45 hrs without a post... incredible.. .i suppose everyone had a great weekend.
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45 hrs without a post... incredible.. .i suppose everyone had a great weekend.
This is interesting data - clearly shows the decline in number of H1Bs approved. Although it does seem like that the H1B market has improved for FY2013 quota. USCIS has released H1B Cap Count numbers and the numbers this year so far are running ahead of last couple years. Of course, it is not even close to the frenzy of the lottery years.
Some badly made graphs and simplistic analysis on the new H1B Cap Count numbers: http://redbus2us.com/h1b-visa-2013-c...ates-by-uscis/
May be it is fading bill.. but still having on hopes on HR 3012 Bill, which eliminates per country Quota.
Spec, Q, Teddy,
The trackitt trends till Dec. 2008 seems to be maturing i.e. fewer cases being added to trackitt. Given this fact, would it be a good time to calculate the demand destruction from Jan 2008 to Dec 2008. Just glancing at the the numbers, and assuming trackitt count represents 8 to 10% of the total filings, demand destruction seems to be inline with what Spec had estimated earlier, giving an OR of 0.7 or so.
Other members, please share your thoughts.
Spec's data can be found here: http://www.qesehmk.org/forums/showth...2277#post22277
A trackitt member with a profile name "sneijder" posted this message.
Approx 80,000 EB2 I/C applications filed in the last 4 months
These are I485 numbers (including dependents). This is as per my lawyer who is with a very big reputed firm. She did mention it is an unofficial estimate though but said that her sources in USCIS and the State department confirmed it. This is just for your information.
http://www.trackitt.com/usa-discussi...-last-4-months
I am not saying this is true but just found it and thus posting it. These many applications really feel unreal to me and I am not ready to believe that 80,000 applications from EB2IC have been filed in last 4 months. If Gurus feel that this post should not be entertained further, please feel free to remove it.
I have to agree with sportsfan33. By start of next FY, we should have some where 30K-35K pending I-485's.
This is a post from a trackitt user in response to sportsfan33's question in this thread - http://www.trackitt.com/usa-discussi...-last-4-monthsQuote:
Originally Posted by trackitt user PhaniAtImmi
I'm pretty sure the level filter he used is wrong as I think there are four wage levels and I think that's what this refers to. And none of these correspond to EB2/3 classification anyway which is only determined at I140 stage. But while doing my PERM my attorney mentioned that for EB2, ONet Zone Level >= 4 is required. I belive this also corresponds to some sort of SVP Level. I haven't downloaded the data from the fldc and I don't have MS Access anyway, but I'm wondering if one of you guys can filter by ONet Zone Level or SVP level to nail down the EB2 to EB3 ratio in PERM applications more precisely. Will cut down one more variable. We might need to scrape and create a cross-referenced list of ONet Job codes with the Zone Level if the ONet Job code is available in the fldc data dump.
Thoughts?
Ok, this page indicates that the SOC Job Code is indeed mentioned. So if we can create a cross-reference of this to the Zone level, import that into access from a text file and look for SOC job codes with Zone >= 4, I think we should have a better estimate of EB2 PERMs. Not all Zone 4s necessarily correspond to EB2 I think but we'll still have a better estimate. Does somebody else know for sure how to connect the SOC job zone to EB2/EB3 better than me? Our attorney was quite clear that one needs to be in Job Zone >= 4 to require a min of Masters degree otherwise they will get audited that the position exceeds typical job requirements and likely be denied. So that's where I'm coming from...
Please read http://www.qesehmk.org/forums/showth...=5620#post5620
Spec has explained the process very well.
Moreover look at http://www.qesehmk.org/forums/showth...-Data-Analysis
This explains the EB3/EB2 split.
Job requirement alone decides if it applies to EB2 or EB3. The beneficiary has to meet this requirement. The EB2/EB3 category is determined by USCIS.
I am sure many of you will already have seen this.
From Ron Gotcher http://www.immigration-information.c...1571#post71571
I assume this means that the June VB will show EB2-IC as Unavailable.Quote:
AILA just reported the following:
This means that the EB1 and Worldwide EB2 demand are sufficient to use up all remaining EB2 visas. India and China are only guaranteed 2,800 EB2 visas per year. The balance of the 30,000 or so EB2 visas that are issued to applicants from India and China each year are those that are left over from Worldwide EB2 (after receiving a falldown of EB1 numbers). With the visas already issued to applicants chargeable to India and China well above the statutory guarantees, the unavailability of further "left over" numbers from Worldwide EB2 means that no additional visas will be issued to China and India EB2 applicants this year.Quote:
China-Mainland Born and India EB-2 FY2012 Annual Limit Reached
Cite as "AILA InfoNet Doc. No. 12042360 (posted Apr. 23, 2012)"
AILA has confirmed with the State Department that the annual limit in the EB-2 category for China-mainland born and India has been reached. The State Department notified USCIS on April 11, 2012, that no further visas for those categories would be authorized. This is the “additional corrective action” that was forecast as a possibility in Section D of the May 2012 Visa Bulletin (AILA Doc. No. 12040652). USCIS will continue to accept adjustment applications based upon cut-off dates published in the April and May Visa Bulletins. However, requests from USCIS service centers and field offices for visas in the EB-2 category aliens chargeable to China-mainland born or India will be retained by DOS for authorization in FY2013, beginning on October 1, 2012.
The fact DOS has announced this so early probably means there are more than enough EB1 and EB2-WW cases to use up the remaining visas, so the imposition of a Cut Off Date for EB2-WW looks far more likely at some point towards the end of the FY.
2nd half of 2007 PDs and Jan filers will feel the impact of this alert more than anyone else. I think Feb filers will still probably get greened on the same timetable as before. But this will delay projected approval dates for 2nd half of 2007 and 2008 PDs by 6-9 months.
@Jonty Rhodes / @sportsfan33 - This figure of 80K is indeed top of the line, it is way up. Sports my estimate maybe slightly different from yours it would be 1800 per month porting inclusive. I would expect the next inventory to show 35K EB2 I/C backlog.
@kd2008 – Trackitt counts would stabilize for the time being as excitement would die down for EB2 I/C folks however these numbers would probably rise again once the approval season starts.
It is for categories like Eb2 ROW that the excitement has stayed kind of same where direct Trackitt ratio’s for the previous year’s work well. The OR range of 0.7 – 0.8 is a very good working range going forward.
@Spec – Thanks for posting. The news is really sad, earth shattering to PWMB’s who missed on approval this time and to those with a 2007 PD and missing out, I consider myself lucky having made it in Mid March.
Congratulations really to everyone approved and to everyone who got their chance to file for their 485’s. Really heartbreaking for those who missed out especially those having a 2007 PD and especially some of the PWMB cases.
This kind of reaffirms that atleast the 5.6K EB2 I/C cap was a kind of buffer that was being used, I believe these many numbers were allocated in Oct itself as we could not have had any kind of spillover in Oct and by Mar 23rd the realization had dawned that EB1 will be giving no SOFAD and EB2 ROW is going at the same level last year so they applied the emergency brakes.
Overall this year is a huge disappointment as in the dates just moving from 15th Apr 2007 to 15 Aug 2007 with the huge swing to May 2010. There are possibly 5K filers with PD prior to 01-JAN-2008 still left in the system. The current news kind of reaffirms some of the older predictions if everything had been totally orderly then the dates would have barely crossed 2007.
Would this probably mean NO(or negligible) movement until July 2013?
Looks like this year's movement is over, and there will be NO QSP applied FY2013 (predictable EB2I/C demand and unpredictable ROW/EB1,4,5 will prevent CO from venturing into the QSP territory again).
Oh the looooooooooong wait.. !!
This news from AILA confirms that there will not be any spillover in fourth quarter of 2012. Wait begins for 2013, dont know if dates will move in Oct or only in Q1 2013.
I just think that CO would not be worried about USCIS having to renew the EAD/AP for free. QSP could, on the other hand, leave him red faced in case EB2Row runs out of visas before the countries in it reach their limits. This scenario could very well materialize this time and CO would want to avoid a repeat.
I certainly hope so. You are probably right about the EB1 demand sliding in from the past year - a scenario unlikely for FY 2013. I too hope that we get a good spillover from EB1 next year.However, this will play out towards the end of FY2013 rather than up front.
I don't know. Delaying the filing time for porters will hardly affect their place in the queue unless they are not ready to file when their dates are current. It will not affect the number of visas they are likely to consume in a given period of time.
Sorry if I am being too pessimistic... !
I got RFE for the Dependent, my Dependent was on H4 when she came here in 2006 and in nov 2008 to apr 2009 she was on H1 and bcs of illness she did not do the job and the H1 was canceled in Apr 2009, but in 2010 1040 tax return her occupation shows software engineer and in G-385 says she is Housewife. please give me suggestions how to respond for this RFE.
Actual RFE
"In your Form G-325 A you declare that you have not engaged in any employment in the US from Jan 2007 to present, however also as evidence in support of your application, you submit a copy of your 2010 form 1040, US individual Income Tax Return which shows your (the spouse) occupation to have been that of a software engineer."
we have two extreme views here, one says 2007 will be cleared only in July 13 and another says all of 2008 and 2009 will be cleared by Mar 13. Dont know if I should go with the pessimistic one and be prepared for the worst or the optimistic one and have a risk of feeling dissapointed when it does not happen.
I guess I'll take the index fund approach of not reacting to market news.
" 2007 will be cleared only in July 13" is not pessimistic, it is rather incorrect in my opinion. Also, We have to trust CO's word in May 2012 Visa Bulletin and he did say that he will try to clear most of the cases until April 2010 by FY2013 - So far he has walked his talk - We can at least hope that he is 80% right.
I don't want to get into argument but here is the exact quote from CO. If he is 80% correct, most of us will be happy :)
"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. "
Teddy and other gurus here,
I am a little confused, Last year ended with April 15, 2007 and if things had gone orderly we would have ended somewhere near Dec 15, 2007 (approx). Thats 8 months worth movement and I guess there is some consensus that overall 20K visas have been issued to EB2 I-C this year. So doesn't that validate the 2500 per month. I understand that demand might be lower in second half of 2008 and 2009, so my question is if the 1800 is an average number or is there something else I should add in my calculations.
Some with PD 26 Feb 2009 got his GC approved. Posted this morning!! Not sure if anyone already shared this here....
http://www.trackitt.com/member/matrixminder
Gurus, Pandits Please advise:
I am a 2007 EB2I Nov PD, filed in 2011 Dec 1st. No movement in there.
Now my earlier EB2 I140 from 2004 Dec got approved (after 2 appeals each 2 to 3 years and lot of stress and strain), This is also from the same employer same category.
Is there a possibility that it will be linked to my 485 automatically or do I go through the lawyer?
The point of concern is I have to pay the full fee for my kid who is going to college this September (They are treating us as non residents though we lived in the same state for 12 years). If I get GC before august I would save a ton of money in the fee and scholarship. We already had to decline some offers from the best colleges due to our status.
They are not linked automatically.
If the adjudicator finds two Eb2 I-140s with different PDs in your file, he would choose the earlier date as PD for getting the visa number. But, before doing that he may shoot an RFE to get confirmation from you to choose between the jobs.
Having assumed that your case is already pre-adjudicated , you may need one EVL again and attorney's help to kick start your old PD.
Approvals for EB2ROW/EB1/A/B/C from trackitt
------------------OCT10-Sept11-----OCT10-APR11------OCT11-APR12
EB2-ROW--------539-----------------289-----------------269
EB1A--------------67-------------------37------------------55
EB1B--------------89-------------------51------------------76
EB1C-------------100-------------------45-----------------190
From above numbers we can see huge increase in EB1A/B/C approvals. EB2ROW approvals are pretty much at same level at this time of last year. If this approval trend continues EB1 might consume all spill over from EB4/EB5 for remainder of 2012.
openaccount,
I do agree EB1 approvals are higher than last year, but it would be truer to say that we have seen a "huge increase in EB1A/B/C approvals" on Trackitt which may be disproportional to the actual increase.
I think we need to look a little beyond the "headline figures" to determine the true increase.
The last figures for EB1 I-140 applications as of July 19, 2011 shows the numbers of applications were reasonably constant.
We can surmise that EB1 I-485 approvals last year were artificially low because of delays introduced by Kazarian, so we should expect approvals to be higher this year.
Looking at Trackitt, there were an unusually high number of I-485 applications added in 2011 compared to previous years (EB1A - 150%, EB1B - 125%, EB1C - 220%, Weighted Increase - 180%).
We might therefore expect Trackitt to show higher approval numbers (for the same actual number) in FY2012 than FY2011 taking processing time into account. To a certain extent, it explains the extremely high number of EB1C approvals. Determining what EB1 is actually doing is quite hard this year.
If any of the EB1 backlog increase from last year is also cleared this year, I don't think EB1 will contribute any spillover and could use some from EB5. Otherwise, EB1 will contribute a few k. CO really needs that to happen to service the spillover (c.14-18k) that EB2-IC already needs.
EB2 seems to have received about 67k last year, of which EB2-IC may have received about 34k. That means EB2-WW received about 33k.
I agree, that at present based on Trackitt approval alone, EB2-WW is on course to repeat something similar, if approval patterns are similar to last year and assuming sufficient visa numbers remain.
However, 5 months is a long time and anything can happen.
Since we have a little extra information, I thought i would have a look at the figures to see if I could determine the level of Porting for last year FY2011.
Those of you who have ever attempted this know how difficult it is to determine Porting numbers. My latest attempt may not be great, but i thought I would throw it out here anyway.
I am looking at the difference between the change in the Demand Data versus the estimated number of visas received by EB2 China and EB2-India.
I am assuming that Demand Data probably doesn't capture (when COD is Current for the PD) :
a) PWMB
b) Porting
In addition the Demand Data may temporarily be affected by :
c) Some CP cases that become documentarily qualified, then disappear after approval.
I am ignoring (c) because it won't represent a large number and is unknown.
I am using an estimated figure of 34k SOFAD for EB2-IC. In addition, I am assuming that EB2-C has no Porting (this probably isn't entirely correct, but EB2-C appears to have very little Porting from the scant information available.)
---------------------- China -- India -- Total
Start Demand FY2011 -- 11,300 - 22,925 - 34,225
End Demand FY2011 ----- 3,250 -- 5,000 -- 8,250
Demand Change --------- 8,050 - 17,925 - 25,975
Visas Used ------------ 8,500 - 25,500 - 34,000
Difference -------------- 450 -- 7,575 -- 8,025
% Difference ---------- 5.29% - 29.71% - 23.60%
PWMB -------------------- 450 -- 1,350 -- 1,800
Porting ------------------- 0 -- 6,225 -- 6,225
From the Difference, I have prorated EB2-I PWMB figures based on EB2-C numbers and Visas Used.
This leaves Porting for EB2-I at about 6k, which is figure that Teddy originally suggested (0.5k / month).
Feel free to rip the thought process apart.
This proves that the officers do "Eeni meeny miny moe" to select an application for processing :-)
also implies that there is good chance for dates to move fast in the next year (given many 2008 and few 2009 apps have already been approved...
Guys, as much as the numbers speaks the fact they are kind of confusing for the novice people like me. my PD is Feb 2011 as I was kind of expecting the dates to be current either this FY or at least next FY. Based on the numbers laid out here, I am not sure whether I am too optimistic
http://www.cilawgroup.com/news/2012/...ctober-1-2012/
:-( expected but bad news...