gc_maine2
12-28 03:32 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
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logiclife
03-21 11:32 AM
We need to talk in a single voice...can you prepare state chapters's talking points..plz..other materials that people use to effectively utilize the limited time with the senators..
Great Effort!
You dont need to prep talking points etc. we have everything ready for you.
If you would like to meet with your lawmakers during this recess, then please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and simply put �Need Meeting Info� in the subject line of Email. They will send you all the information that you need on seeking the appointment, taking the right material with you, making a good case for reform and doing the follow-ups if necessary.
Great Effort!
You dont need to prep talking points etc. we have everything ready for you.
If you would like to meet with your lawmakers during this recess, then please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and simply put �Need Meeting Info� in the subject line of Email. They will send you all the information that you need on seeking the appointment, taking the right material with you, making a good case for reform and doing the follow-ups if necessary.
matreen
08-15 04:35 PM
In the letter from the new employer include the following (start date, title, job description, salary and position type):
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
Is there a way you can get me a sample letter from employer?
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
Is there a way you can get me a sample letter from employer?
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InTheMoment
11-06 04:22 PM
That was a good account for those who haven't been to an Infopass. The procedure is near about the same where I usually go too.
I think that the AP info that you got is good...but the serendiptious (!) info of your and your family's NameCheck status bears good info/benefit in the longer term.
As for the 4 months thing, she is right if we go by FBI stat papers and testimonies given over the past few years; but what I find most interesting is that 7 out of the 8 people who I personally know, and who filed with me in June still have their NC pending as of this week. That does not include me whose NC is pending for past 4.5 months (since my info was sent to FBI!).
So the dataset is small but challenging. I am sure there are many like me. Wonder why I find many whose NC is pending in the 4-6 month range and very few (of the 68% - per FBI) whose have got it cleared in the so called 48-72 hours (after the info is sent to FBI) ! :confused:
I think that the AP info that you got is good...but the serendiptious (!) info of your and your family's NameCheck status bears good info/benefit in the longer term.
As for the 4 months thing, she is right if we go by FBI stat papers and testimonies given over the past few years; but what I find most interesting is that 7 out of the 8 people who I personally know, and who filed with me in June still have their NC pending as of this week. That does not include me whose NC is pending for past 4.5 months (since my info was sent to FBI!).
So the dataset is small but challenging. I am sure there are many like me. Wonder why I find many whose NC is pending in the 4-6 month range and very few (of the 68% - per FBI) whose have got it cleared in the so called 48-72 hours (after the info is sent to FBI) ! :confused:
more...
msp1976
12-20 05:17 PM
Hello IV and its core members,
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
ksircar
07-28 03:54 PM
Ignore it. Even I had the same problem. Goahead and certify.
I can not certify the form. Even if I certify it comes back with error and tells me to enter middle initial. Tried couple of times, but without any success.
Dos anyone has any idea?
Thanks.
I can not certify the form. Even if I certify it comes back with error and tells me to enter middle initial. Tried couple of times, but without any success.
Dos anyone has any idea?
Thanks.
more...
waiting4gc
07-02 03:39 PM
About 8K, filed initially in EB2RIR, then in perm.
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pbojja
10-21 03:28 PM
Despite of my request on RED dots and interpretation issues,
Some one gave me a RED dot for this posting. It is as follows
1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))
Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.
We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.
We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).
Core member do some thing.
This is a great website and you can really find very good advices related to immigration issues ..How ever there will be people who interpret the questions differently and react differently ..That does not mean they represent IV .
I m not defending any one but When it comes to your question ..its more like a personal question than a immigration question ..I choose not to reply when I see these questions ..some of them react postively and some of them negatively ..some may think you are playing here and give a red or nasty comment ...
Some one gave me a RED dot for this posting. It is as follows
1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))
Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.
We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.
We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).
Core member do some thing.
This is a great website and you can really find very good advices related to immigration issues ..How ever there will be people who interpret the questions differently and react differently ..That does not mean they represent IV .
I m not defending any one but When it comes to your question ..its more like a personal question than a immigration question ..I choose not to reply when I see these questions ..some of them react postively and some of them negatively ..some may think you are playing here and give a red or nasty comment ...
more...
sina
12-20 12:57 PM
If someone has already spent 6 years on H1B can he/she convert to H4 status?
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jonty_11
07-06 06:20 PM
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
tommorow what time (provide Time Zone also)
tommorow what time (provide Time Zone also)
more...
sujan_vatrapu
10-28 04:03 PM
Sujan vatarapu you are a baby here. you just believe what ever supereme court says! it is influenced by politicians, and the so called minority community in India. So if you dont know dont argue. I never said anything -ve about athiest, I said they are denying themselves by claiming as an atheist. that is about it. When you point a finger three of your own fingers are pointing towards you Please understand that.
exactly and it applies more to you because if someone does not agree with your opinion thats what you do, wherz the proof that supreme court is influenced by minorities? you are totally out of touch with reality and u probably are struck with 70s/80s mentality, no point in arguing with you,
exactly and it applies more to you because if someone does not agree with your opinion thats what you do, wherz the proof that supreme court is influenced by minorities? you are totally out of touch with reality and u probably are struck with 70s/80s mentality, no point in arguing with you,
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mheggade
12-27 03:53 PM
Everyone of those people using AC21 will come from an existing job. They will typically go to a higher paying job. Every one of those jobs vacated will have to be sought on the open market, where they'll have market rates of today vs three years ago.
So my glass is half full. :D
yes..agreed. But you are forgeting all the new EAD's (H4's) who will be part of the mix.
So my glass is half full. :D
yes..agreed. But you are forgeting all the new EAD's (H4's) who will be part of the mix.
more...
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Sakthisagar
10-27 12:21 PM
Whatever you say man. i am with you. your are a genius.
MC
Only One Genius can recognise the Other :-):):D
MC
Only One Genius can recognise the Other :-):):D
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neverbefore
07-14 11:38 AM
Your spouse applied for H4/H1? Which one?
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
more...
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Green.Tech
06-27 03:10 PM
hey guys the main problem with digital cameras was that the images from them could be pixelated whn using a lower megapixel camera and/or printing from one of those home photo printers.
i think as long as u dont have pixelation, u will be fine no matter how u print/ get those photos.
i would say use at least a 4 megapixel camera without any flash
What about a 3.2 MP :)
Why shouldn't we use the flash?
i think as long as u dont have pixelation, u will be fine no matter how u print/ get those photos.
i would say use at least a 4 megapixel camera without any flash
What about a 3.2 MP :)
Why shouldn't we use the flash?
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rameshraju11
11-25 05:54 PM
Pappu and Forum Admin,
1. I would recommend you to discuss with USCIS on EB1 Application Fraud for MNC( Consulting Service Compnaies) Managers by their Employers. This is one issue we should be more careful. Brought up this issue with USCIS and Recommend more scrutiny on these kind of applications since a lot of fraud in this area and by passing the whole process and harming every genuine applicant.
2. Remind USCIS about the quarterly spill over according to the Law
Thanks
1. I would recommend you to discuss with USCIS on EB1 Application Fraud for MNC( Consulting Service Compnaies) Managers by their Employers. This is one issue we should be more careful. Brought up this issue with USCIS and Recommend more scrutiny on these kind of applications since a lot of fraud in this area and by passing the whole process and harming every genuine applicant.
2. Remind USCIS about the quarterly spill over according to the Law
Thanks
more...
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go_guy123
03-12 02:20 AM
No H1B works on 1099.
Also how uscis can crack down on %age system.
Once H1Bs enter US, its hard to track and crack down on a % age system. So they are trying to crack down at the visa stamping stage.
Also how uscis can crack down on %age system.
Once H1Bs enter US, its hard to track and crack down on a % age system. So they are trying to crack down at the visa stamping stage.
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Better_Days
04-29 01:27 PM
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
Disclaimer: I am just someone who once seriously considered getting a degree in Strategic Studies. I am not from India. If you don't like what I have to say or feel that it is not my *place* to say it, just ignore me. I will not get engaged in an online wrestling match to demonstrate my "e-toughness".
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
Disclaimer: I am just someone who once seriously considered getting a degree in Strategic Studies. I am not from India. If you don't like what I have to say or feel that it is not my *place* to say it, just ignore me. I will not get engaged in an online wrestling match to demonstrate my "e-toughness".
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
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gondalguru
07-19 01:12 PM
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Congratulations.
Congratulations.
pete
12-13 04:12 PM
What makes you this guys advocate?
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
emulux
12-29 01:38 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.