
andy garcia
10-01 11:28 AM
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
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diptam
08-13 02:24 PM
Thanks - I'll write a mail to the HR head to release 7001 on my request and will mention that they don't have to take responsibility. Enough is enough - i got another 2 yr H extension in July 08 so i should be good,anyway.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.

hopefulgc
07-11 01:24 PM
If they are rolling a dice.. it sure reads 1, 2, 3, 4, 5, and then 900 dots on the last face.
This bulletin rulz for giving a lot of people here (including me) false hopes.
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
This bulletin rulz for giving a lot of people here (including me) false hopes.
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
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ngaheer
09-09 04:52 PM
Here is a small contribution of $100.00 towards the rally. Go IV.
Transaction ID: 3C843613FY738681B
Transaction ID: 3C843613FY738681B
more...

Edison99
10-22 09:52 AM
Thanks for nice info!
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.

ragz4u
03-08 01:05 PM
Try again, I was able to get connected again.
The hearings have still not started, just background noise of a lot of folks in the room.
The hearings have still not started, just background noise of a lot of folks in the room.
more...

vdlrao
06-10 12:32 PM
As EB1 is Cureent, presume processing applications up date, EB3 is Unavailable, means no work to do for USCIS people as far as EB3 Adjudicate cases, leave EB4, EB5 categories aside which dont have many applications to process. Then the only category left for working with is EB2 and that also having ROW being current, the adjuticate applications left for processing with available visa numbers are EB2 India for time being. So this means for the next few months including this June 2008 there might be many approvals in EB2 India category, as because theres no considerable work in EB category for USCIS people except EB2 India Adjudication. So presumably all the available visa numbers will be processed effectively in the EB2 category for the fical year.
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lelica32
09-26 05:17 PM
I'v send a letter today. Let see if the Ombudsman will send me a answer.
more...

vxg
09-11 03:47 PM
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.[/QUOTE]
And than they will again approve 2006-2007 cases instead of 2003 what a joke. The cycle continues and folks with 2003-2004 PD continue to wait.
My 2 cents.[/QUOTE]
And than they will again approve 2006-2007 cases instead of 2003 what a joke. The cycle continues and folks with 2003-2004 PD continue to wait.
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loudobbs
09-09 11:39 PM
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
more...

arunmohan
07-15 08:56 PM
Donated 25 USD.
5$ is nothing, Each member should donate each month.
But we need a push for EB3-I.
5$ is nothing, Each member should donate each month.
But we need a push for EB3-I.
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Libra
09-28 10:03 PM
hey dont worry abt application, i'll send you GC in mail.
Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D
Regards,
IK
Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D
Regards,
IK
more...
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drona
07-21 06:45 PM
Southern California members, please join So Cal IV yahoo group here:
http://groups.yahoo.com/group/SC_Immigration_Voice/
Let's get members together and discuss future action items for So Cal.
You will need to request membership from the group. Please mention
the name you use on IV in your membership request.
Thanks.
http://groups.yahoo.com/group/SC_Immigration_Voice/
Let's get members together and discuss future action items for So Cal.
You will need to request membership from the group. Please mention
the name you use on IV in your membership request.
Thanks.
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amitjoey
07-13 04:45 PM
Please add little personal details, Post it with a stamp, no need for certified copy. Add your name, address and contact no, in a letter format. so you can get a response.
more...
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santb1975
05-22 06:13 PM
That is our second contribution for the day
I have made a one time contribution of $100.
Receipt ID: 97J49355KG857603M
Thanks
I have made a one time contribution of $100.
Receipt ID: 97J49355KG857603M
Thanks
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raysaikat
01-06 09:23 PM
Univs take business decisions. Enrollment generates revenue through tuition. Some states also pay State Schools for each registered credit.
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
I couldn't agree more!
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
I couldn't agree more!
more...
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vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
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Libra
09-12 12:54 PM
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minimalist
09-10 12:27 PM
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
You see in the real world everything moved 1 year ahead from October 2007 to October 2008. So in USCIS world also it moved by 1year.
You see in the real world everything moved 1 year ahead from October 2007 to October 2008. So in USCIS world also it moved by 1year.
pappu
06-10 01:02 PM
Just to summarize what's going to happen with VB in final Quarter.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
gcpain
04-25 04:17 PM
The priority date based on the person first entering/start wrking for US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one. This is good idea and fair deal to everyone which in turn follows FIFO method.
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