validIV
03-18 11:13 AM
C-Corp is the best way to go. You can register your corporation name and EIN number online with both the Business bureau in your state and the IRS. It takes an hour at most. For me in NYC, I used OPAL: http://www.nys-permits.org/
From my experience, it is better to take commission (to pay yourself) than salary. Basically making your salary project-based like a consultant. That way you can always offset any big expenses with your commission (salary) whenever you incur them. But your method of accounting is up to you.
Get quickbooks or accountedge to maintain a ledger. Excel is pathetic at this.
For C-Corp you file an 1120 annually and a franchise tax (varies by state). NYC has a franchise tax (its called NY Corp Tax) which requires you to pay even if you have no profits for the year. If you are selling tangible objects like software online or merchandise, please note you need a Sales Certificate with your state to collect sales tax. This must be filed quarterly. Sales tax is now being enforced nationwide (Please lookup Amazon / Overstock.com's recent loss to a federal ruling regarding not charging salestax).
Apart from that, keep receipts, make a business account with your bank of preference and try as much as possible to offset all gains with expenses.
From my experience, it is better to take commission (to pay yourself) than salary. Basically making your salary project-based like a consultant. That way you can always offset any big expenses with your commission (salary) whenever you incur them. But your method of accounting is up to you.
Get quickbooks or accountedge to maintain a ledger. Excel is pathetic at this.
For C-Corp you file an 1120 annually and a franchise tax (varies by state). NYC has a franchise tax (its called NY Corp Tax) which requires you to pay even if you have no profits for the year. If you are selling tangible objects like software online or merchandise, please note you need a Sales Certificate with your state to collect sales tax. This must be filed quarterly. Sales tax is now being enforced nationwide (Please lookup Amazon / Overstock.com's recent loss to a federal ruling regarding not charging salestax).
Apart from that, keep receipts, make a business account with your bank of preference and try as much as possible to offset all gains with expenses.
wallpaper 2002 Volkswagen Magellan
21stIcon
05-04 01:36 PM
Every body knows about PERM system glitches before July28,2005, they gave an oppertunity to refile for all those who got rejected on software issues, so we do not need to go back to year old data and I am quite a frequent visitor to immigrationportal, at least 5 visits a day from last sep'05
Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
.
Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
.
amitkhare77
08-10 12:06 PM
I am EB3 Dec 2006. I have changed JOB on EAD, I did file AC21 through my new employer. my new employer has already started the EB2 processing.
I would recommend you the following -
make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
I would recommend you the following -
make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
2011 VW Magellan Concept - Rear Angle, 2002, 800x600, 5 of 5
kaisersose
04-16 03:11 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
more...
smisachu
05-13 03:51 PM
[QUOTE=michael_trs;1852366]Smisachu, I agree, I need to add alternative education� thank you for your advice.
What about �requirements normal for the occupation� is this Yes or No for Master's + 5 years ?
What is your experience?[/QUOTE
Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.
For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.
What about �requirements normal for the occupation� is this Yes or No for Master's + 5 years ?
What is your experience?[/QUOTE
Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.
For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.
GcInLimbo
11-19 12:08 AM
Nope. H1 was rejected after 2 and half years of processing. I don't know the reasons for the rejection.
more...
monikainusa
03-22 09:14 AM
the notice says:
based on the document you have submitted to us and the information elicited in your interview with an american consuller officer we are not able to issue
you an h-4 temporary visa because :
the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with
a appropriate laws and regulations
I have provided all the documents including client letter.please advise.. also does it revoke my husband's H1B visa ?
based on the document you have submitted to us and the information elicited in your interview with an american consuller officer we are not able to issue
you an h-4 temporary visa because :
the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with
a appropriate laws and regulations
I have provided all the documents including client letter.please advise.. also does it revoke my husband's H1B visa ?
2010 Winged Messenger - Concept and
lvinaykumar
08-15 07:54 PM
good luck with your green...
more...
validIV
03-18 12:33 PM
You have an EAD, so you can file the incorporation or founding of the company yourself. You do not need a partner. As for formation and dissolution fees for the business entity of your choice, you would need to research that by your state.
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Tshelar
11-11 08:35 AM
I am guessing you are only worried about the original degree getting lost in this process. Worst case scenario you can always get another one issued from the university.
Send a covering letter mentioning that you want the Original Degree certificate returned to you or your attorney. Self Addressed envelop wouldn't hurt.
Transcripts you would be anyway getting from the university in a sealed envelop that you would need to send it to the USCIS.
I am guessing USCIS is trying to follow a similar process as any U.S college admission process.
Send a covering letter mentioning that you want the Original Degree certificate returned to you or your attorney. Self Addressed envelop wouldn't hurt.
Transcripts you would be anyway getting from the university in a sealed envelop that you would need to send it to the USCIS.
I am guessing USCIS is trying to follow a similar process as any U.S college admission process.
more...
GKBest
08-03 08:25 PM
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
From the way I understand if the case is denied, you cannot work but you are authorized to stay if your appeal has been decided in your favor. However, some lawyers say that you can work with the H1 employer since the decision is not yet final. So which one is correct?
From the way I understand if the case is denied, you cannot work but you are authorized to stay if your appeal has been decided in your favor. However, some lawyers say that you can work with the H1 employer since the decision is not yet final. So which one is correct?
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Ψ
06-06 11:33 AM
well iam trying to seduce u .....i likje the girl.........she looks hot........the next oneis going to be hotter....just watch
more...
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HV000
08-10 08:47 PM
Reforms To Visa Programs For Highly Skilled Workers.
IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months
IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months
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pom
09-04 08:52 AM
What's pixel stretching ?
more...
pictures 2002 Volkswagen Magellan
chanduv23
03-29 09:47 PM
Chanduv,
I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.
I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.
Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!
HP
The idea is to encourage imigrants to get into this process of "self help". A lot of people do not realise the importance of such efforts and thats whythey try to avoid and always find issues and faults.
Students/OPT are fresh, young and talented and their energies can be channelized in the most effective manner. it is just the process of trying to inculcate the thought of "right approach" for their careers and future.
IV has been a platfrom for immigrants, IV has been used as a platform for various issues like drivers license and other variety of issues.
I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.
I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.
Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!
HP
The idea is to encourage imigrants to get into this process of "self help". A lot of people do not realise the importance of such efforts and thats whythey try to avoid and always find issues and faults.
Students/OPT are fresh, young and talented and their energies can be channelized in the most effective manner. it is just the process of trying to inculcate the thought of "right approach" for their careers and future.
IV has been a platfrom for immigrants, IV has been used as a platform for various issues like drivers license and other variety of issues.
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vikram_singh
07-27 01:02 PM
Wow, never thought you people would like it:-)
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
more...
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glus
05-31 12:52 PM
Thank you to everyone who contributed. Guys, Junior members have contributed, you have to do it too......please do it.
J
J
girlfriend 2002 Volkswagen Magellan
pani_6
03-20 09:57 AM
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
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zephyrr
03-21 12:35 PM
Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.
I agree that one should probably do it for compelling reasons.
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
I agree that one should probably do it for compelling reasons.
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
Anders �stberg
July 15th, 2004, 02:25 PM
Just one more... :)
Open:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6562.jpg
Closed:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6561.jpg
Open:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6562.jpg
Closed:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6561.jpg
Blog Feeds
12-18 09:50 AM
AILA Leadership Has Just Posted the Following:
Last month I blogged about my convoluted math--trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) just issued, with this explanation:
D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office (VO)subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment 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 Employment Third preference monthly target is 3,000 and there are only 1,000 applicants, the category is considered "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 Employment Third preference monthly target is 3,000 and there are 8,000 applicants, a cut-off date would be established so that only 3,000 numbers would be used, and the cut-off date would be the priority date of the 3,001st applicant.
Applicants entitled to immigrant status become qualified at their own initiative and convenience and upon the completion of various processing requirements. Therefore, it is extremely important to remember that 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 qualified each month, and consideration of other variables. Demand for visa numbers can fluctuate from one month to another, with an inevitable impact on cut-off dates.
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.
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
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
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which
are subject to fluctuations in demand during the coming months. The actual
future cut-off dates cannot be guaranteed, and it is possible that some annual
limits could be reached prior to the end of the fiscal year.
So, there you have it. The "official" guesses for FY 2010! It would be terrific, however, if the Visa Bulletin would tell us, based upon its knowledge of pending cases, and estimates on time, how long a case would take in the given categories, if started today. When the Department of State releases THAT information, then perhaps Congress will sit up and take notice that we are facing a literal crisis in our employment based immigration program, and hurting ourselves as a result.https://blogger.googleusercontent.com/tracker/186823568153827945-2329407886555470879?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/from-department-of-state-with-love-visa.html)
Last month I blogged about my convoluted math--trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) just issued, with this explanation:
D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office (VO)subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment 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 Employment Third preference monthly target is 3,000 and there are only 1,000 applicants, the category is considered "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 Employment Third preference monthly target is 3,000 and there are 8,000 applicants, a cut-off date would be established so that only 3,000 numbers would be used, and the cut-off date would be the priority date of the 3,001st applicant.
Applicants entitled to immigrant status become qualified at their own initiative and convenience and upon the completion of various processing requirements. Therefore, it is extremely important to remember that 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 qualified each month, and consideration of other variables. Demand for visa numbers can fluctuate from one month to another, with an inevitable impact on cut-off dates.
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.
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
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
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which
are subject to fluctuations in demand during the coming months. The actual
future cut-off dates cannot be guaranteed, and it is possible that some annual
limits could be reached prior to the end of the fiscal year.
So, there you have it. The "official" guesses for FY 2010! It would be terrific, however, if the Visa Bulletin would tell us, based upon its knowledge of pending cases, and estimates on time, how long a case would take in the given categories, if started today. When the Department of State releases THAT information, then perhaps Congress will sit up and take notice that we are facing a literal crisis in our employment based immigration program, and hurting ourselves as a result.https://blogger.googleusercontent.com/tracker/186823568153827945-2329407886555470879?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/from-department-of-state-with-love-visa.html)
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