Macaca
07-09 12:54 PM
Adjustment Of Status (AOS) Application Submission Laws
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
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 5,000 and there are only 3,000 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 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
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 5,000 and there are only 3,000 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 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
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pyrosleepy
10-30 09:27 AM
Why not we all hope for the best and expect the worse
tonyHK12
02-24 03:30 PM
deleting...
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sam2006
07-19 07:58 PM
Could you please let us know hwo to do it ?
I think Admin Can do it
Making it sticky the post always shows up in the top
I think Admin Can do it
Making it sticky the post always shows up in the top
more...
Sachin_Stock
09-24 05:36 PM
cat got your tongue ?
Its an absurd analogy. If I stress it too much and try to derive some sense out of it, my bar on GMAT prep would actually go down south!
Its an absurd analogy. If I stress it too much and try to derive some sense out of it, my bar on GMAT prep would actually go down south!
breddy2000
05-23 08:40 AM
Will call them today at any cost
more...
nk2006
02-11 11:39 AM
Sent the check for $25 to the address provided by Akhil in the first post.
Thanks for the effort.
Thanks for the effort.
2010 your iPhone 4. Cool eh ?
arun_ramani
02-01 02:36 PM
Contributed $100 for Advocacy day. I will also inform few of my friends who can also contribute.
Best Wishes,
Arun
Best Wishes,
Arun
more...
CADude
08-01 01:06 PM
Wait till next week-end. My 140 mailed to NSC on 11th April (why?? not sure) and received RN from texas. ND was dated 19th April. RD was 13th April.
Now # of applications are more so it can take more time but your RD will be maintained.
Hope this helps...
yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.
Now # of applications are more so it can take more time but your RD will be maintained.
Hope this helps...
yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.
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JunRN
09-12 05:53 PM
My lawyers sent all their applications to NSC, irrespective of where I 140 was processed. In reality i dont think there was any directive from USCIS askingthem not to do so.
Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
my I140 was cleared in Texas. So far nothing.
Its good to hear July 31st people getting updates.. gives me reason to cheer!!
A
Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.
Hopefully, your Receipts will come soon.
Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
my I140 was cleared in Texas. So far nothing.
Its good to hear July 31st people getting updates.. gives me reason to cheer!!
A
Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.
Hopefully, your Receipts will come soon.
more...
gccovet
02-09 04:03 PM
Another $50 from me...Go IV..
Paypal Details :
Amount: $50.00 USD
Transaction Date: Feb. 9, 2009
Transaction ID: 2AC49278S4623223J
Thank you Ashish, total is now $534.00
Paypal Details :
Amount: $50.00 USD
Transaction Date: Feb. 9, 2009
Transaction ID: 2AC49278S4623223J
Thank you Ashish, total is now $534.00
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fide_champ
04-20 09:34 PM
Report them to USCIS and blacklist them. They don't get anything by suing you. They have more to lose if you report them to USCIS.
more...
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waiting for GC2010
11-17 09:50 PM
Done
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chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
more...
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indianindian2006
08-25 04:50 PM
I got a response from Tier2 officer that there are no Visa numbers available. She was pretty pissed that there hell a lot of indians calling and was close to making it racial. She read from a report that DOS sent to USCIS (page 31 is what she quoted) where she said there are no Visa numbers available. I am assuming its for this month.
Did you call TSC or NSC.
Did you call TSC or NSC.
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wantgc23
09-09 08:27 PM
Fcuk!
Just when I thought about quitting Drinking... Oh Well... back to the booze...
:) understand the feelin
Just when I thought about quitting Drinking... Oh Well... back to the booze...
:) understand the feelin
more...
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kosu
06-15 08:22 PM
Mailed to TSC on: June 5th 2007
Mailed From State: VA
Received at TSC on: June 6th 2007
140 approved from : TSC
Receipt Date: June 11th 2007.
Got the Case Number from check image. Still not received my Receipt Notice.
Mailed From State: VA
Received at TSC on: June 6th 2007
140 approved from : TSC
Receipt Date: June 11th 2007.
Got the Case Number from check image. Still not received my Receipt Notice.
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ski_dude12
09-01 02:04 PM
Was it TSC or NSC?
We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.
We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.
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rameshvaid
04-21 06:27 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul.
This is the most shocking of the threads, I have ever read. I know it needs lot of courage to go through what you are going through. MAY GOD BLESS you with a long life and gives courage and wisdom to your family. Getting another opinion from a reputed hospital should be your top most priority. MUST GET SECOND OPINION. Miracles do happen. A friend of mine survived for almost 12 years after the doctors told him 6 months.
I will keep you in my daily prayers and I AM SURE with so many hands folded in prayers for you, GOD will have to SHOWER with his choicest blessings and MAY YOU LIVE LONG.
Contact the IO diectly with all the medical documents and I am sure they are HUMAN too and some one will definately be there for you to help.
I am out of words and do not know as to how I can be of any help to YOU and YOUR family. PLS. do not hesitate to contact me.
GOD BLESS..
Ramesh
P.S: CAN SENIOR IV MEMBERS TAKE UP HIS CASE AND TALK TO A SENIOR OFFICER AT USCIS
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul.
This is the most shocking of the threads, I have ever read. I know it needs lot of courage to go through what you are going through. MAY GOD BLESS you with a long life and gives courage and wisdom to your family. Getting another opinion from a reputed hospital should be your top most priority. MUST GET SECOND OPINION. Miracles do happen. A friend of mine survived for almost 12 years after the doctors told him 6 months.
I will keep you in my daily prayers and I AM SURE with so many hands folded in prayers for you, GOD will have to SHOWER with his choicest blessings and MAY YOU LIVE LONG.
Contact the IO diectly with all the medical documents and I am sure they are HUMAN too and some one will definately be there for you to help.
I am out of words and do not know as to how I can be of any help to YOU and YOUR family. PLS. do not hesitate to contact me.
GOD BLESS..
Ramesh
P.S: CAN SENIOR IV MEMBERS TAKE UP HIS CASE AND TALK TO A SENIOR OFFICER AT USCIS
imneedy
08-30 08:36 AM
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
me too in same boat. :) In my case USCIS have wrong priority date on my case. On their records it somehow shows Jan 2006, while it should be Jul 2003. I have tried to get it resolved but they haven't done anything about it [had tried Ombudsman (7001), Senator, congressman, SR etc]. Funny thing is even the incorrect priority date is current now. And still waiting for GC for over a month :mad:
anzerraja
07-20 02:47 PM
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
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