EB2-3 Predictions (Rather Calculations) 2015-2020

[vedu]

Jagan,

I'll preface this post by saying that speculation about EB3 is likely to make me look very foolish over the passage of time.

Even trying to predict EB3-I is massively hampered by the lack of clarity beyond 2006, compounded by the effect porting / abandonment has had on the numbers.

Remainder of FY2017

If a further 2k SO is made available in September, the Cut Off Date might move to the end of 2006.

2007

For 2007, it's worth noting that only around 75% of cases with a PD of Jan-July 2007 had the PERM certified by the end of July 2007.
For 2007 as a whole, slightly under 40% of PERM cases had been certified by the end of July 2007.
The above can never have filed an I-485 under EB3, since the dates have never been current since July 2007.
Another factor is that there may be a significant number of spouses yet to file I-485 for those cases that have survived and are still in EB3. Most children are likely to be US citizens.

The current USCIS Inventory shows about 2k for Jan-July 2007. Taking the above into account, maybe the total for EB3-I for all of 2007 is nearer 6k.

2008

2008 has similar PERM numbers to 2007.

2009 to mid 2010

There is a dip in PERM certifications for this period. After July 2010 the numbers ramp up considerably.


With very good SOFAD (9k), EB3-I might be able to move as much as 18 months in a FY. That would mean mid 2008 by the end of FY2018 and somewhere in 2010 by the end of FY2019.

However, that sort of movement is likely to trigger reverse porting to EB3 by EB2-I. That is going to be far more messy than the situation seen with China, both because the disparity between EB2/EB3 demand is much greater and also due to the much larger overall demand. Once reverse porting starts, it will halt decent movement in EB3-I completely.

That assumes good SO within EB3. There's still something of a disparity between EB3-ROW Inventory numbers and the number of actual approvals which remains a concern.

The other factor that occurs to me is one of timing of forward movement of Cut Off Dates.

Currently, it seems to be taking 7-8 months for a new I-485 to be approved from submission. The majority of EB3-I movement generally occurs in the last quarter of the FY when the amount of SO can be assessed.

To ensure that sufficient cases are available to be approved, I think CO is going to have to be fairly aggressive in setting the EB3-I Filing Date at the beginning of FY2018 AND USCIS need to accept it.

Otherwise, there is the risk that visas could be available at the end of the FY without a sufficient number of cases in a position to use them. If USCIS don't accept Filing Dates, CO would be a brave man to advance the Final Action Date sufficiently early (the only other alternative) to have sufficient cases ready for approval. That would probably lead to situation of more demand than available visas at that point of time. I'm not convinced he would follow this course of action, particularly if he sees any uptick in EB3-ROW demand.

I accept the above might be a complete load of ill thought out rubbish, but perhaps it can be a starting point for those that wish to discuss the issue.

Spec,

Good to see such a detailed email from you in a long time! October visa bulletin with the accompanying pending I-485 inventory report will provide better insights into the next year. Even though EB2I remains static for now, there are lot of good things going on beneath the surface (significant reduction in porting going forward, new administration's efforts to curb immigration which will most likely show their impact next year, etc.). A good strong foundation is being built on from which EB2I cut-off dates will progress more reliably next years. The pace may be low, but gone are the old days of retrogression, back and forth, etc.

[Spectator]

I thought I would look at the potential queues for EB4 and EB5 to assess when or if they might start giving SO again in the future.

To do so, I've looked at the petitions for each (I-360 and I-526).

EB4

The I-360 need to be split between SIJ cases and non-SIJ cases. The reason for this that SIJ approvals at I-485 stage can only use 1 visa.

I've taken into account the different approval rates in arriving at a number. Receipt numbers show no sign of decreasing yet.

I-360 approvals in FY2017 are on track for 26.7k, which would eventually equate to visa usage of 31.4k

In addition, there were 27.4k I-360 pending. They could equate to demand for a further 28.6k visas.

In total possible known demand would be around 60k visas which equates to 6 years of EB4 allocation.


EB5

As well as the factors above, EB5 has a large number of cases already awaiting Consular Processing when the PD becomes current (mosly Chinese).

Demand from 2017 I-526 approvals -------- 36.3k
Demand from pending I-526 --------------- 60.8k
Demand at NVC --------------------------- 24.6k

Total Demand --------------------------- 121.7k (it's likely that China accounts for around 113k of this figure.)

This equates to around 12 years of EB5 allocation.

It's probably worth noting that the processing time for an I-526 has now stretched to 19.5 months.


Conclusion

Even allowing for a large error margin on the above numbers, it's clear that EB4 and EB5 are not going to provide SO in the near term.

[EB3Iwaiting]

Thanks for the insight Spec. This basically proves that people can forget about any sort of vertical SO in the near future, as EB1 too is oversubscribed. Only horizontal SO can now happen to provide some relief. Of course, the only remaining vertical SO is UPWARD when EB3 GCs are taken out and given to EB1 and EB2.

[EB3Iwaiting]

Spec, I was reading through your detailed post and there was one sentence which struck me. When you said:

"With very good SOFAD (9k), EB3-I might be able to move as much as 18 months in a FY. That would mean mid 2008 by the end of FY2018 and somewhere in 2010 by the end of FY2019." I am guessing you meant Final Action Date right? Of course, the Filing Date concept is another issue all together as many beyond July 07 are simply waiting to file AOS.

Of course, if EB3I does end at Jan 07 by end of this FY, then EB3I will not have enough pending inventory for next year's quota. Of course, we know there are some who missed the bus in July 2007 but many have ported since then too. What would be interesting is where CO puts the Filing Dates beyond July 07? Will he do that for the October VB itself? And like you said, USCIS will have to honor it as the inventory is not enough for the yearly allocation since EB3I has been getting some decent SO now.

I would really like to know where CO would put the filing date for EB3I beyond July 07.

[GCdreamz]

September Bulletin in Second week of August and October Bulletin in Second week of September will be very interesting especially for EB3-India.

Just my assumption - I think EB3-India will move to Jan 2009 either in October bulletin or in Summer of 2009 and end in 2010 by end of Fiscal Year 2018.

I am expecting lot of scrambling between EB2I & EB3I from summer/last quarter of 2018 onwards. Just assumptions based on my analysis.

[vedu]

Spec,

I understand the picture doesn't look pretty for EB2I applicants beyond year 2009. The slow and steady progress doesn't do anything for them. I was taking a narrow view from the perspective of my own priority date which is in April 2010. So, slow and steady movement works for me. With EAD already in hand, I can afford to wait patiently for my turn in this long crazy queue. It may take 2 years, or who knows even 3 years! The first real indication of getting closer will be when the filing dates touch April 2010.

I wish EB2I should complete 2008 cases this year, but it is not going to happen. Next year it seems certainty though! Another thing, we all have doubts about the correctness of April pending I-485 inventory. But if it is correct, then it will be another big relief for EB2I. The report shows 2009 and 2010 cases drastically reduced and as for 2008, we are already getting to the fag end of it.

[dubnis]

Spec, I was reading through your detailed post and there was one sentence which struck me. When you said:

"With very good SOFAD (9k), EB3-I might be able to move as much as 18 months in a FY. That would mean mid 2008 by the end of FY2018 and somewhere in 2010 by the end of FY2019." I am guessing you meant Final Action Date right? Of course, the Filing Date concept is another issue all together as many beyond July 07 are simply waiting to file AOS.

Of course, if EB3I does end at Jan 07 by end of this FY, then EB3I will not have enough pending inventory for next year's quota. Of course, we know there are some who missed the bus in July 2007 but many have ported since then too. What would be interesting is where CO puts the Filing Dates beyond July 07? Will he do that for the October VB itself? And like you said, USCIS will have to honor it as the inventory is not enough for the yearly allocation since EB3I has been getting some decent SO now.

I would really like to know where CO would put the filing date for EB3I beyond July 07.

Dear Amigo!
Well, with 32k global demand for EB3I and 40k allocation clearly 8k ought to come as SO to EB3I - the most backlogged category's country applicant in sequence. If CO follows the rules or uses his discretion wisely the PD can go beyond 2007 this FY. If we also assume the 11k demand from EB3I has been taken into account in the 32k global or is a subset of it then the total SO will be 19k which should move the EB3I PDs well into early 2009 by this year end!

[tatikonda]

Hi All,

It is obvious that EB2/EB3- India is stuck in and there will be no decent movement in numbers without any legislative efforts.
I know, we have seen several bills came and died in house/senate but we can't loose hope in it.

please support this bill. Call your congressmen and ask them to support this bill.

https://yoder.house.gov/media-center/press-releases/yoder-becomes-lead-sponsor-of-fairness-for-high-skilled-immigrants-act

Regards
Tatikonda.

[iatiam]

Spec,

As always, thank you for the voice of reason. Much appreciated.

I do have a question on EB2 and EB3 demand for ROW. Do you see a reduction in demand for EB2/EB3 ROW? As you recent numbers show, the PERM approvals seem to have slowed down and almost 20% lower than last year. Is this due to genuine slowdown (slowing economy, immigration restrictions etc) or due to delay in approvals which may pickup pace later?

What is your prediction on overall SO that EB2I/EB3I will receive this year? Are we close enough to the end game to even predict this?

Iatiam

[dubnis]

Spec,

As always, thank you for the voice of reason. Much appreciated.

I do have a question on EB2 and EB3 demand for ROW. Do you see a reduction in demand for EB2/EB3 ROW? As you recent numbers show, the PERM approvals seem to have slowed down and almost 20% lower than last year. Is this due to genuine slowdown (slowing economy, immigration restrictions etc) or due to delay in approvals which may pickup pace later?

What is your prediction on overall SO that EB2I/EB3I will receive this year? Are we close enough to the end game to even predict this?

Iatiam

Dear Amigo!
I have never digged in too much to derive any meaningful conclusions which could still evade us at some point because of unknown factors. However, looking at last pending inventory this is a simple SO calculation here: EB3 --> 32k demand globally which includes India's EB3I's 11k also. With this the total Spill Over should be --> 40k - 32k = 8k + 11k = 19k and all of this ought to come to EB3I given the most backlogged category and country! If CO uses his discretion wisely EB3I - PDs could easily cross 2008 by the end of FY-2018. Now how the progression happens may be hard to predict!

[iatiam]

Dear Amigo!
I have never digged in too much to derive any meaningful conclusions which could still evade us at some point because of unknown factors. However, looking at last pending inventory this is a simple SO calculation here: EB3 --> 32k demand globally which includes India's EB3I's 11k also. With this the total Spill Over should be --> 40k - 32k = 8k + 11k = 19k and all of this ought to come to EB3I given the most backlogged category and country! If CO uses his discretion wisely EB3I - PDs could easily cross 2008 by the end of FY-2018. Now how the progression happens may be hard to predict!

I think you are double-dipping here. You cannot add 32K with 11K. The EB3I quota is 2,300; so the total available SO is 2,300 + 8,000 = 10,300 which also assumes that no new cases have been added to inventory since April which is a huge assumption.

That would barely clear the 485 inventory for EB3I.

Iatiam

[dubnis]

I think you are double-dipping here. You cannot add 32K with 11K. The EB3I quota is 2,300; so the total available SO is 2,300 + 8,000 = 10,300 which also assumes that no new cases have been added to inventory since April which is a huge assumption.

That would barely clear the 485 inventory for EB3I.

Iatiam

Amigo!
I always thought all EB category quota was 2800 and heard that there is a new rule that would increase it to 3000. Is not the 32k global demand for EB3 that includes India's also? Okay, let us assume that is not the case. Looking at SO which will be 10K as you mention should meet the demand till Mar 2007. In the next FY2018 there should be fresh quota released and no one has visibility of the expected demand beyond Jul 2007. Is it reasonable to assume that EB3I - PD will move beyond 2007 by the end of this calendar year 2017 to build up the inventory so that CO can decide how to allocate the visa numbers.

[Spectator]

I've updated the PERM Data in the FACTS & DATA (http://www.qesehmk.org/forums/forumdisplay.php/59-PERM-Labor-Data) section with the Q3 disclosure data.

[vedu]

There is a small possibility of EB2I retrogression after all!

From Murthy's website:

"Due to a spike in ‘upgrade’ cases from the employment-based, third preference (EB3) category, EB2 India will not advance in September 2017, and may even retrogress. If that occurs, the cutoff date would return to the current date of July 22, 2008, in October".

The good news is that EB2I is expected to move forward by one year, so that would be July 2009, not bad!

"More discouraging is the fact that, for FY18, EB2 India is predicted to advance at about the same pace as it did in fiscal year 2017 (FY17). If that holds true, this category would only advance by about one year by the end of FY18. Moreover, any such advancement is expected to be made fairly conservatively for the first quarter of the fiscal year, in order, hopefully, to avoid major retrogression later."

Source: https://www.murthy.com/2017/07/20/august-2017-visa-bulletin-check-in-discouraging-predictions-for-fy18/

[Spectator]

vedu,

Thanks for the heads up.

I also found another article that discusses other categories as well.

http://visaserve.com/lawyer/2017/07/19/Visa-Bulletin/DOS-UPDATE-VISA-BULLETIN-FOR-AUGUST-2017_bl31078.htm

I'm not sure i would agree with Murthy's comment about 1 year movement in FY2018 for EB2-I. That would likely require 10k visas (using the more conservative January 2017 Inventory figures). I don't see where the SO would be coming from.

[vedu]

Spec,

Thanks for the link. This article is much more detailed in its explanations for different categories. I agree with you regarding the fate of EB2I. Let's just hope that EB2I moves out of 2008 next year. That will be such a psychological relief!

[srisri007]

vedu,

Thanks for the heads up.

I also found another article that discusses other categories as well.

http://visaserve.com/lawyer/2017/07/19/Visa-Bulletin/DOS-UPDATE-VISA-BULLETIN-FOR-AUGUST-2017_bl31078.htm

I'm not sure i would agree with Murthy's comment about 1 year movement in FY2018 for EB2-I. That would likely require 10k visas (using the more conservative January 2017 Inventory figures). I don't see where the SO would be coming from.

Hi Spec, Should we view CO's comments on the movement being same as this year for FY18 on the supply and not on the demand side. Did he meant to say that EB2I would receive same number of GC's in FY18 as it received in FY17?

[HarepathekaIntezar]

Hi Spec, Should we view CO's comments on the movement being same as this year for FY18 on the supply and not on the demand side. Did he meant to say that EB2I would receive same number of GC's in FY18 as it received in FY17?

Sorry to upset your applecart, but Yes, he meant precisely this - "EB2I would receive same number of GC's in FY18 as it received in FY17". Just hang in there for 1 more year and once EB3I clears out, then EB2I will move in tandem with EB3I.

[srimurthy]

Sorry to upset your applecart, but Yes, he meant precisely this - "EB2I would receive same number of GC's in FY18 as it received in FY17". Just hang in there for 1 more year and once EB3I clears out, then EB2I will move in tandem with EB3I.

I guess unless the country limits are removed from Employment based GC's and the waiting period is felt equally by all, there will be little change. Upto that point the backlog to exist for India, China, and a couple more countries in one category or the other.

[EB3Iwaiting]

Looks like 2018 could be the year when EB2I and EB3I dates finally match up, and it could be somewhere in 2008.

[hope21]

Spec,

Thanks for the comprehensive details/calculations.

Question to you/Spec, Q and other gurus.. I have EB2 Priority date of Early 2010 and I have EADs for me and my wife (as we filed for 485 Stage in 2012). My wife has EB3 priority date of late 2007 (as you know EB3 was never current so no 485 filed). The way things are going, it seems EB3 should be current sometime in 2018. Couple of questions -


1.Whenever EB3 dates are current, I don't think we need to file for 485 stage again. We just have to let them know that our 485 is already pending with EB2 (with Souse/my priority date of Early 2010). Now my question is - Is there any form that we need to fill. When the dates become current for EB3, how would they adjust/link this that our EB2 485 is already pending, they need to link/adjust my 485 file with EB3 priority date (with my wife's EB3 date). What's the process for that.
2.Once I get to know the process for my question 1, I believe I have to let them know whenever Filing dates are current, right (I don't think we need to wait for Final Action Dates to be current). Am I right on this?

Please advise, thanks for the help in advance.




Jagan,

I'll preface this post by saying that speculation about EB3 is likely to make me look very foolish over the passage of time.

Even trying to predict EB3-I is massively hampered by the lack of clarity beyond 2006, compounded by the effect porting / abandonment has had on the numbers.

Remainder of FY2017

If a further 2k SO is made available in September, the Cut Off Date might move to the end of 2006.

2007

For 2007, it's worth noting that only around 75% of cases with a PD of Jan-July 2007 had the PERM certified by the end of July 2007.
For 2007 as a whole, slightly under 40% of PERM cases had been certified by the end of July 2007.
The above can never have filed an I-485 under EB3, since the dates have never been current since July 2007.
Another factor is that there may be a significant number of spouses yet to file I-485 for those cases that have survived and are still in EB3. Most children are likely to be US citizens.

The current USCIS Inventory shows about 2k for Jan-July 2007. Taking the above into account, maybe the total for EB3-I for all of 2007 is nearer 6k.

2008

2008 has similar PERM numbers to 2007.

2009 to mid 2010

There is a dip in PERM certifications for this period. After July 2010 the numbers ramp up considerably.


With very good SOFAD (9k), EB3-I might be able to move as much as 18 months in a FY. That would mean mid 2008 by the end of FY2018 and somewhere in 2010 by the end of FY2019.

However, that sort of movement is likely to trigger reverse porting to EB3 by EB2-I. That is going to be far more messy than the situation seen with China, both because the disparity between EB2/EB3 demand is much greater and also due to the much larger overall demand. Once reverse porting starts, it will halt decent movement in EB3-I completely.

That assumes good SO within EB3. There's still something of a disparity between EB3-ROW Inventory numbers and the number of actual approvals which remains a concern.

The other factor that occurs to me is one of timing of forward movement of Cut Off Dates.

Currently, it seems to be taking 7-8 months for a new I-485 to be approved from submission. The majority of EB3-I movement generally occurs in the last quarter of the FY when the amount of SO can be assessed.

To ensure that sufficient cases are available to be approved, I think CO is going to have to be fairly aggressive in setting the EB3-I Filing Date at the beginning of FY2018 AND USCIS need to accept it.

Otherwise, there is the risk that visas could be available at the end of the FY without a sufficient number of cases in a position to use them. If USCIS don't accept Filing Dates, CO would be a brave man to advance the Final Action Date sufficiently early (the only other alternative) to have sufficient cases ready for approval. That would probably lead to situation of more demand than available visas at that point of time. I'm not convinced he would follow this course of action, particularly if he sees any uptick in EB3-ROW demand.

I accept the above might be a complete load of ill thought out rubbish, but perhaps it can be a starting point for those that wish to discuss the issue.

[Spectator]

Spec,

Thanks for the comprehensive details/calculations.

Question to you/Spec, Q and other gurus.. I have EB2 Priority date of Early 2010 and I have EADs for me and my wife (as we filed for 485 Stage in 2012). My wife has EB3 priority date of late 2007 (as you know EB3 was never current so no 485 filed). The way things are going, it seems EB3 should be current sometime in 2018. Couple of questions -


1.Whenever EB3 dates are current, I don't think we need to file for 485 stage again. We just have to let them know that our 485 is already pending with EB2 (with Souse/my priority date of Early 2010). Now my question is - Is there any form that we need to fill. When the dates become current for EB3, how would they adjust/link this that our EB2 485 is already pending, they need to link/adjust my 485 file with EB3 priority date (with my wife's EB3 date). What's the process for that.
2.Once I get to know the process for my question 1, I believe I have to let them know whenever Filing dates are current, right (I don't think we need to wait for Final Action Dates to be current). Am I right on this?

Please advise, thanks for the help in advance.
Hope21,

I suggest you read the USCIS Policy Manual, Volume 7 – Adjustment of Status, Chapter 7 – Transfer of Underlying Basis which provides information pertinent to this situation.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter7.html

From a quick read, you'll have to make a request in writing to USCIS and the request cannot be made until a visa is immediately available (i.e. the PD is current for the new basis). The policy doesn't make any mention or differentiation between Filing Dates and Final Action Dates.

[AC_1980]

sorry for off topic question, our EAD/AP expires second week of dec 2017, we are planning to apply for renewal ourselves, have done that last 2 times. lawyer tells me that I can now apply for EAD/AP renewal 180 days in advance. I remember that used to be 120 days in advance. did that recently change?

[hope21]

Thanks a lot Spec, appreciate it.


Hope21,

I suggest you read the USCIS Policy Manual, Volume 7 – Adjustment of Status, Chapter 7 – Transfer of Underlying Basis which provides information pertinent to this situation.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter7.html

From a quick read, you'll have to make a request in writing to USCIS and the request cannot be made until a visa is immediately available (i.e. the PD is current for the new basis). The policy doesn't make any mention or differentiation between Filing Dates and Final Action Dates.

[AC_1980]

I would deeply appreciate if someone can weigh in on my post above. Looking to renew EAD and AP that expire mid dec 2017, we are in EB2 (c9 category for EAD).
1. Can we send in renewal for EAD 180 days in advance?
2. does the same apply to AP as well (180 days in advance)?
thank you

[imdeng]

I havent heard about any change to the 120 days limit. The EAD is automatically extended by 180 days if you file for renewal before the expiration - could that be what your lawyer is talking about? This extension is not for AP though.


sorry for off topic question, our EAD/AP expires second week of dec 2017, we are planning to apply for renewal ourselves, have done that last 2 times. lawyer tells me that I can now apply for EAD/AP renewal 180 days in advance. I remember that used to be 120 days in advance. did that recently change?

[imdeng]

I was mistaken. Here it is from the horse's mouth: https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled#p-759

As EAD and AP go together, my guess will be that it will work for both.


I havent heard about any change to the 120 days limit. The EAD is automatically extended by 180 days if you file for renewal before the expiration - could that be what your lawyer is talking about? This extension is not for AP though.

[toomuchguy]

I apologize for this being a little off topic but needed some help..
Applied for 4th H1B extension on March 31st(premium got transformed to regular), RFE was mailed on June 29th which seems to be lost in the mail. My employer is a regular ,non-consulting full time USA based company and company's HR (i.e not a lawyer) usually handles H1B applications. 2 weeks ago, she got in touch with USCIS again and was told that a new letter will be sent out soon...So far we haven't received anything yet ..

1. How much time we usually get to respond to RFE? I understand time to respond to RFE is specified in the letter but since my employer has not received the letter yet is the application in trouble now that 30 days have passed already?
2 The online status msg indicates we can file e-request on July 29th? If we do this , would they email us the letter?
3. I read somewhere that the petitioner has to prove that they never received the letter?How do we do that?

Since time is running out was wondering if the experts here can suggest the next steps for my employer ? Call Customer service, INFO PASS(not sure how risky this is) , hire a lawyer etc

Thanks

[redsox2009]

June 2017 Consular Processing Figures

DOS have published the figures for June 2017 https://travel.state.gov/content/visas/en/law-and-policy/statistics/immigrant-visas/monthly-immigrant-visa-issuances.html

Here's the analysis of the Employment Based Classes.

June 2017 Consular Processing - Employment Classes
Class --- China --- India --- Mexico --- Philippines ---- ROW --- Total
EB1 ------- 00 ------ 5 ------- 3 ------------ 0 ---- 160 ----- 168
EB2 ------- 05 ------ 6 ------- 1 ----------- 34 ---- 258 ----- 304
EB3 ------- 27 ----- 21 ------ 27 ---------- 247 ---- 252 ----- 574
EB4 -------- 2 ----- 31 ------- 0 ------------ 6 ---- 98 ----- 137
EB5 ------ 508 ----- 08 ------- 0 ------------ 0 ----- 175 ----- 691

Total ---- 542 ----- 71 ------ 31 ---------- 287 ---- 943 --- 1,874

[Spectator]

redsox2009,

Thanks for the heads up on the release and taking the time to compile the summary.

I made EB2-I 9 cases but otherwise calculated the same figures.

India E21 3
India E22 5
India E23 1

[tenyearsgone]

The general time for RFE response is 80 - 90 days. I doubt you are in trouble for that yet. Can't help much with the other questions though. Only suggestion for #3 is to document every correspondence (mail/call/email) you have with USICS in the meantime. For any mail you send, ensure you get USPS tracking and receipt confirmations.

Hiring a lawyer is worth the consideration.. just make sure you hire a good one. Best of luck!


I apologize for this being a little off topic but needed some help..
Applied for 4th H1B extension on March 31st(premium got transformed to regular), RFE was mailed on June 29th which seems to be lost in the mail. My employer is a regular ,non-consulting full time USA based company and company's HR (i.e not a lawyer) usually handles H1B applications. 2 weeks ago, she got in touch with USCIS again and was told that a new letter will be sent out soon...So far we haven't received anything yet ..

1. How much time we usually get to respond to RFE? I understand time to respond to RFE is specified in the letter but since my employer has not received the letter yet is the application in trouble now that 30 days have passed already?
2 The online status msg indicates we can file e-request on July 29th? If we do this , would they email us the letter?
3. I read somewhere that the petitioner has to prove that they never received the letter?How do we do that?

Since time is running out was wondering if the experts here can suggest the next steps for my employer ? Call Customer service, INFO PASS(not sure how risky this is) , hire a lawyer etc

Thanks


Disclaimer: This is just my opinion, not legal advice. Please consult a lawyer.

[incredible]

I would deeply appreciate if someone can weigh in on my post above. Looking to renew EAD and AP that expire mid dec 2017, we are in EB2 (c9 category for EAD).
1. Can we send in renewal for EAD 180 days in advance?
2. does the same apply to AP as well (180 days in advance)?
thank you

Yes. My attorney has been doing the same for the last couple of time. 180 days ahead of expiry date so that we have enough time to receive new EAD/AP.

[AC_1980]

Thank you everyone! I appreciate all the feedback I got here.

[tatikonda]

https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html


EB1-I is retrogressed to 2012.
EB2-I moved by 1 month
EB3-I moved by 3 months.

Regards

[YTeleven]

Amul,
Congrats!!

Anu,
you should be the next. your spouse can discard the 2010 PD now.

This 3 year old chart still has some steam: https://drive.google.com/file/d/0B89CvsiXVO92UnBIMC1qRDMzb0U/edit?usp=sharing
originally predicted on clearing the eb3I backlogs by Sep 30th last year but now we can expect it to happen by next 6 to 9 months.

By end of next year we can expect both the EB3I and EB2I PDs equate somewhere around 2008/2009 PDs (No MORE UPWARD porting) then we might see the movement in EB2I by reverse porting to EB3I.

[EB3Iwaiting]

Amul,
Congrats!!

Anu,
you should be the next. your spouse can discard the 2010 PD now.

This 3 year old chart still has some steam: https://drive.google.com/file/d/0B89CvsiXVO92UnBIMC1qRDMzb0U/edit?usp=sharing
originally predicted on clearing the eb3I backlogs by Sep 30th last year but now we can expect it to happen by next 6 to 9 months.

By end of next year we can expect both the EB3I and EB2I PDs equate somewhere around 2008/2009 PDs (No MORE UPWARD porting) then we might see the movement in EB2I by reverse porting to EB3I.

Welcome back YT!! Missed you. Your prediction was actually great and it would have certainly happened if CO had not misallocated GCs from EB3 to other categories in the past 2 years. I am certain it happened this year too. It is amazing that you predicted it 3 years ago when all was doom and gloom in EB3I.

I too saw Amulchandra got greened. Very happy for him. Anugc is next.

[amulchandra]

Amul,
Congrats!!

Anu,
you should be the next. your spouse can discard the 2010 PD now.

This 3 year old chart still has some steam: https://drive.google.com/file/d/0B89CvsiXVO92UnBIMC1qRDMzb0U/edit?usp=sharing
originally predicted on clearing the eb3I backlogs by Sep 30th last year but now we can expect it to happen by next 6 to 9 months.

By end of next year we can expect both the EB3I and EB2I PDs equate somewhere around 2008/2009 PDs (No MORE UPWARD porting) then we might see the movement in EB2I by reverse porting to EB3I.

Thank you very much. I am very surprised when I saw your post. Literally brought me to tears. This is just an example of how much we support each other as a backlogged community.

FYI for others- My green card got approved today. Got CPO texts and emails this morning.
This was a veeeery long journey. This forum kept me informed through out the process. Can't thank everyone enough. I hope everyone gets to the finish line soon.

[redsox2009]

I see two positive things in Sep Visa Bulletin.

1. EB2 World wide dates also moved, this is an indication for EB1 worldwide demand is lower than expected.
2. EB3 all countries except China advanced, which shows low demand.

Hopefully next year both EB2I and EB3I will have race competition.

[anuprab]

Amul,
Congrats!!

Anu,
you should be the next. your spouse can discard the 2010 PD now.

This 3 year old chart still has some steam: https://drive.google.com/file/d/0B89CvsiXVO92UnBIMC1qRDMzb0U/edit?usp=sharing
originally predicted on clearing the eb3I backlogs by Sep 30th last year but now we can expect it to happen by next 6 to 9 months.

By end of next year we can expect both the EB3I and EB2I PDs equate somewhere around 2008/2009 PDs (No MORE UPWARD porting) then we might see the movement in EB2I by reverse porting to EB3I.

YTEleven

Thank you for your kind words and yes we can discard the 2010 date hopefully. I couldnt agree more with EB3Iwaiting and Amul. Your chart back in 2014 or 2015 kept people like me and Amul going for the past few years. Thanks for giving us hope. Forever thankful for this forum for its no nonsense discussion backed by facts and some serious number crunching based on pathetic data that was available.

[anuprab]

Welcome back YT!! Missed you. Your prediction was actually great and it would have certainly happened if CO had not misallocated GCs from EB3 to other categories in the past 2 years. I am certain it happened this year too. It is amazing that you predicted it 3 years ago when all was doom and gloom in EB3I.

I too saw Amulchandra got greened. Very happy for him. Anugc is next.

I hope so to, just like Amul we have been discussing on few forums now and its become like a routine for most of us waiting for decades here.

[vedu]

This was a bittersweet year for EB2 India. Good things: EB3 India dates moved fast releasing significant porting pressure from EB2 for the next year, EB2I did not retrogress and continued to make slow but steady progress throughout the year. On the negative side, dates did not move as fast as some people wished due to lack of spillover visas. Now, the next bulletin is very important. We will get to see the new revised filing dates, which will give us an initial idea about how far the final action dates are expected to progress by the end of the next year for both EB2I and EB3I.

One thing looks certain now...sometime next year, EB2I will leave 2008 behind for good!

[justvi]

I used to write here under the name "justvisiting" but lost my password. I have silently followed the blog over the past 4 years. Since 2013, it is amazing to see the rate of advancement of EB-3. It is unclear to me how EB-3 ROW+M demand is still lower than that of EB-2, but that is the case when you check USCIS demand data. The inevitable result has occurred, and (although likely a fluke) the latest two visa bulletins have EB-3-ROW+M as C and not EB-2-WW.
For most on EB-2-WW, this will not be an issue. The time and effort to downgrade from EB2 to EB3 is not worth it, if all you have to do is wait a couple of months. But if the trends persist, we may well see a situation in the future were EB2 and EB3 reach an equilibrium, not only for China and India, but ROW and Mexico too. It will be interesting to see where this trend goes.

[amulchandra]

Q, Spec, YTeleven, eb3iwaiting, anu,


Finally a very long journey came to an end. Yesterday I received my physical green card.

My heartfelt thanks to everyone here . This forum always gave factual information based on data. This has given me hope and kept me going for the past many years. Thank you very much.

Good luck to all those who are waiting. Hope that some sanity prevails and this backlog will be fixed soon.

[suninphx]

Q, Spec, YTeleven, eb3iwaiting, anu,


Finally a very long journey came to an end. Yesterday I received my physical green card.

My heartfelt thanks to everyone here . This forum always gave factual information based on data. This has given me hope and kept me going for the past many years. Thank you very much.

Good luck to all those who are waiting. Hope that some sanity prevails and this backlog will be fixed soon.

Congratulations!

Its been ages we saw post about someone getting greened. enjoy!

[gcq]

Q, Spec, YTeleven, eb3iwaiting, anu,


Finally a very long journey came to an end. Yesterday I received my physical green card.

My heartfelt thanks to everyone here . This forum always gave factual information based on data. This has given me hope and kept me going for the past many years. Thank you very much.

Good luck to all those who are waiting. Hope that some sanity prevails and this backlog will be fixed soon.
Congrats, enjoy the freedom !

[Spectator]

Q, Spec, YTeleven, eb3iwaiting, anu,


Finally a very long journey came to an end. Yesterday I received my physical green card.

My heartfelt thanks to everyone here . This forum always gave factual information based on data. This has given me hope and kept me going for the past many years. Thank you very much.

Good luck to all those who are waiting. Hope that some sanity prevails and this backlog will be fixed soon.Amul,

So pleased for you!!

Happy times.

[imdeng]

Congratulations!! Its been some time since someone posted good news here - so good to have one of these after so long.


Q, Spec, YTeleven, eb3iwaiting, anu,


Finally a very long journey came to an end. Yesterday I received my physical green card.

My heartfelt thanks to everyone here . This forum always gave factual information based on data. This has given me hope and kept me going for the past many years. Thank you very much.

Good luck to all those who are waiting. Hope that some sanity prevails and this backlog will be fixed soon.

[EB3Iwaiting]

Got CO's latest check in with AILA, for what it's worth:

EB-2 Worldwide. The final action date for EB-2 Worldwide advances nine months in September, from April 1, 2015, to January 1, 2016. This category will become current again on October 1, 2017, and it should remain current for the foreseeable future.

EB-2 India. Smaller than anticipated EB-3 to EB-2 upgrade demand allows EB-2 India to advance one month to August 22, 2008, for September. Members should expect additional, slow movement of a few weeks at a time starting in October. It is hoped that the final action date for EB-2 India will be advanced to a date in December 2008 at some point between January and April 2018, depending on the level of EB-3 upgrade demand. Charlie is also hopeful that the final action date for EB-2 India could advance to a date in 2009 at some point during the second half of FY 2018.

EB-3 Worldwide. The EB-3 Worldwide final action date, which became current in August, is likely to remain current in October, absent significant demand materializing within the next few weeks. Demand for EB-3 Worldwide will have a significant impact on the ability of the EB-3 India final action date to advance significantly at the end of FY 2018, based on the availability of “otherwise unused” numbers.

EB-3 India. The final action date for EB-3 India advances three months in September to October 15, 2006, consistent with Charlie’s predictions. This category is expected to continue to advance at a pace of several weeks at a time as we enter the new fiscal year.

[dubnis]

[QUOTE=EB3Iwaiting;58620]Got CO's latest check in with AILA, for what it's worth: EB-3 Worldwide. The EB-3 Worldwide final action date, which became current in August, is likely to remain current in October, absent significant demand materializing within the next few weeks. Demand for EB-3 Worldwide will have a significant impact on the ability of the EB-3 India final action date to advance significantly at the end of FY 2018, based on the availability of “otherwise unused” numbers./QUOTE]
Dear Amigo!
I could not see the above on AILA site though. We have versions of predictions from other sources such as Murthy's website but this one above looks different and really a good one for all EB3I!

[HarepathekaIntezar]

Got CO's latest check in with AILA, for what it's worth:

EB-2 Worldwide. The final action date for EB-2 Worldwide advances nine months in September, from April 1, 2015, to January 1, 2016. This category will become current again on October 1, 2017, and it should remain current for the foreseeable future.

EB-2 India. Smaller than anticipated EB-3 to EB-2 upgrade demand allows EB-2 India to advance one month to August 22, 2008, for September. Members should expect additional, slow movement of a few weeks at a time starting in October. It is hoped that the final action date for EB-2 India will be advanced to a date in December 2008 at some point between January and April 2018, depending on the level of EB-3 upgrade demand. Charlie is also hopeful that the final action date for EB-2 India could advance to a date in 2009 at some point during the second half of FY 2018.

EB-3 Worldwide. The EB-3 Worldwide final action date, which became current in August, is likely to remain current in October, absent significant demand materializing within the next few weeks. Demand for EB-3 Worldwide will have a significant impact on the ability of the EB-3 India final action date to advance significantly at the end of FY 2018, based on the availability of “otherwise unused” numbers.

EB-3 India. The final action date for EB-3 India advances three months in September to October 15, 2006, consistent with Charlie’s predictions. This category is expected to continue to advance at a pace of several weeks at a time as we enter the new fiscal year.

@Spectator @YTeleven and other Gurus,

Can anyone explain how the math is going to work for EB2I? See post # 245.

http://www.trackitt.com/usa-discussion-forums/i485-eb/1773447041/oct-2017-vb-prediction/page/10

[EB3Iwaiting]

@Spectator @YTeleven and other Gurus,

Can anyone explain how the math is going to work for EB2I? See post # 245.

http://www.trackitt.com/usa-discussion-forums/i485-eb/1773447041/oct-2017-vb-prediction/page/10

EB2I movement in the September VB proves that the April inventory for EB2I is incorrect. There is no way there can a reduction in inventory in 2009 and an increase in inventory in late 2008 when EB2I dates never reached those dates. Hopefully, they release the July inventory with the EB2I inventory corrected. They did not release a July one last year.

That being said, I still think some GCs were taken out of EB3 and probably given to EB2. CO did not move the EB3I dates aggressively enough thinking that EB3ROW demand will jump up. His conservative approach towards EB3 keeps hurting the entire category. How many GCs were actually moved from EB3 to EB2, we will know next year when the annual report comes out.

[srimurthy]

08/15/2017: Approaching Trial Times for DACA Community and H-4 EAD Community

Is there a possibility that the H4-EAD rule be rolled back? What's are the thoughts of the guru's and anyone having additional inputs. The whole in-efficiency seen around all departments for an advanced country just seems to be ridiculous. The one hope for spouse to work, is it going to be short lived... with so much delays in EB2 and EB3 dates.

[usvisas]

Since 2010, below are visa numbers that were given to EB2I & EB3I. What is the biggest factor that has brought the numbers down from 2015? Is it EB1I, EBROW demand..?


2010 19961 2856
2011 23997 3954
2012 19726 2758
2013 17193 7763
2014 23527 3465
2015 7235 7003
2016 3930 4583

[pridhvi]

Got CO's latest check in with AILA, for what it's worth:

EB-2 Worldwide. The final action date for EB-2 Worldwide advances nine months in September, from April 1, 2015, to January 1, 2016. This category will become current again on October 1, 2017, and it should remain current for the foreseeable future.

EB-2 India. Smaller than anticipated EB-3 to EB-2 upgrade demand allows EB-2 India to advance one month to August 22, 2008, for September. Members should expect additional, slow movement of a few weeks at a time starting in October. It is hoped that the final action date for EB-2 India will be advanced to a date in December 2008 at some point between January and April 2018, depending on the level of EB-3 upgrade demand. Charlie is also hopeful that the final action date for EB-2 India could advance to a date in 2009 at some point during the second half of FY 2018.

EB-3 Worldwide. The EB-3 Worldwide final action date, which became current in August, is likely to remain current in October, absent significant demand materializing within the next few weeks. Demand for EB-3 Worldwide will have a significant impact on the ability of the EB-3 India final action date to advance significantly at the end of FY 2018, based on the availability of “otherwise unused” numbers.

EB-3 India. The final action date for EB-3 India advances three months in September to October 15, 2006, consistent with Charlie’s predictions. This category is expected to continue to advance at a pace of several weeks at a time as we enter the new fiscal year.


DOL's perm statistics show a huge drop of approvals since mid-July. In the last 30 days, DOL processed 3000 cases (ROW 2000). It usually would be around 8000-9000. Approvals for the same period in 2016 was 9000, out of which ROW was 6000. This includes both EB2 and EB3. Assuming that there is a drop of 65% in PERM approvals, this should translate to a lower demand in the coming months. Can we assume that, if this trend continues for an year, there will be a large horizontal SO for EB2 (and EB3)? I calculated the SO to be roughly 20K based on my assumption that there will be 60% fewer cases from ROW. This leaves us with 60% of 34K (leaving india and china = 40K-6K) = roughly 20K+2.8K for EB2. Am i right in my calculation here, ofcourse assuming that the perm application received/processed is at the same rate for atleast 11 more months.

[4WatItsWorth]

Hi Spec, Q, Gurus,

There is a user on trackitt predicting with great confidence that EB2-I will reach Jan1 2010 by FY 18 end. Has something changed, does 2018 outlook really suddenly look that good? I, along with many many others, am sure would be elated if that is the case but I am not sure it is really true.

Thanks,
4W

[pridhvi]

Hi Spec, Q, Gurus,

There is a user on trackitt predicting with great confidence that EB2-I will reach Jan1 2010 by FY 18 end. Has something changed, does 2018 outlook really suddenly look that good? I, along with many many others, am sure would be elated if that is the case but I am not sure it is really true.

Thanks,
4W

I think his confidence stems from the fact that PERM processing slowed down for EB2/EB3 by almost 65% compared to last year in the last 40 days. If this trend continues, there will be a spillover of 35K into these categories (20-24k for EB2I and 10-15K for EB3I based on the ROW usage last year and taking this drop into consideration). there might be other facts too that I am not aware of

Spec/Q/YTEleven, I have been following your analysis for a long time and want to thank you for all the inputs and analysis you guys do. yo

[na_dev]

Another delay in employment based GC will start from Oct-1


All Employment based visa to GC will go through mandatory F2F interview process.

http://www.politico.com/story/2017/08/25/trump-administration-green-card-hurdle-242050

[abcx13]

Another delay in employment based GC will start from Oct-1


All Employment based visa to GC will go through mandatory F2F interview process.

http://www.politico.com/story/2017/08/25/trump-administration-green-card-hurdle-242050


Maybe it will be waived for people already here? What's the point of extreme vetting people who are already here? Then again, logic doesn't matter with Trump.

[vedu]

Another delay in employment based GC will start from Oct-1


All Employment based visa to GC will go through mandatory F2F interview process.

http://www.politico.com/story/2017/08/25/trump-administration-green-card-hurdle-242050

Anything that slows down the process is good for the backlogged applicants and anything that makes the process more efficient is bad news for the backlogged applicants. This sounds counter-intuitive, but it is true! So let's be happy!;)

[anuprab]

Experts in the forum. not sure if this is the right thread but anyone has any idea on how much to wait after submitting RFER before initiating service requests. Also what are the steps to take. Do we raise SR first, infopass appt, contact congressman... anyone who has done this before?

[tatikonda]

its Official Now !!

https://www.uscis.gov/news/news-releases/uscis-to-expand-in-person-interview-requirements-for-certain-permanent-residency-applicants

[anuprab]

Got the much coveted text that my card is being produced and dependents 485 has been approved. Finally wait is over after 11 long years. Thanks Spec, YTeleven,Q, Eb3iwaiting ans everyone else in this for for keeping my hopes alive with all the number crunching! You all rock!

[gcq]

Got the much coveted text that my card is being produced and dependents 485 has been approved. Finally wait is over after 11 long years. Thanks Spec, YTeleven,Q, Eb3iwaiting ans everyone else in this for for keeping my hopes alive with all the number crunching! You all rock!
Yay ! Congrats. Enjoy the new found freedom !

[EB3Iwaiting]

Got the much coveted text that my card is being produced and dependents 485 has been approved. Finally wait is over after 11 long years. Thanks Spec, YTeleven,Q, Eb3iwaiting ans everyone else in this for for keeping my hopes alive with all the number crunching! You all rock!

On 4/28, you were worried and wondering what you can do and on 4/29 you received the magic text. Congratulations!

[anuprab]

On 4/28, you were worried and wondering what you can do and on 4/29 you received the magic text. Congratulations!

Such is life! thanks

[srimurthy]

its Official Now !!

https://www.uscis.gov/news/news-releases/uscis-to-expand-in-person-interview-requirements-for-certain-permanent-residency-applicants

Interesting, and does this make people appearing for EB1 interviews on IT end defending their special skills may become difficult and possibility to get more for EB2. Also more possible chances for rejections in all categories.

[abcx13]

Interesting, and does this make people appearing for EB1 interviews on IT end defending their special skills may become difficult and possibility to get more for EB2. Also more possible chances for rejections in all categories.

Yeah, that's what I was thinking. Could be good if more denials mean more SOFAD, but bad if one's own application is denied!

[gten20]

Got the much coveted text that my card is being produced and dependents 485 has been approved. Finally wait is over after 11 long years. Thanks Spec, YTeleven,Q, Eb3iwaiting ans everyone else in this for for keeping my hopes alive with all the number crunching! You all rock!

Congratulations!

[anuprab]

Congratulations!

Thanks. I hope everyone who has responded to RFE gets approved soon. this last leg of waiting was way more stressful than last 11 years. This forum has kept my sanity for the last couple of years. Cant forget YTeleven's chart, it came at a time when I had lost all hopes of getting a greencard on EB3.

[redsox2009]

July 2017 Consular Processing Figures

DOS have published the figures for July 2017 https://travel.state.gov/content/visas/en/law-and-policy/statistics/immigrant-visas/monthly-immigrant-visa-issuances.html

Here's the analysis of the Employment Based Classes.

July 2017 Consular Processing - Employment Classes

Class --- China --- India --- Mexico --- Philippines---- ROW --- Total
EB1 ------- 00 ------ 2 ------- 2 ------------ 0 ---- 208 ----- 212
EB2 ------- 09 ------ 1 ------- 4 ----------- 30 ---- 224 ----- 268
EB3 ------- 09 ----- 18 ------ 18 ---------- 255 ---- 299 ----- 599
EB4 -------- 0 ----- 04 ------- 0 ------------12 ---- 202 ----- 218
EB5 ------ 444 ----- 05 ------- 3 ----------- 0 ----- 179 ----- 631

Total ---- 462 ----- 30 ------ 27 ---------- 297 ----1112 --- 1,928

[whereismygc]

We are giving away all forecast plans proceeds from this weekend towards the benefit of Harvey victims.

And you get 50% off on all forecasting plans. Buy your membership today and establish clarity to the GC timelines.

p.s. - We are extending this until Friday. Thank you for your positive response.

[idliman]

What's the prediction for EB2I 2009 to Clear? My PD is a week before 01DEC09. Is May 2020 the worst case scenario? Optimistically or realistically what?

[EB3Iwaiting]

Unfortunately, no July pending inventory again. Looks like this has become the norm.

[idliman]

Unfortunately, no July pending inventory again. Looks like this has become the norm. Unfortunately without the release of the next Pending Inventory we are a little bit blank and cannot see the light at the end of the tunnel. Hope for the best.

[redsox2009]

My guesstimate for OCT Bulletin, Most likely there could be cutoff dates for EB1 I and EB2. Since everyone has to go through interviews, and they want to adjust/come-up with plan for their resources.

[eb2visa]

What happened to Visa Bulletin? Looks like they are still crunching the numbers.

Gurus, any predictions?

[Spectator]

The October 2017 VB has been published. https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-october-2017.html

EB1

All Current

EB2-I

Final Action Date - 15SEP08
Filing Date - 08FEB09

EB3-I

Final Action Date - 15OCT06
Filing Date - 01JAN08

From the VB:


F. VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1: Up to several months
F2A: Up to one month
F2B: Up to one month
F3: Three or four weeks
F4: Two or three weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First: The category will remain “Current”.

Employment Second:

Worldwide: Current

China: Up to four weeks

India: Up to one month

Employment Third:

Worldwide: Current

China: Up to four months

India: Limited forward movement

Mexico: Current

Philippines: Up to two months

Employment Fourth: Current for most countries.

El Salvador, Guatemala, Honduras: Up to three weeks

Mexico: some forward movement

Employment Fifth: The category will remain “Current” for most countries.

China-mainland born: Up to one week

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January based on current applicant demand patterns. Readers should never assume that recent trends in final action date movements are guaranteed for the future, or that "corrective" action will not be required at some point in an effort to maintain number use within the applicable annual limits. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables.

[idliman]

EB3-I Filing Date - 01JAN08
EB3-I Final Action Date - 15OCT06

Finally EB3-I is in uncharted territory. Much needed good news for them. Hopefully the kids haven't aged out for some.

[vyruss]

EB3-I Filing Date - 01JAN08
EB3-I Final Action Date - 15OCT06

Finally EB3-I is in uncharted territory. Much needed good news for them. Hopefully the kids haven't aged out for some.

This essentially gives some people an opportunity to file I-485 applications in EB3I. Is this a correct assessment?

[idliman]

This essentially gives some people an opportunity to file I-485 applications in EB3I. Is this a correct assessment? Yes. I believe the USCIS accepts the filing dates in the first quarter (For example in Oct 2016). So we have to wait and see the USCIS website below.
https://www.uscis.gov/visabulletininfo

[suninphx]

Thanks Spec! Are you surprised by prediction/expectation that EB2-I would move up to 1 month until January? Frankly I am little bit surprised (on +ve side). Better year ahead for EB2-I?

[srimurthy]

Yes. I believe the USCIS accepts the filing dates in the first quarter (For example in Oct 2016). So we have to wait and see the USCIS website below.
https://www.uscis.gov/visabulletininfo
Do we expect anyone to waiting for filing their in EB3 for 10+ years and not port to EB2 already?
Guru's are we expecting any filings and if yes how many for EB3I between those 2006 and 2008 years?

I am thinking that should be very minimal numbers as all of them would have qualified for 5+ years of work ex and would have been eligible for EB2.

[GCdreamz]

Do we expect anyone to waiting for filing their in EB3 for 10+ years and not port to EB2 already?
Guru's are we expecting any filings and if yes how many for EB3I between those 2006 and 2008 years?

I am thinking that should be very minimal numbers as all of them would have qualified for 5+ years of work ex and would have been eligible for EB2.

For EB3, based on 2007 July-Aug Inventory, my guess is 200 people per month in mid 2007 to 2008 End waiting to file without porting to EB2.

I am hoping for EB2 & EB3 to have same priority date by Final Quarter of 2018. Hope Apr 2018 bulletin (2nd half of 2018) will have revised and more positive forecast. We need at least 12K-16K between EB2 & EB3 to see good movement in the dates.

[SV2007]

Hi Spec / All,

I am in EB3I and my priority date is September 2007. I am working with the same employer for the past 10+ years. Assuming USCIS accepts the filing dates - I may be able to file for AOS on October 1st.

My H1 extension is currently in progress and my I-94 end date is September 25, 2017. If USCIS accepts the filing dates, will I be able to apply for AOS or do I need to wait for my H1 extension to be approved before filing for AOS?

Could you please share your thoughts?

[bluelabel]

Hi Spec / All,

I am in EB3I and my priority date is September 2007. I am working with the same employer for the past 10+ years. Assuming USCIS accepts the filing dates - I may be able to file for AOS on October 1st.

My H1 extension is currently in progress and my I-94 end date is September 15, 2017. If USCIS accepts the filing dates, will I be able to apply for AOS or do I need to wait for my H1 extension to be approved before filing for AOS?

Could you please share your thoughts?

You do not have to wait for H1 approval. I did file my 485 while H1B extension is pending in 2012.

[SV2007]

You do not have to wait for H1 approval. I did file my 485 while H1B extension is pending in 2012.

Thank you very much.

[jimmys]

https://www.uscis.gov/visabulletin-oct-17

Bummer!

[SV2007]

It's sad that filing dates are not accepted this month. Being the first month of the financial year, I was hopeful that filing dates will be accepted but not everything goes as per our expectation.

Spec / YTEleven / Guru's - Would you think filing dates will be accepted in the coming bulletins or do we need to wait for final action dates only going forward?

[idliman]

It's sad that filing dates are not accepted this month. Being the first month of the financial year, I was hopeful that filing dates will be accepted but not everything goes as per our expectation.
Per April 2017 inventory (if it is still to be trusted) there are still 3000+ EB3I pending in queue from Oct 2016 to July 2017. So CO does not need to build inventory immediately. Even though it affects people who can file for EAD's immediately, in the longer run this may help. The immigration game is so complicated that sometime when we think it is going to affect us, it may help. So we should stay positive.

[vedu]

Hi Spec and other gurus,

I have an important question to ask. Is working on EAD part time for a second employer voids one's H-1B status with the primary employer? Or has it no impact on the H-1B status? In case if H-1B is void, can it be reinstated by the primary employer by filing for extension? Is it allowed? Also, can you please point me to some official web link or a lawyer's opinion on this matter? Thanks in advance!

[altek001]

Dear Members,
I am a recently joined member and need input on prediction of my priority date.

Mine is EB2 India .. Nov 3. 2010. Please advise.

Thanks

[Spectator]

Hi Spec and other gurus,

I have an important question to ask. Is working on EAD part time for a second employer voids one's H-1B status with the primary employer? Or has it no impact on the H-1B status? In case if H-1B is void, can it be reinstated by the primary employer by filing for extension? Is it allowed? Also, can you please point me to some official web link or a lawyer's opinion on this matter? Thanks in advance!
vedu,

Unfortunately, there is no simple answer to this question.

The conventional wisdom (and safest interpretation) is that using an EAD for part time work will cause the person to lose H1B status, since the H1B only authorizes the person to work for the H1B sponsoring company.

In 2008, AILA put the case to USCIS (link (https://www.uscis.gov/sites/default/files/files/nativedocuments/AILA_2Apr08.pdf) [Item 24 and Addendum III]) that "moonlighting" using an EAD should not terminate the H1B status.

The USCIS reply was that they would "take this matter under advisement" (i.e. they would think about it). To my knowledge, USCIS has never made any further statement on the matter since that date.

[skpanda]

Dear Members,
I am a recently joined member and need input on prediction of my priority date.

Mine is EB2 India .. Nov 3. 2010. Please advise.

Thanks


This is my opinion and gut feeling... Others may disagree:

Assuming there is no legislative relief or any major Spillover -

You can file 485/EAD around Oct 2020. Get Green card in hand around 2023-2025.

Note: My PD is around your date.

Free advice: Forget about green card and focus on other important things in life..

[altek001]

This is my opinion and gut feeling... Others may disagree:

Assuming there is no legislative relief or any major Spillover -

You can file 485/EAD around Oct 2020. Get Green card in hand around 2023-2025.

Note: My PD is around your date.

Free advice: Forget about green card and focus on other important things in life..



Thank you for your response. I was wondering if you possiblly had data to back up your estimation of filing 485 around oct 2020.

This is a generic question to all members reading this forum....."DACA is getting a lot of attention in media and by chuck grassley report about 40K from the 800K daca recipients received green card and 1000 became US citizens. These were illegals to begin with and started DACA process in 2012.

We have been waiting very long with no end in sight and the dates keep getting back and forth as its a play game.

what should be we doing seriously to make our voices heard? Its time to think and act differently.Yoder on the house floor asking to remove per country cap is not going to work as a few congressmen put the same rhetoric in the year 2010
"

[asankaran]

Link to latest inventory https://www.uscis.gov/sites/default/files/EB_I_485_Pending_Inventory_August17.pdf

[vedu]

vedu,

Unfortunately, there is no simple answer to this question.

The conventional wisdom (and safest interpretation) is that using an EAD for part time work will cause the person to lose H1B status, since the H1B only authorizes the person to work for the H1B sponsoring company.

In 2008, AILA put the case to USCIS (link (https://www.uscis.gov/sites/default/files/files/nativedocuments/AILA_2Apr08.pdf) [Item 24 and Addendum III]) that "moonlighting" using an EAD should not terminate the H1B status.

The USCIS reply was that they would "take this matter under advisement" (i.e. they would think about it). To my knowledge, USCIS has never made any further statement on the matter since that date.

Spec,

Thank you for your response and the link. My own research also led me to similar conclusion that this is a gray area. It is at least comforting to know that the USCIS did not explicitly reject AILA's opinion in its response. I believe a new H-1B renewal once approved will put the matter to rest.

[vedu]

Link to latest inventory https://www.uscis.gov/sites/default/files/EB_I_485_Pending_Inventory_August17.pdf

That is important data point we have now. Unfortunately for EB2I, it looks like there is no getting out of 2009 this year:( , but good year ahead for EB3I.

[Spectator]

It's a shame the Philippines data is missing from the Inventory data.
By process of subtraction, the derived figures would be:

Country -------- EB1 ---- EB2 ---- EB3 ---- EW ---- EB4 ---- EB5 ---- Total
Philippines -- 4,424 -- 1,239 -- 1,247 ---- 60 ----- 78 ------ 1 ---- 7,049

This compares to the following figures for April 2017:

Country -------- EB1 ---- EB2 ---- EB3 ---- EW ---- EB4 ---- EB5 ---- Total
Philippines ---- 177 -- 1,141 -- 2,384 ---- 83 ----- 57 ------ 0 ---- 3,842

The difference in the EB1 figure stands out. It is a factor bigger than EB1-Philippines has ever been before (generally under 200), so the authenticity must be doubtful.

Edit: Definitely something screwy with the EB1 figures. Subtractions give Philippines 3.4k EB1 cases in 2007/2008 and some months /years have negative values. That calls into question whether the 60.3k total EB1 cases is correct.

Fed up of the sloppiness USCIS has shown recently towards the Inventory figures!!

[EB3Iwaiting]

No one else other than the Indians or Chinese to some extend care about the inventory numbers. It is a surprise in itself that they actually released something. At this point, USCIS derives sadistic pleasure that we simply collect all the bread crumbs they throw at us.

Also, under Trump administration, this is the first time that USCIS is not accepting Filing Dates even for the Oct VB. Lives of legal immigrants waiting in line will only get harder from now on. The anti-immigrants are finally empowered. They are following their agenda - "Make lives of those waiting in line legally so that even they will eventually get frustrated and leave".

http://thehill.com/homenews/administration/351498-trump-making-it-harder-for-skilled-foreigners-to-work-in-us-report

[imdeng]

It really is a sight to behold. Its as if there is no due diligence, no oversight, no fact checking in USCIS. How can a large, well funded organization even throw out data which is clearly wrong.

...

Fed up of the sloppiness USCIS has shown recently towards the Inventory figures!!

[imdeng]

Getting out of 2009 for EB2I is pipe dream at this point. We might not even reach middle of 2009.

That is important data point we have now. Unfortunately for EB2I, it looks like there is no getting out of 2009 this year:( , but good year ahead for EB3I.

[vedu]

Getting out of 2009 for EB2I is pipe dream at this point. We might not even reach middle of 2009.

Unfortunately I have to agree with you here. We know the demand side of the equation. If the supply side of the equation remains tight, we will spend at least next two years in 2009.

[Jagan01]

It's a shame the Philippines data is missing from the Inventory data.
By process of subtraction, the derived figures would be:

Country -------- EB1 ---- EB2 ---- EB3 ---- EW ---- EB4 ---- EB5 ---- Total
Philippines -- 4,424 -- 1,239 -- 1,247 ---- 60 ----- 78 ------ 1 ---- 7,049

This compares to the following figures for April 2017:

Country -------- EB1 ---- EB2 ---- EB3 ---- EW ---- EB4 ---- EB5 ---- Total
Philippines ---- 177 -- 1,141 -- 2,384 ---- 83 ----- 57 ------ 0 ---- 3,842

The difference in the EB1 figure stands out. It is a factor bigger than EB1-Philippines has ever been before (generally under 200), so the authenticity must be doubtful.

Edit: Definitely something screwy with the EB1 figures. Subtractions give Philippines 3.4k EB1 cases in 2007/2008 and some months /years have negative values. That calls into question whether the 60.3k total EB1 cases is correct.

Fed up of the sloppiness USCIS has shown recently towards the Inventory figures!!

I had lost all hopes and stopped visiting the forums. Just releasing the inventory by itself is something that made me happy.

At least EB2I would move to 2009 for FY18.

[altek001]

Can someone please share on the number of applicants filing PERM for FY2010( Oct 2009 to Sep 2010) for EB1, EB2 and EB3 by country of chargeability?. What would be the total number of perm applicants for that year?

[altek001]

No one else other than the Indians or Chinese to some extend care about the inventory numbers. It is a surprise in itself that they actually released something. At this point, USCIS derives sadistic pleasure that we simply collect all the bread crumbs they throw at us.

Also, under Trump administration, this is the first time that USCIS is not accepting Filing Dates even for the Oct VB. Lives of legal immigrants waiting in line will only get harder from now on. The anti-immigrants are finally empowered. They are following their agenda - "Make lives of those waiting in line legally so that even they will eventually get frustrated and leave".

http://thehill.com/homenews/administration/351498-trump-making-it-harder-for-skilled-foreigners-to-work-in-us-report


I think DOJ/ Trump administration is in the process of closing H1/L1/H4 EAD loopholes by issuing increased RFE's. Gone are the days when PP was filed to make USCIS work fast in the 15 day TAT. 45% RFE's issued is a clear signal to worry about. In the DACA bill, they are proposing cuts to H1b from 65K to 50K, and include elimination of country cap limits as this helps DACA as they are predominantly from Mexico. H4 EAD is sure to get impacted September 2017.

What I am thinking is, by closing the Non- Immigrant visa loopholes, USCIS will ask DACA applicants to get in line for green cards. We should take this news positively, as DACA folks will not wait many years (like us) and this could help us to a great extent. They will need to remove the country caps as Mexico needs a chunk of Visa numbers for DACA recipients, thereby Indian and Chinese applicants are sure to get that big slice from the Pie. :o

[altek001]

This is breaking news on cuts to Immigrant visas from a few countries. Let's hope the spillover benefits us.

https://travel.state.gov/content/travel/en/news/important-announcement.html

[Spectator]

This is breaking news on cuts to Immigrant visas from a few countries. Let's hope the spillover benefits us.

https://travel.state.gov/content/travel/en/news/important-announcement.html
altek001,

I don't think people should revel in the pain of others as a way to get extra visas for themselves. It's unbecoming.

In any case, it has virtually no effect.

For FY2016, the total number of GC issued to the affected countries was 1,991 which was 1.4% of total approvals. Iran accounted for 79.5% of these.

It's not clear whether the proclamation also applies to AOS, or only applies to those visas issued at consulates. The total number of immigrant visas issued at consulates to the affected countries in FY2016 was 384. 133 were issued to EB1, 81 were issued to EB2 and 90 were issued to EB3.

Iran accounted for 76.6% of immigrant visas issued and 86.8% of those issued in EB1-EB3.

[altek001]

altek001,

I don't think people should revel in the pain of others as a way to get extra visas for themselves. It's unbecoming.

In any case, it has virtually no effect.

For FY2016, the total number of GC issued to the affected countries was 1,991 which was 1.4% of total approvals. Iran accounted for 79.5% of these.

It's not clear whether the proclamation also applies to AOS, or only applies to those visas issued at consulates. The total number of immigrant visas issued at consulates to the affected countries in FY2016 was 384. 133 were issued to EB1, 81 were issued to EB2 and 90 were issued to EB3.

Iran accounted for 76.6% of immigrant visas issued and 86.8% of those issued in EB1-EB3.

Dear Spectator,
It does not give much pleasure in me doing that. Indians have been discriminated long enough with country quota caps, back tracking of visa bulletins(oct 2015) and visa retrogression. In 2012, the PD was may 2010 and I thought it was close, but USCIS pushed the dates back. There is no country caps on h1, but there is on GC... Why ? America needs cheap temporary labor where folks can come and go or wait longer if they really need green cards.... I do not see any other reason than this, played very well by USCIS. For a moment.... think, the revenue USCIS generates on H1, H4, RFE, EAD and exorbitant AP and 485 filings.

If other countries can benefit by pushing our green cards in backlog when they applied after us, then there is nothing wrong to benefit numbers (though paltry) from this Sep 24 ban. I have been waiting for GC for long and have seen EB3 folks marrying ROW just for the sake of chargeability. You will now realize this is not a level playing field where everyone is treated equal. While you may not agree with me, Just thought of putting a few pointers.

[geniusmag]

Dear Spectator,
It does not give much pleasure in me doing that. Indians have been discriminated long enough with country quota caps, back tracking of visa bulletins(oct 2015) and visa retrogression. In 2012, the PD was may 2010 and I thought it was close, but USCIS pushed the dates back. There is no country caps on h1, but there is on GC... Why ? America needs cheap temporary labor where folks can come and go or wait longer if they really need green cards.... I do not see any other reason than this, played very well by USCIS. For a moment.... think, the revenue USCIS generates on H1, H4, RFE, EAD and exorbitant AP and 485 filings.

If other countries can benefit by pushing our green cards in backlog when they applied after us, then there is nothing wrong to benefit numbers (though paltry) from this Sep 24 ban. I have been waiting for GC for long and have seen EB3 folks marrying ROW just for the sake of chargeability. You will now realize this is not a level playing field where everyone is treated equal. While you may not agree with me, Just thought of putting a few pointers.

I see people of all different color, cast , creed and nationality get GC much earlier even though I have been here for 13 years. What exactly is my fault ? How can I change my country of birth please ?

[saagar_is_cool]

Hi All,

Posting here for visibility and advise. I have filed for my EAD renewal (I-485 AOS and second renewal) and Receipt Date was June 30 2017 for me and the spouse. My EAD/AP expires on Oct 25 2017. I am at around 90 days since the filing and no response beyond the Receipt Notice. Last time, I raised a SR at 75 days saying it is approaching " Approaching Regulatory Timeframe “service request" on my EAD/AP renewal". But one of my friends told me this time that due to 180 day automatic extension, raising SR at 75 days is no longer an option and it should be at 165 days. Which is true. Does anyone have experience in this regard. Please advise.

[altek001]

I see people of all different color, cast , creed and nationality get GC much earlier even though I have been here for 13 years. What exactly is my fault ? How can I change my country of birth please ?

You are not at fault at all, my friend. I have seen it all along the way. If you are unmarried, consider getting married to one who is from ROW.

Even lawyers like murthy, Rajiv khanna, Greg Siskind who are considered key folks for Pro-legal immigration haven't done anything as they get to benefit from our money.

When DACA illegals can get their voices heard and every news channel can trumpet their voice, what can't WE , living legally get our voiced heard?.

When Apple, Google and IBM CEO's can support DACA, why can't they raise concern on their thousands of Employees stuck in Green card Backlog?

Will a demonstration at the white house help in getting our voices heard? Absolutely...but i have not seen any Legal Immigration Groups organize that kind of event...The Indian Legal community is on its own. There is not going to be any legistation, or country cap elimination UNLESS we protest.

[mechanical13]

Hi All,

Posting here for visibility and advise. I have filed for my EAD renewal (I-485 AOS and second renewal) and Receipt Date was June 30 2017 for me and the spouse. My EAD/AP expires on Oct 25 2017. I am at around 90 days since the filing and no response beyond the Receipt Notice. Last time, I raised a SR at 75 days saying it is approaching " Approaching Regulatory Timeframe “service request" on my EAD/AP renewal". But one of my friends told me this time that due to 180 day automatic extension, raising SR at 75 days is no longer an option and it should be at 165 days. Which is true. Does anyone have experience in this regard. Please advise.

There is no change in the ability to request a service request after 75 days have elapsed.

https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

They won't categorize the request as "regulatory time frame" approaching, but they will continue to take action.

Hope this helps.

[Spectator]

Latest report from CO's monthly meeting with AILA:


VISA BULLETIN ANALYSIS, PREDICTIONS THROUGH 2017

by CMusillo
09-26-2017 at 09:31 AM

The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association. Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.

This month’s Check In With Charlie featured projections for EB2 and EB3, which are the most popular categories for readers of this Blog. Here are some of this month’s highlights, along with our analysis:

EB-2 and EB-3 Worldwide.

These categories will remain current for the foreseeable future.

EB-2 India.

This category is expected to progress one month at a time. It should move into 2009 sometime in early 2018.

EB-3 India.

This category will not progress in November because of heavy demand at the end of the last fiscal year. It may slowly progress in December.

EB-3 Philippines.

In FY 2018, we will not see this category move nearly as fast as it did in FY 2017. Phils EB-3 is expected to progress 1-2 months per Visa Bulletin in the future.

Link (http://blogs.ilw.com/entry.php?10146-VISA-BULLETIN-ANALYSIS-PREDICTIONS-THROUGH-2017)

[iatiam]

"U.S. will phase out program for Central American child refugees" - http://www.reuters.com/article/us-usa-immigration-minors/u-s-will-phase-out-program-for-central-american-child-refugees-idUSKCN1C234G

how will this affect spillover from eb4 category

[geniusmag]

Latest report from CO's monthly meeting with AILA:



Link (http://blogs.ilw.com/entry.php?10146-VISA-BULLETIN-ANALYSIS-PREDICTIONS-THROUGH-2017)

They keep putting out these random dates every now and then . I have been following these comments from AILA/CO from years and yet to come across a time when they actually put their money where their mouth is.

Does they really have any credibility left ? Honestly, I feel more value in someone like Spec predicting or forecasting future date movements.

[Spectator]

"U.S. will phase out program for Central American child refugees" - http://www.reuters.com/article/us-usa-immigration-minors/u-s-will-phase-out-program-for-central-american-child-refugees-idUSKCN1C234G

how will this affect spillover from eb4 categoryiatiam,

I'm not sure it has much effect.

As I understand from the article, the CAM program allowed pre-approval in their own Country as an alternative to making the trip.

SIJ cases are already in the USA and have been processed through the US court system prior to the I-360/I-485 applications.

At the end of Q3, USCIS had received 16.4k I-360 SIJ applications for FY2017. There had been 10.3k I-360 SIJ approvals and 13.4k SIJ cases remained pending.

For I-360 as a whole (including SIJ) USCIS received 28.8k cases in FY2017 to the end of Q3, 18.6k I-360 had been approved and 32.3k remained pending.

I think it will be at least a couple more years before there is any chance of lower EB4 approvals even if the SIJ program were to be scrapped. Even without those cases, EB4 has pretty healthy demand.

I think it's also true to say that more than enough demand in EB1 exists to use up any unused visas from EB4.

[redsox2009]

August 2017 Consular Processing Figures

DOS have published the figures for August 2017 https://travel.state.gov/content/visas/en/law-and-policy/statistics/immigrant-visas/monthly-immigrant-visa-issuances.html

Here's the analysis of the Employment Based Classes.

August 2017 Consular Processing - Employment Classes

Class --- China --- India --- Mexico --- Philippines---- ROW --- Total
EB1 ------- 00 ------ 0 ------- 1 ------------ 0 ---- 223 ----- 224
EB2 ------- 10 ------ 13------- 0 ----------- 06 ---- 019 ----- 048
EB3 ------- 02 ----- 09 ------ 02 ---------- 197 ---- 374 ----- 588
EB4 -------- 0 ----- 14 ------- 0 ------------08 ---- 136 ----- 158
EB5 ------ 659 ----- 11 ------- 4 ----------- 0 ----- 232 ----- 906

Total ---- 675 ----- 47 ------ 07 ---------- 211 ---- 984 --- 1,924

[Spectator]

redsox2009,

Thanks for the heads up.

I get slightly different figures:

Country --------- EB1 --- EB2 --- EB3 --- EB4 --- EB5 --- Total
China ------------- 0 ---- 10 ----- 6 ----- 0 --- 669 ----- 685
India ------------- 0 ---- 13 ----- 9 ---- 14 ---- 11 ------ 47
Mexico ------------ 1 ----- 0 ----- 2 ----- 0 ----- 4 ------- 7
Philippines ------- 0 ----- 6 --- 312 ----- 8 ----- 0 ----- 326
ROW ------------- 223 ---- 19 --- 374 --- 136 --- 213 ----- 965

Grand Total ----- 224 ---- 48 --- 703 --- 158 --- 897 --- 2,030

Not a huge difference.

The biggest difference is EB3-Philippines. This how my figure is derived:

Philippines -- EW5 ---- 4 -- EB3
Philippines -- EW4 ---- 1 -- EB3
Philippines -- EW3 ---- 2 -- EB3
Philippines -- E35 -- 115 -- EB3
Philippines -- E34 --- 72 -- EB3
Philippines -- E32 --- 54 -- EB3
Philippines -- E31 --- 64 -- EB3

Total --------------- 312

The difference of 115 from your figure of 197 appears to be:

E35 -- Child of E31 or E32

[bluelabel]

Hello Spec and other Experts,

With new rule of mandated interviews for EB I-485s filed on or after March 6 2017, USCIS expecting an overhead delay of 17% in processing time. Will it cause at least 10% of less ROW approvals by end of the year? Since most of the people who filed I-485s on or after March 6 2017 in EB2 and EB3 are from ROW and no mandated interviews for EB2I and EB3I for people who filed I-485s in 2012 and 2007, will there be a spill over of around 4000 in both EB2 and EB3 if not more?

What's your prediction for EB2I and EB3I PD movement for FY 2018?

Thanks!!!

[altek001]

Hello
USCIS moved the dates of original october 2015 visa bulletin with the rationale that they will not be able to process so many applications within the timeframe. If that's the case, how come they were able to process 700K DACA applications so quickly.
Do you think USCIS is favoring DACA cases over legal immigrants or is it hate towards the Indian community?

[altek001]

Hello
USCIS moved the dates of original october 2015 visa bulletin with the rationale that they will not be able to process so many applications within the timeframe. If that's the case, how come they were able to process 700K DACA applications so quickly.
Do you think USCIS is favoring DACA cases over legal immigrants or is it hate towards the Indian community?

[altek001]

Demands of President Trump for DACA deal. See below

http://www.politico.com/f/?id=0000015e-fe3d-dc15-a3fe-ff3d27fb0000

[tatikonda]

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-november-2017.html

As expected no significant movement

EB2-India is 08OCT08, 3 weeks forward movement from Oct VB15SEP08.

[maverick23]

USCIS not accepting Filing date for EB category in November bulletin as well? Also, CO seems to be using the same strategy of allocating visas based on FY 2017 strategy...for now (no indications of applying spillover early , especially in the EB3-I category even though EB3-ROW has been current since August).

Given that AOS applications are taking an average of 8 months to process start to finish and may the avg. processing time may only trend upwards with interview requirements, are we not facing a risk of visa wastage in the EB3 category ? Spec and other gurus - any guidance when the filings dates may be accepted by USCIS or are we going to stick to final action dates for EB category in FY 2018. For FB category though , USCIS is accepting filing dates...

[zenmaster]

USCIS not accepting Filing date for EB category in November bulletin as well? Also, CO seems to be using the same strategy of allocating visas based on FY 2017 strategy...for now (no indications of applying spillover early , especially in the EB3-I category even though EB3-ROW has been current since August).

Given that AOS applications are taking an average of 8 months to process start to finish and may the avg. processing time may only trend upwards with interview requirements, are we not facing a risk of visa wastage in the EB3 category ? Spec and other gurus - any guidance when the filings dates may be accepted by USCIS or are we going to stick to final action dates for EB category in FY 2018. For FB category though , USCIS is accepting filing dates...

Just my 2 cents :
Regarding the AOS interviews, i think USCIS/DOS has made it clear that they are mandatory only for persons filing 485 on or after March 6th, 2017.
I don't see any delays due to interviews for EB2/EB3 people who have already filed 485 and waiting. Infact, interviews for ROW/EB1 candidates might impact EB2 positively overall.

[incredible]

Hi Gurus,
Please move to the appropriate thread. I am EB2 - I (PD 02/2010) who filed 485 back in 2012. I was speaking recently with couple of attornys on the Supplement - J. I got conflicting view from each of them. One of them says it is better to file now while waiting for date to become current which may happen in 2 years time. Another attorney mentions that we only have to file Supplement - J when asked by USCIS and things are still in flux with interviews and other things happening and no need to file supplement - J for now.
Can any one here has opinion either ways?

[EB3Iwaiting]

Hi Gurus,
Please move to the appropriate thread. I am EB2 - I (PD 02/2010) who filed 485 back in 2012. I was speaking recently with couple of attornys on the Supplement - J. I got conflicting view from each of them. One of them says it is better to file now while waiting for date to become current which may happen in 2 years time. Another attorney mentions that we only have to file Supplement - J when asked by USCIS and things are still in flux with interviews and other things happening and no need to file supplement - J for now.
Can any one here has opinion either ways?

I do not think 2/2010 PD for EB2I will be current in 2 years time. When dates become current, USCIS sends RFEs asking for Supplemental J anyway. I do not see a benefit of sending it now.

[jgooner22]

Long time reader of this forum, appreciate the work the experts here do.

My PD is September 2012, EB-2 India. Conservatively, can I expect that to get current before 12/2022? Thanks.

[vickyk]

Hi Guys,

Quick Question, i got this notice Livaos ** Fee for Neopost ds-1200. does any one received it recently?

My Priority date is Nov 2007 EB3

Thanks in Advance!

[incredible]

I do not think 2/2010 PD for EB2I will be current in 2 years time. When dates become current, USCIS sends RFEs asking for Supplemental J anyway. I do not see a benefit of sending it now.

Thanks for reply. I agree that filing Supplement J without USCIS asking for it may not be necessary.

[imdeng]

Conservatively? No. Not even close. We will not even finish 2010 by end of 2022, let alone be in 2012. Its sad.

Long time reader of this forum, appreciate the work the experts here do.

My PD is September 2012, EB-2 India. Conservatively, can I expect that to get current before 12/2022? Thanks.

[Immigo]

2018 limit is 140k - on expected lines: https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/Web_Annual_Numerical_Limits_FY2018.pdf

[redsox2009]

September 2017 Consular Processing Figures

DOS have published the figures for Sep 2017 https://travel.state.gov/content/visas/en/law-and-policy/statistics/immigrant-visas/monthly-immigrant-visa-issuances.html

Here's the analysis of the Employment Based Classes.

Sep 2017 Consular Processing - Employment Classes

Class --- China --- India --- Mexico --- Philippines---- ROW --- Total
EB1 ------- 00 ------00 ------- 4 ------------ 2 ----- 130 ----- 136
EB2 ------- 11 ------03 ------- 1 ----------- 09 ----- 019 ----- 043
EB3 ------- 05 ----- 27 ------ 06 ---------- 215 ----- 331 ----- 584
EB4 --------02 ----- 06 ------- 0 ------------01 ----- 051 ----- 060
EB5 ------ 104 ----- 12 ------- 0 ----------- 0 ------ 215 ----- 331

Total ---- 122 ----- 48 ------ 11 ---------- 227 ------ 746 ---- 1,154

Edit: Corrected figure per subsequent conversations.

Class --- China --- India --- Mexico --- Philippines ---- ROW --- Total
EB1 --------- 0 ------- 0 -------- 4 ------------- 2 ---- 130 ----- 136
EB2 -------- 11 ------- 3 -------- 1 ------------- 9 ---- 118 ----- 142
EB3 --------- 5 ------ 27 -------- 6 ----------- 215 ---- 331 ----- 584
EB4 --------- 2 ------- 6 -------- 0 ------------- 1 ----- 51 ------ 60
EB5 ------- 104 ------ 12 -------- 0 ------------- 0 ---- 215 ----- 331

Total ----- 122 ------ 48 ------- 11 ----------- 227 ---- 845 --- 1,253

[Spectator]

redsox,

Thanks for the heads up once again.

Agree except for EB2-ROW.

ROW --------- EB2
Korea, South - 57
Iran ---------- 7
Pakistan ------ 6
Canada -------- 5
Ukraine ------- 5
Bangladesh ---- 4
Panama -------- 4
Venezuela ----- 4
Poland -------- 3
Taiwan -------- 3
Turkey -------- 3
Uruguay ------- 3
Germany ------- 2
Japan --------- 2
Jordan -------- 2
Austria ------- 1
Egypt --------- 1
Jamaica ------- 1
Morocco ------- 1
Nepal --------- 1
Qatar --------- 1
Russia -------- 1
Vietnam ------- 1

Total ------- 118

As an example, South Korea is made up of:

Korea, South -- E21 -- 13 --- Professional holding advanced degree or alien of exceptional ability 203(b)(2)
Korea, South -- E22 -- 18 --- Spouse of E21 203(d) & 203(b)(2)
Korea, South -- E23 -- 26 --- Child of E21 203(d) & 203(b)(2)

[redsox2009]

[QUOTE=Spectator;58726]redsox,

Agree except for EB2-ROW.

Total ------- 118


I had ROW EB2 as 118 in my chart, when entering values I forgot to change the august EB2 ROW values.

[Spectator]

[QUOTE=Spectator;58726]redsox,

Agree except for EB2-ROW.

Total ------- 118


I had ROW EB2 as 118 in my chart, when entering values I forgot to change the august EB2 ROW values.redsox,

Easily done. Sorry for being so anal about the figures.

I'll edit your original post to correct it so people only have to look at your post.

Here's the cumulative figures from March 2017 (the first published) through September 2017.

Country --------- EB1 --- EB2 --- EB3 --- EB4 --- EB5 --- Total
China ----------- 225 ---- 74 --- 150 ----- 9 - 4,008 --- 4,466
India ------------ 24 ---- 40 --- 120 --- 114 ---- 70 ----- 368
Mexico ----------- 19 ----- 9 ---- 98 ----- 0 ---- 19 ----- 145
Philippines ------- 2 --- 155 - 1,903 ---- 49 ----- 0 --- 2,109
ROW ----------- 1,062 - 1,167 - 1,945 --- 897 - 1,004 --- 6,075

Grand Total --- 1,332 - 1,445 - 4,216 - 1,069 - 5,101 -- 13,163

[altek001]

Please share and spread this message on your social media accounts.

Increase awareness of the issues faced by the legal immigrant community which are not talked much in media channels or by congressmen/senators in their bills.

Most Americans are not being made aware of the real issues faced by high skilled legal immigrants.

https://www.cato.org/blog/how-time-can-move-backward-immigrants-waiting-green-cards-4

[srimurthy]

Please share and spread this message on your social media accounts.

Increase awareness of the issues faced by the legal immigrant community which are not talked much in media channels or by congressmen/senators in their bills.

Most Americans are not being made aware of the real issues faced by high skilled legal immigrants.

https://www.cato.org/blog/how-time-can-move-backward-immigrants-waiting-green-cards-4

Employment offer was supposed to be free of discrimination and only based on merit and until the GC's for Employment based category are delinked from country based quotas and are purely on the first come fist and merit based, that the backlog will not go. And only then will all join in for unused GC recapture and other changes. Until the pain is felt by everyone we can't bring focus to this.

[qesehmk]

Well articulated problem. For the record - this blog was the very first that called quota based on nationality - "Discrimination".

All immigrants must call a spade a spade and call this quota a "Discrimination".

p.s. - For those who may not be aware Cato institute is a republican think tank funded by Koch brothers. But hey if they can make a case for backlogged folks that are discriminated based on country quota - then so be it.

pps - strictly speaking the country quota is not based on nationality ... it is based on country of birth. So in that sense it is not unlawful. Discrimination based on sex age nationality and race is illegal. Country of birth doesn't figure!


Please share and spread this message on your social media accounts.

Increase awareness of the issues faced by the legal immigrant community which are not talked much in media channels or by congressmen/senators in their bills.

Most Americans are not being made aware of the real issues faced by high skilled legal immigrants.

https://www.cato.org/blog/how-time-can-move-backward-immigrants-waiting-green-cards-4

[geniusmag]

Well articulated problem. For the record - this blog was the very first that called quota based on nationality - "Discrimination".

All immigrants must call a spade a spade and call this quota a "Discrimination".

p.s. - For those who may not be aware Cato institute is a republican think tank funded by Koch brothers. But hey if they can make a case for backlogged folks that are discriminated based on country quota - then so be it.

pps - strictly speaking the country quota is not based on nationality ... it is based on country of birth. So in that sense it is not unlawful. Discrimination based on sex age nationality and race is illegal. Country of birth doesn't figure!

I think the country of birth is a worse kind of discrimination than nationality. It is akin to race, color & sex in the sense that it cannot be changed and is not in ones control. To discriminate based on any of these is going against the very basic tenet of saying " All human beings are born free and equal in dignity and rights. " and must be illegal

[jd2000]

Disturbing news from CO about EB3I during his monthly check in:

The cutoff date for EB3 India is not expected to advance in the December 2017 Visa Bulletin. It is currently set at October 15, 2006. No predictions are provided for employment-based, second preference (EB2) India.

During fiscal year 2017 (FY17), which ended September 30, 2017, requests for evidence (RFEs) were issued on many pending I-485s in the EB3 India category, with the expectation that the RFEs would be responded to in a timely manner, and the cases approved in August or September 2017. Inexplicably, however, hundreds of individuals in the EB3 India category failed to respond timely. This left the U.S. Citizenship and Immigration Services (USCIS) with no choice but to allocate these visa numbers to other visa categories, rather than their being used to reduce the tremendous backlogs in EB3 India. via murthy (https://www.murthy.com/2017/11/02/november-2017-visa-bulletin-check-in-disturbing-eb3-india-revelation/)

This is heartbreaking for EB3I on many levels, it is the most backlogged category. CO need not have been so conservative with moving dates and so late in issuing RFE's.

[bvsamrat]

I think the country of birth is a worse kind of discrimination than nationality. It is akin to race, color & sex in the sense that it cannot be changed and is not in ones control. To discriminate based on any of these is going against the very basic tenet of saying " All human beings are born free and equal in dignity and rights. " and must be illegal

This is really alarming "
In other words, it’s possible that almost all of the Indian workers applying today will die before they receive permanent residency, while other immigrant workers will receive their green cards almost right away. This is the system that Congress refuses to reform."

Secondly- Priority date does not give any indication on how much time it would take to get GC. It is high time the system is changed to timer bound rather than number bound

[abcx13]

From the Murthy bulletin:


November 2017 Visa Bulletin Check-In: Disturbing EB3 India Revelation
02 Nov 2017
Most months, Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), provides visa bulletin explanations and predictions. The information for the November 2017 Visa Bulletin includes updated short-term predictions, as well as a vexing revelation regarding why the employment-based, third preference (EB3) category for India has not progressed in recent months. All predictions provided relate to the final action (FA) charts.

Employment-Based, First Preference (EB1): Remaining Current for Foreseeable Future
Mr. Oppenheim continues to predict that, for the time being, EB1 will remain current for all countries of chargeability. Previously, however, he has cautioned that cutoff dates for EB1 India and China likely will become necessary sometime during fiscal year 2018 (FY18), which runs through September 30, 2018.

EB3 India: No Movement in December, Failure to Respond to RFEs Exacerbates Backlogs
The cutoff date for EB3 India is not expected to advance in the December 2017 Visa Bulletin. It is currently set at October 15, 2006. No predictions are provided for employment-based, second preference (EB2) India.

Mr. Oppenheim further reveals some interesting information related to why EB3 India has not moved at all recently – news that is sure to frustrate many Indian nationals suffering due to the lengthy backlogs in this category. But first, it is helpful to understand some basics of how immigrant visa numbers are assigned.

As many stakeholders are aware, there is a set number of immigrant visas available each fiscal year, and this number is further broken down based on various categories, along with a per-country limit that is at the root of the backlogs in the heavily oversubscribed categories. These annual visa numbers all must be used before the end of each fiscal year or be lost. So, when there are unused numbers near the end of each fiscal year, they trickle down to other categories that are oversubscribed. More details on this process can be found in the MurthyDotCom InfoArticle, Priority Dates: How Does the Visa Bulletin Work? (27.Oct.2015).

During fiscal year 2017 (FY17), which ended September 30, 2017, requests for evidence (RFEs) were issued on many pending I-485s in the EB3 India category, with the expectation that the RFEs would be responded to in a timely manner, and the cases approved in August or September 2017. Inexplicably, however, hundreds of individuals in the EB3 India category failed to respond timely. This left the U.S. Citizenship and Immigration Services (USCIS) with no choice but to allocate these visa numbers to other visa categories, rather than their being used to reduce the tremendous backlogs in EB3 India.

EB2 and EB3 China: Taking a ‘Wait-and-See’ Approach
Mr. Oppenheim is waiting to see whether the new in-person interview requirement imposed by the USCIS will impact the EB2-to-EB3 China ‘downgrade’ phenomenon. For the time being, EB3 China will see little-to-no movement in anticipation of a large number of downgrade cases. These dates will not be advanced substantially, in the interest of avoiding the need for retrogression later in the year. Still, Mr. Oppenheim expects the cutoff date for EB3 China to move forward later this fiscal year.

Employment-Based, Fifth Preference (EB5) Category: Slow Movement for China
As predicted, EB5 China advanced by about one week in the November 2017 Visa Bulletin. The EB5 category is expected to remain current for all other countries of chargeability throughout FY18.

Conclusion
The news related to EB3 India is undoubtedly aggravating to those languishing in this category. At the very least, it should serve as a reminder to closely monitor one’s own immigration cases – or to engage a team of attorneys who will take over that responsibility, and who know your immigration matters! For future updates on the visa bulletin and other immigration issues, subscribe to the MurthyBulletin.

[gs1968]

FWIW

http://thehill.com/homenews/senate/358561-gop-leaders-say-immigration-bill-coming-in-2018

[gcq]

During fiscal year 2017 (FY17), which ended September 30, 2017, requests for evidence (RFEs) were issued on many pending I-485s in the EB3 India category, with the expectation that the RFEs would be responded to in a timely manner, and the cases approved in August or September 2017. Inexplicably, however, hundreds of individuals in the EB3 India category failed to respond timely. This left the U.S. Citizenship and Immigration Services (USCIS) with no choice but to allocate these visa numbers to other visa categories, rather than their being used to reduce the tremendous backlogs in EB3 India.

As if he is innocent of the situation. It was his special effort to screw up EB3-I by giving spillovers later than he could have and then rapidly forwarding the dates only in the last few months making sure many of the applicants didn't have enough time to respond to RFEs. It is his design. Now he creatively found one more way to deny visas to EB3-India. This guy should be served justice !

[qesehmk]

I agree. The visa office knows exactly how acute the situation is with Indian GC backlog. They can easily issue double or triple RFEs to ensure the quota is fully utilized. IT is criminal IMHO to give away the paltry visa available to EB3-I to somebody else.
As if he is innocent of the situation. It was his special effort to screw up EB3-I by giving spillovers later than he could have and then rapidly forwarding the dates only in the last few months making sure many of the applicants didn't have enough time to respond to RFEs. It is his design. Now he creatively found one more way to deny visas to EB3-India. This guy should be served justice !

[abcx13]

I agree. The visa office knows exactly how acute the situation is with Indian GC backlog. They can easily issue double or triple RFEs to ensure the quota is fully utilized. IT is criminal IMHO to give away the paltry visa available to EB3-I to somebody else.

Yes, totally unconscionable.

[SV2007]

Guru's - Wastage of EB3 India visas is heart breaking. People like me (with a PD after July 2007) have now completed waiting 10 years after I-140 approval to file for AOS.

USCIS has also not accepted filing dates so far for FY'2018. Even if CO advances dates rapidly in Q3 / Q4 would it not be too late to process cases beyond July'2007 resulting in more wastage?

Would you think USCIS will accept filing dates in the coming months or if CO will advance the Final action dates for EB3I earlier this year?

[gs1968]

Unsure of whether this is a positive or a negative development in the longer term/larger picture context.
The house judiciary has scheduled on Wednesday a full committee mark up of HR.170 which is a bill introduced by Rep. Darrell ISSA of California. The purpose of this Act is to close a loophole in the H–1B visa program by requiring H–1B-dependent employers once again to pay sufficiently high wages to ensure the protection of the workforce in the United States and to remove other impediments to proper H–1B visa enforcement. It stipulates that the H–1B nonimmigrant receive wages (including cash bonuses) at an annual rate equal to at least the greater of $100,000 or the applicable adjusted amount linked to consumer price indexing.
The fate of this bill is not clear but the text may be an addendum to a much larger bill early next year.
There are however two points to be noted
1. This bill (like the HR 392) was referred to the subcommittee for immigration but was taken up directly by the full committee without subcommittee mark up
2. HR 392 in spite of the large number of cosponsors lacks the co-sponsorship/support of key members of the HJC including Chairman Goodlatte/Lamar Smith/Darrell Issa amongst others. A smooth passage of this Bill at least through committee will hopefully increase the chances of HR 392 by enlisting Rep.Issa's support

We shall wait and see. Please move this post if it is not in the appropriate thread.

[gcq]

I don't have high hopes for HR 392.
It will meet the same fate as the similar bill introduced in the past. That bill had very good support in the house but died in Senate because of the "hold" placed by Grassley. Now Grassley is senate judiciary committee chairman and another major opponent sessions is Attorney General. Not sure why ** is beating the drum again on this bill as if it is going to pass.

On H1B front, read somewhere that Grassley's people are ruling USCIS now !

[gs1968]

I don't have high hopes for HR 392.
It will meet the same fate as the similar bill introduced in the past. That bill had very good support in the house but died in Senate because of the "hold" placed by Grassley. Now Grassley is senate judiciary committee chairman and another major opponent sessions is Attorney General. Not sure why ** is beating the drum again on this bill as if it is going to pass.

On H1B front, read somewhere that Grassley's people are ruling USCIS now !

The markup of HR 170 was postponed to the next Markup at the request of Rep.Issa. He said that negotiations were ongoing to make the bipartisan bill even better. On a different note HJC Chairman Mr.Goodlatte who is term limited for his post will retire from Congress at the end of 2018.

[redsox2009]

Dec 2017 Visa Bulletin is Out

India

Eb2- 1 NOV08
Eb3- 15 OCT06

Available via Phone.

[gs1968]

Markup of above Bill HR 170 from Rep.Issa is now scheduled for tomorrow November 15

[shekhar_kuruk]

Dec 2017 Visa Bulletin is Out

India

Eb2- 1 NOV08
Eb3- 15 OCT06

Available via Phone.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-december-2017.html

[srimurthy]

Guru's - Wastage of EB3 India visas is heart breaking. People like me (with a PD after July 2007) have now completed waiting 10 years after I-140 approval to file for AOS.

USCIS has also not accepted filing dates so far for FY'2018. Even if CO advances dates rapidly in Q3 / Q4 would it not be too late to process cases beyond July'2007 resulting in more wastage?

Would you think USCIS will accept filing dates in the coming months or if CO will advance the Final action dates for EB3I earlier this year?

Can't some one sue them (IM* or any org) considering that we have years of backlog and they are not even allocating the approved limit?

[altek001]

Hi folks,
Is there any movement on the Kevin Yoder's bill to end country limit caps on immigrant visas?.

My understanding is the bill got attention uphill and in media, but it silenced after while.

Any thoughts on why AILA, Immigration Voice, Greg Siskind, Murthy and these big law firms who voice their compassion with H1b community, have NOT done anything by blaming congress to do their jobs and reduce backlogs. It makes me think they are the real culprits who are bent on screwing us over every year as they get to benefit from petitions as they get convoluted.

[altek001]

Unsure of whether this is a positive or a negative development in the longer term/larger picture context.
The house judiciary has scheduled on Wednesday a full committee mark up of HR.170 which is a bill introduced by Rep. Darrell ISSA of California. The purpose of this Act is to close a loophole in the H–1B visa program by requiring H–1B-dependent employers once again to pay sufficiently high wages to ensure the protection of the workforce in the United States and to remove other impediments to proper H–1B visa enforcement. It stipulates that the H–1B nonimmigrant receive wages (including cash bonuses) at an annual rate equal to at least the greater of $100,000 or the applicable adjusted amount linked to consumer price indexing.
The fate of this bill is not clear but the text may be an addendum to a much larger bill early next year.
There are however two points to be noted
1. This bill (like the HR 392) was referred to the subcommittee for immigration but was taken up directly by the full committee without subcommittee mark up
2. HR 392 in spite of the large number of cosponsors lacks the co-sponsorship/support of key members of the HJC including Chairman Goodlatte/Lamar Smith/Darrell Issa amongst others. A smooth passage of this Bill at least through committee will hopefully increase the chances of HR 392 by enlisting Rep.Issa's support

We shall wait and see. Please move this post if it is not in the appropriate thread.

Darrell Issa is pro-illegal immigrant supporter and not for legal immigrants. Back in 2008, he proposed quite a few bills to end country limit caps and it didn't even get to a hearing.

Rep. Issa is a true trumpeter without any success stories to back in his tenure at Congress.

[maverick23]

485 Inventory for October 2017 released...
https://www.uscis.gov/greencard/pending-employment-based-i-485-inventory

[feedmyback]

Can anyone please explain how the pending inventory of 1998 for EB2 India in the year 2008 suddenly jumped to 8258 in October Inventory?


485 Inventory for October 2017 released...
https://www.uscis.gov/greencard/pending-employment-based-i-485-inventory

[gs1968]

Hi folks,
Is there any movement on the Kevin Yoder's bill to end country limit caps on immigrant visas?.

My understanding is the bill got attention uphill and in media, but it silenced after while.

Any thoughts on why AILA, Immigration Voice, Greg Siskind, Murthy and these big law firms who voice their compassion with H1b community, have NOT done anything by blaming congress to do their jobs and reduce backlogs. It makes me think they are the real culprits who are bent on screwing us over every year as they get to benefit from petitions as they get convoluted.

Please read opening remarks by Chairman Goodlatte and Rep. Issa to get an idea of where the sentiments of the House Judiciary committee are at this time.

https://judiciary.house.gov/press-release/house-judiciary-committee-approves-bill-protect-american-jobs/

[Jagan01]

Can anyone please explain how the pending inventory of 1998 for EB2 India in the year 2008 suddenly jumped to 8258 in October Inventory?

This is a shocker.
The report seems to be inaccurate. The count for 2008 has gone up by 6k, count for 2009 has gone down by 3k and count for 2010 has going down by 3k.

The pending inventory going up for 2008 is as insane as pending inventory going down for 2009 and 2010.

[tatikonda]

Hi folks,
Is there any movement on the Kevin Yoder's bill to end country limit caps on immigrant visas?.

My understanding is the bill got attention uphill and in media, but it silenced after while.

Any thoughts on why AILA, Immigration Voice, Greg Siskind, Murthy and these big law firms who voice their compassion with H1b community, have NOT done anything by blaming congress to do their jobs and reduce backlogs. It makes me think they are the real culprits who are bent on screwing us over every year as they get to benefit from petitions as they get convoluted.,

Kevin Yoder is up for reelection in 2018. He is trying to appease Indian community and don't know his sincerity.
I doubt it because, with 300 co-sponsors this bill will pass easily in house but he is not making any attempt to bring it to house vote floor.
getting many co-sponsors in just time consuming effort. Even if it passes in House in March/April 2018. There is no guarantee that this will become LAW.
As there is absolutely no effort for this legislation in Senate. Please do not have any hopes on this.
Similar Bill was passed in 2012 with 395 Votes but no action in Senate.

[gs1968]

Not good news at all. What are they trying to achieve?

http://www.sfchronicle.com/business/article/Trump-administration-has-plans-to-wipe-out-work-12366124.php?utm_campaign=twitter-premium&utm_source=CMS%20Sharing%20Button&utm_medium=social

[gten20]

Not good news at all. What are they trying to achieve?

http://www.sfchronicle.com/business/article/Trump-administration-has-plans-to-wipe-out-work-12366124.php?utm_campaign=twitter-premium&utm_source=CMS%20Sharing%20Button&utm_medium=social

to be blunt... it's all about Making America White Again!

[Jagan01]

to be blunt... it's all about Making America White Again!I beg to differ on what you just said.

Lets introspect before accusing someone of trying to "Make america white again".

1. H4 EAD was never a law.
2. We all know that there is rampant abuse in all categories. Be it EB1C, H1, etc. We all know the kind of abuse done by Indian MNCs. If the US government wants to close the loopholes then what is wrong with that. Its very easy to acuse someone else of wrongdoing. Please gather the facts before commenting.
3. I do agree that rules have been unfair to "Indians", especially the per country cap. I have waited years in the GC line because of that rule. Having said that, the rule was not introduced by this govt or by the prior two governments. It was introduced way before and the current administration is just following the same guidelines.
4. Finally, it was difficult for Obama administration to discmiss the SaveJobsUSA lawsuit against H4 EAD. Its because the merits of the case clearly are in favor of SaveJobsUSA. We all know that Obama just wrote a memo and never made it a law. We all know that there is no protection for the american worker against the H4 EAD candidate (unlike the restrictions for H1).

check the link below that will show that even Obama admin lost the motion to dismiss SaveJobsUSA lawsuit against H4 EAD.

https://www.peerallylaw.com/dhs-lost-motion-dismiss-h4-ead-lawsuit-save-jobs-usa/

We can discuss the facts but the real fact is that H4 EAD was never a law and as such is difficult to defend for any administration (be it Obama admin or Trump admin).

[rhythm]

Agree that it was never a law. But H4EAD was allotted only for I-140 approved spouses who are waiting for GC probably for years. They are all future citizens(filed immigrant petitions) and would have been permanent residents many years ago, had not been for the unfair country cap thing. So what are they stealing from Americans ? These people wouldn't be called stealing American jobs if they were born in any other country than India and China.

It doesn't seem fair at all to revoke what was given to them as some kind of respite during the unfair waiting time. Legally it may be difficult to defend, but who ever understands the above fact clearly knows that revoking H4EAD is like stealing coins from a beggar's arms.

[srimurthy]

Referring to your statement
"We all know that there is no protection for the American worker against the H4 EAD candidate ",

I guess this should also apply uniformly in that case to all scenarios like the L2 EAD, DACA EAD and any other EAD. Just a thought and right no such things are present there.


I beg to differ on what you just said.

Lets introspect before accusing someone of trying to "Make america white again".

1. H4 EAD was never a law.
2. We all know that there is rampant abuse in all categories. Be it EB1C, H1, etc. We all know the kind of abuse done by Indian MNCs. If the US government wants to close the loopholes then what is wrong with that. Its very easy to acuse someone else of wrongdoing. Please gather the facts before commenting.
3. I do agree that rules have been unfair to "Indians", especially the per country cap. I have waited years in the GC line because of that rule. Having said that, the rule was not introduced by this govt or by the prior two governments. It was introduced way before and the current administration is just following the same guidelines.
4. Finally, it was difficult for Obama administration to discmiss the SaveJobsUSA lawsuit against H4 EAD. Its because the merits of the case clearly are in favor of SaveJobsUSA. We all know that Obama just wrote a memo and never made it a law. We all know that there is no protection for the american worker against the H4 EAD candidate (unlike the restrictions for H1).

check the link below that will show that even Obama admin lost the motion to dismiss SaveJobsUSA lawsuit against H4 EAD.

https://www.peerallylaw.com/dhs-lost-motion-dismiss-h4-ead-lawsuit-save-jobs-usa/

We can discuss the facts but the real fact is that H4 EAD was never a law and as such is difficult to defend for any administration (be it Obama admin or Trump admin).

[qesehmk]

We all know the kind of abuse done by Indian MNCs.

Hi Jagan - I must say that by and large there is no abuse in obtaining work visas. The abuse is in payments and treatments of the labor by the indian employers as well as by the whole immigration system against backlogged candidates.

We all know that there is no protection for the american worker against the H4 EAD candidate (unlike the restrictions for H1).

I find the whole concept of free markets but protected labor markets amusing. The pain of American labor is real ... but the root cause is not lost jobs ... it's rather ... limited trickle down of the benefits of globalization.

[vyruss]

I find the whole concept of free markets but protected labor markets amusing. The pain of American labor is real ... but the root cause is not lost jobs ... it's rather ... limited trickle down to the benefits of globalization.

The loss or perceived loss is not entirely attributable to globalization. The major drivers are:

1. Technology.
2. More women entering workforce since the 80's. Now more people looking for jobs and therefore this becomes a perceived loss.
3. Globalization

Globalization is the easier one to politicize. It is funny that the free markets were championed by the Republicans, somehow the tables were cleverly turned and now they want to protect the American worker.

[gten20]

I beg to differ on what you just said.

Lets introspect before accusing someone of trying to "Make america white again".

1. H4 EAD was never a law.
2. We all know that there is rampant abuse in all categories. Be it EB1C, H1, etc. We all know the kind of abuse done by Indian MNCs. If the US government wants to close the loopholes then what is wrong with that. Its very easy to acuse someone else of wrongdoing. Please gather the facts before commenting.
3. I do agree that rules have been unfair to "Indians", especially the per country cap. I have waited years in the GC line because of that rule. Having said that, the rule was not introduced by this govt or by the prior two governments. It was introduced way before and the current administration is just following the same guidelines.
4. Finally, it was difficult for Obama administration to discmiss the SaveJobsUSA lawsuit against H4 EAD. Its because the merits of the case clearly are in favor of SaveJobsUSA. We all know that Obama just wrote a memo and never made it a law. We all know that there is no protection for the american worker against the H4 EAD candidate (unlike the restrictions for H1).

check the link below that will show that even Obama admin lost the motion to dismiss SaveJobsUSA lawsuit against H4 EAD.

https://www.peerallylaw.com/dhs-lost-motion-dismiss-h4-ead-lawsuit-save-jobs-usa/

We can discuss the facts but the real fact is that H4 EAD was never a law and as such is difficult to defend for any administration (be it Obama admin or Trump admin).

I think you need to do some research yourself.
1) H4 EAD followed the rule making process. It was in works since 2012. Obama wanted to show he somewhat helped the legal immigrants too and that why it was added to Obama's Nov. 2014 Memo/EO. H4 EAD is only used by people affected by the crazy long backlogs.
2) Rampant abuse is everywhere, but you don't punish the victims. DUH! That's a stupid argument to bring up H1B rampant abuse to get rid of H4 EAD. IT IS STUPID! PERIOD. :)
3) Hence the need for H4 EAD.:p
4) Yeah, because the judge wanted to hear arguments from both parties.

Stay Woke, my friends.

The current white house administration is all about "Making America White Again". Trump viciously attacks people of minority who criticize him or his policies. He has not said anything about Greg Popovich or Eminem. Guess why?

Have a nice Thanksgiving!:)

[Jagan01]

I think you need to do some research yourself.
1) H4 EAD followed the rule making process. It was in works since 2012. Obama wanted to show he somewhat helped the legal immigrants too and that why it was added to Obama's Nov. 2014 Memo/EO. H4 EAD is only used by people affected by the crazy long backlogs.
2) Rampant abuse is everywhere, but you don't punish the victims. DUH! That's a stupid argument to bring up H1B rampant abuse to get rid of H4 EAD. IT IS STUPID! PERIOD. :)
3) Hence the need for H4 EAD.:p
4) Yeah, because the judge wanted to hear arguments from both parties.

Stay Woke, my friends.

The current white house administration is all about "Making America White Again". Trump viciously attacks people of minority who criticize him or his policies. He has not said anything about Greg Popovich or Eminem. Guess why?

Have a nice Thanksgiving!:)
Please provide me with source of information and I would be willing to do the research you suggest I should do.

(1) Most of us know that H4 EAD was a memo passed by Obama. That does not make it a law. For a law to be passed it has to pass the congress and then signed by the president. Any EO/memo signed by one president can be repealed at any time by another president. I have myself been a strong advocate for H4EAD since the begining. I would have preferred that it be signed into a law and the closest chance was in the 2013 immigration bill. Sorry to say, but the fact is that it was never a law.

(2) The point of pointing out the abuse is to see the discussion from the other sides perspective. If you analyse issues by only looking at it from one side, then you are not trying to find a better solution. You need to look at the problem from everyone's perspective. There is abuse in the current immigration system, F1s abused by tri valley students (mostly from our country), H1s abused (looks at the CBS episode). When you have visas that have strict criteria being abused, it is natural for US citizens to think that H4 EAD is taking away jobs from them, especially because there is no check to protect the job for the US citizen first. I know we all dont like that Trump is the president, but he saw the arguments from the other side of the aisle and tapped on that anger.

(3) There is no logic in your statement and hence I cannot give a logical response.

(4) So when Obama admin failed to dismiss the lawsuit brought against the H4EAD rule, why did you not should out "Make America Black and White Again" ? Obama admin knew that it wont be possible to defend the case eventually. The Trump admin is also trying to push out the ruling as much as it can by trying to defer the case. They have deferred it by almost a year now (Jan 2017 to Jan 2018). Even on Nov 17, 2017, they tried deferring it again but this time it was not allowed to defer any further.

Have a nice ThanksGiving !!

[Suva2001]

This is not a memo but an USCIS "Rule" which went through complete comment period and due process. It cannot be withdrawn by publishing a memo. It has to go through same rule making process to withdraw it.

Thanks


Please provide me with source of information and I would be willing to do the research you suggest I should do.

(1) Most of us know that H4 EAD was a memo passed by Obama. That does not make it a law. For a law to be passed it has to pass the congress and then signed by the president. Any EO/memo signed by one president can be repealed at any time by another president. I have myself been a strong advocate for H4EAD since the begining. I would have preferred that it be signed into a law and the closest chance was in the 2013 immigration bill. Sorry to say, but the fact is that it was never a law.

(2) The point of pointing out the abuse is to see the discussion from the other sides perspective. If you analyse issues by only looking at it from one side, then you are not trying to find a better solution. You need to look at the problem from everyone's perspective. There is abuse in the current immigration system, F1s abused by tr****alley students (mostly from our country), H1s abused (looks at the CBS episode). When you have visas that have strict criteria being abused, it is natural for US citizens to think that H4 EAD is taking away jobs from them, especially because there is no check to protect the job for the US citizen first. I know we all dont like that Trump is the president, but he saw the arguments from the other side of the aisle and tapped on that anger.

(3) There is no logic in your statement and hence I cannot give a logical response.

(4) So when Obama admin failed to dismiss the lawsuit brought against the H4EAD rule, why did you not should out "Make America Black and White Again" ? Obama admin knew that it wont be possible to defend the case eventually. The Trump admin is also trying to push out the ruling as much as it can by trying to defer the case. They have deferred it by almost a year now (Jan 2017 to Jan 2018). Even on Nov 17, 2017, they tried deferring it again but this time it was not allowed to defer any further.

Have a nice ThanksGiving !!

[altek001]

Is Anyone Good Enough for an H-1B Visa?.....The effect of Trump's Buy American and Hire American is now prevalent.

https://www.nytimes.com/2017/11/23/opinion/immigration-visa-h1b-trump-.html

[srimurthy]

Is Anyone Good Enough for an H-1B Visa?.....The effect of Trump's Buy American and Hire American is now prevalent.

https://www.nytimes.com/2017/11/23/opinion/immigration-visa-h1b-trump-.html
The answer to the question in the article of who is qualified to stay in US is "the Vote Bank" is qualified.
Heard that most of the H1 applications submitted that have a Pay range of 50 to 70K are getting RFE's and possible rejections as there is a high probability that they targeting generic IT jobs.
I guess if the Country Cap in GC's for Employment based is removed, we will see a lot less abuse, just my thoughts.

[redsox2009]

October 2017 Consular Processing Figures

DOS have published the figures for Oct 2017 https://travel.state.gov/content/visas/en/law-and-policy/statistics/immigrant-visas/monthly-immigrant-visa-issuances.html

Here's the analysis of the Employment Based Classes.

Oct 2017 Consular Processing - Employment Classes
Class --- China --- India --- Mexico --- Philippines ---- ROW --- Total
EB1 --------386 -------52 -------- 4 ------------- 1 ---- 244 ----- 687
EB2 -------- 11 ------- 9 -------- 2 -------------69 ---- 269 ----- 360
EB3 ---------10 ------ 20 --------27 ----------- 281 ---- 368 ----- 706
EB4 --------- 3 -------13 -------- 0 ------------- 8 -----172 ------196
EB5 ------- 597 ------ 22 -------- 3 ------------- 0 ---- 238 ----- 860

Total ----- 1007------ 116 -------36 ----------- 359 ----1291 --- 2,809

[altek001]

October 2017 Consular Processing Figures

DOS have published the figures for Oct 2017 https://travel.state.gov/content/visas/en/law-and-policy/statistics/immigrant-visas/monthly-immigrant-visa-issuances.html

Here's the analysis of the Employment Based Classes.

Oct 2017 Consular Processing - Employment Classes
Class --- China --- India --- Mexico --- Philippines ---- ROW --- Total
EB1 --------386 -------52 -------- 4 ------------- 1 ---- 244 ----- 687
EB2 -------- 11 ------- 9 -------- 2 -------------69 ---- 269 ----- 360
EB3 ---------10 ------ 20 --------27 ----------- 281 ---- 368 ----- 706
EB4 --------- 3 -------13 -------- 0 ------------- 8 -----172 ------196
EB5 ------- 597 ------ 22 -------- 3 ------------- 0 ---- 238 ----- 860

Total ----- 1007------ 116 -------36 ----------- 359 ----1291 --- 2,809


I wonder how come there are more EB1 issuances than EB2. Are these from EB1C- multinational managers?

[altek001]

Dear Experts,
I have a EB2-India priority date of Oct'2010. I like to know the best case (with spillover) and worst case (without spillover) for my priority date to get current.

In your calculations, please do not use historical DOS visa bulletin movements as they have been erratic over the years, but rather supply and demand. Appreciate your input. Thanks.

[Jagan01]

This is not a memo but an USCIS "Rule" which went through complete comment period and due process. It cannot be withdrawn by publishing a memo. It has to go through same rule making process to withdraw it.

Thanks

I know that its a USCIS rule. It was initially a presedential memorandum and part of the 2014 executive actions taken by Obama. For a complete understanding of the repeal process please refer https://www.perchingtree.com/can-president-trump-repeal-h4-ead-program/

There are two ways of achieving a repeal.
- Another EO and quick rule making process to repeal H4EAD (This will be a 90 day long process but the administration can run into lawsuits)
- not being able to defend the SaveJObsUSA lawsuit. (Here Trump admin is not actively doing anything, they are just saying that they tried but were not able to defend)

My whole point was that lets not jump the gun and shout "Make America White Again" etc. The rule was never a law and as such was always going to be difficult to defend.

My personal opinion would be that Obama could have achieved the same outcome in a different way by taking a clue from George Bush. In 2007, the dates were made current for everyone and everyone got EAD/AP. That means work permit for spouse. Instead of all this EO, rule making, etc, a simple change of dates to current would have benefited a much larger population and "nobody would have been able to take it back"

I would say its more about politics and vote banks. If Obama really wanted to do more good to the immigrant community then he could have taken up immigration in his first term in office when dems had majority in Senate and House and pass an immigration law. He chose not to, think why ?

Its all dirty politics.

[skpanda]

I wonder how come there are more EB1 issuances than EB2. Are these from EB1C- multinational managers?


No body can tell for sure.. . I am hazarding a guess. Your guess is as good as mine.

Without Spillover - Your Date may be current in 2023
With Spillover - Your Date may be current around 2020/21.

Note 1: Being current does not mean you will get your green card. It may take another 1 to 3 years to get green card after you get current.
Note 2: Nobody knows if there is any spillover coming our way.
Note 3: My PD is Dec 2010.

Cheers!

[skpanda]

I know that its a USCIS rule. It was initially a presedential memorandum and part of the 2014 executive actions taken by Obama. For a complete understanding of the repeal process please refer https://www.perchingtree.com/can-president-trump-repeal-h4-ead-program/

There are two ways of achieving a repeal.
- Another EO and quick rule making process to repeal H4EAD (This will be a 90 day long process but the administration can run into lawsuits)
- not being able to defend the SaveJObsUSA lawsuit. (Here Trump admin is not actively doing anything, they are just saying that they tried but were not able to defend)

My whole point was that lets not jump the gun and shout "Make America White Again" etc. The rule was never a law and as such was always going to be difficult to defend.

My personal opinion would be that Obama could have achieved the same outcome in a different way by taking a clue from George Bush. In 2007, the dates were made current for everyone and everyone got EAD/AP. That means work permit for spouse. Instead of all this EO, rule making, etc, a simple change of dates to current would have benefited a much larger population and "nobody would have been able to take it back"

I would say its more about politics and vote banks. If Obama really wanted to do more good to the immigrant community then he could have taken up immigration in his first term in office when dems had majority in Senate and House and pass an immigration law. He chose not to, think why ?

Its all dirty politics.


The rule making was first introduced in 2011 (long before Obama's Memo in 2014). Obama just introduced the ongoing Rule into his memo. I know this for sure since my spouse is a beneficiary and I have been tracking the rule since the inception.

[bvsamrat]

I know that its a USCIS rule. It was initially a presedential memorandum and part of the 2014 executive actions taken by Obama. For a complete understanding of the repeal process please refer https://www.perchingtree.com/can-president-trump-repeal-h4-ead-program/

There are two ways of achieving a repeal.
- Another EO and quick rule making process to repeal H4EAD (This will be a 90 day long process but the administration can run into lawsuits)
- not being able to defend the SaveJObsUSA lawsuit. (Here Trump admin is not actively doing anything, they are just saying that they tried but were not able to defend)

My whole point was that lets not jump the gun and shout "Make America White Again" etc. The rule was never a law and as such was always going to be difficult to defend.

My personal opinion would be that Obama could have achieved the same outcome in a different way by taking a clue from George Bush. In 2007, the dates were made current for everyone and everyone got EAD/AP. That means work permit for spouse. Instead of all this EO, rule making, etc, a simple change of dates to current would have benefited a much larger population and "nobody would have been able to take it back"

I would say its more about politics and vote banks. If Obama really wanted to do more good to the immigrant community then he could have taken up immigration in his first term in office when dems had majority in Senate and House and pass an immigration law. He chose not to, think why ?

Its all dirty politics.

I agree 100% with you Jagan. If we are on a temporary visa or any other visa, we can not comment on current US policies as we are not voters . We just pay taxes to use the facilities.
Only unjust is the country cap and that too is there for a reason
I have heard of enough misuse (We hear the terms bench, layers, 70:30, 80:20 , running pay roll, applicant paying visa fees etc.. Not to speak on wrong resume again). Locals also must be aware of these

[AC_1980]

I have a quick question for the gurus here. We are currently AOS and use EAD for work authorization. We applied for our EAD/AP renewal back in August this year (receipt date Aug 11, 2017, EB2, PD June 2009). We are currently waiting for our renewed EAD/AP combo cards. We are aware of the automatic 180 day extension for (c)(9) category for AOS applicants.

My question is: Can we/ should we take an InfoPass appointment regarding our case? Does USCIS still allow InfoPass with the automatic 180 day extension?

I appreciate any feedback on this matter.
regards

[gten20]

I know that its a USCIS rule. It was initially a presedential memorandum and part of the 2014 executive actions taken by Obama. For a complete understanding of the repeal process please refer https://www.perchingtree.com/can-president-trump-repeal-h4-ead-program/
Wrong! H4EAD was not initialized by Obama's Nov. 2014 memo


There are two ways of achieving a repeal.
- Another EO and quick rule making process to repeal H4EAD (This will be a 90 day long process but the administration can run into lawsuits)
- not being able to defend the SaveJObsUSA lawsuit. (Here Trump admin is not actively doing anything, they are just saying that they tried but were not able to defend)
They are actively trying to make immigrants life as hard as possible. Read that article again... and may be some others on his EO's.


My whole point was that lets not jump the gun and shout "Make America White Again" etc. The rule was never a law and as such was always going to be difficult to defend. First, I never said it was a law. You assumed it is or assumed I said it. Second, What makes you think they are trying to defend H4EAD? Trump administration is trying to revoke H4EAD. But, I did say it's all part of "Make America White Again" and I stand by it. We are collateral damage in his bigger plan of "MAG/WA".


My personal opinion would be that Obama could have achieved the same outcome in a different way by taking a clue from George Bush. In 2007, the dates were made current for everyone and everyone got EAD/AP. That means work permit for spouse. Instead of all this EO, rule making, etc, a simple change of dates to current would have benefited a much larger population and "nobody would have been able to take it back"

I would say its more about politics and vote banks. If Obama really wanted to do more good to the immigrant community then he could have taken up immigration in his first term in office when dems had majority in Senate and House and pass an immigration law. He chose not to, think why ?

Its all dirty politics. I do believe Obama used Legal immigrants as pawns to get a deal for Dreamers. He used us; plain and simple. In the end he was not able to get the deal done. When Obama came to office everybody was losing jobs, you think passing immigration bill would have worked? He had to fix economy first and that's what he did. You seem to suggest Obama could have made all dates current. Whats stopping Trump then?

This is my last on this topic. :)

[Jagan01]

Wrong! H4EAD was not initialized by Obama's Nov. 2014 memo You are wrong buddy. It had been brewing for a long time but everytime it came up, nothing moved. You can go back and check my posts on this site and I have talked about it in 2013 and some have talked about it even before that (check trackitt). Back then it used to be in the register and then the date would keep getting postponed and nothing happened. Eventually in 2014 as part of all the EOs it was revived. I would again stress on the fact that backup your information with source and then you will know what the facts are. Please refer the link to learn the proposed rule posting date of 2014 https://www.regulations.gov/docket?D=USCIS-2010-0017



They are actively trying to make immigrants life as hard as possible. Read that article again... and may be some others on his EO's.

First, I never said it was a law. You assumed it is or assumed I said it. Second, What makes you think they are trying to defend H4EAD? Trump administration is trying to revoke H4EAD. But, I did say it's all part of "Make America White Again" and I stand by it. We are collateral damage in his bigger plan of "MAG/WA". I never contested that Trump admin is anti-immigrant. Its a well known fact. I think you did not understand my statement. The option #2 is an option that would not portray as Trump actively revoking H4EAD. In legal terms, actively revoking and failing to defend are viewed differently. The option #1 would fall under actively revoking and option #2 would be failing to defend and thus for option #2 there cannot be lawsuits.

You tried to give this a racial twist by shouting out "Make America White Again". Immigrants are of all colors. Even Americans are of all colors. So reducing immigration would benefit white/black/brown americans equally. So please do not give me the liberal talk of turning anything and everything into racism.


I do believe Obama used Legal immigrants as pawns to get a deal for Dreamers. He used us; plain and simple. In the end he was not able to get the deal done. When Obama came to office everybody was losing jobs, you think passing immigration bill would have worked? He had to fix economy first and that's what he did. You seem to suggest Obama could have made all dates current. Whats stopping Trump then?

This is my last on this topic. :)In 2008 elections the economy was reeling and everyone was losing jobs. Yet, Obama ran on the promise of healthcare and immigration, and immigrants did help him win. Why do you think passing immigration would not have worked in 2009/2010? Was it even attempted? Simple answer is the democrats dont want a permanent solution to immigration and just want the pot boiling as they want the immigrants to always be in their pokets.

Trump is anti-immigrant and he ran on being anti-mmigrant. So I would not expect him to do anything for immigrants. The problem is that some people like Obama run on the promise of immigration and then when they have Senate, house and white house under control they do not even attempt to so anything for immigrants. And yet people keep getting fooled :D

If Clinton would have come to office then she also would not have done anything for immigrants. May be Bernie Sanders would have, but with the corrupt DNC its difficult to get good leaders to win the democratic primary.

[Jagan01]

The rule making was first introduced in 2011 (long before Obama's Memo in 2014). Obama just introduced the ongoing Rule into his memo. I know this for sure since my spouse is a beneficiary and I have been tracking the rule since the inception.That attempt from 2011 never materialized. It kept getting postponed and deadlines kept passing by. Check the link https://www.regulations.gov/docket?D=USCIS-2010-0017 which gives you information abot when the rule was posted and that was part of the immigration package that Obama worked on.

Just like you, I was also closely observing the 2011 thing and was hopeful as I had not filed my I485 by then, and needed the EAD for my spouse.

[qesehmk]

I do believe Obama used Legal immigrants as pawns to get a deal for Dreamers. He used us; plain and simple. In the end he was not able to get the deal done. When Obama came to office everybody was losing jobs, you think passing immigration bill would have worked? He had to fix economy first and that's what he did.

I just want to say that indeed Obama's bigger priority was dreamers. Between Obama and Trump - there is very little difference over their love (or lack thereof) towards H1B workers. Obama is qualitatively superior and economically sound ... Trump is crass. Trump is using Banon's anti-globalization agenda. I do not think Trump believes in anything other than his own well being. And that is quite scary not just for H1B workers but for America and its ideals.

But thats another topic. I must say - Indians must realize that they don't really have any friends politically speaking. The sooner they realize the better. They must build their own power and lobby for themselves. We are not as weak as you may think. The only problem is we are not united on this issue and hesitate to make noise. My 2 cents.

[Jagan01]

I just want to say that indeed Obama's bigger priority was dreamers. Between Obama and Trump - there is very little difference over their love (or lack thereof) towards H1B workers. Obama is qualitatively superior and economically sound ... Trump is crass. Trump is using Banon's anti-globalization agenda. I do not think Trump believes in anything other than his own well being. And that is quite scary not just for H1B workers but for America and its ideals.

But thats another topic. I must say - Indians must realize that they don't really have any friends politically speaking. The sooner they realize the better. They must build their own power and lobby for themselves. We are not as weak as you may think. The only problem is we are not united on this issue and hesitate to make noise. My 2 cents.Agreed. We all know that Trump is anti-immigrant. But Obama and other democrats are hipocrites. They can legally acheive a lot for legal/employment-based immigrants as the republicans won't oppose it and there is broad consensus on both sides for legal immigrants. Democrats purposely don't want to address legal immigration separately, think why ?

Now they have become even worse. Republicans want to address DACA and Wall/border-funding together and even that is not acceptable to democrats. The only reason is that democrats don't want anything done for immigration and just want it to be slow boiling issue.

[altek001]

Agreed. We all know that Trump is anti-immigrant. But Obama and other democrats are hipocrites. They can legally acheive a lot for legal/employment-based immigrants as the republicans won't oppose it and there is broad consensus on both sides for legal immigrants. Democrats purposely don't want to address legal immigration separately, think why ?

Now they have become even worse. Republicans want to address DACA and Wall/border-funding together and even that is not acceptable to democrats. The only reason is that democrats don't want anything done for immigration and just want it to be slow boiling issue.

Agreed. He is an anti-immigrant and legal immigrant policies are going to get tougher. One thing is for sure, DACA folks will get to stay as long the border wall is funded. DEM will get DACA to appease their mexican vote bank and REP towards their constituents as campaiged.

There isn't going to be any piecemeal immigration for backlogs or end of country cap..Period.... I know it hurts, but we have to accept the reality.

[altek001]

No body can tell for sure.. . I am hazarding a guess. Your guess is as good as mine.

Without Spillover - Your Date may be current in 2023
With Spillover - Your Date may be current around 2020/21.

Note 1: Being current does not mean you will get your green card. It may take another 1 to 3 years to get green card after you get current.
Note 2: Nobody knows if there is any spillover coming our way.
Note 3: My PD is Dec 2010.

Cheers!

SKPanda,
Good to know. Why would it take 1 to 3 years to get green card if dates are current? Is that the USCIS processing time?

[nbk1976]

Being “current” is a “guesstimate” even for the USCIS; massive porting and other issues cause your file never to reach the adjudicator before dates retrogress. If date becomes current and remains “stable” for a few months, then there can be some reason to be hopeful. As of now, those folk who are in early and mid 2008 can be hopeful.

[Spectator]

I noticed a little nugget about EB1 use in FY2017 from this article (https://visaserve.com/lawyer/2017/11/28/Visa-Bulletin/DOS-UPDATE-VISA-BULLETIN-FOR-DECEMBER-2017_bl32472.htm) about CO comments.


Due to the availability of otherwise unused numbers, last fiscal year, EB-1 China and EB-1 India used approximately 6,300 and 13,000 visa numbers, respectively.

That was despite retrogression of the dates for the final 4 months of the FY.

[suninphx]

I noticed a little nugget about EB1 use in FY2017 from this article (https://visaserve.com/lawyer/2017/11/28/Visa-Bulletin/DOS-UPDATE-VISA-BULLETIN-FOR-DECEMBER-2017_bl32472.htm) about CO comments.



That was despite retrogression of the dates for the final 4 months of the FY.

13000 EB1-I ....in 8 months ... hmm

[AC_1980]

hello everyone,
just wanted to bump up my original post to get some feedback/ advice. I appreciate any help in this regard.



I have a quick question for the gurus here. We are currently AOS and use EAD for work authorization. We applied for our EAD/AP renewal back in August this year (receipt date Aug 11, 2017, EB2, PD June 2009). We are currently waiting for our renewed EAD/AP combo cards. We are aware of the automatic 180 day extension for (c)(9) category for AOS applicants.

My question is: Can we/ should we take an InfoPass appointment regarding our case? Does USCIS still allow InfoPass with the automatic 180 day extension?

I appreciate any feedback on this matter.
regards

[qesehmk]

13000 EB1-I ....in 8 months ... hmm

For a country that has 1.2 billion people and provides 70-80% of H1B candidates .. i would expect Indians getting at least 50% .. but there is this little thing called country quota.. isn't it.

[suninphx]

For a country that has 1.2 billion people and provides 70-80% of H1B candidates .. i would expect Indians getting at least 50% .. .

Sure....specially if you work for a company who knows 'how to game' the system by showing fake org charts, assigning same resources for different managers etc etc. why stop at 50% ..take all 40 K available per year for EB1-I..(plus any other category visa)... we all need more 'international' managers....don't we?

And btw- none of what you mentioned (i.e. population and h1 % ) entitles you for a GC.

[qesehmk]

Sure....specially if you work for a company who knows 'how to game' the system by showing fake org charts, assigning same resources for different managers etc etc. why stop at 50% ..take all 40 K available per year for EB1-I..(plus any other category visa)... we all need more 'international' managers....don't we?

And btw- none of what you mentioned (i.e. population and h1 % ) entitles you for a GC.
Hey be America's guest and wait another 10 years.

I was speaking for the rest that think there is injustice here.

As per the EB1C - why don't you give it a shot? Do you think all of them are cheaters? The reality is obtaining EB1C is much harder than mugging some stupid exam, following the herds to US and then sweating in pants about could've been and should've been.

[suninphx]

I was speaking for the rest that think there is injustice here -->>
Umm - selective injustice ?

As per the EB1C - why don't you give it a shot? -->>
Well I could have obtained it long time back.... but I decided to move on as conscious career choice and I don't regret that decision AT ALL

The reality is obtaining EB1C is much harder than mugging some stupid exam, following the herds to US and then sweating in pants about could've been and should've been.-->>
None of this applies to me ...so not going to answer

PS: People who got lucky and got GC in 3-4 years will NEVER understand pain
PPS: If you think you have not followed the herd to US and achieved something great ...please please prove it with real identity and I would be very happy that a fellow Indian reached to such heights

[qesehmk]

When we talk about so called EB1C abuse - it automatically gives credence to theories about H1B abuse.

This is no different than victimshaming victims of rape.

That is why I am opposed to it.

As per my identity - quite a few people on this forum know me. You need to be in the circle of trust to know it.

If you remember I tried to reach you long time back for a cup of coffee given that your name suggested you are in Phoenix. I never heard back.



I was speaking for the rest that think there is injustice here -->>
Umm - selective injustice ?

As per the EB1C - why don't you give it a shot? -->>
Well I could have obtained it long time back.... but I decided to move on as conscious career choice and I don't regret that decision AT ALL

The reality is obtaining EB1C is much harder than mugging some stupid exam, following the herds to US and then sweating in pants about could've been and should've been.-->>
None of this applies to me ...so not going to answer

PS: People who got lucky and got GC in 3-4 years will NEVER understand pain
PPS: If you think you have not followed the herd to US and achieved something great ...please please prove it with real identity and I would be very happy that a fellow Indian reached to such heights

[suninphx]

When we talk about so called EB1C abuse - it automatically gives credence to theories about H1B abuse.

This is no different than victimshaming victims of rape.

That is why I am opposed to it.

As per my identity - quite a few people on this forum know me. You need to be in the circle of trust to know it.

If you remember I tried to reach you long time back for a cup of coffee given that your name suggested you are in Phoenix. I never heard back.

Comparison you are making is beyond my comprehension so let me leave it at that.

Thanks for invitation (frankly I don't remember it)... Not in PHX currently, but some day...sure.

[qesehmk]

My point is ... lets not do victimshaming. Lets not do anything that badmouths fellow immigrants who have already suffered way too much.

As per Phoenix - I no longer live there. Miss Arizona.


Comparison you are making is beyond my comprehension so let me leave it at that.

Thanks for invitation (frankly I don't remember it)... Not in PHX currently, but some day...sure.

[maverick23]

I am newbie here; however, it seems this forum is also going down the path like so many other forums have in the past. I really come here regularly with a hope to get some intel on things are shaping up for the legal immigrant community. However, these series of posts "personal attacks" in the last couple of days are bothersome.

I have been hoping to bring some sense to the excruciating wait for the EB3-I community. I think it was Q who had a post sometime earlier regarding EB3-I predictions. Not putting you on the spot but can you please help reason the stand UCSIS has taken in FY 2018 by not accepting the filing dates? To make things worse, the state dept seems to want to continue its method of allocating monthly quotas and appear to wait till the last quarter for spillover. This is just un-explainable when 1) EB3 ROW is current since August 2) EB3 spillover visas were allocated not EB3-I but to other categories in the last month 3) Processing delays due to 485 interview requirements.

Can one of the "SMEs" here explain this phenomenon.

[nagendra75]

You guys are awesome and have fantastic insights and are an excellent support to the immigrant community here. God bless you all with a long healthy life and may all your good wishes come true!

[qesehmk]

I am newbie here; ...
Maverick - I restored the post you deleted. We try to keep freedom of speech on this forum. But if you feel like then of course go ahead and delete.

As per EB3I - DoS should be applying quarterly spillover. But they are not. In fact now a days they don't even apply spillover in the last quarter. They wait right till last month.

As I keep saying .... these are all tactics to keep Indians from getting visas. This is sick.

On a general note - this forum is available to you but nobody really controls it. You guys need to be SMEs for each other.

[dreamze]

Hello

Hope you are all doing great!

I need your valuable help with my situation here. I have new job offer from top most company and don’t want to let it go. My current ead is expiring in February and my ead extention is pending. Due to new rule I will have 180 days after next month to wait for new ead.

Do you think it’s advisable to change job while ead extension is pending. Gurus please help.
Thanks in advance!

[gcq]

I am newbie here; however, it seems this forum is also going down the path like so many other forums have in the past. I really come here regularly with a hope to get some intel on things are shaping up for the legal immigrant community. However, these series of posts "personal attacks" in the last couple of days are bothersome.

I have been hoping to bring some sense to the excruciating wait for the EB3-I community. I think it was Q who had a post sometime earlier regarding EB3-I predictions. Not putting you on the spot but can you please help reason the stand UCSIS has taken in FY 2018 by not accepting the filing dates? To make things worse, the state dept seems to want to continue its method of allocating monthly quotas and appear to wait till the last quarter for spillover. This is just un-explainable when 1) EB3 ROW is current since August 2) EB3 spillover visas were allocated not EB3-I but to other categories in the last month 3) Processing delays due to 485 interview requirements.

Can one of the "SMEs" here explain this phenomenon.

This is an intentional move by Visa office to deny visas to EB3-I. It is up to us to fight against this "illegal" discrimination. Nobody seems to willing to "bell the cat". I am a GC holder for the past 2 years.

[dreamze]

Hello

Hope you are all doing great!

I need your valuable help with my situation here. I have new job offer from top most company and don’t want to let it go. My current ead is expiring in February and my ead extention is pending. Due to new rule I will have 180 days after next month to wait for new ead.

Do you think it’s advisable to change job while ead extension is pending. Gurus please help.
Thanks in advance!

Friends,
Any input on this? Please share if you know any of such situation. Happy Sunday!

[gcq]

Friends,
Any input on this? Please share if you know any of such situation. Happy Sunday!
EAD is not really dependent on employer. It is only dependent on your pending I-485. As long as your pending I-485 is in good standing you should be good. The worst case scenario in this situation is USCIS could issue and RFE for EVL. Make sure you have an offer letter from your prospective employer that is AC21 compliant ( Same or similar job)

[imdeng]

If I were in your situation, I would accept the job. EAD is not linked to your job - you filed for renewal on time, all paperwork is in order - then you are good.


Hello

Hope you are all doing great!

I need your valuable help with my situation here. I have new job offer from top most company and don’t want to let it go. My current ead is expiring in February and my ead extention is pending. Due to new rule I will have 180 days after next month to wait for new ead.

Do you think it’s advisable to change job while ead extension is pending. Gurus please help.
Thanks in advance!

[dreamze]

If I were in your situation, I would accept the job. EAD is not linked to your job - you filed for renewal on time, all paperwork is in order - then you are good.

Thanks a lot! I really appreciate your prompt response imdeng and gcq.

[tatikonda]

Maverick - I restored the post you deleted. We try to keep freedom of speech on this forum. But if you feel like then of course go ahead and delete.

As per EB3I - DoS should be applying quarterly spillover. But they are not. In fact now a days they don't even apply spillover in the last quarter. They wait right till last month.

As I keep saying .... these are all tactics to keep Indians from getting visas. This is sick.

On a general note - this forum is available to you but nobody really controls it. You guys need to be SMEs for each other..

I firmly believe that "IT Serve" is instrumental in making filing dates go back in October 2015.
They heavily lobbied against Indians getting visa.
Rahul Reddy was main person in this saga...

Regards
Tatikonda.

[tatikonda]

,

Kevin Yoder is up for reelection in 2018. He is trying to appease Indian community and don't know his sincerity.
I doubt it because, with 300 co-sponsors this bill will pass easily in house but he is not making any attempt to bring it to house vote floor.
getting many co-sponsors in just time consuming effort. Even if it passes in House in March/April 2018. There is no guarantee that this will become LAW.
As there is absolutely no effort for this legislation in Senate. Please do not have any hopes on this.
Similar Bill was passed in 2012 with 395 Votes but no action in Senate.

I reached to Kevin Yoder's Office on his plans to bring his Bill in early November.
They told me that they are planning to attach this bill with DACA but now looks like most legislators want to attach DACA with Continuing Resolutions to fund Temporarily the Federal Government. So chances of attaching DACA to HR392 are slim to none.

I am guessing Bill HR392 will never go to house floor.

[gs1968]

To Tatikonda
There are still a lot of moving parts in this story. I agree with you that DACA is not going to be a part of the must pass Continuing resolution. Even Chuck Schumer has played down the chances of any Government shutdown over this issue

http://thehill.com/homenews/senate/363379-schumer-downplays-shutdown-chances-over-daca-fight

On the other hand the GOP Senators have introduced the following legislation today

https://www.grassley.senate.gov/news/news-releases/grassley-secure-act-protects-daca-recipients-and-provides-needed-reforms

The complete text of the Bill will be available shortly so we can see what the basis of the reforms in the EB system will be. The DACA legislation is most likely to originate in the Senate where the lead Senator is going to be Grassley and we all know what his opinion of HR 392 bills are.
In short my feeling is that DACA is a standalone Bill next year which will include some increased border security funding and enforcement measures in exchange for legalization of the Dreamers.

[Spectator]

DOS have started publishing the FY2017 Visa Statistics (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2017.html).

Meanwhile, DHS has just started to publish FY2016 statistics (https://www.dhs.gov/immigration-statistics/yearbook/2016). I think that says everything about the efficiency of USCIS.

There's not much of interest published to date in the DOS Visa Statics for FY2017. Only part of the Consular Processing figures are available.

CONSULAR PROCESSING ONLY (EXCLUDES AOS APPROVALS)

Category ----------- FY2017 --- FY2016
Family Based ------ 212,155 -- 215,498
Employment Based --- 23,814 --- 25,056


Employment Based --- FY2017 --- FY2016
China --------------- 8,039 ---- 8,673
India ----------------- 756 ------ 676
Mexico ---------------- 278 ------ 241
Philippines --------- 4,278 ---- 5,664
ROW ---------------- 10,463 ---- 9,802

Total -------------- 23,814 --- 25,056


Category ----------- FY2017 --- FY2016
EB1 ----------------- 2,529 ---- 2,361
EB2 ----------------- 3,223 ---- 2,155
EB3 ----------------- 7,893 --- 10,301
EB4 ----------------- 1,755 ---- 1,734
EB5 ----------------- 8,414 ---- 8,505

Total -------------- 23,814 --- 25,056


Only when Table V is published will we know the total approvals for the FY. This is usually one of the last tables to be updated.

[Spectator]

The annual report of Consular Processing cases waiting at NVC has been published.

You can find it here (https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2017.pdf).

[altek001]

Video leak of IT Serve alliance and Immigration lawyers colluding with senators and USCIS to derail Immigration reform, enslave H1B workers indefinitely, displace US workers and artificially depress wages, manipulate market activity. Modern day Slavery, Bonded Labor.

https://www.youtube.com/watch?v=lGnBw02iKDU&feature=youtu.be

Quite interesting. Not sure on the veracity of this video to keep H1b's against getting Green Card. Corporations are raising upto $100,000 to exclude any GC legislation for H1b and this is quite sickening.

[altek001]

https://www.youtube.com/watch?v=4yMW-TP6Gfs

Check out this video... Guess who is in it... Rahul Reddy and Sheela Murthy with IT Serve Alliance. These are the real scumbags and the reason there has been no relief for GC or I-140/Ead for Indians. They have been boycotting all Obama legisilations all way along pretending they are there to assist H1b community.

[qesehmk]

Friends - you don't need any video to understand this. Just give it a good think. Who would benefit by keeping you on H1B. If an H1B person gets GC - more often than not in 3 years or less s/he could be earning anywhere between 25% to 100% more.


Video leak of IT Serve alliance and Immigration lawyers colluding with senators and USCIS to derail Immigration reform, enslave H1B workers indefinitely, displace US workers and artificially depress wages, manipulate market activity. Modern day Slavery, Bonded Labor.

https://www.youtube.com/watch?v=lGnBw02iKDU&feature=youtu.be

Quite interesting. Not sure on the veracity of this video to keep H1b's against getting Green Card. Corporations are raising upto $100,000 to exclude any GC legislation for H1b and this is quite sickening.

[altek001]

Friends - you don't need any video to understand this. Just give it a good think. Who would benefit by keeping you on H1B. If an H1B person gets GC - more often than not in 3 years or less s/he could be earning anywhere between 25% to 100% more.

To add to your point, which i agree. Lawyers and IT Serve alliance get to benefit from cheap programs such as STEM OPT- EAD, h4 ead and DACA EAD as there is no prevailing wage in these categories. These programs suppress wages to a great extent. Time to get rid all of them.

Obama needed all these programs to appease the tech giants and which is why he enacted them by bypassing congress.

[gs1968]

This is an interesting article which looks ahead to the next congress. If conditions are not optimal at this time for favorable immigration reform then we have to look ahead to the next chairman of HJC. Goodlatte who voted for HR 3012 has shown no willingness to bring similar bills up after he took over the job in 2013. Labrador would have been helpful but is going to run for ID governor. A Democratic takeover and Lofgren chairmanship would be the best scenario.

http://thehill.com/policy/national-security/364028-house-gavel-with-impeachment-power-up-for-grabs

[feedmyback]

Someone posted this on trackitt comparing the PERM numbers between 2016 and 2017. There is a visible reduction in PERM numbers in 2017. Does it mean there will be some spillover this year for EB2/EB3 India?

https://www.permchecker.com/2016

https://www.permchecker.com/2017

[EB3Iwaiting]

Someone posted this on trackitt comparing the PERM numbers between 2016 and 2017. There is a visible reduction in PERM numbers in 2017. Does it mean there will be some spillover this year for EB2/EB3 India?

https://www.permchecker.com/2016

https://www.permchecker.com/2017

Does not matter much. CO does not apply SO till the last month of the year and does not move dates aggressively enough. By the time he does it, it is too late to approve those cased within the same FY. He will then complain that applicants are late in sending their RFE documents which is why he needed to divert GCs to another category so that they are not wasted. It is the same story for the past 3 years even since EB3ROW started giving some SO to EB3Is.

This is an ongoing conspiracy to prevent giving GCs to Indians as much as possible.

[qesehmk]

I agree on Lawyers and IT serve alliance. But Obama is in a different league - individually and as a president.

What makes the world complex is motivations and values of individuals and entities. Too many shades of grey and too little b&w!

STEM OPT - EAD is a legitimate policy decision to retain talent in US. DACA EAD is a political calculation and a fiscal decision too since it generates revenue. H4 EAD must be result of corporate lobbying.

Any interest of immigrants is collateral and incidental. All 3 decisions above are driven by various motivations.

p.s. - While I do agree that immigrants are paid less - I am not sure about H1Bs ability to suppress wages beyond. I think American economy is too big to be influenced like that.


To add to your point, which i agree. Lawyers and IT Serve alliance get to benefit from cheap programs such as STEM OPT- EAD, h4 ead and DACA EAD as there is no prevailing wage in these categories. These programs suppress wages to a great extent. Time to get rid all of them.

Obama needed all these programs to appease the tech giants and which is why he enacted them by bypassing congress.

[YTeleven]

Someone posted this on trackitt comparing the PERM numbers between 2016 and 2017. There is a visible reduction in PERM numbers in 2017. Does it mean there will be some spillover this year for EB2/EB3 India?

https://www.permchecker.com/2016

https://www.permchecker.com/2017

Less PERM numbers are always a good news for the EB-I backlogs.. but we might see the effect of it in future not now... also EB2-I will have very minimal effect out of these processing delays. on the other hand we will see huge effect on EB3-I backlogs.. I think we will approach towards a zero upward porting very soon.

[EB3Iwaiting]

Hi YT,

I still think a lot depends on how DOS wants to move the Final Action dates. If CO is not aggressive enough in moving EB3I dates, visas will be reallocated to other categories at the end of the year. Happening for the past 3 years now. Or else, your calculation was spot on. As long as EB3 gets its fair share of GCs, EB3I should move forward rapidly.

Also, why do you think that EB2-I will see minimal effects of the processing delays?

[YTeleven]

Hi YT,

I still think a lot depends on how DOS wants to move the Final Action dates. If CO is not aggressive enough in moving EB3I dates, visas will be reallocated to other categories at the end of the year. Happening for the past 3 years now. Or else, your calculation was spot on. As long as EB3 gets its fair share of GCs, EB3I should move forward rapidly.

Also, why do you think that EB2-I will see minimal effects of the processing delays?

I don't have a straight answer to this but I'll say this:
With NO more vertical spillover, having the supply of visas equally divided among EB 3 & 4 as 40k each and demand numbers are always higher for EB2 comparing to EB3 (60:40)
In this situation if you are expecting any horizontal spillover in these 2 categories you will always see a better spillover in EB3-I than EB2-I.

[eb2visa]

Where is the visa builletin?

[suninphx]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-january-2018.html

[imdeng]

Status-quo is continuing. No surprises - positive or otherwise.

EB3P seems to have almost fully caught up with demand. It might not consume as much horizontal spillover as was the case before - good news for EB3I.

Apparently a recession is just around the corner. We can do with one (purely from a backlog reduction point of view).


https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-january-2018.html

[srimurthy]

Gurus - do we know of any possible people porting from EB2 to EB1?
And if yes what's the count or numbers.

[redsox2009]

November 2017 Consular Processing Figures

DOS have published the figures for Nov 2017 https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html

Here's the analysis of the Employment Based Classes.


Nov 2017 Consular Processing - Employment Classes

Class --- China --- India --- Mexico --- Philippines ---- ROW --- Total
EB1 --------245 -------36 -------- 2 ------------- 0 ---- 166 ----- 449
EB2 -------- 03 ------- 4 -------- 4 -------------25 ---- 228 ----- 264
EB3 ---------17 ------ 12 -------- 7 ----------- 218 ---- 303 ----- 557
EB4 --------- 1 -------10 -------- 0 ------------- 0 -----127 ------138
EB5 ------- 619 ------ 20 -------- 2 ------------- 3 ---- 325 ----- 969

Total ----- 885 ------ 082 -------15 ----------- 246 ----1149 --- 2,377

[redsox2009]

Wrote a python code to read the monthly Visa issuance spreadsheet and calculate the totals.

if interested use the code. I'm new to Python, if anyone is can tweak, you are more than welcome.

here is my amateur python code.
################################################## #################################
import openpyxl

wb = openpyxl.load_workbook("NOVEMBER 2017 - ** Issuances by FSC and Visa Class.xlsx")

sheet_names = wb.get_sheet_by_name('Table 1')

##Country={}
visa_iss_EB1 = ['E11', 'E12', 'E13','E14', 'E15']
visa_iss_EB2 = ['E21','E22','E23']
visa_iss_EB3 = ['E31','E32','E34','E35','EW3','EW4','EW5']
visa_iss_EB4 = ['BC1','SF1','BC2','SF2','BC3','SF3','SD1','SG1','S D2','SG2','SD3','SH1','SE1','SH2','SE2','SJ1','SE3 ','SJ2','SK1','SN2','SK2','SN3','SK3','SN4','SK4', 'SR1','SL1','SR2','SN1','SR3']
visa_iss_EB5 = ['C51','C52','C53','T51','T52','T53','R51','R52','R 53','I51','I52','I53']
print("Start reading damn reading")
IND_EB1_Sum = 0
CHI_EB1_Sum =0
MEX_EB1_Sum =0
PHI_EB1_Sum =0
ROW_EB1_Sum =0
IND_EB2_Sum = 0
CHI_EB2_Sum =0
MEX_EB2_Sum =0
PHI_EB2_Sum =0
ROW_EB2_Sum =0
IND_EB3_Sum = 0
CHI_EB3_Sum =0
MEX_EB3_Sum =0
PHI_EB3_Sum =0
ROW_EB3_Sum =0
IND_EB4_Sum = 0
CHI_EB4_Sum =0
MEX_EB4_Sum =0
PHI_EB4_Sum =0
ROW_EB4_Sum =0
IND_EB5_Sum = 0
CHI_EB5_Sum =0
MEX_EB5_Sum =0
PHI_EB5_Sum =0
ROW_EB5_Sum =0
row_count = sheet_names.max_row

for row in range(2, row_count + 1):
Country_name = sheet_names['A' + str(row)].value
Visa_Class = sheet_names['B' + str(row)].value
Issuances = sheet_names['C' + str(row)].value
for EB1 in visa_iss_EB1:
if Country_name == 'India':
if Visa_Class == EB1:
IND_EB1_Sum = Issuances+IND_EB1_Sum
##print(Country_name,Visa_Class,Issuances)

elif Country_name == 'China - mainland born':
if Visa_Class == EB1:
CHI_EB1_Sum = Issuances+CHI_EB1_Sum
##print(Country_name,Visa_Class,Issuances)
elif Country_name == 'Mexico':
if Visa_Class == EB1:
MEX_EB1_Sum = Issuances+MEX_EB1_Sum
elif Country_name == 'Philippines':
if Visa_Class == EB1:
PHI_EB1_Sum = Issuances+PHI_EB1_Sum
else:
if Visa_Class == EB1:
ROW_EB1_Sum = Issuances+ROW_EB1_Sum
for EB2 in visa_iss_EB2:
if Country_name == 'India':
if Visa_Class == EB2:
IND_EB2_Sum = Issuances+IND_EB2_Sum
##print(Country_name,Visa_Class,Issuances)

elif Country_name == 'China - mainland born':
if Visa_Class == EB2:
CHI_EB2_Sum = Issuances+CHI_EB2_Sum
##print(Country_name,Visa_Class,Issuances)
elif Country_name == 'Mexico':
if Visa_Class == EB2:
MEX_EB2_Sum = Issuances+MEX_EB2_Sum
elif Country_name == 'Philippines':
if Visa_Class == EB2:
PHI_EB2_Sum = Issuances+PHI_EB2_Sum
else:
if Visa_Class == EB2:
ROW_EB2_Sum = Issuances+ROW_EB2_Sum
for EB3 in visa_iss_EB3:
if Country_name == 'India':
if Visa_Class == EB3:
IND_EB3_Sum = Issuances+IND_EB3_Sum
##print(Country_name,Visa_Class,Issuances)

elif Country_name == 'China - mainland born':
if Visa_Class == EB3:
CHI_EB3_Sum = Issuances+CHI_EB3_Sum
##print(Country_name,Visa_Class,Issuances)
elif Country_name == 'Mexico':
if Visa_Class == EB3:
MEX_EB3_Sum = Issuances+MEX_EB3_Sum
elif Country_name == 'Philippines':
if Visa_Class == EB3:
PHI_EB3_Sum = Issuances+PHI_EB3_Sum
else:
if Visa_Class == EB3:
ROW_EB3_Sum = Issuances+ROW_EB3_Sum
for EB4 in visa_iss_EB4:
if Country_name == 'India':
if Visa_Class == EB4:
IND_EB4_Sum = Issuances+IND_EB4_Sum
##print(Country_name,Visa_Class,Issuances)

elif Country_name == 'China - mainland born':
if Visa_Class == EB4:
CHI_EB4_Sum = Issuances+CHI_EB4_Sum
##print(Country_name,Visa_Class,Issuances)
elif Country_name == 'Mexico':
if Visa_Class == EB4:
MEX_EB4_Sum = Issuances+MEX_EB4_Sum
elif Country_name == 'Philippines':
if Visa_Class == EB4:
PHI_EB4_Sum = Issuances+PHI_EB4_Sum
else:
if Visa_Class == EB4:
ROW_EB4_Sum = Issuances+ROW_EB4_Sum
for EB5 in visa_iss_EB5:
if Country_name == 'India':
if Visa_Class == EB5:
IND_EB5_Sum = Issuances+IND_EB5_Sum
##print(Country_name,Visa_Class,Issuances)

elif Country_name == 'China - mainland born':
if Visa_Class == EB5:
CHI_EB5_Sum = Issuances+CHI_EB5_Sum
##print(Country_name,Visa_Class,Issuances)
elif Country_name == 'Mexico':
if Visa_Class == EB5:
MEX_EB5_Sum = Issuances+MEX_EB5_Sum
elif Country_name == 'Philippines':
if Visa_Class == EB5:
PHI_EB5_Sum = Issuances+PHI_EB5_Sum
else:
if Visa_Class == EB5:
ROW_EB5_Sum = Issuances+ROW_EB5_Sum

print ("\n")
print("Total China EB1 is",CHI_EB1_Sum)
print("Total India EB1 is",IND_EB1_Sum)
print("Total Mexico EB1 is", MEX_EB1_Sum)
print("Total Philippines EB1 is", PHI_EB1_Sum)
print("Total ROW EB1 is", ROW_EB1_Sum)
print("Grand Total of EB1", CHI_EB1_Sum+IND_EB1_Sum+MEX_EB1_Sum+PHI_EB1_Sum+RO W_EB1_Sum)

print ("\n")

print("Total China EB2 is",CHI_EB2_Sum)
print("Total India EB2 is",IND_EB2_Sum)
print("Total Mexico EB2 is", MEX_EB2_Sum)
print("Total Philippines EB2 is", PHI_EB2_Sum)
print("Total ROW EB2 is", ROW_EB2_Sum)
print("Grand Total of EB2", CHI_EB2_Sum+IND_EB2_Sum+MEX_EB2_Sum+PHI_EB2_Sum+RO W_EB2_Sum)
print ("\n")

print("Total China EB3 is",CHI_EB3_Sum)
print("Total India EB3 is",IND_EB3_Sum)
print("Total Mexico EB3 is", MEX_EB3_Sum)
print("Total Philippines EB3 is", PHI_EB3_Sum)
print("Total ROW EB3 is", ROW_EB3_Sum)
print("Grand Total of EB3", CHI_EB3_Sum+IND_EB3_Sum+MEX_EB3_Sum+PHI_EB3_Sum+RO W_EB3_Sum)
print ("\n")

print("Total China EB4 is",CHI_EB4_Sum)
print("Total India EB4 is",IND_EB4_Sum)
print("Total Mexico EB4 is", MEX_EB4_Sum)
print("Total Philippines EB4 is", PHI_EB4_Sum)
print("Total ROW EB4 is", ROW_EB4_Sum)
print("Grand Total of EB4", CHI_EB4_Sum+IND_EB4_Sum+MEX_EB4_Sum+PHI_EB4_Sum+RO W_EB4_Sum)
print ("\n")

print("Total China EB5 is",CHI_EB5_Sum)
print("Total India EB5 is",IND_EB5_Sum)
print("Total Mexico EB5 is", MEX_EB5_Sum)
print("Total Philippines EB5 is", PHI_EB5_Sum)
print("Total ROW EB5 is", ROW_EB5_Sum)
print("Grand Total of EB5", CHI_EB5_Sum+IND_EB5_Sum+MEX_EB5_Sum+PHI_EB5_Sum+RO W_EB5_Sum)
print ("\n")

print("Grand Total for China", CHI_EB1_Sum+CHI_EB2_Sum+CHI_EB3_Sum+CHI_EB4_Sum+CH I_EB5_Sum)
print("Grand Total for India", IND_EB1_Sum+IND_EB2_Sum+IND_EB3_Sum+IND_EB4_Sum+IN D_EB5_Sum)
print("Grand Total for Mexico", MEX_EB1_Sum+MEX_EB2_Sum+MEX_EB3_Sum+MEX_EB4_Sum+ME X_EB5_Sum)
print("Grand Total for Philippines", PHI_EB1_Sum+PHI_EB5_Sum+PHI_EB4_Sum+PHI_EB3_Sum+PH I_EB2_Sum)
print("Grand Total for ROW", ROW_EB1_Sum+ROW_EB2_Sum+ROW_EB3_Sum+ROW_EB4_Sum+RO W_EB5_Sum)

[NeelVohra]

Does anyone have any explanation for the differences in the numbers for EB-2I in the pending inventory for 2009.

How can the numbers for many months in 2009 change, when no visas could have been granted for those months, or new applications be filed during the period.

Similar changes are true for other months in 2009 and 2010.

For e.g. when considering Dec 2009



Report Date
Count


October 2016 (https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/EB_I-485_Pending_Inventory_as_of_October_2016.pdf)
1152


Jan 2017 (https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/EB_I-485_Pending_Inventory_as_of_January_2017.pdf)
1162


April 2017 (https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/EB_I-485_Pending_Inventory_04-26-2017.pdf)
519


Aug 2017 (https://www.uscis.gov/sites/default/files/EB_I_485_Pending_Inventory_August17.pdf)
1152


Oct 2017 (https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/I-485%20Employment-Based%20Inventory%20Statistics/EB_I_485_Pending_Inventory_from_the_Service_Center s_As_of_10-01-2017.pdf)
510

[nagendra75]

Does anyone have any explanation for the differences in the numbers for EB-2I in the pending inventory for 2009.

How can the numbers for many months in 2009 change, when no visas could have been granted for those months, or new applications be filed during the period.

Similar changes are true for other months in 2009 and 2010.

For e.g. when considering Dec 2009



Report Date
Count


October 2016 (https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/EB_I-485_Pending_Inventory_as_of_October_2016.pdf)
1152


Jan 2017 (https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/EB_I-485_Pending_Inventory_as_of_January_2017.pdf)
1162


April 2017 (https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/EB_I-485_Pending_Inventory_04-26-2017.pdf)
519


Aug 2017 (https://www.uscis.gov/sites/default/files/EB_I_485_Pending_Inventory_August17.pdf)
1152


Oct 2017 (https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/I-485%20Employment-Based%20Inventory%20Statistics/EB_I_485_Pending_Inventory_from_the_Service_Center s_As_of_10-01-2017.pdf)
510



Decreases in numbers probably can be explained... like abandonment, withdrawals, denials etc.. the increases seems to be goofy... :-(

[EB2-03252009]

Hi Spec, any plans to update trackitt data for FY 2018?

[nagendra75]

Folks, that would love to help the immigrant community in the United States, please plan on attending the SIIA Event in Washington DC on Feb 8th 2018. Please see the details here:
https://www.facebook.com/SkilledImmigrantsinAmerica/videos/1916774068650812/

[nagendra75]

Folks, that would love to help the immigrant community in the United States, please plan on attending the SIIA Event in Washington DC on Feb 8th 2018. Please see the details here:
https://www.facebook.com/SkilledImmigrantsinAmerica/videos/1916774068650812/
or sign up here --> Sign up at http://advocacy.siia.us

[gcq]

Folks, that would love to help the immigrant community in the United States, please plan on attending the SIIA Event in Washington DC on Feb 8th 2018. Please see the details here:
https://www.facebook.com/SkilledImmigrantsinAmerica/videos/1916774068650812/
Is this a new organization ? Never heard of it before.

[rock581]

I am not a fan of I* but these SIIA guys are worse. SIIA guys are puppets of lawyers and tech companies, who are out to screw us royally.

The problem is these guys don't even realize that they are hurting us by doing and spreading stupid things.


Is this a new organization ? Never heard of it before.

[qesehmk]

I am not a fan of I* but these SIIA guys are worse. SIIA guys are puppets of lawyers and tech companies, who are out to screw us royally.

The problem is these guys don't even realize that they are hurting us by doing and spreading stupid things.
Can u please care to elaborate and substantiate with specifics?

I had not heard of this organization until today. I checked their website. I thought their agenda is spot on. However - I must say anybody can put a web page together. And I also must say ... ** ... while are dumb ... are genuinely putting sincere efforts.

If there is another organization ... all the better... Just curious why you carry such an unfavorable opinion about siia.

[iatiam]

Can u please care to elaborate and substantiate with specifics?

I had not heard of this organization until today. I checked their website. I thought their agenda is spot on. However - I must say anybody can put a web page together. And I also must say ... ** ... while are dumb ... are genuinely putting sincere efforts.

If there is another organization ... all the better... Just curious why you carry such an unfavorable opinion about siia.

Let me tell you about my own experience working with some of these folks from SIIA. The first time I heard about them was when a friend added me to their Facebook group and there was a frenzy to complete an online petition to re-capture green cards. They were looking to gather up a threshold of petitions so as to get a response from White House. They did reach the goal and got a template response from perhaps one of the WH staffers or interns which said essentially nothing.

And then came HR392 or HR213 as it was called in last congress. Some of the SIIA members joined our advocacy efforts and tried to help. After some time they realized that the bill wasn't about GC re-capture! Some how SIIA confuses their members with changing agendas. First it was GC re-capture and useless petition, then letters to congress and in between trolling of the president, speaker and others to pass the bill.

I am not a fan of Imm**** Vo***. They are nasty, quarrelsome and has a holier than thou attitude. But at least they are singularly focussed on removing per country caps which will solve the problem. You don't have to believe my words about SIIA. Just subscribe to their Telegram and you will know. They are completely clueless, throwing one idea after the other and shooting themselves in the foot.

Iatiam

[qesehmk]

Thank you iatiam. This is helpful.
Let me tell you about my own experience working with some of these folks from SIIA. The first time I heard about them was when a friend added me to their Facebook group and there was a frenzy to complete an online petition to re-capture green cards. They were looking to gather up a threshold of petitions so as to get a response from White House. They did reach the goal and got a template response from perhaps one of the WH staffers or interns which said essentially nothing.

And then came HR392 or HR213 as it was called in last congress. Some of the SIIA members joined our advocacy efforts and tried to help. After some time they realized that the bill wasn't about GC re-capture! Some how SIIA confuses their members with changing agendas. First it was GC re-capture and useless petition, then letters to congress and in between trolling of the president, speaker and others to pass the bill.

I am not a fan of Imm**** Vo***. They are nasty, quarrelsome and has a holier than thou attitude. But at least they are singularly focussed on removing per country caps which will solve the problem. You don't have to believe my words about SIIA. Just subscribe to their Telegram and you will know. They are completely clueless, throwing one idea after the other and shooting themselves in the foot.

Iatiam

[rock581]

Thank you iatiam. This is helpful.

iatiam summed up it up perfectly. However, I will add a bit more

SIIA came up because I* folks rubbed some people the wrong way. SIIA is just a FB group and these are twitter,change.org and FB warriors. Their whole intent now is to do the opposite of what IV is doing and they are all over the place. They want to solve all the problems in one go. H4-EAD, recapture, HR392, citizenship and anything else under the sun. By doing so they play right into corporation and lawyers hands. The Corporations and lawyers want indentured laborers, more H1B's and don't want HR392. Right now SIIA is doing rounds with all of its agenda items and is opposing HR392 because it adds 1K fee per applicant.

I have to say I* though undiplomatic is highly focussed on HR392.

[qesehmk]

Thanks. If this is true then that would be a pity. 1K fees is pittance compared to the lost opportunity of not having green card for decades or years.

Right now SIIA is doing rounds with all of its agenda items and is opposing HR392 because it adds 1K fee per applicant.

[gcq]

One thing i noticed about SIIA is they don't have their own bills. They are just lending support to whatever is out there. As someone who attended IV advocacy days in the past, I see SIIA getting into political mistakes that IV got into when they are young. It is good to have some counter voice to IV, but it is also not a good idea to have different organizations advocating for the same group. They are trying to mimic what IV is doing. All it takes an organization to turn into IV is a self righteous leadership which can happen for this organization any time.

[qesehmk]

I tend to believe that competition is always good. But if I understand some of the things others are saying above - they seem to be suggesting that SIIA is stealth anti immigrant and is only causing confusion rather than focus. I do not know enough to agree or disagree.

Just my 2 cents that regardless of anything backlogged folks should push for abolition of country quota. The more organizations that make a push for it the better it is.
One thing i noticed about SIIA is they don't have their own bills. They are just lending support to whatever is out there. As someone who attended IV advocacy days in the past, I see SIIA getting into political mistakes that IV got into when they are young. It is good to have some counter voice to IV, but it is also not a good idea to have different organizations advocating for the same group. They are trying to mimic what IV is doing. All it takes an organization to turn into IV is a self righteous leadership which can happen for this organization any time.

[nagendra75]

I tend to believe that competition is always good. But if I understand some of the things others are saying above - they seem to be suggesting that SIIA is stealth anti immigrant and is only causing confusion rather than focus. I do not know enough to agree or disagree.

Just my 2 cents that regardless of anything backlogged folks should push for abolition of country quota. The more organizations that make a push for it the better it is.

Sorry folks! Didn't know anything about the various efforts going on to help the immigrant community. Someone passed this on facebook and thought of spreading this. But please include me in any efforts that you all deem fit going forward. Happy to be the drop in the ocean!

[iatiam]

Sorry folks! Didn't know anything about the various efforts going on to help the immigrant community. Someone passed this on facebook and thought of spreading this. But please include me in any efforts that you all deem fit going forward. Happy to be the drop in the ocean!

Nagendra, no need to apologize. It isn't your fault. Unfortunately, SIIA group seems to have a lot more online presence and strength versus a few hundred volunteers for IV. So the real choice is between several thousand fools versus a bunch of dedicated people. If you notice, the advocacy event does not talk about the agenda at all. So the idea is "sign up for this and we will eventually figure it out" does not work in a sensitive and toxic environment. With an administration hostile to immigration, a single misstep will backfire and undo several years of work done on the ground. Tweeting to Sushma Swaraj and Modi can be dismissed as foolishness. But online stalking of Sessions and speaker Ryan are suicidal.

For those of us who have been around for long will realize that HR 3012 passed house overwhelmingly but got stuck in senate because of holds put by Sessions and Grassley. These people are still around and one of them is in a more powerful position.

Now if you want to be part of the efforts, go to IV website and join the state and local chapters. I was actively involved but quit because I couldn't take their attitude any more. But people's tolerance levels vary (mine is very low) and I think the bill is at a crucial step and could use all the help in the world. Good luck to all

Iatiam

[EB3Iwaiting]

I am noticing that PERM approvals have slowed down. Is this because of extreme vetting by this administration causing DOL to scrutinize more and hence, the slow down or is this a side effect of Trump administration's anti-immigrant rhetoric that there is ACTUALLY A REDUCTION in GC filing? I think that this may be a combination of both, but would like to get others' take on it.

[Spectator]

I am noticing that PERM approvals have slowed down. Is this because of extreme vetting by this administration causing DOL to scrutinize more and hence, the slow down or is this a side effect of Trump administration's anti-immigrant rhetoric that there is ACTUALLY A REDUCTION in GC filing? I think that this may be a combination of both, but would like to get others' take on it.
There's an ebb and flow to the pace of OFLC PERM processing.

Currently, they are processing at a far slower rate than applications have been received (after a sustained period where the opposite was true and the backlog numbers reduced).

Here's some historical figures showing PERM applications received, applications processed and the backlog at the end of the FY.

FY ----- Received --- Processed --- Backlog
FY2009 --- 60,977 ------ 36,409 ---- 66,685
FY2010 --- 43,984 ------ 82,685 ---- 29,993
FY2011 --- 67,383 ------ 78,980 ---- 19,807
FY2012 --- 69,738 ------ 66,488 ---- 22,860
FY2013 --- 72,462 ------ 42,491 ---- 49,826
FY2014 --- 74,936 ------ 70,998 ---- 54,523
FY2015 --- 87,644 ------ 89,151 ---- 54,559
FY2016 --- 97,504 ----- 126,143 ---- 26,669
FY2017 -- 105,034 ------ 97,603 ---- 38,819


To date, there is no credible evidence that underlying PERM applications have reduced. The Q1 FY2018 statistics are due soon, which will give the next data point.

[qesehmk]

There's an ebb and flow to the pace of OFLC PERM processing.


I agree with Spec. This is generally true about all other stages of GC processing.