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  • Blog Feeds
    12-18 09:50 AM
    AILA Leadership Has Just Posted the Following:


    Last month I blogged about my convoluted math--trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) just issued, with this explanation:

    D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

    The Visa Office (VO)subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

    - If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example, if the Employment Third preference monthly target is 3,000 and there are only 1,000 applicants, the category is considered "Current."

    - Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 3,000 and there are 8,000 applicants, a cut-off date would be established so that only 3,000 numbers would be used, and the cut-off date would be the priority date of the 3,001st applicant.

    Applicants entitled to immigrant status become qualified at their own initiative and convenience and upon the completion of various processing requirements. Therefore, it is extremely important to remember that by no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported qualified each month, and consideration of other variables. Demand for visa numbers can fluctuate from one month to another, with an inevitable impact on cut-off dates.

    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.

    WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?

    At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.

    INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

    Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:

    China: July through October 2005
    India: February through early March 2005
    If Section 202(a)(5)were to
    apply: China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005

    Please be advised that the above date ranges are only estimates which
    are subject to fluctuations in demand during the coming months. The actual
    future cut-off dates cannot be guaranteed, and it is possible that some annual
    limits could be reached prior to the end of the fiscal year.


    So, there you have it. The "official" guesses for FY 2010! It would be terrific, however, if the Visa Bulletin would tell us, based upon its knowledge of pending cases, and estimates on time, how long a case would take in the given categories, if started today. When the Department of State releases THAT information, then perhaps Congress will sit up and take notice that we are facing a literal crisis in our employment based immigration program, and hurting ourselves as a result.https://blogger.googleusercontent.com/tracker/186823568153827945-2329407886555470879?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/from-department-of-state-with-love-visa.html)





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  • garfield
    10-07 02:19 PM
    When can one add a spouse to the I-485 application, and until when can a spouse be added before getting the Green Card?

    My 485 is pending, have the EAD card, and the I-140 is approved. My priority date is not current... anyone knows?





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  • ssingh92
    06-11 03:26 PM
    I know and understand once receive GC why you want to be here. Just a request. Think about whoever left and forum and Please donate something before you leave this forum and site for good.
    :D
    Thanks,





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  • arpu31
    11-13 07:35 PM
    I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
    So my questions are,
    1.Can I apply for visa status change from H1B to H4 in USA or
    a. I need to go outside USA and reapply for H4 visa in my home country or
    b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
    2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
    3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
    4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
    5. Under what scenarios and When would I be considered out of status?

    Thank You in advance.

    Arpu



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  • rajenk
    08-12 12:46 PM
    Thank you all for your response.

    The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

    Questions:

    1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
    2. If that is the case then in my situation should I safely assume my wife's application was rejected?

    Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

    My PD is 11/30/05 EB3

    Thanks
    Raj





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  • vvr
    12-18 08:57 PM
    Pls. send your feedback to letters@mercurynews.com.

    I called them today and cancelled my subscription today after 3 yrs of continued subscription. It's very ironic of mercury news to publish a one sided article against immigrants given their subscriber base.



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  • she81
    05-15 06:34 PM
    Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?





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  • GCOP
    06-23 02:46 PM
    I know that, we had not been successful in earlier years for this bill. But, as CIR chances are very uncertain, we should concentrate at least only on this Visa Recapture Bill this year. Passing of this bill will reduce backlog significantly. Let us focus on this bill .



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  • little_willy
    09-14 03:41 PM
    Just heard the ad on this radio. concise and to the point, I would have preferred a more serious voice though.

    Great work IV!





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  • Prashanthi
    02-11 04:14 PM
    Note: A receipt for an application for an initial or renewal USCIS
    Employment Authorization Document (EAD) filed on a Form I-765,
    Application for Employment Authorization, is not acceptable for Form
    I-9 verification purposes.

    Also for immigration purposes you cannot start working until you have the approval in-hand.



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  • GCmuddu_H1BVaddu
    03-20 02:10 AM
    I have limited knowledge on this but my own logical thinking
    1) Your best bet is to have baby in US and go to India
    2) Baby will not be granted any green card as there is no application present for the baby 3) You can't get the baby to US on H-4 as a dependent bcz you are on EAD
    4) Either you can file for a visitor visa (through EAD) or file for H-1B for the baby ;-) (just kidding on H1B stuff)

    Go for (1).


    Hi Everyone,

    Our Immigration status is EAD and my wife is pregnant,
    We are very happy with the news..

    There is lot of possibility for us to be in India during due date, based on few important events in family.
    We would like to know.. if baby is born in India then what possere ibilities are there for us to bring baby along with us?
    (if mother stays in India for couple of more months)

    can baby also get Green Card when we (parents) are allotted green card?

    All your advices are always appreciated.

    Thanks & Regards,
    Satya.

    Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.





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  • eb3_nepa
    01-08 04:36 PM
    The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).

    No rule yet to exempt H4 from H1 quota.

    Hi,

    Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?



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  • rajasaab
    10-25 09:21 AM
    i think your best bet is to get an Indian Visa for your kid...the PIO card takes atleast 45 business days and the OCI takes almost 20 weeks!! I just applied for the PIO card for my daughter last friday at the DC consulate and they said it will be 45 days. BTW..thats not consulate dependent - the website also says that 45 days is the processing time.

    also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.

    Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!





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  • Ramba
    05-22 12:22 PM
    Filing 485 after june 10 may not help much. Because, state deprtment will move the date based on number of 485 approval (already filed before retrogression) by june first week, not by number of new 485s recived by june first week.

    However, it is a good idea. Perhaps this time they may moniter the number of 485 recived on or before june 10. Unlike H1B, one can submit the new 485 on or before june 30. No need to rush.



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  • sampath
    05-26 11:29 AM
    Thanks for the great work done by the IV Core Team, QGA and all Senators and their staff... For QGA, is there a specific person/address where we can send out thank you letters to ?





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  • s.m.srinivas
    03-31 01:58 PM
    Hi All,

    I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
    With these things on board I have following questions

    Am I out of status?
    Company A visa is valid till september 2009, so can I go back to Company A?
    If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
    What is the chances that Company B appeal for the denial and get it stamped in these situation?
    What are my other options?


    Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...



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  • a_yaja
    06-18 12:34 PM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
    I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".

    There was no issue with the I-140 approval.





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  • delhirocks
    05-31 01:21 PM
    This is the least we can do...





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  • sundarpn
    05-29 09:51 PM
    Oh I did not know that one person can send webfax for each state.

    When I click that link it said "You have already sent it"

    I'll check again now





    fide_champ
    11-06 08:55 AM
    Jet airways resumed new service to US recently. That's why you couldn't find many people traveling by Jet airways. I heard the flights are new, service is good and the travel is quite comfortable. I am travelling to chennai from EWR end of november and am looking forward to the trip.





    WeldonSprings
    01-15 03:35 PM
    Just ask her to recapture 350,000 previous year's visas- That's all! Nothing else will fly in this economy in any immigration bill, EXCEPT for Visa Recapture!



    Hello All,

    Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.

    Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.


    I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)


    http://lofgren.house.gov/

    Good Luck to all of us.



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