Country of Charge-ability - Monthly OR Yearly

[clarifythedoubt]

Hi All,
I have a Q? about country of charge-ability.
Generally for China and India, the priority date fluctuates on monthly basis. Some times yearly as well.
But how does country of charge-ability work? It is counted for one whole year OR every month ?
Please advise.

Thanks

[clarifythedoubt]

Can Some one please answer?

[inadmissible]

http://www.uscis.gov/tools/glossary/country-limit

Fiscal year October 1st to September 30th

[clarifythedoubt]

http://www.uscis.gov/tools/glossary/country-limit

Fiscal year October 1st to September 30th

Dear Inadmissable,
Please let me know, Will the country of charge-ability be current next year also. The country of charge-ability is "United Arab Emirates".
I know this is not a definite answer, but just wanted to know your suggestion/opinion?

Thanks

[inadmissible]

That inquiry is specific to the immigrant visa category. You have not specified an IV category.

[clarifythedoubt]

That inquiry is specific to the immigrant visa category. You have not specified an IV category.

EB2, Employee Based.

[clarifythedoubt]

EB2, Employee Based.

please answer

[inadmissible]

EB-2 has been current for years. I do not foresee any reason for that to change in the next 12 months.

Were you born in the Emirates to Emirati parents?

Foreign State of Chargeability is based on birth, with a few exceptions, and not based on residence. INA202(b)

[clarifythedoubt]

EB-2 has been current for years. I do not foresee any reason for that to change in the next 12 months.

Were you born in the Emirates to Emirati parents?

Foreign State of Chargeability is based on birth, with a few exceptions, and not based on residence. INA202(b)

yes, born in UAE for Indian Parents. Most of the forum says i'm eligible?
Any suggestion.

[inadmissible]

You may be chargeable to UAE or to India depending on the specifics of your situation.

The statute Immigration and Nationality Act, Section 202(b) states in pertinent part:

For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that: (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

22 Code of Federal Regulations, Section 42.12 states in pertinent part:

(a) An immigrant shall be charged to the numerical limitation for the foreign state or dependent area of birth, unless the case falls within one of the exceptions to the general rule of chargeability provided by INA 202(b): (e) An alien who was born in a foreign state, as defined in section 40.1, in which neither parent was born, and in which neither parent had a residence at the time of the applicant's birth, may be charged to the foreign state of either parent as provided in INA 202(b)(4). The parents of such an alien are not considered as having acquired a residence within the meaning of INA 202(b)(4), if, at the time of the alien's birth within the foreign state, the parents were visiting temporarily or were stationed there in connection with the business or profession and under orders or instructions of an employer, principal, or superior authority foreign to such foreign state.

The Department of State Foreign Affairs Manual, Volume 9, discusses in Note 5(a):

If the consular officer has determined that, at the time of the child’s birth, the parent or parents were stationed in such country under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to that foreign state, the applicant may be charged to the foreign state of either parent.

The USCIS Policy Manual does not address this issue.

Assuming that neither of your parents were themselves born in the UAE, it comes down to who they worked for at the time of your birth. For example, if your parents were petroleum engineers working for ENOC or ADNOC, you would be chargeable to UAE; if your parents were petroleum engineers working for Shell or BP, you would be chargeable to India.

[clarifythedoubt]

You may be chargeable to UAE or to India depending on the specifics of your situation.

The statute Immigration and Nationality Act, Section 202(b) states in pertinent part:

For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that: (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

22 Code of Federal Regulations, Section 42.12 states in pertinent part:

(a) An immigrant shall be charged to the numerical limitation for the foreign state or dependent area of birth, unless the case falls within one of the exceptions to the general rule of chargeability provided by INA 202(b): (e) An alien who was born in a foreign state, as defined in section 40.1, in which neither parent was born, and in which neither parent had a residence at the time of the applicant's birth, may be charged to the foreign state of either parent as provided in INA 202(b)(4). The parents of such an alien are not considered as having acquired a residence within the meaning of INA 202(b)(4), if, at the time of the alien's birth within the foreign state, the parents were visiting temporarily or were stationed there in connection with the business or profession and under orders or instructions of an employer, principal, or superior authority foreign to such foreign state.

The Department of State Foreign Affairs Manual, Volume 9, discusses in Note 5(a):

If the consular officer has determined that, at the time of the child’s birth, the parent or parents were stationed in such country under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to that foreign state, the applicant may be charged to the foreign state of either parent.

The USCIS Policy Manual does not address this issue.

Assuming that neither of your parents were themselves born in the UAE, it comes down to who they worked for at the time of your birth. For example, if your parents were petroleum engineers working for ENOC or ADNOC, you would be chargeable to UAE; if your parents were petroleum engineers working for Shell or BP, you would be chargeable to India.

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Dad and Mom worked and stationed in UAE, when i was born. Both of them were not born in UAE. They are indian citizens.
They carried different professions. Oh god, i'm so confused. But both worked for goverment organization.
Is that ok?

[inadmissible]

It depends if those organizations were domestic UAE organizations, or they were foreign organizations operating in UAE.

[clarifythedoubt]

It depends if those organizations were domestic UAE organizations, or they were foreign organizations operating in UAE.

Dad worked for Telecommunication Industry - Government Org. called Etisalat.
Mom Worked for Hospital - Government Org.

Pls give me a good news.

Thanks

[inadmissible]

Etisalat is incorporated in Abu Dhabi

Presumably the hospital is a UAE government hospital, and not some facility run by a foreign NGO.

You are chargeable to UAE bro.

[clarifythedoubt]

Etisalat is incorporated in Abu Dhabi

Presumably the hospital is a UAE government hospital, and not some facility run by a foreign NGO.

You are chargeable to UAE bro.

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Oh, What a relief.
Yes the hospital goverment
Just curious, how will they know where is DAD and MOM worked. Please don't tell me, that i have to collect their experience letters ?

Kindly confirm....