nandakumar
05-28 09:47 PM
1. Employment-Based Visa Number Movement and Predictions
Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?
Historical Background
Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.
Current Trends in Visa Usage
Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.
Predictions for Movement and Usage of EB Visa Numbers
Employment-Based, First Preference (EB1)
Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Employment-Based, Second Preference (EB2)
The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.
Employment-Based, Third Preference (EB3)
All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.
Employment-Based, Fourth Preference / Certain Religious Workers
There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.
Visa Numbers for Indian Nationals
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
FY2010 Predictions by Charles Oppenheim of DOS
Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?
Historical Background
Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.
Current Trends in Visa Usage
Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.
Predictions for Movement and Usage of EB Visa Numbers
Employment-Based, First Preference (EB1)
Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Employment-Based, Second Preference (EB2)
The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.
Employment-Based, Third Preference (EB3)
All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.
Employment-Based, Fourth Preference / Certain Religious Workers
There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.
Visa Numbers for Indian Nationals
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
FY2010 Predictions by Charles Oppenheim of DOS
Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
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mbartosik
02-13 04:45 PM
The level of commitment for those that would be plaintiffs, unlike the MI DL case would be a lot more, because USCIS could attempt to adjudicate their cases aggressively. The level of money would be significant. Think $200 per hour, for many man months of work. Without at least $50K in the pot with plenty more available I wouldn't even entertain it.
The level of time commitment is probably equivalent to obtaining 500 letters to the president.
So how about we have a pole.
First question is how much you are willing to contribute?
Are you willing to be a plaintiff with a $10K penalty for withdrawing?
Let's make that last question only open to those who have obtained or will obtain at least a 100 letters, and have already demonstrated willingness to travel to court hearings and depositions (like attending the DC rally and meeting law makers etc.).
I suspect that less than 10 people are qualified to vote to be plaintiffs, based on my commitment criteria and some of them already have GC or will likely have soon.
To put the effort into context both Walking_Dude and myself put a lot of effort into MI DL issue. We needed people with legal standing to sue. The two we had dropped out late, one on the day before filing complaint. I had put at least 40 hours working on this (but being in NY I don't have legal standing).
I've done litigation before, and done some Pro Se (latin on behalf of self - no attorney), believe me the litigation that you are talking of requires considerable time and commitment (unlike the MI DL issue which only required a few hours of the plaintiffs).
It would cut us off from USCIS. Once litigation starts you are burning your bridges. I can see only one practical way to do litigation, that is for an small group with no clear IV affiliation to do it, that instantly eliminates any committed members.
So let's stop talking about this and invest in letters.
The level of time commitment is probably equivalent to obtaining 500 letters to the president.
So how about we have a pole.
First question is how much you are willing to contribute?
Are you willing to be a plaintiff with a $10K penalty for withdrawing?
Let's make that last question only open to those who have obtained or will obtain at least a 100 letters, and have already demonstrated willingness to travel to court hearings and depositions (like attending the DC rally and meeting law makers etc.).
I suspect that less than 10 people are qualified to vote to be plaintiffs, based on my commitment criteria and some of them already have GC or will likely have soon.
To put the effort into context both Walking_Dude and myself put a lot of effort into MI DL issue. We needed people with legal standing to sue. The two we had dropped out late, one on the day before filing complaint. I had put at least 40 hours working on this (but being in NY I don't have legal standing).
I've done litigation before, and done some Pro Se (latin on behalf of self - no attorney), believe me the litigation that you are talking of requires considerable time and commitment (unlike the MI DL issue which only required a few hours of the plaintiffs).
It would cut us off from USCIS. Once litigation starts you are burning your bridges. I can see only one practical way to do litigation, that is for an small group with no clear IV affiliation to do it, that instantly eliminates any committed members.
So let's stop talking about this and invest in letters.
grupak
02-13 02:50 PM
Grupak, I am not suggesting any single country is monopolizing the foreign worker pool. Employment laws in the US are fairly non-discriminatory except the diversity in workplace or "Affarmative Action" component which prefers a minority when two candidates possess the same skills.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
WD's comment was in the context of removing country cap.
I know we all say things in jest. However, the only solution is (1) increase visa numbers and (2) remove/significantly increase country cap. Otherwise the problem still remains, and IV will continue to fight for a fix.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
WD's comment was in the context of removing country cap.
I know we all say things in jest. However, the only solution is (1) increase visa numbers and (2) remove/significantly increase country cap. Otherwise the problem still remains, and IV will continue to fight for a fix.
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StillonH1B
03-27 03:42 PM
I was going through all the posts and I am surprised that there is no mention of Jayaprakash Narayan.
Jayaprakash Narayan(Doctor and ex IAS officer) is founder and President of LokSatta Party. If you are thinking its just another political party then you are completely wrong. Please go to www.loksatta.org to find out more about him and LokSatta party. And there lot of videos about him on Youtube and here is the one of the link to his speeches at Mumbai University
http://www.youtube.com/watch?v=t4xFCdOYTv4
Jayaprakash Narayan(Doctor and ex IAS officer) is founder and President of LokSatta Party. If you are thinking its just another political party then you are completely wrong. Please go to www.loksatta.org to find out more about him and LokSatta party. And there lot of videos about him on Youtube and here is the one of the link to his speeches at Mumbai University
http://www.youtube.com/watch?v=t4xFCdOYTv4
more...
pointlesswait
09-23 01:01 PM
well said sayantan..
This whole idea of linking GC to probable purchasing homes..is insane!
it stops short of black mailing...
The 700Bn or whatever the final number is not entirely a drain.....
the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.
Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.
I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....
No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......
keep the red dots coming folks!
This whole idea of linking GC to probable purchasing homes..is insane!
it stops short of black mailing...
The 700Bn or whatever the final number is not entirely a drain.....
the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.
Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.
I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....
No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......
keep the red dots coming folks!
bestia
02-13 11:44 PM
What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.
....
That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".
Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"
If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?
....
That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".
Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"
If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?
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walking_dude
02-14 01:35 PM
One of the plaintiffs is a Michigan chapter member. Though IV isn't a party in the lawsuit, we have enouraged members to participate on their own. Though 2 of them backed out, 3rd one did decide to participate.
We had formed a group on MI DL issue - Mark and me. We have been working on this issue in different ways, contacting attorneys, state lawmaker offices, other organizations and so on. IV has provided us all necessary support. But, most of the work was done by Mark & me.
Same should happen here. Some leaders need to come forward and take the initiative to organize. Come out in public, contact other members, collect money, find plaintiffs, talk to attorney and own the initative. IV can provide necessary background help.
Will some leaders step forward?
Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
We had formed a group on MI DL issue - Mark and me. We have been working on this issue in different ways, contacting attorneys, state lawmaker offices, other organizations and so on. IV has provided us all necessary support. But, most of the work was done by Mark & me.
Same should happen here. Some leaders need to come forward and take the initiative to organize. Come out in public, contact other members, collect money, find plaintiffs, talk to attorney and own the initative. IV can provide necessary background help.
Will some leaders step forward?
Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
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ujjwal_p
05-11 09:15 PM
Thanks for being the self-designated, unpaid spokesperson for "we indians" and keeping track of accountable indians :)
Nice one. I'll take that dig.
Nice one. I'll take that dig.
more...
return_to_india
05-12 10:10 PM
I have seen lot of Tamil folks in Kerala ( mainly migrated for construction work ). THose who came earlier speak good Malayalam.
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Michael chertoff
01-13 05:56 PM
Ahh my friend Ron if you are trying to get me to feel bad with your statement i guess no one cares for u.... then all i can say is Better Luck Next Time
I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
If people do not agree with me that is also ok since that is their right
If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)
And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself
Peace ...
My friend ..I care for you.
MC
I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
If people do not agree with me that is also ok since that is their right
If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)
And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself
Peace ...
My friend ..I care for you.
MC
more...
Sideliner
09-23 01:41 PM
..On the other hand though, those on the other side will think that this proves their point --- they are losing jobs and money -- immigrants are taking it. They are losing houses and properties --- immigrants are taking it. They will put the blame on us.
This is a very good point, while considering the good press you MAY get, also think about how many Lou's shows can use the same material to spread more hatred.
This is a very good point, while considering the good press you MAY get, also think about how many Lou's shows can use the same material to spread more hatred.
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kumjay
06-27 04:20 PM
Last one was good one from arihant.
Lets move dates back to.......hmmm....when Columbus discovered America. Guys....Was Columbus on H1-B? Then he changed his status to Green Card....Gosh....dates were current when Columbus landed.....
Lets move dates back to.......hmmm....when Columbus discovered America. Guys....Was Columbus on H1-B? Then he changed his status to Green Card....Gosh....dates were current when Columbus landed.....
more...
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srikanth
07-11 06:23 PM
Hi congrats and good luck !!!
but, remember Once an American Always an American !!!
Live free or Die !!!
Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.
and remember Canada does not yet has a professional football team, go patriots !!!
but, remember Once an American Always an American !!!
Live free or Die !!!
Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.
and remember Canada does not yet has a professional football team, go patriots !!!
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BharatPremi
09-24 06:35 PM
How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)
Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
more...
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TeddyKoochu
09-24 12:32 PM
Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.
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gcny2006
05-28 11:58 PM
Can someone tell me if this is right?
- Total number of EB-2 visas = 40,000
- 7% of 40,000 are allocated for India = 2,800
- Number of EB-2 I I-485 apps pending = 30,000
So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.
WRONG
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
- Number of EB-2 I I-485 apps pending = 60,000
so with no trickle it will be 20+ years
- Total number of EB-2 visas = 40,000
- 7% of 40,000 are allocated for India = 2,800
- Number of EB-2 I I-485 apps pending = 30,000
So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.
WRONG
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
- Number of EB-2 I I-485 apps pending = 60,000
so with no trickle it will be 20+ years
more...
makeup tagged Dragon Ball GT Goku
saileshdude
05-29 01:03 PM
Not just limited to Cognizant and some Big 3s(or 2s now).
Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.
Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.
I agree. These so called extraordinary EB1 clowns need to get a taste of waiting and suffering period that many others here. I have no problem with a qualified EB1 candidate getting it but EB1 are for extraordinary ability people who really deserve it.
IT project managers are not the deserving candidate.
Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.
Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.
I agree. These so called extraordinary EB1 clowns need to get a taste of waiting and suffering period that many others here. I have no problem with a qualified EB1 candidate getting it but EB1 are for extraordinary ability people who really deserve it.
IT project managers are not the deserving candidate.
girlfriend hair Super Saiyan 4 Goku
santa123
07-25 01:34 PM
A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.
Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
;)
Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
;)
hairstyles In 1996, the year Dragon Ball
dilber
07-15 07:25 PM
For first quarter EB2 India will have 1/4 of 9,800(7% of 140k visas), which are 2,450 visas. I wonder
how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.
Vdlrao:
First of let me congratulate you. You have been amazingly accurate time and time again about the movement. Do you have some internal sources:rolleyes:
Jokes aside I think you miss calculated the 2450 visas for the first quarter for the EB2 India. I think the 7% country limit is on a state as a whole including EB1, EB2, EB3, and others. So going by this India gets 9800 visas for a year without any spillovers. The spillovers happen in the final quarter only so for each of the first 3 quarters EB2 will get 28 percent of one fourth of 9800 and the same amount will go to EB1 and EB3 as well. so EB2 I gets 686 visas. But I agree with you that in the last quarter EB2 I will move very fast because it will get all the spillovers from EB1 and EB2 ROW..
how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.
Vdlrao:
First of let me congratulate you. You have been amazingly accurate time and time again about the movement. Do you have some internal sources:rolleyes:
Jokes aside I think you miss calculated the 2450 visas for the first quarter for the EB2 India. I think the 7% country limit is on a state as a whole including EB1, EB2, EB3, and others. So going by this India gets 9800 visas for a year without any spillovers. The spillovers happen in the final quarter only so for each of the first 3 quarters EB2 will get 28 percent of one fourth of 9800 and the same amount will go to EB1 and EB3 as well. so EB2 I gets 686 visas. But I agree with you that in the last quarter EB2 I will move very fast because it will get all the spillovers from EB1 and EB2 ROW..
phenyle
07-28 06:23 PM
Hi,
Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.
Please advice what i could do to find out why my processing has been delayed.
Thanks,
ashish
Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.
Please advice what i could do to find out why my processing has been delayed.
Thanks,
ashish
ita
04-16 12:51 PM
I know on a humorous note I was thinking people who are married are worried about their family problems.People who are not married are worried about when they will get married.Don't know who has time to worry about some politicians marriage on top of that during elections time.
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???