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Member Profile: Kumraj (157 posts)

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Hello, I'm Kumraj (report this user)
I am from India
I last logged in on 19 Nov 2014
I have been a member since 07 Nov 2014
I have added 157 posts in trackitt forums
I added my last post on 17 Nov 2014
Kumraj's Posts
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

to Kumraj:

1) The law does't require the FB/EB tag on the visa numbers
2) Even if 1 is allowed, then the law does't say that the category quota needs to be used first before the rollover. It talks of it as whole and total


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then explain why USCIS report in the document that there are "un used visas" in the past years under FB/EB if it gets roll over for each year.

though law U.S.C. 1151(c)(1)(A)(iii)), (8 U.S.C. 1151(d)(1)(B)) governs this well but for what logic that you look for law on how this visa needs to counted against quota at first or vise versa. why you need a law statue to govern this as this will be handled by the system and in what way it is going to have impact to your argument.

do you agree there are two ways to count this. can be either counted at first or at last. i gave you a scenario on how the system may count this by counting the previous un used FB visas at the end and the quota at first. now if the system counts the FB un used at first and the quota at last then this will happen


out of 3949 FB 2005 moved to EB it will count all this at first and then go with the quota of 140,000 at last. if this happen then all the 3949 would have been used and there will nothing left in the "un used past year" pool. simple math.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

don't over step. i don't think for everything WH needs legislation. of course he can do lot with EO with out bye passing the law. as like issuing EAD etc. but here in our topic of discussion EO is not possible for visa re capture and dependent removal because it would violate the immigration laws directly. just because EO can't bye pass this two provisions as you wish,i don't think the entire authority of president will be lame duck. American constitution is not like india the powers are equally divided. Separation of powers vested with in all levels of executive, legislative and judicial. As an head of executive he got the lot of powers like to issue EAD ( which is temporary and the person who poses it was still non immigrant) and he can direct the agencies in his control to follow certain enforcement discretion. however he cant make them legal by granting them permanent residency or citizen ship because those powers are vested in the congress.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

though you hide to answer my legitimate questions and keep throwing questions to me. what you mean i need to work on my math. this is not rocket science as you believe to make complex. as i said this previously this would go against the quota either at first or last (for argument purpose in which ever way you want to count, first or last because i don't know the real software algorithm :)) let us say it count at first.

so it receives un used 3949 from FB 2005 and add to EB 2006 where as the regular EB 2006 got its own quota of 140,000 from the fiscal 2006. now the count begins with the regular quota and if it get over with all 140,000 used with in the regular quota and nothing from 3949 FB 2005 has been touched then it wont get moved to any where and will remain in the same category for ever as "un used past year" visa.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Can you provide a reference in the law that states that current year quota needs to be used first ?
__________________________________________________________________________________________________

to CarterJohn:

back to square one. the answer lies in the same law U.S.C. 1151(c)(1)(A)(iii)), (8 U.S.C. 1151(d)(1)(B)). now let me ask you a question.what is your argument ? are you saying all the visas left in each year should have get roll over to next year. if that is the case then explain why USCIS report in its official document there are un used visas left in each year. also give me the reason why congress enacts "special legislation" in the past as reported in the below official document that it used 506,410 ( 180,039 were recaptured by special legislation) If according your notion a simple administrative means can catch these visas why it requires for the administration to go for congress to enact law. you need to answer this with proof of facts as like i did. not with your own rough theory


http://www.dhs.gov/xlibrary/assets/cisomb_2010_...
_________________________________________________________________________________________

i want to another caveat here further to the above reply by me. though law U.S.C. 1151(c)(1)(A)(iii)), (8 U.S.C. 1151(d)(1)(B)) governs this well but for what logic that you look for law on how this visa needs to counted against quota.

do you agree there are two ways to count this. can be either counted at first or at last. i gave you a scenario on how the system may count this by counting the previous un used FB visas at the end and the quota at first. now if the system counts the FB un used at first and the quota at last then this will happen


out of 3949 FB 2005 moved to EB it will count all this at first and then go with the quota of 140,000 at last. if this happen then all the 3949 would have been used and there will nothing left in the "un used past year" pool. simple math.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

sorry you are in the middle and interpret me as though am totally negative for all the expected items for legals in EO. no. never.
am going to be the beneficiary of h4ead for my wife and totally agree that this will happen for sure with out any legal binding and president got complete authority to do this. you have to read all my posts and understand where i stand for each of the issue before throwing your nasty comment against me. with out investigating thoroughly you are jumping the gun to give a false verdict upon me. here is what other members think about me for the proof


Posted by TheCompleteMan (2) 3 hours 56 minutes ago#7887
to h4eadseeker:

He hasn't said anything against that rule. Infact, he keeps iterating that the rule is coming for sure.
Its the debate about the other provisions in EO that is bring out the worst in fellow members especially when they are unable to counter his views through reasoning.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Talk with facts my friend. don't just try malign some body in the middle with out providing any means on how you think it is possible by EO. USCIS just cannot interpret on its own and do what ever it can. if it can do this then why administration goes with congress to enact special legislations as mentioned here...

http://www.dhs.gov/xlibrary/assets/cisomb_2010_...

if you think am not bringing any thing new and your divine knowledge know all this before then let me accept you are great as well. also i want to clarify regardless of the result what is going to be in EO or not. i stand with my argument. if president issues only EAD then it won't go against the law but if he try to do any thing with GC then he would be subjected to law suit. this is my expectation generally president won't do anything that goes against law unless he get pressurized politically. more over the game won't end once EO get issued. I think that is where the game begins. There is long way to go.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

little difference. am answering quoting facts and laws from official document. where CJ throws question where his answers are not outlined with legal facts.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

back to square one. the answer lies in the same law U.S.C. 1151(c)(1)(A)(iii)), (8 U.S.C. 1151(d)(1)(B)). now let me ask you a question.what is your argument ? are you saying all the visas left in each year should have get roll over to next year. if that is the case then explain why USCIS report in its official document there are un used visas left in each year. also give me the reason why congress enacts "special legislation" in the past as reported in the below official document that it used 506,410 ( 180,039 were recaptured by special legislation) If according your notion a simple administrative means can catch these visas why it requires for the administration to go for congress to enact law. you need to answer this with proof of facts as like i did. not with your own rough theory


http://www.dhs.gov/xlibrary/assets/cisomb_2010_...
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

There are software system in place with required algorithms to track where this visas came from. it is simple math and basic SQL from the database.

let us take the same example and see how this could get differentiate

For example, in 2005 there were 3,949 unused family sponsored visa numbers, so the 2006 employment preference limit was set to 143,949 (140,000 + 3,949). If nothing was left, the limit would be 140,000.

Once the 3949 visas get moved from FB 2005 to EB 2006, the system would mark the flag as this visas are from FB 2005. now once the EB starts in 2006 the system would start allocating the initial available 140,000 visas available from that category to each applicant. If the all the 140,000 numbers are used and if needs more visa then it will go for that 3949 and count against it. let say it picks 1000 visas out of 3949 then the remaining 2949 visas would be marked as "un used past year visas" and would remain in the same category for ever because the system knows it is using the visas from the previous years FB quota moved to EB. On the other side if the system only uses only 139,000 out of 140,000 from the current years EB quota then it will move the remaining 1000 visas to the FB 2007 category where as all the 3949 will marked as "un used past year visas" and remain in the same category for ever.

hope this helps.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Since this 3949 visas was moved to EB 2006 from FB 2005 as per the statue and if it was left un used again in 2006 EB then this visas are called "un used past year visas" and will remain in the same category for ever because there was no statue to "roll over" this to next year 2007.
This was the un used visas that we are talking to re capture that was left in years from 1992 to 1997 where it needs special legislation to grab for the current fiscal year.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

If we go by your interpretation of the law, then the unused numbers should perpetually trickle down to the current year, alternating between FB and EB categories. The law makes no difference in the current years quota and the previous numbers inherited from the alternate category. Refers to it as the "maximum number of visas".. Snippet reference below.

(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year. ..U.S.C. 1151(d)(2)(C)
______________________________________________________________________________________________

Below is for your reference on how the immigration is governed by law.
The annual limit for total number of legal immigrants is 675,000. This is the maximum allotment of visa numbers per year, covering both foreign nationals who receive immigrant visas at consular offices abroad, and those who adjust status within the United States.
675,000 is a "flexible" cap, with certain categories of immigrants exempted from the limit (for example, immediate relatives of U.S. Citizens and certain special immigrants)
The annual limit is divided into three main categories: family sponsored, employment-based, and diversity visa
675,000 = 480,000 + 140,000 + 55,000 (see below)
Family-sponsored annual limit: minimum 226,000, up to 480,000. The actual limit is calculated each year as 480,000 minus the total number of immediate relatives of U.S. citizens who became permanent residents in the previous fiscal year (as well as a few other groups), plus any unused employment preferences numbers in the preceding year. If the result comes out to be below 226,000, the annual limit will be set at 226,000, as required by law.
Employment-based annual limit: minimum 140,000. The actual limit is calculated as 140,000 plus unused family-sponsored preferences in the previous fiscal year. For example, in 2005 there were 3,949 unused family sponsored visa numbers, so the 2006 employment preference limit was set to 143,949 (140,000 + 3,949). If nothing was left, the limit would be 140,000.
Diversity visa (green card lottery) annual limit: 55,000
Per-country cap: 7% of the total annual family-sponsored and employment-based preference limits. If the limits are 226,000 and 140,000, respectively, the per-country limit will be 25,620, which is 7% of (226,000 + 140,000). Furthermore, the per-country cap of 25,620 is divided into family-based limit (15,820) and employment-based limit (9800).


Now for the current year if USCIS want to go beyond previous year ie, for 2014 if it needs to go beyond 2013 to recapture the un used visas then it needs legislative permission from the congress to override the current governing law with the above. that is why it is done by special legislation before.hope am clear now. let me know if you need any further interpretation to this facts.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

OK, this is your opinion again. Please don't pass it off as a fact that is in the document.
__________________________________________________________________________________

Having precedence of recapture by legislation does not imply EO cannot do it, if it is within bounds of existing laws. There are numerous examples of congress and white house both tackling the same problem, and the tools in their arsenal are legislation and EO respectively


_________________________________________________________________________________________


nope this is not my opinion again and precedence are not there with out reason. You have to view the immigration law in big picture to understand this.By statute, Congress has placed a limit on the number of foreign-born individuals who are admitted to the United States annually as family-based or employment-based immigrants or as refugees. There is overall cap limit for immigration for every year and that goes to individual category limit. There are governing laws how visas should be used for every year in this each category and the following year like (8 U.S.C. 1151(c)(1)(A)(iii)), (8 U.S.C. 1151(d)(1)(B)) etc.
Now, the law is clear on how it should be used in the same year and the following year to control the immigration with in the congressional cap limit. but for cases if USCIS need visa numbers from the past years to handle backlogs or certain demand for immigration then the special law should be permit to override the existing base law from the same congress that allow USCIS to do that. Here is where the need arouse for the special legislation and that is why past precedence was like that. EO is not law and it can't interpret the law on it own. If that is the case then all this special legislation's are joke and utter waste of time. do you think law makers are bunch of jokers who passes legislation with out any need when the same can be done by administrative means. Do you think what is the cost to run the congress per hour.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

this is common sense. If they have done this with legislation in the past then it explains it needs congressional intervention to pass law. EO is not law.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

So if by some miracle if GC dates become current, will i get benefit through consular processing?.

At the time if the dates become current and if you are out of country and decide to pursue your case through consular processing then you must file Form I-824 with the USCIS. This is to request consular processing.
The USCIS will forward the information about your I-40 approval to the National Visa Center.The NVC will sends an Instruction Package to you when your visa number becomes available. Please note that the wait here will be indefinite based on visa availability for your priority date. Until the visa number is available there is no way for you to immigrate into USA and you will get struck with consular processing in a foreign country.

Since you are here in the USA already with your GC case. my best bet and advise for you is to wait and look for what happens with EO. if you are lucky enough then you can file AOS once dates get current and earn the EAD/AP for you and your wife and continue working. in this way there are less hassles and you don't need to worry or care much about when the visa number become available etc.

If nothing happens in EO to your favor then will you can to leave london and put your case to consular processing.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Hi Kumraj,

Did not see your response to the following question in other thread. So reposting

Taking your logic into consideration: 326k visas from EB will go to FB. (506k-180k) USCIS Code 1151 (d) (2) (C) also states that if FB bas unused visas it will go to EB. From your link http://www.dhs.gov/xlibrary/assets/cisomb_2010_... there are 241 928 unused FB Visas which should then switch over to EB.

______________________________________________________________

Here is the law (8 U.S.C. 1151(d)(1)(B)) similarly states that any family - sponsored visas not used in one year are allocated to the employment - based categories the following year. meaning this should have been done the following year. now the visas are well in past years from 1992 to 1997.

Assuming if the visa is available in EB category (as per above statue this is not but let us ignore this for argument purpose) Still to recapture the unused visas from previous years it needs special legislation from congress and EO can't do it. This is well explained in the same document.
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

I'm sure going to ignore them unless they interpret me. In fact i requested them to do so. you been little bit harsh to me based on your assumption of my so called -ve comments but when it comes to foul languages you seem not that much bothered and just ignore is the answer :) Any way thank you brother. Let us get to the topic
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

kindly note that i485 goes with AOS with in the country and not with Consular processing. While the dates are current you need to be physically present here with some kind of non immigrant status like h1b and file the AOS (i485 application) before the date get retrogress to your priority date and get eligible to file the EAD based on your pending AOS. At the time your return to USA and if the dates are not current to your EB category then you will still get struck here with H1 statu
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Posted in I-765 (EAD) Forum on 17 Nov 2014
Topic: EAD for H4 Visa Holders

Thank you. i will take note on this but let us discuss H4EAD here as this is relevant to the thread. i will wait for your reply to my previous post. Hope you don't agree to personal, derogatory remarks by members like hydrabad, jer3227 calling even my mother and wife. if you don't then i leave your justice to your own wisdom.
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