EB2 Predictions (Rather Calculations) - 2012

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Originally Posted by sportsfan33

I cannot track my status at the TSC too, and none of my friends until the time they received their GCs could ever track their status until the point of approval.

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thats my point. i think a lot of Feb and March filers are having this issue regardless of service center. Its just volume. Thats my theory anyway. I could see my case online from day 1.

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Originally Posted by sweta.shetty

hello Gurus, Need quick help, My driver's license is expiring and my company's immigration team couldnt track the hard copy of the receipt for H1B extension, they have the number though. How can the driver's license be extended without the actual receipt copy.
Please move it to the appropriate thread.
Thanks, Sweta.

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Not trying to be facetious but have your asked the DMV in your state? I'm sure it varies from state to state.

Also, I know you can get a copy of your approval notice from the USCIS (reprint) but I don't know about receipt notices. You might want to call USCIS customer service and ask them (or have your lawyers do it).

How come you don't have your copy of 797? That's the one you should be using.

If you don't have one ... do you at least have the case number? If so you can go to USCIS and get the onlie case status to prove it was approved.

That's the most I can think of. Sorry.

Quote:

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Originally Posted by sweta.shetty

hello Gurus, Need quick help, My driver's license is expiring and my company's immigration team couldnt track the hard copy of the receipt for H1B extension, they have the number though. How can the driver's license be extended without the actual receipt copy.
Please move it to the appropriate thread.
Thanks, Sweta.

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I live in MA. I got it renewed last month without any immigration document at all. Just my DL number; online form and that's it!

May be it varies from state to state.

Quote:

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Originally Posted by sweta.shetty

hello Gurus, Need quick help, My driver's license is expiring and my company's immigration team couldnt track the hard copy of the receipt for H1B extension, they have the number though. How can the driver's license be extended without the actual receipt copy.
Please move it to the appropriate thread.
Thanks, Sweta.

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In NJ I-94 is mandatory document for license.
The license expires 3 months from i-94 expiration date.

Quote:

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Originally Posted by sweta.shetty

hello Gurus, Need quick help, My driver's license is expiring and my company's immigration team couldnt track the hard copy of the receipt for H1B extension, they have the number though. How can the driver's license be extended without the actual receipt copy.
Please move it to the appropriate thread.
Thanks, Sweta.

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Same experience for me in MA too..MA is very liberal..I think that is the only state that does like this..

Quote:

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Originally Posted by sweta.shetty

hello Gurus, Need quick help, My driver's license is expiring and my company's immigration team couldnt track the hard copy of the receipt for H1B extension, they have the number though. How can the driver's license be extended without the actual receipt copy.
Please move it to the appropriate thread.
Thanks, Sweta.

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IMHO, most states that link DL to immigration status use the I-94 to verify your eligibility. E.g. My H1B extension got approved in early Jan. I returned fro India with a New I-94 in last week Jan. Went to CA-DMV on Feb 1st but they couldn't confirm that it was renewed as "it wasn't in the system". My (un)educated guess is that they were trying to match the I-94 in the passport to the date in the system (which was not updated).

You could go to the DMV and show the passport and I-94 and they could look it up and tell you if they can or can not renew it.

In CA if the extension is pending, they will typically give you a one year DL extension, if you have an approval in hand they will give you a 5 year extension.

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Originally Posted by qesehmk

How come you don't have your copy of 797? That's the one you should be using.

If you don't have one ... do you at least have the case number? If so you can go to USCIS and get the onlie case status to prove it was approved.

That's the most I can think of. Sorry.

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Sweta,

You even dont need the approval but just the receipt notice(again the I797). The DMV will then extend your license upto 240 days from the I-94 expiration date. This is how I got my extension in Wisconsin.
Talk to your attorney to get a duplicate receipt copy. Also follow Q's suggestion to check the status online, print it and then use it.
Also, I would encourage you to call the DMV and ask them for options.

I did talk to the DMV folks and usually not all of them at the DMV can answer immigration visa related questions. Be patient and explain them your situation clearly and they would forward your call to the right expert.

Dont panic, I am sure you are not the first in losing your receipt notice. Going forward, keep it safe :)

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Originally Posted by khushraho

Same experience for me in MA too..MA is very liberal..I think that is the only state that does like this..

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True..

In case of Missouri, (which is 'show me' state) one needs letter from employer (in addition to standard immigration documents) verifying you are still working with them. (and this is required even if you are obtaining license for family members on H4) :)

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Originally Posted by khushraho

Same experience for me in MA too..MA is very liberal..I think that is the only state that does like this..

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same experience in MA too.. probably another cool thing in MA besides weather.

http://travel.state.gov/pdf/visabull...in_May2012.pdf

D. RETROGRESSION OF THE CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE
CUT-OFF DATE
Due to the rapid forward movement of the cut-off date, demand for China and India
Employment Second preference numbers has increased dramatically during recent
months, and at a much faster rate than had been expected. Therefore, it has been
necessary to retrogress that cut-off date to August 15, 2007 in an attempt to
hold number use within the annual limit while maintaining availability for those
countries that have not yet reached their per-country limit. Notices were
included in the November, January, and February Visa Bulletins alerting readers
to the possibility of such a retrogression. While corrective action has become
necessary earlier than was anticipated based on the information available at the
time cut-off dates were determined, it is hoped that readers are not caught off
guard by this retrogression.

Should additional information regarding potential demand become available, it may
be necessary to take additional corrective action at any time.
Every effort will be made to return the China and India Employment Second
preference cut-off date to the previously announced April date of May 1, 2010.
This will be done as quickly as possible under the FY-2013 annual limits, which
take effect October 1, 2012. It will not be possible to speculate on the cut-off
date which may apply at that time until late summer.
USCIS has indicated that it will continue accepting China and India Employment
Second preference I-485 filings based on the originally announced April cut-off
date.

Quote:

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Originally Posted by pdmay2008

http://travel.state.gov/pdf/visabull...in_May2012.pdf

D. RETROGRESSION OF THE CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE
CUT-OFF DATE
Due to the rapid forward movement of the cut-off date, demand for China and India
Employment Second preference numbers has increased dramatically during recent
months, and at a much faster rate than had been expected. Therefore, it has been
necessary to retrogress that cut-off date to August 15, 2007 in an attempt to
hold number use within the annual limit while maintaining availability for those
countries that have not yet reached their per-country limit. Notices were
included in the November, January, and February Visa Bulletins alerting readers
to the possibility of such a retrogression. While corrective action has become
necessary earlier than was anticipated based on the information available at the
time cut-off dates were determined, it is hoped that readers are not caught off
guard by this retrogression.

Should additional information regarding potential demand become available, it may
be necessary to take additional corrective action at any time.
Every effort will be made to return the China and India Employment Second
preference cut-off date to the previously announced April date of May 1, 2010.
This will be done as quickly as possible under the FY-2013 annual limits, which
take effect October 1, 2012. It will not be possible to speculate on the cut-off
date which may apply at that time until late summer.
USCIS has indicated that it will continue accepting China and India Employment
Second preference I-485 filings based on the originally announced April cut-off
date.

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I might be reading too much into this, but does CO/DoS think they can hit May 1, 2010 in FY-2013 again? I'm almost certain that can't be the case but I guess I-485 inventory will give us a better picture.

Oh, and BTW, unless CO knows something about HR3012 being a slamdunk, which I doubt, this is ominous:

Employment Second:

Worldwide: Potential need for cut-off date to be established

China and India: Potentially “Unavailable”

This suggests that CO/USCIS has overallocated visas through QSP to EB2-IC at the cost of EB2-ROW/EB1. EB2-ROW is probably being regressed in favor of EB1. I guess EB2-ROW will become current again at the beginning of FY2013. Sucks for them, but I'd rather CO keeps making 'mistakes' like this because it helps the EB2-IC backlog. Doubt he'll keep over-allocating like this though.

I would be more worried by Section F

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F. VISA AVAILABILITY IN THE COMING MONTHS

EMPLOYMENT-based categories (monthly)

Employment First: Current

Employment Second:

Worldwide: Potential need for cut-off date to be established

China and India: Potentially “Unavailable”

Employment Third:
Worldwide: three to five weeks
China: up to six weeks
India: up to two weeks
Mexico: three to five weeks
Philippines: three to five weeks

Employment Fourth: Current

Employment Fifth: Current

Please be advised that the above ranges are only estimates for what could happen during each of the next few months based on current applicant demand patterns. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand which can occur at any time. Those categories with a “Current” projection will remain so for the foreseeable future.

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That pretty much says that either:

a) EB2-Non IC has very high possible demand.
and/or
b) More visas have been allocated to EB2-IC than should have been, meaning there may not be enough for EB2-Non IC remaining.

Either way, it is a pretty chilling comment, although it probably refers to a worst case scenario.

It certainly makes it relatively less likely that Cut off Dates will move forward before the end of the year.

If a Cut Off Date did have to be established for EB2-Non IC in FY2012, it 100% means too many visas were allocated to EB2-IC, since they are already beyond the initial allocation of 5.6k.

Quote:

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Originally Posted by abcx13

I might be reading too much into this, but does CO/DoS think they can hit May 1, 2010 in FY-2013 again? I'm almost certain that can't be the case but I guess I-485 inventory will give us a better picture.

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I don't understand this either.

Unless USCIS stop pre-adjudicating cases after August 2007 entirely, by October 2012 there will be more pre-adjudicated cases than visas available, even if QSP is used.

That would mean a Cut Off Date earlier than May 2010 would have to be imposed, probably in early/mid 2008.

As an aside, it is annoying that the Demand Data has not been updated. It probably means it won't be published this month.

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Originally Posted by Spectator

I don't understand this either.

Unless USCIS stop pre-adjudicating cases after August 2007 entirely, by October 2012 there will be more pre-adjudicated cases than visas available, even if QSP is used.

That would mean a Cut Off Date earlier than May 2010 would have to be imposed, probably in early/mid 2008.

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Agreed. I think our posts about Section F overlapped. I think if HR3012 doesn't pass post-2010 filers might be screwed for a while, especially if EB2-ROW usage is rising beyond their cap. I didn't even consider that possibility.

Report on visa rejections disrupting Indian IT operations in US - http://articles.economictimes.indiat...a-restrictions. Things sound bad for them and I'm sorry but I'm not that sorry considering all the fraud and abuse they perpetrate in all visa categories. I went to a top 10 US Univ for a MS and none of the Indian IT companies are anywhere on the list of companies I would work for.

Quote:

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Originally Posted by abcx13

Agreed. I think our posts about Section F overlapped. I think if HR3012 doesn't pass post-2010 filers might be screwed for a while, especially if EB2-ROW usage is rising beyond their cap. I didn't even consider that possibility.

Report on visa rejections disrupting Indian IT operations in US - http://articles.economictimes.indiat...a-restrictions. Things sound bad for them and I'm sorry but I'm not that sorry considering all the fraud and abuse they perpetrate in all visa categories. I went to a top 10 US Univ for a MS and none of the Indian IT companies are anywhere on the list of companies I would work for.

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I have no wish to be controversial, but isn't the quote in the article

Quote:

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Another official of an IT firm said that the visa scarcity was compelling Indian companies to hire additional talent at the customer location, paying often as much as 60% more.

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just shorthand for saying they are using the lack of a Prevailing Wage for L1 to bring in cheap labour and undercut the domestic competition?

Quote:

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Originally Posted by Spectator

I have eeno wish to be controversial, but isn't the quote in the article



just shorthand for saying they are using the lack of a Prevailing Wage for L1 to bring in cheap labour and undercut the domestic competition?

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That's the way I read it. The L1 has almost always been a scam since they don't need to be paid prevailing wages. Indian IT companies are now rotating teams of employees on B1 visas too which is even cheaper since they only need to be paid per diems and Indian salaries. And Jack Palmer's testimony backs it up - http://www.cio.com/article/687997/In...B_1_Visa_Abuse

Here's more alleged fraud on the part of Indian IT companies - https://www.computerworld.com/s/arti...6&pageNumber=1

I think without visa fraud/abuse the business models of many of these Indian IT companies would fall apart.

I know Grassley is a crazy anti-immigrant, but his suggestions of imposing a prevailing wage on the L1, tightening H1Bs, etc. aren't half bad.

Number of FB-Based and EB-Based ** Applicants Registered at the National Visa Center (NVC) as of November 2011

http://www.travel.state.gov/pdf/WaitingListItem.pdf


if someone already posted this will remove this

May Visa Buillietin is out

Interesting comments

D. RETROGRESSION OF THE CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE


Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010. This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012. It will not be possible to speculate on the cut-off date which may apply at that time until late summer.

Very clear statement of intent there from CO. I am not sure whether it means that PD will move in one shot to May 1, 2010 in FY2013 or whether they will take a gradual step approach. Considering that much of the inventory then will consist of pre-adjuducated cases, I hope they take a gradual approach.

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Originally Posted by eb2visa

Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010. This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012. It will not be possible to speculate on the cut-off date which may apply at that time until late summer.

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Huge demand in EB2ROW could be bcz of HR3012 speculation ?
EB2IC consumed around 24-26K in 2012 and now EB2ROW does not have enough?

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Originally Posted by openaccount

Huge demand in EB2ROW could be bcz of HR3012 speculation ?
EB2IC consumed around 24-26K in 2012 and now EB2ROW does not have enough?

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I think CO is playing it safe. All the movement so far has happened on his assumption that EB1 will yield the same numbers as FY 2011. But I guess he got a surprise on that and hence the announcement in March (that EB1 might reach its cap, he might have actually exhausted more than the 54% that he is allowed). But then he realized that he cannot have a cod on EB1 when EB2 row is current. So now when he says that EB1 is current and will remain current, but EB2-row may (a big may in my humble opinion) have a cut off date, i guess it means he will take some numbers from EB2-row and give it to EB1 to make it current always. Long story short, EB2I-C got more numbers than they should have from EB2-row. As spec alluded before, I really doubt that EB2-row demand has picked up. It is more like haloed lines were crossed, or EB2I-C on trackiit representation is not as high as we think and more people between Aug 15 2007 and March 15-2008 got greened than we think. The numbers when released will tell the story

thanks everyone for suggestion. My H1B is sent for extension and the case is being reviewed. I was referring to receipt that USCIS sends when they receive the documents for extension. This receipt is what my firm's immigration is not able to trace. My firm is sending a DMV letter with their letter, hoping it helps. To extend DL in Minnesota requires receipt that USCIS sends when they receive the documents or the I797. Since I dont have both, kind of stuck now.

Quote:

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Originally Posted by sweta.shetty

thanks everyone for suggestion. My H1B is sent for extension and the case is being reviewed. I was referring to receipt that USCIS sends when they receive the documents for extension. This receipt is what my firm's immigration is not able to trace. My firm is sending a DMV letter with their letter, hoping it helps. To extend DL in Minnesota requires receipt that USCIS sends when they receive the documents or the I797. Since I dont have both, kind of stuck now.

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Sweta
IF the DMV doesn't take the lawyer letters try calling the USCIS customer service line and ask them for a copy. They do that for Approval Notices so I imagine they can do it for Receipt Notices although I don't know for sure.

Also, for the future, scan/copy or take a picture of every immigration document that you have. It helps a lot if you need to get copies.

Quote:

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Originally Posted by Spectator

I have no wish to be controversial, but isn't the quote in the article



just shorthand for saying they are using the lack of a Prevailing Wage for L1 to bring in cheap labour and undercut the domestic competition?

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somewhere it said, the margins are down 60%. Indian IT companies are playing it their way and it's now time to pay the dues.

Sorry to see the dates retrogress. I sure we do not see and "unavailable" in the IC column as some have predicted. Please do not loose heart. I think as soon as in OCt 2012 we will again see a rapid movement forward with dates reaching late 2010 and even beyond.
In the mean time all the applications that have been currently submitted would have been pre-adjudicated and ready to go.

Quote:

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Originally Posted by Spectator

I don't understand this either.

Unless USCIS stop pre-adjudicating cases after August 2007 entirely, by October 2012 there will be more pre-adjudicated cases than visas available, even if QSP is used.

That would mean a Cut Off Date earlier than May 2010 would have to be imposed, probably in early/mid 2008.

As an aside, it is annoying that the Demand Data has not been updated. It probably means it won't be published this month.

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Spec,

That statement is giving me nightmares. This will again be another fiasco like USCIS has done for years. He might push up dates back to April 2010 and all cases will processed randomly. Then in 2-3 months they will realize that they are short of visas for other categories and retrogress dates back to maybe Nov 2007. So overall 20000 visas will given very randomly to people between Aug 15, 2007 and April 2010 and we will keep swinging back and forth for at least 3 years before all inventory till April 2010 is cleared.

I hope sense prevails and they move dates slowly in the coming year FY 2013. This way they clear cases (not strictly, but at least within reasonable limits) on the basis of Priority dates. Again, I have no intent to create a controversy against people with later PD's getting cards early, that is not the intent of my post

Am I right or am I completely off track.

Please advise

Quote:

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Originally Posted by eb2visa

May Visa Bulletin is out

Interesting comments

D. RETROGRESSION OF THE CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE


Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010. This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012. It will not be possible to speculate on the cut-off date which may apply at that time until late summer.

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Please note no "Demand Data" release for May-2012 Bulletin.

In addition..

F. VISA AVAILABILITY IN THE COMING MONTHS

EMPLOYMENT-based categories (monthly)

Employment First: Current
Employment Second:
Worldwide: Potential need for cut-off date to be established
China and India: Potentially “Unavailable”
Employment Third:
Worldwide: three to five weeks
China: up to six weeks
India: up to two weeks
Mexico: three to five weeks
Philippines: three to five weeks

Employment Fourth: Current
Employment Fifth: Current

Please be advised that the above ranges are only estimates for what could happen during each of the next few months based on current applicant demand patterns. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand which can occur at any time. Those categories with a “Current” projection will remain so for the foreseeable future.

Fellas, We had some discussions about the possibility of sabbatical on EAD. My attorney confirms that it is indeed possible to do so since the applicant is doing it on his/her own volition and still would be gainfully employed with the company. (Disclaimer: Do check with your own attorney if you are planning to make such life decisions)

IATIAM

My theory,

My guess is that GC under EB-2 might had crossed the limit or near the limit of 42000, which is the limit per year. Since this is third quarter they cannot do spillover, so USCIS cleverly moved the dates back to Aug 2007, since everyone before Aug 2007 got the GC's. USCIS will release the flood gates once again in last quarter of this year.

Visa Dept statement clearly states that

"Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010. This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012. It will not be possible to speculate on the cut-off date which may apply at that time until late summer."

My interpretation of the May bulletin : Don't be surprised to see EB2IC with "Unavailable" status in short term. However they will try to move dates as close as possible to 1st May, 2010 when 2013 quota is released in October. Again that movement is going to be dependent on demand vs numbers available (as filings are still in progress until end of April, actual demand is still in fluid state).

I think hopes of any forward movment in the next 5 months are fading away quickly :(

Is there any thing we can collectively do to get HR3012 back on track?

Header of this thread updated to make comments on May Visa Bulletin.

In nutshell I stand by original prediction even now. Overall the picture is not as pessimistic as ROW retrogression talk points to - NOR it is as rosy as the talk about EB2IC dates reaching 2010 in 2013 points to. The reality is somewhere in between.

Thanks Vizcard. Will try that option out.

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However the way people should read what CO is saying is - he wants to bring in as many EB2IC into 485 stage as possible so that these people have some assurance of EAD and life continuity. I applaud CO for that. I do not think you should read his statement as he indicating that he is going to give visas to all people upto 2010 by Sep 2013.

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Q
Just read thru your analysis in the header. I can't imagine that CO will be able to give ppl the assurance of EAD (any more than he has now). For that he has to move the dates beyond May 2010 and that would be mean chaos. Anyone with a pre-adjudicated case could get greened irrespective of PD. The Senators' phones would ring off the hook and their mailboxes will be over stuffed with letters.

I really can't see him moving it beyond what he can actually dole out in terms of REAL visas.

Thanks Q. Yes I agree with you on dates reaching somewhere in the mid point for May 2010. Problem is hard to predict without numbers in hand.

I will be happy to be proven wrong, but I am not that optimistic on forward movement in 2012. Main reason is in current year I suspect there may be overallocation already, and so CO thinks he cannot give any more numbers at all to IC, even for those applying late for dates before Aug 2007. Again that is based on what I think, not based on any facts/number.

Quote:

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Originally Posted by qesehmk

Header of this thread updated to make comments on May Visa Bulletin.

In nutshell I stand by original prediction even now. Overall the picture is not as pessimistic as ROW retrogression talk points to - NOR it is as rosy as the talk about EB2IC dates reaching 2010 in 2013 points to. The reality is somewhere in between.

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vizcard

CO doesn't need to move the dates beyond the dates in last April 2012 Visa Bulletin at all for next 18 months or so. However the fact he is talking about 2010 implies he is going to do a QSP in Q1 2013 and thus create the need to move the dates again. In one breath he is saying there will be EB2ROW retro and in next he is saying moving dates for EB2IC into 2010. Something doesn't add up. So the only thing we can guess is - he does want to move EB2IC dates beyond what math really supports.

Quote:

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Originally Posted by vizcard

Q
Just read thru your analysis in the header. I can't imagine that CO will be able to give ppl the assurance of EAD (any more than he has now). For that he has to move the dates beyond May 2010 and that would be mean chaos. Anyone with a pre-adjudicated case could get greened irrespective of PD. The Senators' phones would ring off the hook and their mailboxes will be over stuffed with letters.

I really can't see him moving it beyond what he can actually dole out in terms of REAL visas.

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Quote:

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Originally Posted by sreddy

Thanks Q. Yes I agree with you on dates reaching somewhere in the mid point for May 2010. Problem is hard to predict without numbers in hand.

I will be happy to be proven wrong, but I am not that optimistic on forward movement in 2012. Main reason is in current year I suspect there may be overallocation already, and so CO thinks he cannot give any more numbers at all to IC, even for those applying late for dates before Aug 2007. Again that is based on what I think, not based on any facts/number.

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sreddy - I am not saying that in 2012 dates will move to May 2010. I am saying they will move to Q1 2008. I am not saying WHEN the dates will move into 2010 yet.

Quote:

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Originally Posted by abcx13

I think without visa fraud/abuse the business models of many of these Indian IT companies would fall apart.

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Thats a very sweeping statement.

Q,
I agree with what you said that' REAL movement is going to be inbetween Rosy and pessimistic description'. In no way (besides law change) can 2010 have visa number in 2013, dont add up.
What I dont agree is...that things are out of question such as...EB2 ROW retro + EB2I no visa number allocation in 2012....infact if you look at both...they are complimentry...As much I like this not to happen...I guess they ahve some chance of happening.

What I ma confused is movement starting 2013 fiscal yr. How is CO so optimistic about EB2IC starting Oct 2012. Suddenly he seems concerned..which is excellent..but whats causing that? Where are visa numbers coming from in fiscal 2013??

Quote:

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Originally Posted by qesehmk

vizcard

CO doesn't need to move the dates beyond the dates in last April 2012 Visa Bulletin at all for next 18 months or so. However the fact he is talking about 2010 implies he is going to do a QSP in Q1 2013 and thus create the need to move the dates again. In one breath he is saying there will be EB2ROW retro and in next he is saying moving dates for EB2IC into 2010. Something doesn't add up. So the only thing we can guess is - he does want to move EB2IC dates beyond what math really supports.






sreddy - I am not saying that in 2012 dates will move to May 2010. I am saying they will move to Q1 2008. I am not saying WHEN the dates will move into 2010 yet.

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Quote:

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vizcard

CO doesn't need to move the dates beyond the dates in last April 2012 Visa Bulletin at all for next 18 months or so. However the fact he is talking about 2010 implies he is going to do a QSP in Q1 2013 and thus create the need to move the dates again. In one breath he is saying there will be EB2ROW retro and in next he is saying moving dates for EB2IC into 2010. Something doesn't add up. So the only thing we can guess is - he does want to move EB2IC dates beyond what math really supports.

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Definitely agree that things don't add up.

Hypothetically, if he does impose a COD on ROW this FY, any SO from EB1 and EB5 would go to EB2 I/C first (because SO is given by PD). So if ROW is retrogressed, we will still see EB2 I/C move and ROW stand still. Boy will that set off a sh!t storm.

Quote:

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Originally Posted by vizcard

Definitely agree that things don't add up.

Hypothetically, if he does impose a COD on ROW this FY, any SO from EB1 and EB5 would go to EB2 I/C first (because SO is given by PD). So if ROW is retrogressed, we will still see EB2 I/C move and ROW stand still. Boy will that set off a sh!t storm.

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vizcard,

I don't think it would work like that.

SO first has to go to Countries who have not reached the per Country limit. If there are none, then SO is made available to Countries that have already reached the per Country limits, such as China and India.

Currently, it works like it does because EB2-WW is Current and have no need of SO visas.

If EB2-WW was retrogressed, it means the number of visas available are only sufficient to satisfy EB2-WW demand to the COD imposed. None would be available to EB2-IC and they would have to be made Unavailable.

The storm would surround the fact that too many visas had already been allocated to EB2-IC.