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08-16 03:38 PM
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desi3933
02-11 12:03 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
reddy_h
08-15 02:41 PM
I don't think anybody would be interested in Sep visa bulletin as everything is expected to be 'U' for EB categories. The Oct bulletin would be more interesting. There are some predictions already that it would be similar to visa bulletin for Jan 2007.
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espoir
01-18 10:20 PM
OK. What the inital poster stated is true. Per US Law one MUST carry all the immigration documents. My home is literally 4.5 miles away from US-Mexico border crossing and 30 miles west of Harlingen airport. I lived here since 2001 and as per my experience cops usually do not ask for immigration documents when stopped for routine traffic stops. Both the times when I was stopped, I was asked for DL and Insurance as usual per TX law. I normally do not carry my passport and other docs when I go to work (5.5 miles north to where I live), when shopping or when going out within 15 miles (north) of my home. Suresh was asked for PP by a police officer because he was in the airport.
I ALWAYS carry my passport and status verifying docs when I know I'm in the vicinity of exit points such as Greyhound terminal, Airport (even if I'm just dropping/picking up a friend at the Airport) or going out of town. Because I know there are NO excuses whatsoever for not carrying the docs if you are travelling north or south from US-Mexico border town.
But when in town I never had any trouble, and carrying the imigration docs as needed was never a problem for me. Trust me I sat on tables right next to Border Patrol Officers when I go out to lunch many times.
In fact at border towns (especially Mexican border), there is lot of vigilence at exit points whether you are citizen or not, you can be held for questioning. Its logical, since escaping into Mexico is literally matter of minutes for law-breakers.
Also, I do carry a copy of PP in my car, just in case. Nothing wrong in carrying copy of our PP (note: not US docs). Although whether to accept your explanation or not is completely upto the officer.
Few of my friends from north of Texas visited me did forget their immigration docs and passports(inspite of me cautioning them 100 times), they were held at checkpoints (50 miles north of the border) but were eventually let go after couple hours of verification process. Bottom line you may mostly get away for not carrying the documents at all times. But if they want to hold it against you, you have no case in your favor. Always be nice to them and 99% times you are treated respectfully.
I ALWAYS carry my passport and status verifying docs when I know I'm in the vicinity of exit points such as Greyhound terminal, Airport (even if I'm just dropping/picking up a friend at the Airport) or going out of town. Because I know there are NO excuses whatsoever for not carrying the docs if you are travelling north or south from US-Mexico border town.
But when in town I never had any trouble, and carrying the imigration docs as needed was never a problem for me. Trust me I sat on tables right next to Border Patrol Officers when I go out to lunch many times.
In fact at border towns (especially Mexican border), there is lot of vigilence at exit points whether you are citizen or not, you can be held for questioning. Its logical, since escaping into Mexico is literally matter of minutes for law-breakers.
Also, I do carry a copy of PP in my car, just in case. Nothing wrong in carrying copy of our PP (note: not US docs). Although whether to accept your explanation or not is completely upto the officer.
Few of my friends from north of Texas visited me did forget their immigration docs and passports(inspite of me cautioning them 100 times), they were held at checkpoints (50 miles north of the border) but were eventually let go after couple hours of verification process. Bottom line you may mostly get away for not carrying the documents at all times. But if they want to hold it against you, you have no case in your favor. Always be nice to them and 99% times you are treated respectfully.
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pkak
07-13 01:16 AM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.
gk_2000
08-10 03:32 PM
I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Could you elaborate on how this is a "wishful" reinterpretation of the law?
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Could you elaborate on how this is a "wishful" reinterpretation of the law?
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niklshah
07-13 09:27 PM
murthy was too scared too give any statemant before, this statemant was ok but it was too late when she saw that the momentum is getting strong she jumped in.
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shreekhand
07-04 10:28 PM
A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
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chmur
09-11 12:41 AM
The problem with your analysis is not every one in the backlog has equal access to excess of 35-40K visas available each year. Most of the excess comes from EB4,5,1 and 2ROW and all goes to EB2 I/C. EB3 ROW gets ~30K every year (42K- 4*2.8K).
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
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GCard_Dream
09-18 12:23 PM
Did you tell that to John McCain? He still believes that fundamentals of this economy are still very strong. I sometime wonder if he is getting it confused with Chinese economy.
If you have been following the news this week, the economy is really in trouble. Specifically financial and insurance sector. Dow plunged around 900 + points in last 2 days.
If you have been following the news this week, the economy is really in trouble. Specifically financial and insurance sector. Dow plunged around 900 + points in last 2 days.
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Winner
04-07 10:45 AM
it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
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raajpagare
02-19 07:54 PM
are nil. Politicians are not going to touch immigration even with a 10 foot pole right now.
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Jaime
09-10 03:26 PM
Lose A LOT of money if you get laid off and forced to leave the U.S. - If you have a 401 K and the broken immigration system forces you to leave the U.S. in the self-induced U.S. Reverse Brain Drain, you have to leave all your savings behind and use them until you retire in your home country (yet cannot contribute anymore and thus money stops compounding) or take the money to your home country after taking a huge hit from early withdrawal penalties.
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makemygc
07-16 08:23 PM
From now on every year, we should send a copy of I797 (H1B) and our tax records to each and every senator and house representative so that they do not get carried away by the misinterpreted facts presented to them by Lou Dobbs, NumbersUSA, Programmers Guild and FAIRUS.
Not a good idea. You identity might get stolen. You can't trust these people. They will simply forward your record to identity thiefs.
Not a good idea. You identity might get stolen. You can't trust these people. They will simply forward your record to identity thiefs.
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newuser
07-16 05:53 PM
My blood pressure is going up after seeing these false propoganda.
We need to do something about these bxxxxrds.
This type of false propoganda makes my blood boil :mad:
We need to do something about these bxxxxrds.
This type of false propoganda makes my blood boil :mad:
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vine93
10-23 06:05 PM
bump
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desi3933
02-11 12:03 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
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boppana99
09-26 11:17 AM
Just sent an email that the rally was to put forward the delays enforced by USCIS for the green cards and not for the H-1B cap increase. Gave the IV link to check for the rally facts.
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reddysn
06-10 09:52 PM
as far as I know what you have mentioned here is correct
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
yagw
07-13 12:03 PM
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!
Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!
abd
09-21 01:59 PM
May be approval is few hours away for you.
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
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