_TrueFacts
09-04 02:11 PM
I have no words to say about this incident.
I am glad that we have one less bad guy..more to go.
gimme_GC2006,
Completely agree with you. Also, notice that, this has became a trend in all states
UP: Mayawati
TN: M. Karunanidhi and Jaya Lalitha
Bihar: Laloo; Started with this guy
AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)
and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.
I am glad that we have one less bad guy..more to go.
gimme_GC2006,
Completely agree with you. Also, notice that, this has became a trend in all states
UP: Mayawati
TN: M. Karunanidhi and Jaya Lalitha
Bihar: Laloo; Started with this guy
AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)
and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.
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Jerrome
09-25 02:53 PM
I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
delhirocks
06-26 11:53 PM
This is what my very very high profile attorney wrote in her email to me today....
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
good luck with that...
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
good luck with that...
2011 Justin Bieber Spotted
ramus
07-04 08:56 AM
Good morning..
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
more...
TeddyKoochu
09-17 01:33 PM
You are right on the point. In fact (I may be overly optimistic here), I would not be surprised at all to see PD of EB2I in 2007 or 2008 in the last quarter (Aug-Sept) and it may even see the magincal "C" in Sept 2010. (Making the dream come true for VDLRAO!!)
(Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)
I sincerely hope your words come true! It has been a long wait for people who missed Jul 07. Lets hear from the expert VDL Rao.
(Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)
I sincerely hope your words come true! It has been a long wait for people who missed Jul 07. Lets hear from the expert VDL Rao.
BharatPremi
07-13 11:49 AM
All I'm saying is, there's good and bad everywhere, and Canada, always rates highly.
Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)
In the end, as you say, it's all objective.
And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..
Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)
In the end, as you say, it's all objective.
And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..
more...
BharatPremi
12-14 05:26 PM
Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
2010 Justin Bieber amp; Selena Gomez
rsdang1
08-21 11:39 AM
"Everytime"?
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
more...
GotGC??
05-17 06:30 PM
Or did you mean the other way around?
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
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gagbag
07-11 12:55 PM
http://www.ilw.com/articles/2007,0710-lee.shtm
more...
unseenguy
04-01 02:28 AM
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
I agree and how can we forget the reservation for OBC by congress. Persecution of sikhs after the murder of Indira Gandhi. That time congress was doing right thing it seems and they were not merchants of death of the time. Is it?
That is not communalism but if someone says injustice is being done to Hindus or brahmins, that is communalism.
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
I agree and how can we forget the reservation for OBC by congress. Persecution of sikhs after the murder of Indira Gandhi. That time congress was doing right thing it seems and they were not merchants of death of the time. Is it?
That is not communalism but if someone says injustice is being done to Hindus or brahmins, that is communalism.
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gonecrazyonh4
07-03 08:29 PM
Done my part hoping it would help
more...
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mirage
03-30 05:20 PM
Problem is we Indians see Indira Gandhi Airport, Jawaharlal Mission, Rajiv Gandhi Electricity Yojna, Indira Gandhi University, Jawahar Lal Uniiversity, Rajiv Gandhi Jal Sansthan, Rajiv Gandhi This Indira Gandhi that, so we get a feeling as if we are breathing just because of these 3 individuals. They are too good at advertising their Netas, that you just forget if anybody else ever existed... Govt is never one man effort/show.It is a team effort. Just like software projects are.For sure it will not be one man show with BJP.We have NDA's rule for example.While we are that NDA had allies in it too.
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patfanboston
05-12 09:25 PM
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
more...
pictures justin bieber and selena gomez
cps060
03-20 06:49 AM
Once the three years pass, is it possible to re-apply for the PR card again ?
Also if the entire 5 years pass & someone's PR expires, can he/she re-apply for PR ? If so, are all steps like Police check etc to be done again ?
Also if the entire 5 years pass & someone's PR expires, can he/she re-apply for PR ? If so, are all steps like Police check etc to be done again ?
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dan19
05-09 02:38 PM
1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.
>> Canada Accepts Birth Certificates from the embassy.
2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.
>>4 yrs in US should be sufficient. You can just put those 4 yrs of exp in the work exp. sheet they provide. Just ignore the others, else be prepared to answer any queries about it like paystubs, offer letter etc.
3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?
>>You don't need a passport stamp
* I am providing these answers based on my experience. I got my Canadian PR. But please cross-check.
>> Canada Accepts Birth Certificates from the embassy.
2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.
>>4 yrs in US should be sufficient. You can just put those 4 yrs of exp in the work exp. sheet they provide. Just ignore the others, else be prepared to answer any queries about it like paystubs, offer letter etc.
3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?
>>You don't need a passport stamp
* I am providing these answers based on my experience. I got my Canadian PR. But please cross-check.
more...
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thomachan72
05-09 08:59 PM
Please experts on Canada vs US situation help with this.
A person lets say makes 100000 in US. His approx take home (after tax) would be lets say 70000, right? How much would he have to make in canada (Montreal) to keep par or do better than the salary in US. This is to understand the tax structure. Please try to give atleast three scenarios--
Bachelor, married filing joint, married filing joint with dependents. Thanks.
A person lets say makes 100000 in US. His approx take home (after tax) would be lets say 70000, right? How much would he have to make in canada (Montreal) to keep par or do better than the salary in US. This is to understand the tax structure. Please try to give atleast three scenarios--
Bachelor, married filing joint, married filing joint with dependents. Thanks.
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indiancitizen77
09-05 10:32 PM
This was the response I got 3 years ago when I enquired, but I believe the process is different for each province in Canada, and you may want to talk to the person below for more details. Life after internship/residency is not that lucrative in Canada. You may be better off in the Middle East.
************************************************** ******
If graduating from an accredited medical college in he United States, he/she will have substantially less difficulty obtaining his/her license to practice medicine in Canada.
He/She will have to complete the qualifying examinations that are administered by the Medical Council of Canada. There are two of these exams. Information about these exams can be found at http://www.mcc.ca. He/She should not have to worry about being subjected to the international medical graduate programs since American schools have their degrees recognized by the licensing bodies in Canada.
Contact Info
Scott Butler
Member Relations/Project Manager
Association of International Physicians and Surgeons of Ontario (AIPSO)
2 Carlton Street, Suite 1004
Toronto, ON M5B 1J3
Phone: (416) 979-8611 x 4301
Fax: (416) 979-9853
Email: membershipaipso AT cassa.on.ca
Web: http://www.aipso.ca
************************************************** ******
Check out these links:
http://www.readersdigest.ca/mag/2004/08/doctors.html
http://www.aipso.ca/doctors_in_waiting.htm
http://www.justlanded.com/english/canada/tools/forums/jobs/qualifications_for_foreign_doctors_in_canada/foreign_doctors_in_canada
http://www.canadaimmigrants.com/forum_2.asp
Lots of links out there, you'll have to do some research.
Thanks for the Information Sertasheep. I guess the middle East especially Dubai is a good option too. I guess the taxes would not be the issue unlike in Canada.
************************************************** ******
If graduating from an accredited medical college in he United States, he/she will have substantially less difficulty obtaining his/her license to practice medicine in Canada.
He/She will have to complete the qualifying examinations that are administered by the Medical Council of Canada. There are two of these exams. Information about these exams can be found at http://www.mcc.ca. He/She should not have to worry about being subjected to the international medical graduate programs since American schools have their degrees recognized by the licensing bodies in Canada.
Contact Info
Scott Butler
Member Relations/Project Manager
Association of International Physicians and Surgeons of Ontario (AIPSO)
2 Carlton Street, Suite 1004
Toronto, ON M5B 1J3
Phone: (416) 979-8611 x 4301
Fax: (416) 979-9853
Email: membershipaipso AT cassa.on.ca
Web: http://www.aipso.ca
************************************************** ******
Check out these links:
http://www.readersdigest.ca/mag/2004/08/doctors.html
http://www.aipso.ca/doctors_in_waiting.htm
http://www.justlanded.com/english/canada/tools/forums/jobs/qualifications_for_foreign_doctors_in_canada/foreign_doctors_in_canada
http://www.canadaimmigrants.com/forum_2.asp
Lots of links out there, you'll have to do some research.
Thanks for the Information Sertasheep. I guess the middle East especially Dubai is a good option too. I guess the taxes would not be the issue unlike in Canada.
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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.
bitu72
11-15 04:58 PM
Hi all,
i have applied on oct 15th , i have got a file number very quickly.
seems like they encashed my draft on 10/25.
so is my date going to be considered be 10/25.
i got a letter stating your letter is in priority queue and we would contact you.
when do they contact genrally. lany idea about next steps.
thanks
i have applied on oct 15th , i have got a file number very quickly.
seems like they encashed my draft on 10/25.
so is my date going to be considered be 10/25.
i got a letter stating your letter is in priority queue and we would contact you.
when do they contact genrally. lany idea about next steps.
thanks
sdeshpan
08-17 11:03 AM
The VIP culture and the sense of entitlement in India is sickening :mad: I would understand if George Fernandes had raised a fuss since he was travelling as a diplomat, but SRK is pure dung!! FFS, he is there only to promote his movie - like some one mentioned here, the world doesnt come to an end if he is delayed by an hour or if the movie flops or doesnt even see the light of day.
You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
