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Spec,
When NVC schedules an interview (for CP cases, mine is follow to join), is a visa number requested then or is it requested at the time of interview(in which case dates have to be current on day of interview).
If NVC schedules interview but dates retrogress so that on interview Im no longer current, will the consulate still grant a visa or I've to wait till dates get current again?
gc_soon,Quote:
Originally Posted by gc_soon
I wouldn't claim to be very expert in CP. All I know has been gleaned from forums - particularly Ron Gotcher's. My understanding is:
Each month, the Consulate reports the number of documentarily qualified immigrant visa applicants to DOS in advance of the VB. They provide information on Country, Category and PD. CO uses this information to calculate Cut Off Date movement. http://www.travel.state.gov/pdf/Immi...ation%20of.pdf
The Consulate is allocated the visas at the beginning of the month the VB relates to based on the information they supplied.
However, the PD must still be Current at the time the interview is completed (and everything must be in order), otherwise the Visa cannot be issued.
On ImmInfo, there is a post by someone who was delayed by the medical (TB related). I seem to remember they were issued a 221g at the interview for the medical to be resolved. By the time that happened, the Cut Off Date had retrogressed and the Visa could not be issued.
In that event, it is returned to DOS for re-use.
I think that is quite a rare occurrence.
I'm little confused.Quote:
Originally Posted by Spectator
So if visa number is taken (since you said it is returned back to DOS for re-use) does it mean visa is allocated when interview is scheduled (but returned if visa can't be issued).
But what about a case where interview is successful, so visa can be granted, but the PD has retrogressed.
It sucks because if CO moves the dates in last quarter, there is a lag for NVC to schedule interview and the interview date itself could be in first quarter of next FY, when PD would retrogress again :(
My understanding is such visa is granted regardless of the PD. The date needs to be current only when visa is asked by the consulate from DoS. Once a number is provided, the consulate has full capability to use it or not. And they will use it as long as the interview was good.
Quote:
Originally Posted by gc_soon
Q, that provides some relief.Quote:
Originally Posted by qesehmk
I've been trying to look at an official statement or law regarding the same, but couldn't find. Also checked the link given by Spec above. Please let me know if you have any pointers.
It's my wife(who is stuck in India because of PD retrogression)'s following to join case.
Answers inline.
Here's the thread I mentioned earlier. In it, Ron Gotcher says:Quote:
Originally Posted by gc_soon
It may be that this particular case took so long to resolve that it involved a final decision in another month than the interview was scheduled in. Ron says:Quote:
If cutoff dates retrogress before you get your visa, they won't be able to complete your processing until they become current again.
Later Ron says:Quote:
When an appointment is scheduled, a visa number is reserved for the applicant. If the visa cannot be issued within the month the interview is scheduled, it is returned to the Visa Office and a new one must be requested when the visa officer is ready to approve the case. If retrogression occurs before your documents are complete, they will not be able to order a new visa for you. Talk to the hospital and do whatever is necessary to get them to expedite the processing of your test.
Quote:
You absolutely have to have the visas issued before the end of this month. Going there and hand delivering them is probably the best idea. Make sure that you emphasize to VFS that you are on a tight deadline.
gc_soon, that's terrible. I can understand how stressful it is.
Here is a link that supports what I said - Click Here.
Check out #5 which says
Quote:
Once a visa is available or a beneficiary’s priority date is current (earlier than the cut-off date listed in the monthly Visa Bulletin),the consular office will schedule the applicant for an interview. The consular office will complete processing of the applicant’s case and decide if the beneficiary is eligible for an immigrant visa.
Quote:
Originally Posted by gc_soon
Thanks for taking the time Spec and Q.
Just to clarify again:
So, in case the visa interview is ok, even if the PD is not current at the time of interview, visa should be issued since it was requested earlier when PD was current. am I correct?
Yes. .
Quote:
Originally Posted by gc_soon
gc_soon,Quote:
Originally Posted by gc_soon
I honestly don't know. I'm truly sorry I can't give you a definitive answer. You might be better raising this with an Immigration Attorney who has experience of Consular Processing. Hopefully it will not be an issue and the PD will remain Current long enough to make the discussion moot. I can lay out what I have found, but I am uncomfortable speculating when the consequences are so far reaching.
It appears that DOS only issue a visa for a period of one month and the Consulate have to return it if not used in that month. The Visa can be re-issued for the following month if the PD is still Current. DOS cannot issue a visa to the Consulate if the PD is not Current.
So it seems the PD must be Current in the month the interview takes place, since otherwise DOS could not issue a visa to the Consulate.
Generally, according to Ron Gotcher, a CP applicant can normally expect to receive an interview date for the month following the PD becoming Current. If the date becomes Current in July, hopefully the Interview would be scheduled for August. If that is the case and the PD is Current for 2 months - no problem.
It's entirely unclear to me what happens if the the PD is only Current for one month and has retrogressed for the month the interview is scheduled.
I can't see a mechanism for the Consulate to order (or DOS to issue) a visa for a month when the PD is no longer Current.
I don't think Q's link answers that either. The general premise is that Cut Off Dates move gradually forward and that a PD will be Current for several months.
The Immigrant Visa Control document I referenced earlier has this to say:
Ultimately, you must decide what you think based on the available information. Again, I would urge you to discuss this with a professional who is competent in this specific area.Quote:
Visa numbers are always allotted for all documentarily qualified applicants with a priority date before the relevant cut-off date, as long as the case had been reported to VO in time to be included in the monthly calculation of visa availability. Failure of visa number receipt by the overseas processing office could mean that the request was not dispatched in time to reach VO for the monthly allocation cycle, or that information on the request was incomplete or inaccurate (e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle are possible in emergency or exceptional cases, but only at the request of the office processing the case. Note that should retrogression of a cut-off date be announced, VO can honor extraordinary requests for additional numbers only if the applicant's priority date is earlier than the retrogressed cut-off date.
Not all numbers allocated are actually used for visa issuance; some are returned to VO and are reincorporated into the pool of numbers available for later allocation during the fiscal year. The rate of return of unused numbers may fluctuate from month to month, just as demand may fluctuate. Lower returns mean fewer numbers available for subsequent reallocation. Fluctuations can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.
Documentarily Qualified:
The applicant has obtained all documents specified by the consular officer as sufficient to meet the formal visa application requirements, and necessary processing procedures of the consular office have been completed.
Thanks Spec. I'll discuss with a lawyer.
I did more search online and I found this reply by Ron,
"When they schedule an interview, they reserve a visa number for you. Generally, this remains valid even if the cutoff date retrogresses since it was taken out of the pool before the retrogression"
http://www.immigration-information.c...ad.php?t=11920
This seems to suggest that retrogression after the interview is scheduled shouldn't affect the case. I hope that's the case.
gc_soon,Quote:
Originally Posted by gc_soon
That would be excellent.
It does make sense, even if it somewhat contradicts what the DOS document says.
I don't see how someone can be expected to go through all the steps to attend a scheduled interview (including the medical) and not know with certainty that they will receive the visa if the interview is successful.
Let us all know how it went for your wife when it is all over.
Yes, Spec will let you know. But I'm still waiting to be current (EB-2 India July 2007).Quote:
Originally Posted by Spectator
But one thing that's confusing is in the forum link above,the user(kiron_ch)says his PD is Apr 2006 which was current only in Sep 2010 and not in Aug 2010 (and luckily for him rest of FY2011), but his message is posted in Aug 2010, so Im not sure how NVC could request a visa number for him when they scheduled the interview. So does that mean NVC doesn't request a number when they schedule the interview(unless they can request when PD is not current too). Confuses me :(
I'll get a legal opinion as well.
It would be some speculation, but don't the NVC get a heads up from DOS in advance of the Cut Off Dates moving forward?Quote:
Originally Posted by gc_soon
That would potentially allow them to schedule the interview and let the applicant know before the Cut Off Date had actually moved forward.
It's the only explanation I can think of.
Good spot by the way!
Yeah, that could be a reason. There are not many follow to join cases, so it's kind of hard to research. I did notice there were many EB2 cases scheduled for interview(based on the interview appointment schedule published in Mumbai consulat'es website). when COD was U for EB2-India (in june 2012 when I was checking). Not sure what happened to those cases.
If there is any administrative delay like interview apointment slots unavailable within the month, Consulates will keep the visa numbers as assigned until the decision which is spontaneous on the day of the interview.Quote:
Originally Posted by gc_soon
Once the interview is done and if the immigrant visa is not issued , consulate will return the visa the following month. Later, when the applicant resubmits the required documents during COD retrogression/U , consulate keeps the file pending.
Thanks Kanmani. So from what you say it seems like PD retrgrogression on month of interview should not be a problem as long as the interview goes fine.
gc_soon,
I see Ron Gotcher answered (presumably) your question.
That's good news.
Spec,Quote:
Originally Posted by Spectator
I'm happy to say that my wife received her visa today :cool:. My PD is July 2007 EB2. I got my GC in 2011.
I got my interview appointment from NVC on July 16th. I tried to seek help of everybody - congressmen, senator, embassay and of course NVC during July as dates were expected to move in August bulletin. But pretty much everyone replied that nothing can be done until dates are current. Even after Aug bulletin was released, NVC folks kept saying that they don't schedule interviews until I'm current that month. I know that's not true as I kept following family petition interview appointments (visajourney.com forums) and most people get interview invites even before bulletin is released. In fact F2A predictions there are based on PD's of people who get interviews for next month. Looking at the August's Mumbai interview schedule in which there are EB2 interviews held from 1st of the month, confirms that NVC does schedule interview even before bulletin is released as NVC usually gives at least a month of notice before the interview.
Finally after the bulletin was released, somehow NVC (though they kept saying they cant schedule interview until after Aug 1st) sent me an invite. My wife attended her interview this monday and got her passport stamped today.
Thanks Spec/Q/Kanmani for helping me understand the CP process and most importantly the analysis of date movements. I still remember the day when Spec mentioned about the FB spill over. I was the first one to reply to Spec's FY 2012 visa allocations post on clarifying the FB spillover. That gave me the biggest hope that my wife could get GC this FY, otherwise I would have applied for reentry permit and packed my bags to India.
Special thanks to Q for the forum and keeping up the spirit of forum. No doubt this is hands down the best immigration forum. Goodluck to Q for his venture.
gc_soon,Quote:
Originally Posted by gc_soon
Firstly congratulations on the end of your family's GC journey. It must be quite a relief to finally see your wife get the visa.
Secondly, thanks for taking the time to write about he process.
It gives a very valuable insight into the actual process. Since most people choose AOS, there is little information about that.
Your comments about the interview scheduling were particularly interesting.
Best of luck
Congratulations gc_soon. One chapter over! Over to next one now! All the best.Quote:
Originally Posted by gc_soon
Thank you for your wishes too!
Thanks Q and Spec. All the best to you as well.