eagerr2i
07-16 11:37 PM
W-2 is from the employer, that you got paid. Tax return is form 1040 you filed with IRS
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gc_chahiye
06-11 06:02 PM
You may port the PD as well as get 3 yrs extension based on previously approved I-140 regardless of employer as long as I-140 is not revoked.
what happens to the H1 extension if the I-140 is subsequently revoked?
what happens to the H1 extension if the I-140 is subsequently revoked?
funny
09-16 04:01 PM
we can't stop calling.....
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go_guy123
01-20 11:32 AM
(1) Would CHC will vote yes on health care without any coverage for illegal and since CIR may not happen
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
Answer to 2)
CHC only wants amnesty for illegals. They don't care about skilled immigration.
They hold the SKIL etc hostage to CIR. But CIR is impossible.
CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.
Moreover the CIR coalition also weakens with failures.
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
Answer to 2)
CHC only wants amnesty for illegals. They don't care about skilled immigration.
They hold the SKIL etc hostage to CIR. But CIR is impossible.
CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.
Moreover the CIR coalition also weakens with failures.
more...
nyckings
10-15 03:41 PM
Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.
I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.
I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.
summitpointe
01-31 02:02 PM
There is a high possibility that you will get an RFE and you will need to reply for the RFE.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
more...
desitechie
07-13 07:54 PM
Hi,
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Experience letter is always useful for H1B and Green Card purposes. Try to take an affidavit from your supervisor(ideal) or colleague listing the duration and technologies involved.
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Experience letter is always useful for H1B and Green Card purposes. Try to take an affidavit from your supervisor(ideal) or colleague listing the duration and technologies involved.
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India_USA
06-25 09:52 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
more...
walking_dude
11-26 02:34 PM
Why do we always blame others for our problems? USCIS, DOL and now IVs lobbyists?
First of all, we wouldn't need any lobbyists if ALL members of our community ( including completely inert/inactive members like you) were doing their job. That is approaching the local lawmakers ( US Senators and Reps) office. If al 25,000 members of our site (or at least the majority of them) were doing this, we wouldn't even be needing any lobbying firm. We could have been doing it all ourselves, saving a lot of money and doing a better job.
Since that's not happening - because most members like you are scared shitless like Chicken Little that sky may fall on your heads if you do that - IV is not left with much option, but to use the services of the Lobbying firms.
Before asking Lobbying firm for refund, you should do your job of lobbying with your local lawmakers. If you were sharing your part of the responsibility, we wouldn't be needing them in the first place.
should we not ask for refund from our lobbyists..they lied to us last yearlobbying shoud be result oriented..not stuffing for their turkey...... sab hawa ke badhshah hai..;-)
First of all, we wouldn't need any lobbyists if ALL members of our community ( including completely inert/inactive members like you) were doing their job. That is approaching the local lawmakers ( US Senators and Reps) office. If al 25,000 members of our site (or at least the majority of them) were doing this, we wouldn't even be needing any lobbying firm. We could have been doing it all ourselves, saving a lot of money and doing a better job.
Since that's not happening - because most members like you are scared shitless like Chicken Little that sky may fall on your heads if you do that - IV is not left with much option, but to use the services of the Lobbying firms.
Before asking Lobbying firm for refund, you should do your job of lobbying with your local lawmakers. If you were sharing your part of the responsibility, we wouldn't be needing them in the first place.
should we not ask for refund from our lobbyists..they lied to us last yearlobbying shoud be result oriented..not stuffing for their turkey...... sab hawa ke badhshah hai..;-)
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puvathoor
02-17 09:02 AM
Even if Charles did say that EB2 India / China will have a cut off date of Dec 2003, how come the lawyers did not question him on this logic?
EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).
What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.
While I would love for this to happen, this seems to be a very remote possibility.
EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).
What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.
While I would love for this to happen, this seems to be a very remote possibility.
more...
mdforgc
04-14 05:00 PM
Dont the bill have to be placed in federal register after the Prez signs it, for 90 days for it to be law? I remember so from the PERM regulation timeline.
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meridiani.planum
08-12 05:40 PM
if your applications are pending for over 6 months (approvable and your PD isc urrent for this long), file a writ of mandamus. Thats the only thing I have seen that moves USCIS to approve such old applications that are hiding behind the 'under background check' flag. Note that FBI namecheck is also now required to be completed within 180 days, so there is no excuse for an application to remain approvable but not approved beyond those timelines. talk to a good lawyer and pursue your case aggressively.
more...
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chinna2003
03-11 05:21 PM
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
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tonyHK12
02-03 07:52 PM
Congratulations
more...
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gc007
01-08 01:09 AM
I don't have any reference as such but as has been told earlier by someone..
""Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!""
..... I was just wondering if the officer at the time of re-entry stamps the date on the I-94 with current approval date on the passport instead of the new approval then it may be req to get your extention upon the expire of that date.
Again this is something an attorney can tell for sure.
.
""Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!""
..... I was just wondering if the officer at the time of re-entry stamps the date on the I-94 with current approval date on the passport instead of the new approval then it may be req to get your extention upon the expire of that date.
Again this is something an attorney can tell for sure.
.
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eastindia
04-21 12:25 PM
I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
Dude you have good sense of humor.
RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)
In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)
Dude you have good sense of humor.
more...
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gc_chahiye
10-29 11:11 PM
Hi,
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
first of all, your EAD and 485 are not impacted by any of these H1 mix-ups from your lawyer. So relax.
You can start working on EAD now and wait for the H1 approval to come through. Whne it does come through, youll need ot leave the US, get a visa stamp and come back in to activate the H1 (if you need H1 status for some reason like you are unmarried and will need to bring spouse on H4).
If you are really paranoid, stop working right now and do the H1 in premium processing. If USCIS grants the extension of status (you get new I-94) continue working on that, you are all set. Otherwise at that point you can start on EAD or leave-get_stamped-return, whatever you want.
To move to EAD you need to file a new I-9 with the employer.
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
first of all, your EAD and 485 are not impacted by any of these H1 mix-ups from your lawyer. So relax.
You can start working on EAD now and wait for the H1 approval to come through. Whne it does come through, youll need ot leave the US, get a visa stamp and come back in to activate the H1 (if you need H1 status for some reason like you are unmarried and will need to bring spouse on H4).
If you are really paranoid, stop working right now and do the H1 in premium processing. If USCIS grants the extension of status (you get new I-94) continue working on that, you are all set. Otherwise at that point you can start on EAD or leave-get_stamped-return, whatever you want.
To move to EAD you need to file a new I-9 with the employer.
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pappu
10-18 10:16 AM
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
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leo2606
08-03 05:26 PM
about multiple A#s
http://www.murthy.com/mb_pdf/112307_P.html
http://www.murthy.com/mb_pdf/112307_P.html
immi2006
10-04 01:39 AM
Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.
I am not sarcastic this is the reality,
There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.
I am not sarcastic this is the reality,
There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.
dontcareaboutGC
03-19 11:24 AM
Ignore this if this is a repost!
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
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