diptam
09-01 01:10 PM
Landed in Feb 2000 ....
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
Why don't you create a poll for this?. That will be easier.
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
Why don't you create a poll for this?. That will be easier.
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ajay
04-30 08:59 AM
I did call and left a voice message as suggested by Pappu.
Hope for the best. Support IV as always.
Hope for the best. Support IV as always.
pankajkakkar
08-08 12:08 PM
I sent you one in a PM a few minutes ago.
Pankaj
Pankaj
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jonty_11
07-06 01:04 PM
yes please concentrate on IV action items, Contact senators, media, and keep digging...please that is the only way we have currently...so use ur free time to Digg...please
immigration-law.com - Mathew Oh's Sattire yet again
=======================
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
* According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Hmm............................................... .........................
immigration-law.com - Mathew Oh's Sattire yet again
=======================
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
* According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Hmm............................................... .........................
more...
satyasaich
08-14 06:55 PM
"""The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
If one thinks with cool head, what you said makes sense. also if you remember when EB3 (I) was actually retrgoressed on Jan1/2005, the PD was jun/2002. Then it was retrogressed all the way back to 1999 or something. Later on, slowly it came up to March/2001 & stopped there for a while due to the so called 'Hump' (due to 245i cases, i think)
AND slowly but steadily PD for EB-I crawled up to Nov/2001 until May2007.
Suddenly in June'07, the PD was advanced to June/2003 and i know so many pending cases were cleared around july and august of 2007.
So far what i've mentioned are all facts only.
Now looking forward for fiscal year allocations starting from Oct'2008, i can say the PD for EB-I will begin atleast Jun'2002. May be even a better PD but i'm not sure. For sure there is a good chance of making progress to end of 2003 when it comes to Sep'2009. This is based on availability of only those visa numbers as mandated by law as of today.
Any comments
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
If one thinks with cool head, what you said makes sense. also if you remember when EB3 (I) was actually retrgoressed on Jan1/2005, the PD was jun/2002. Then it was retrogressed all the way back to 1999 or something. Later on, slowly it came up to March/2001 & stopped there for a while due to the so called 'Hump' (due to 245i cases, i think)
AND slowly but steadily PD for EB-I crawled up to Nov/2001 until May2007.
Suddenly in June'07, the PD was advanced to June/2003 and i know so many pending cases were cleared around july and august of 2007.
So far what i've mentioned are all facts only.
Now looking forward for fiscal year allocations starting from Oct'2008, i can say the PD for EB-I will begin atleast Jun'2002. May be even a better PD but i'm not sure. For sure there is a good chance of making progress to end of 2003 when it comes to Sep'2009. This is based on availability of only those visa numbers as mandated by law as of today.
Any comments
skd
04-14 10:53 AM
That is why I wanted to know
more...
aristotle
07-20 05:05 PM
My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
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hpandey
07-06 11:04 AM
>> Although 30,000 people are IV members
I beg to differ here. 30k+ plus people have signed up so far, but how many are active now? How many have even logged in IV in last 3 months or even 6 months? I don't see any link to discontinue membership here, so we don't know how many people up signed up and left?
There is no way to know count of "active members". Many IV members have got GC in last 2 years and they have "quitely" left IV and forgotten the struggle by EB based immigrants. How many members stay at IV after getting GC?
Many people believe that by getting EAD they are Temp GC holders and motivation for seeking any benefit is gone.
I am pained to say this, but we are a thankless community.
.
Yes you are right also . As I said a lot of people don't care what happens to everyone else as long as their immediate situation becomes okay or they get a GC. That is why illegal-immigrants have a voice - they have money and they have got mass participation from their community - even people who are citizens here or got GC .
As for our EB community - try going to a person who got citizenship or a GC and then hear what you will get. They will either politely decline or start talking about the abuse of the H1 program and things like that. They won't lift a finger to help us.
Well what can we expect from our fellow EB naturalized citizens and GC holders when even we on H1 or in 485 queue won't help ourselves.
Someone mentioned above that IV has 450K in assets and hence no funding issue. I personally don't think that is enough for bring a change like getting visa recapture or other legislation.
I beg to differ here. 30k+ plus people have signed up so far, but how many are active now? How many have even logged in IV in last 3 months or even 6 months? I don't see any link to discontinue membership here, so we don't know how many people up signed up and left?
There is no way to know count of "active members". Many IV members have got GC in last 2 years and they have "quitely" left IV and forgotten the struggle by EB based immigrants. How many members stay at IV after getting GC?
Many people believe that by getting EAD they are Temp GC holders and motivation for seeking any benefit is gone.
I am pained to say this, but we are a thankless community.
.
Yes you are right also . As I said a lot of people don't care what happens to everyone else as long as their immediate situation becomes okay or they get a GC. That is why illegal-immigrants have a voice - they have money and they have got mass participation from their community - even people who are citizens here or got GC .
As for our EB community - try going to a person who got citizenship or a GC and then hear what you will get. They will either politely decline or start talking about the abuse of the H1 program and things like that. They won't lift a finger to help us.
Well what can we expect from our fellow EB naturalized citizens and GC holders when even we on H1 or in 485 queue won't help ourselves.
Someone mentioned above that IV has 450K in assets and hence no funding issue. I personally don't think that is enough for bring a change like getting visa recapture or other legislation.
more...
beppenyc
03-08 02:23 PM
I can`t beleive it. I am very disappointed, that is unveliable. Everytime that it looks that something is happening...we got some problems. Now what`s going on with the democrats....
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smaram1
03-06 03:51 PM
LUDS's on 3/5 and 3/6 for spouse and myself...atleast some one is having a look at documents ..that's a good sign....
more...
illusions
03-03 06:17 PM
Does any one have a best guesstimate on what the April VB will be for ROW ?
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natrajs
03-13 10:27 AM
IV has started a donor Forum for contributing members.
http://immigrationvoice.org/forum/forumdisplay.php?f=109
Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.
If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.
From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.
If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.
Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.
Thank you for your continued support
I did many one time contributions before , Today I started my monthly contibution ( Paypal - Subscription Number: S-3GB61005N70576746)
Better Late than never.
Thanks
Natraj
http://immigrationvoice.org/forum/forumdisplay.php?f=109
Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.
If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.
From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.
If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.
Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.
Thank you for your continued support
I did many one time contributions before , Today I started my monthly contibution ( Paypal - Subscription Number: S-3GB61005N70576746)
Better Late than never.
Thanks
Natraj
more...
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GCStatus
09-14 04:16 AM
Please join our hands at "If i can be a little blunt" thread
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indianabacklog
06-02 10:05 AM
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
No is the simple answer. If the new legislation is enacted his choices are even fewer they will remove the family based category in which you could have applied for him once you get a green card. The future is very bleak for aged out children of EB immigrants. My son is one of these children and we have no answer. Myself and others on this site have asked that IV mention such children in their efforts but to date this has not happened. It is retrogression and labor backlogs which created this so I consider it a fundamental part of the retrogression issue.
Others reading this who are waiting for their priority date to become current should consider this may be going to happen to them if things are not changed and your family may join the thousands of us already in this situation.
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical but it is the only way I can keep him in the United States legally. Although I am beginning to think I should have allowed his visa to lapse then he could have benefitted from the DREAM act.
Thanks
No is the simple answer. If the new legislation is enacted his choices are even fewer they will remove the family based category in which you could have applied for him once you get a green card. The future is very bleak for aged out children of EB immigrants. My son is one of these children and we have no answer. Myself and others on this site have asked that IV mention such children in their efforts but to date this has not happened. It is retrogression and labor backlogs which created this so I consider it a fundamental part of the retrogression issue.
Others reading this who are waiting for their priority date to become current should consider this may be going to happen to them if things are not changed and your family may join the thousands of us already in this situation.
For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical but it is the only way I can keep him in the United States legally. Although I am beginning to think I should have allowed his visa to lapse then he could have benefitted from the DREAM act.
more...
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Sakthisagar
02-24 11:41 AM
The Congressional Hispanic Caucus has successfully blocked consideration of all immigration legislation until amnesty is brought up for a vote. Unless and until the issue of amnesty is resolved, we aren't going to see anything. On the other hand, if amnesty is voted down, then expect to see just about everything else passed.
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.
The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!
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gc_on_demand
12-10 04:38 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (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. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (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. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
more...
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illusions
03-03 06:17 PM
Does any one have a best guesstimate on what the April VB will be for ROW ?
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jonty_11
07-18 12:36 PM
Where are the new members whom I see on other 485 related forums?
We can only hope they join..and pitch in...
We can only hope they join..and pitch in...
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breddy2000
12-10 04:14 PM
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
It clearly states that "IF Section 202(a) were to apply(spillover rule) then the dates move as mentioned above. That means that it did not happen until now...
Question is since the section 202(a) is part of the law , does it state that they need to utilize this section 202(a) quarterly or at USCIS/DOS own descretion.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
It clearly states that "IF Section 202(a) were to apply(spillover rule) then the dates move as mentioned above. That means that it did not happen until now...
Question is since the section 202(a) is part of the law , does it state that they need to utilize this section 202(a) quarterly or at USCIS/DOS own descretion.
mmillo
06-08 12:30 AM
Will Fannie/Freddie give loan with 20% down while in AOS? i mean in regualr interest rate?
Thanks
Thanks
VSS2007
04-03 11:18 AM
Every one is living with full of hopes.. Please no fight.
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