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Bezzer
09-06 08:51 PM
im not really new to photoshop...i've been using it for a couple of years...just never done a pixel stretch before.. :)
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EADplease
08-23 03:01 PM
I didn't file on July 5th but my attorney office says now they're receiving receipts for July 5th filers. Not sure if it's TSC or NSC...
I don't understand , people are started getting receipt filed in july'14th, july'16th. They are not processing July3rd through july'14th filing?.
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
I don't understand , people are started getting receipt filed in july'14th, july'16th. They are not processing July3rd through july'14th filing?.
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
s_r_e_e
08-15 11:53 AM
instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.
2011 Taylor lautner, selena gomez,
shirish
03-14 03:20 PM
My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
You are right. I checked it with Germen consulate in DC few days back.
You are right. I checked it with Germen consulate in DC few days back.
more...
raj7480
05-24 02:24 PM
Can IV do a press release and circulate thru news wire? IV can write an article about legal immigration and what IV is doing for it. You can submit your release thru sites like http://www.prweb.com/
They are free and if you pay some fee (I think $80), news will go to many popular news portals.
This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.
They are free and if you pay some fee (I think $80), news will go to many popular news portals.
This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.
Motivated
10-27 09:22 AM
to Motivated...
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
at least there is some action involved, you should join too....especially if you are from WI
just saying meragcdedobhai - won't get it.
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
at least there is some action involved, you should join too....especially if you are from WI
just saying meragcdedobhai - won't get it.
more...
Templarian
04-23 04:42 PM
^I didn't even know if it was relevant when i remembered the "SDL", i just remember my bro talking about it once. But that was a very long time ago.
Maybe as your learning you could write up some very simple step by step tutorials for beginning the use of SDL.
Maybe as your learning you could write up some very simple step by step tutorials for beginning the use of SDL.
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kriskris
03-17 03:07 PM
According to IRS
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
If any member has ITIN, economic stimulus package benefit will not be given.
You can definitely give it a try because when we went to apply SSN for my wife, they didn't ask for EAD even though we were carrying it. They might be able to give based on AOS, but I am not sure. You can give it a try since you have nothing to lose.
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
If any member has ITIN, economic stimulus package benefit will not be given.
You can definitely give it a try because when we went to apply SSN for my wife, they didn't ask for EAD even though we were carrying it. They might be able to give based on AOS, but I am not sure. You can give it a try since you have nothing to lose.
more...
GCNaseeb
11-14 09:36 PM
I scheduled an infopass appointment for tomorrow to discuss misspelled name on my EAD and AP. Several of my friends are saying that since these documents carry A #, and picture, in addition to name, I should be fine if I ever need to use them. But I just wanted to play safe, hence took this appointment. Will let you know guys, the outcome of my visit.
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optimist578
03-18 01:05 PM
Most of the pro-immigrant bills donot seem to have cosponsors, whereas, the anti-immigrant/security-enhancing/american-jobs-protecting bills have a lot of support.
A small list of bills I found somewhat relevant to our issues...
-----------------------------------------------------------------
H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)
H.R.938 : To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants.
Sponsor: Rep Gingrey, Phil [GA-11] (introduced 2/8/2007) Cosponsors (17)
H.R.19 : To require employers to conduct employment eligibility verification.
Sponsor: Rep Calvert, Ken [CA-44] (introduced 1/4/2007) Cosponsors (24)
H.R.132 : To impose a criminal penalty on an alien who fails voluntarily to depart the United States after securing permission to do so, or who unlawfully returns to the United States after voluntarily departing.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (2)
H.R.98 : To amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.
Sponsor: Rep Dreier, David [CA-26] (introduced 1/4/2007) Cosponsors (24)
H.R.842 : To provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality Act, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes.
Sponsor: Rep Norwood, Charles W. [GA-10] (introduced 2/6/2007) Cosponsors (None)
H.R.131 : To impose a mandatory minimum sentence on a deportable alien who fails to depart or fails to attend a removal proceeding.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (1)
A small list of bills I found somewhat relevant to our issues...
-----------------------------------------------------------------
H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)
H.R.938 : To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants.
Sponsor: Rep Gingrey, Phil [GA-11] (introduced 2/8/2007) Cosponsors (17)
H.R.19 : To require employers to conduct employment eligibility verification.
Sponsor: Rep Calvert, Ken [CA-44] (introduced 1/4/2007) Cosponsors (24)
H.R.132 : To impose a criminal penalty on an alien who fails voluntarily to depart the United States after securing permission to do so, or who unlawfully returns to the United States after voluntarily departing.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (2)
H.R.98 : To amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.
Sponsor: Rep Dreier, David [CA-26] (introduced 1/4/2007) Cosponsors (24)
H.R.842 : To provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality Act, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes.
Sponsor: Rep Norwood, Charles W. [GA-10] (introduced 2/6/2007) Cosponsors (None)
H.R.131 : To impose a mandatory minimum sentence on a deportable alien who fails to depart or fails to attend a removal proceeding.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (1)
more...
sanz
03-31 12:07 PM
Sen. Grassley calls for new L-1 visa probe
Raises concern that a 2006 report on L-1 visa was ignored
WASHINGTON -- U.S. Sen. Chuck Grassley (R.-Iowa) has asked the U.S. Department of Homeland Security (DHS) inspector general to investigate the L-1 visa program, saying he is increasingly concerned about loopholes in it.
Grassley on Tuesday released a letter to Charles Edwards, the DHS inspector general, asking him to dust off a 2006 inspector general report about the visa program and find out why the report's recommendations "were never implemented."
Grassley, who has been pressing for reforms of the H-1B visa, said he wants to find out the number of L-1 visa holders now living in the U.S.
The L-1 is used for multinational companies to bring employees into the U.S. and doesn't have has many restrictions as the H-1B visa, such as a prevailing wage requirement.
In his letter, Grassley wrote that "there's growing concern by many experts that companies are turning to L visas when the supply of H-1B visas are low. There is also a general consensus that L visas are being used to bring in 'rank and file' employees rather than top-level professionals with truly 'specialized knowledge.'" Specialized knowledge usually means advanced knowledge or expertise in a field.
In the 2006 study, the DHS's inspector general report referred to the L-1 visa as "the computer visa." It reported that from 1999 to 2004, nine of the 10 firms that petitioned for the most L-1 workers were computer and IT-related outsourcing service firms that specialized in labor from India. The number of L-1 petitions approved from 1995 to 2005, in most years, was just over 40,000. In 2001, nearly 60,000 were approved.
The report also found that the visa program was vulnerable to abuse and made several recommendations, including requiring immigration enforcement officers to assist in "checking the bona fides" of L visa petitions; putting in place a process for overseas verification of a petition; and clarifying what was meant by specialized knowledge, a requirement for the visa similar to what is asked for in H-1B visas.
Grassley said he wanted another look at the program because, "I have grown increasingly concerned that loopholes within the L-1 visa program have led to manipulation and broad overreach by those who use the program and have resulted in a great deal of fraud and abuse within the program
Raises concern that a 2006 report on L-1 visa was ignored
WASHINGTON -- U.S. Sen. Chuck Grassley (R.-Iowa) has asked the U.S. Department of Homeland Security (DHS) inspector general to investigate the L-1 visa program, saying he is increasingly concerned about loopholes in it.
Grassley on Tuesday released a letter to Charles Edwards, the DHS inspector general, asking him to dust off a 2006 inspector general report about the visa program and find out why the report's recommendations "were never implemented."
Grassley, who has been pressing for reforms of the H-1B visa, said he wants to find out the number of L-1 visa holders now living in the U.S.
The L-1 is used for multinational companies to bring employees into the U.S. and doesn't have has many restrictions as the H-1B visa, such as a prevailing wage requirement.
In his letter, Grassley wrote that "there's growing concern by many experts that companies are turning to L visas when the supply of H-1B visas are low. There is also a general consensus that L visas are being used to bring in 'rank and file' employees rather than top-level professionals with truly 'specialized knowledge.'" Specialized knowledge usually means advanced knowledge or expertise in a field.
In the 2006 study, the DHS's inspector general report referred to the L-1 visa as "the computer visa." It reported that from 1999 to 2004, nine of the 10 firms that petitioned for the most L-1 workers were computer and IT-related outsourcing service firms that specialized in labor from India. The number of L-1 petitions approved from 1995 to 2005, in most years, was just over 40,000. In 2001, nearly 60,000 were approved.
The report also found that the visa program was vulnerable to abuse and made several recommendations, including requiring immigration enforcement officers to assist in "checking the bona fides" of L visa petitions; putting in place a process for overseas verification of a petition; and clarifying what was meant by specialized knowledge, a requirement for the visa similar to what is asked for in H-1B visas.
Grassley said he wanted another look at the program because, "I have grown increasingly concerned that loopholes within the L-1 visa program have led to manipulation and broad overreach by those who use the program and have resulted in a great deal of fraud and abuse within the program
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swamy
01-02 02:18 PM
presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.
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sam_hoosier
01-07 11:24 AM
can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.
Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.
thanks for your replies.
Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.
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martinvisalaw
11-25 01:10 PM
I can't really answer your question without more details, but here are some factors to consider:
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
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pictures EXCLUSIVE: Taylor Lautner
pd052009
04-15 03:58 PM
I am in.
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
After voting on the thread, could you
- Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�
-- This info will help to organize the next activity.
- Read this link. This has helpful details to reach out the fellow impacted members. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1845295-support-thread-for-i485-filing-w-o-curr-pd-initiative.html#post2243885
Happy to know that your friends are joining to get our relief.
What do I need to do apart from contributions and convincing other friends to vote on the above thread?
After voting on the thread, could you
- Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�
-- This info will help to organize the next activity.
- Read this link. This has helpful details to reach out the fellow impacted members. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1845295-support-thread-for-i485-filing-w-o-curr-pd-initiative.html#post2243885
Happy to know that your friends are joining to get our relief.
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sriteam
07-07 02:04 PM
Rated 5 starts.
more...
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arkie2916
July 15th, 2004, 07:52 PM
Anders these are just fantastic!! Keep up the great work.
Bev
Bev
girlfriend Taylor Lautner Selena Gomez
Anders �stberg
June 19th, 2005, 09:29 AM
A bit better but still a little grey. I don't think you can get detail on the chest area for instance and keep the blacks looking black on the rest of the bird.
I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.
I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.
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Robert Kumar
03-22 09:03 AM
It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.
And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
irrational
06-19 09:12 AM
Thanks Folks,
I will efile today and I'll let you guys know how it turns out.
-Bipin
I will efile today and I'll let you guys know how it turns out.
-Bipin
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)
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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