trueguy
09-24 12:49 PM
If DOS continues with this interpretation of spillover then there is a very small (tiny) window coming up in third quarter of FY 2010 (Apr'2010) where we might see some spillover to EB3. Here is how:
Currently there are total 4050 (EB1) + 74932 (EB2) = 78982. These are mostly pre-adjudicated and waiting for VISA numbers.
Total allocation for new FY is 140K out of which 40K (28.6%) will go to EB3. So EB1 and EB2 will have 100K left but their total demand is only 78982. So these 21K numbers will be left which will be used for new applications recieved under EB2 category.
When PD for EB2-I/C moves forward, there will be more applications coming in because many EB2-I/C people have their labor approved and they are waiting to file their I-485. However, when these new applications comes in, they are NOT processed yet and their background check is not clear yet. So even if visa numbers are available for them, they are not ready to be approved.
So at this time we poor EB3 people can hope some mercy from DOS and we hope that DOS might spill those remaining 21K numbers to EB3 so we don't waste any numbers while USCIS is adjudicating those newly recd applications under EB2.
If this 21K spillover happens then we EB3-I have to hope for another mercy from DOS that they give these 21K spillover numbers strictly based on Priority dates in EB3 and not based on EB3-ROW first and then EB3-C and then EB3-M/P and then EB3-I. We expect DOS to give these spillover based on PD and not based on country of chargeability. If that happens then all these numbers will go to EB3-I and we might see it moving to 2003.
And this is a fair expectation from DOS that they give spillover numbers based on PD because that is what they are doing in EB2-. When EB2-ROW numbers goes to EB2-I and EB2-C they go based on PD and hence EB2-I gets most of the numbers.
My two cents. Please post your comments on my theory.
If we all EB3 agrees to above theory then we should seek help from IV to make sure that spillover to EB3 happens based on PD whenever it happens.
Thanks.
Currently there are total 4050 (EB1) + 74932 (EB2) = 78982. These are mostly pre-adjudicated and waiting for VISA numbers.
Total allocation for new FY is 140K out of which 40K (28.6%) will go to EB3. So EB1 and EB2 will have 100K left but their total demand is only 78982. So these 21K numbers will be left which will be used for new applications recieved under EB2 category.
When PD for EB2-I/C moves forward, there will be more applications coming in because many EB2-I/C people have their labor approved and they are waiting to file their I-485. However, when these new applications comes in, they are NOT processed yet and their background check is not clear yet. So even if visa numbers are available for them, they are not ready to be approved.
So at this time we poor EB3 people can hope some mercy from DOS and we hope that DOS might spill those remaining 21K numbers to EB3 so we don't waste any numbers while USCIS is adjudicating those newly recd applications under EB2.
If this 21K spillover happens then we EB3-I have to hope for another mercy from DOS that they give these 21K spillover numbers strictly based on Priority dates in EB3 and not based on EB3-ROW first and then EB3-C and then EB3-M/P and then EB3-I. We expect DOS to give these spillover based on PD and not based on country of chargeability. If that happens then all these numbers will go to EB3-I and we might see it moving to 2003.
And this is a fair expectation from DOS that they give spillover numbers based on PD because that is what they are doing in EB2-. When EB2-ROW numbers goes to EB2-I and EB2-C they go based on PD and hence EB2-I gets most of the numbers.
My two cents. Please post your comments on my theory.
If we all EB3 agrees to above theory then we should seek help from IV to make sure that spillover to EB3 happens based on PD whenever it happens.
Thanks.
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StarSun
03-09 09:24 AM
Success of the advocacy depends on how as a grassroots organization we present our issues to the lawmakers - for that we need people - we needs you.
Register NOW (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)
Register NOW (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)
sanan
05-16 01:53 PM
I would say 90 % in the same boat :p No sweat. They will do an immunization test. You could even get the vaccinations taken
I am sure some of us do not have vaccination records, but have gone thru vaccinations back in India....The record keeping is a recent phenomenon...any body in the same boat and have gone thru same phase
I am sure some of us do not have vaccination records, but have gone thru vaccinations back in India....The record keeping is a recent phenomenon...any body in the same boat and have gone thru same phase
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akhilmahajan
08-14 03:15 PM
Has anybody been able to find TSC Expedite FAX NUMBER for EAD applications.
GO IV GO.
GO IV GO.
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kabphx
05-03 07:33 PM
:(
Officially, the launch of the PERM labor certification application centralization at the Atlanta National Processing Center will not be completed until June 1, 2008
This is great news .. "Audited PERM case = Old Labor filing system"
:(
About my case
Atlanta Processing Center
Category : EB2
Priority Date: 18 Oct 2007
Audit date : 20 Nov 2007
Audit Reply Date : 17th Dec 2007
Anyways there is not much advantage even if i had Labor certification.
No Premium Processing for I-140
Forget about I485 opening up anytime soon...
Have about 1 year left on H1B and can't even think about leaving current job for a better one. Just stuck for a sinking boat ride.. The only other option is jump off the boat and back to sweet old home...
lets see how it goes..
Officially, the launch of the PERM labor certification application centralization at the Atlanta National Processing Center will not be completed until June 1, 2008
This is great news .. "Audited PERM case = Old Labor filing system"
:(
About my case
Atlanta Processing Center
Category : EB2
Priority Date: 18 Oct 2007
Audit date : 20 Nov 2007
Audit Reply Date : 17th Dec 2007
Anyways there is not much advantage even if i had Labor certification.
No Premium Processing for I-140
Forget about I485 opening up anytime soon...
Have about 1 year left on H1B and can't even think about leaving current job for a better one. Just stuck for a sinking boat ride.. The only other option is jump off the boat and back to sweet old home...
lets see how it goes..
hebron
07-14 04:00 PM
Sure ,, I am totally fed up I am in this country from 2000.
"...so far.I haven't contributed....I am ready to contribute...if IV is going to show some interest on EB3.
IV may not be ditching EB3, but I cannot understand why IV is quiet about the new bill that that is introduced in the house and is referred to the judiciary committee. This bill may be a political drama, but there is no reason why we should not create awareness. I personally think if this gets media attention, this will do good than harm. Especially since the AZ immigration, DOJ lawsuit etc.. are in the news these days. This bill is for legal immigration and we should support it to the best we can.
See this thread..
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1598791-new-employment-based-visa-bill-introduced-3.html#post1969287
"...so far.I haven't contributed....I am ready to contribute...if IV is going to show some interest on EB3.
IV may not be ditching EB3, but I cannot understand why IV is quiet about the new bill that that is introduced in the house and is referred to the judiciary committee. This bill may be a political drama, but there is no reason why we should not create awareness. I personally think if this gets media attention, this will do good than harm. Especially since the AZ immigration, DOJ lawsuit etc.. are in the news these days. This bill is for legal immigration and we should support it to the best we can.
See this thread..
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1598791-new-employment-based-visa-bill-introduced-3.html#post1969287
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newuser
05-15 02:27 PM
Called all of the them. Its looks like they are getting many calls from IV'ians. Good to know that.
Also called my local congressman to seek the support
Go IV
Also called my local congressman to seek the support
Go IV
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BharatPremi
10-15 08:32 PM
Thanks for the update! How about having two cases; a second LC under EB2. In that case can both prevail together (and EB2 and EB3)?
MANY attorneys STRONGLY ADVISE not to file MULTIPLE 485/CP simultaneously.
MANY attorneys STRONGLY ADVISE not to file MULTIPLE 485/CP simultaneously.
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chintu25
01-13 02:38 PM
Chintuji,
How do you analyze it?
I run a few filters (scans ) each night and also watch pre in the morning
How do you analyze it?
I run a few filters (scans ) each night and also watch pre in the morning
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IneedAllGreen
03-01 01:38 PM
USCIS website allows only attorney or employer to track PERM cases online. There is a way if your attorney or employer make sub-account and give you access to track your PERM application. Trust your employer and ask them to track your case for you. They did same thing for me because they created employer account for themself to track several peoples PERM Cases.
Go to this site for more information http://www.foreignlaborcert.doleta.gov/
Hope this help.
IneedAllGreen
Go to this site for more information http://www.foreignlaborcert.doleta.gov/
Hope this help.
IneedAllGreen
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Lucky7
06-14 06:34 AM
Now that all dates are current and it is CLEAR that the Immi-system if fed enough money will give you what you want,i think Immigrant voice should start campaigning for Premium Processing in 485 stage.
Offer $5,000 per application to get answer within 90 days guranteed and i bet you they will put this into effect by next year.
As far as the unfairness issue,i am just glad that at least we will be able to change employers after 6 months and have AP.
By the way i waited 6 yrs in DBEC hell for LC approval so i know what stress those poor souls still trapped their feel like seeing this and wondering if they will get LC approval on time.
Offer $5,000 per application to get answer within 90 days guranteed and i bet you they will put this into effect by next year.
As far as the unfairness issue,i am just glad that at least we will be able to change employers after 6 months and have AP.
By the way i waited 6 yrs in DBEC hell for LC approval so i know what stress those poor souls still trapped their feel like seeing this and wondering if they will get LC approval on time.
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rahulpaper
06-29 06:57 PM
some assumptions and calculations with answer = 750k . You are right to get this 750K approved it will take 5 years.. ...one more thing to consider is country level limitations. and EB1/2/3 limitations...ROW and China may already be catching up (may not even need 5 years)...India will need 50 years not 5 years to catch up.
My 2 cents..
Every one is here is emotional, after seeing the beautiful collective work of USCIS/DOS/DOL/AILA ect.. Now AILA is jumping high between sky and earth and due to the mismanagement of system. Everyone knows both USCIS/DOS is mismanaging the process. However, What AILA was doing when DOS issued the visa bulletin 15 days back? Do you thing, AILA did not know the estimate of number of 485s going to be filed in the month of July? Why did not they call USCIS and DOS about the implication of making all categories current? Why did they not advised their client that there is a mistake in VB, it is not possible it will become current in just one month? All of sudden, why they are jumping and collects all the money from customers to file 485?
Here is my estimate how many 485s is going to be filed in July.
BEC has almost cleared all the backlogs. The rough estimate about 200,000 LC might have been certified by BEC. Let�s assume about 150K out of 200K candidates held back due to retrogression from 2004 to 2007. Let us assume 150 K PERM LC certified between March 2005 and June 2007 affected by retrogression. Therefore about 300K (primary) people will go for 485 in July. If we add dependents it will be another 450K. Therefore about 750K 485s+ 750K AP + 600K EAD applications will be filed in the month of july.
If 750K 485s filled in one month, we need about 5 years sum of EB visa numbers. It needs 5 years to issue the visa. There should be 750,000 EB visas should be immediately available as on July, to make all EB categories current. There are only 40,000 visas available as of June. Does AILA do not aware of this simple estimation?
There are 40,000 eligible/approvable 485 are currently pending with USCIS. The composition of PD and country of chargeability may vary between 2001 and 2007. In order to issue 40,000 remaining visas to already pending 485s they made all categories current, otherwise it will get wasted. In order to approve a 485 the PD should be current. That�s why they made it current. It is not for accepting 750,000 485s, when available number is just 40,000. AILA should have aware of it and advised the USCIS/DOS and customers properly
My 2 cents..
Every one is here is emotional, after seeing the beautiful collective work of USCIS/DOS/DOL/AILA ect.. Now AILA is jumping high between sky and earth and due to the mismanagement of system. Everyone knows both USCIS/DOS is mismanaging the process. However, What AILA was doing when DOS issued the visa bulletin 15 days back? Do you thing, AILA did not know the estimate of number of 485s going to be filed in the month of July? Why did not they call USCIS and DOS about the implication of making all categories current? Why did they not advised their client that there is a mistake in VB, it is not possible it will become current in just one month? All of sudden, why they are jumping and collects all the money from customers to file 485?
Here is my estimate how many 485s is going to be filed in July.
BEC has almost cleared all the backlogs. The rough estimate about 200,000 LC might have been certified by BEC. Let�s assume about 150K out of 200K candidates held back due to retrogression from 2004 to 2007. Let us assume 150 K PERM LC certified between March 2005 and June 2007 affected by retrogression. Therefore about 300K (primary) people will go for 485 in July. If we add dependents it will be another 450K. Therefore about 750K 485s+ 750K AP + 600K EAD applications will be filed in the month of july.
If 750K 485s filled in one month, we need about 5 years sum of EB visa numbers. It needs 5 years to issue the visa. There should be 750,000 EB visas should be immediately available as on July, to make all EB categories current. There are only 40,000 visas available as of June. Does AILA do not aware of this simple estimation?
There are 40,000 eligible/approvable 485 are currently pending with USCIS. The composition of PD and country of chargeability may vary between 2001 and 2007. In order to issue 40,000 remaining visas to already pending 485s they made all categories current, otherwise it will get wasted. In order to approve a 485 the PD should be current. That�s why they made it current. It is not for accepting 750,000 485s, when available number is just 40,000. AILA should have aware of it and advised the USCIS/DOS and customers properly
more...
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sroyc
10-12 07:38 PM
It looks like you are aware of some USCIS internal policy that is not known to all. I used to think that the policy was based on the per country quota for each category. Maybe you can enlighten us all. What is the acceptable gap in PDs between EB2 and EB3 for AOS approvals? In your example it seems to be less than 4 years. Can someone with a PD of 2005 (EB2) get approved before another person with a PD of 2001 (EB3). Since you seem to understand the policy so well, could you please explain it in detail with specifics?
First of all you did not have to bring EB1 in the discussion. I do not understand where did you feel challenged so have to come up with biting tone. FIFO is category base... You are bringing nothing new. Kid waiting in India for his first flight to USA know that. You have to have a eye to see the big picture. If you analyze the whole design and take the perspective country based... You will find that retrogression policy in addition to FIFO's ultimate effect is - for an example-EB2-India: 2006 PD would not be able to get his GC before EB3-2002. But somebody must not be mentally challenged to derive that. It is not long wait. From next bulletin you will start seeing pattern.
First of all you did not have to bring EB1 in the discussion. I do not understand where did you feel challenged so have to come up with biting tone. FIFO is category base... You are bringing nothing new. Kid waiting in India for his first flight to USA know that. You have to have a eye to see the big picture. If you analyze the whole design and take the perspective country based... You will find that retrogression policy in addition to FIFO's ultimate effect is - for an example-EB2-India: 2006 PD would not be able to get his GC before EB3-2002. But somebody must not be mentally challenged to derive that. It is not long wait. From next bulletin you will start seeing pattern.
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gsc999
06-29 01:01 PM
I am having hard time procuring a Non-availability of Birth record certificate(NAC) from my home city of Delhi. Is there a way around this? I do have affidavits from my parents.
This NAC is holding up my application. Can we submit the document that you get in 10th grade with date of birth instead of the NAC. The NAC process takes a month or so, Police check...local magistrate orders the local municipal corporation et al.
Any suggestion will be greatly appreciates. Sorry if this post is in the wrong thread.
This NAC is holding up my application. Can we submit the document that you get in 10th grade with date of birth instead of the NAC. The NAC process takes a month or so, Police check...local magistrate orders the local municipal corporation et al.
Any suggestion will be greatly appreciates. Sorry if this post is in the wrong thread.
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kittu1991
04-08 03:24 PM
I thought visa numbers are available equally per quarter and DOS is prevented from releasing numbers early. How can they say that all the visa numbers have been used (or will be used by April end)?
Q1: Oct-Dec
Q2: Jan-Mar
Q3: Apr-Jun
Q4: Jul-Sep
I think July visa bulletin would bring some good news when numbers for the last quarter along with the spill-over (if any), are released. If USICS is not as efficient we may even see some good advancement. Don't loose hope guys!!
Hope you are right!
Q1: Oct-Dec
Q2: Jan-Mar
Q3: Apr-Jun
Q4: Jul-Sep
I think July visa bulletin would bring some good news when numbers for the last quarter along with the spill-over (if any), are released. If USICS is not as efficient we may even see some good advancement. Don't loose hope guys!!
Hope you are right!
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BharatPremi
09-25 05:44 PM
No. It was changed in the middle of 2008. The DOS consulted with the Congress on this and came to the conclusion that there should be horizontal spillover before vertical. I don't want to go into whether this was right or wrong, fair or not. This is the current policy.
You can see ample evidence in the annual visa allocation once you compare 2005/2006/2007/2008 allocations. EB3-ROW and EB3-ICMP benefited till 2007 because of vertical spillover and EB2-I & EB2-C have been the beneficiaries of the horizontal spillover policy since 2008.
Thanks. I also do not want to drag us into that direction. Just for the sake of my satisfaction, may I ask to you or anybody here to put any link/doc for any memo or other USCIS doc which states this?
You can see ample evidence in the annual visa allocation once you compare 2005/2006/2007/2008 allocations. EB3-ROW and EB3-ICMP benefited till 2007 because of vertical spillover and EB2-I & EB2-C have been the beneficiaries of the horizontal spillover policy since 2008.
Thanks. I also do not want to drag us into that direction. Just for the sake of my satisfaction, may I ask to you or anybody here to put any link/doc for any memo or other USCIS doc which states this?
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ArunAntonio
01-19 01:52 PM
I had been meaning to do this for a few days now but got stuck with stuff.. I wanted to thank the Core team for keeping up the drive of this effort. Please be assured there is a lot of support behind you.
- Good Luck
- Good Luck
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Amma
11-22 04:41 PM
you may fill in your Indian residential address.
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neelu
12-13 03:34 PM
we send emails to members as a newsletter and will include this as action item. However we do not want to spam our members every now and then. we also want our members to update their details at this time so that we can reach out to them. only few members actually updated their information till now.
Thank you, Pappu.
Thank you, Pappu.
little_willy
05-14 05:21 PM
I got 3-year H-1B extension till 09/2010 based on approved I-140 from current employer. Similarly, my wife's H4 status is approved till 09/2010. My wife filed for a new H-1B and her change of status from H-4 to H-1B is still pending (she has a receipt number and got selected in the lottery). Assuming her H-1B approval comes through, the start date will be from 10/01/2007. So far good.
Now, I found a new job and the employer is willing to do the H-1B transfer. My wife's H4 needs extension too. What will happen if her H4 extension comes till 09/2010 with a pending H-1B? What will happen if her H-1B comes before H4 extn?
Is it possible to extend her H4 only till 09/30/2007?
Please help, I need to inform my new employer by noon tomorrow whether I accept the job or not. My PD is June 6, 2003 in EB3 category. I missed out by 5 days. The bulletin confused me further whether to move or stay put in my current job hoping my PD will become current in the next bulletin.
Moderator - Since this is an urgent case, I would appreciate if you could allow this to be a separate thread. I did not want this to be buried under some other topic. Thanks.
Now, I found a new job and the employer is willing to do the H-1B transfer. My wife's H4 needs extension too. What will happen if her H4 extension comes till 09/2010 with a pending H-1B? What will happen if her H-1B comes before H4 extn?
Is it possible to extend her H4 only till 09/30/2007?
Please help, I need to inform my new employer by noon tomorrow whether I accept the job or not. My PD is June 6, 2003 in EB3 category. I missed out by 5 days. The bulletin confused me further whether to move or stay put in my current job hoping my PD will become current in the next bulletin.
Moderator - Since this is an urgent case, I would appreciate if you could allow this to be a separate thread. I did not want this to be buried under some other topic. Thanks.
SDdesi
05-13 11:41 PM
Received our approval notices in the mail today. Infact, our immigration attorney received them first. No emails, no SMS, no SRs. Online status still shows "Initial Review".
Its been almost 10 years to the date. I wish all my friends on IV good luck and hang in there.
Along the journey, IV has provided a lot of help & support and I will certainly be sticking around to help in whatever way I can.
GO IV!
Its been almost 10 years to the date. I wish all my friends on IV good luck and hang in there.
Along the journey, IV has provided a lot of help & support and I will certainly be sticking around to help in whatever way I can.
GO IV!