EB2-3 Predictions (Rather Calculations) 2015-2020

From OH Law Firm.... Looks like we are going to get USCIS to post dates from Nov. What Spec highlighted earlier...

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10/14/2015: Effective November 2015, USCIS Will Post Separate I-485 Filing Availability Date, Separate from State Department Visa Bulletin
•USCIS announces that beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state on www.uscis.gov/visabulletininfo that applicants may use the Dates for Filing Visa Applications chart. Unless otherwise stated on our website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications. USCIS anticipates making this determination each month and posting the relevant chart on our website within one week of DOS' publication of the Visa Bulletin. USCIS November 2015 Chart has yet to be released.
•What does it mean? When it comes to filing of I-485 applications based on the "Filing Available" track cut-off date in each Visa Bulletin, I-485 should not rely on the monthly Visa Bulletin. They should rely on the USCIS separate posting of the USCIS chart for availability of filing track acceptance cut-off dates for the purpose of the USCIS each month. The dates can be either same or different from the Visa Bulletin Filing Acceptance chart.
•
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Quote:

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Originally Posted by GCwaiting

Thanks a lot YT.

I am new to this forum. Your explanation and analysis of EB3 I was really good.
My date is 23 Mar 2005 (EB3 I).
Do you still think I should be current in May 2016 ?

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Quote:

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Originally Posted by Spectator

I just noticed a small change to the USCIS Filing dates page http://www.uscis.gov/visabulletininfo

.......

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USCIS have now published a further statement under NEWS on their website http://www.uscis.gov/news/updated-in...-visa-bulletin

Quote:

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Updated Instruction for Using the DOS Visa Bulletin

Beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on www.uscis.gov/visabulletininfo that applicants may use the Dates for Filing Visa Applications chart. Unless otherwise stated on our website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications.

We anticipate making this determination each month and posting the relevant chart on our website within one week of DOS’ publication of the Visa Bulletin.

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.

Learn more about adjustment of status and the Visa Bulletin on our website.

Last Reviewed/Updated: 10/14/2015

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USCIS have still not updated their page to reflect the November VB.

Quote:

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Originally Posted by Spectator

Unless otherwise stated on our website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications..

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Does the above statement mean incase they don't publish that they will consider the "Action Date Chart" for filing which can mean rollback or unavailable for India and China in EB2 / EB3? Is it introducing more complexity than making it simpler to ensure they can mess up anyway they want?

Quote:

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Originally Posted by srimurthy

Does the above statement mean in case they don't publish that they will consider the "Action Date Chart" for filing which can mean rollback or unavailable for India and China in EB2 / EB3? Is it introducing more complexity than making it simpler to ensure they can mess up anyway they want?

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It means that USCIS have two choices (and only two choices).

a) The Filing Dates published in the VB are for CP cases and relate to sending documentation to NVC.

USCIS can choose to also use the Filing Dates Chart in the VB to accept the AOS cases i.e allow an I-485 to be filed. They will do so IF:

Quote:

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USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas

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If that is the case, they will show the same Filing Chart as the VB on their website at http://www.uscis.gov/visabulletininfo

Otherwise,

b) USCIS can determine the Final Action Chart in the VB will also apply for the ability to file an I-485.

These are the only two choices available to USCIS. USCIS cannot independently publish a different Filing Date Chart on their website from that published in the VB.

This is no different to the situation when the original October VB was published. The only subtle difference, which may be noteworthy, is that USCIS have used the phrase

Quote:

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more immigrant visas available for a fiscal year than there are known applicants for such visas

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rather than within the next 8-12 months.

But how can they determine whether more visas are available this fiscal year so early in the year? They couldn't do it so far and DoS had to resort to some calculation to determine it only in the 4th quarter. USCIS saying this so early on in the year doesn't smell right to me.

Quote:

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Originally Posted by Spectator

It means that USCIS have two choices (and only two choices).

a) The Filing Dates published in the VB are for CP cases and relate to sending documentation to NVC.

USCIS can choose to also use the Filing Dates Chart in the VB to accept the AOS cases i.e allow an I-485 to be filed. They will do so IF:



If that is the case, they will show the same Filing Chart as the VB on their website at http://www.uscis.gov/visabulletininfo

Otherwise,

b) USCIS can determine the Final Action Chart in the VB will also apply for the ability to file an I-485.

These are the only two choices available to USCIS. USCIS cannot independently publish a different Filing Date Chart on their website from that published in the VB.

This is no different to the situation when the original October VB was published. The only subtle difference, which may be noteworthy, is that USCIS have used the phrase



rather than within the next 8-12 months.

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I see its more of streamlined and saves CO from any lawsuits in future and he can use his age old "qualifying dates" to determine who are qualified for getting ready with their documents for submitting to NVC.
Now USCIS needs to publish their own VB(www.uscis.gov/visabulletininfo) as how all consular posts abroad publish their own VBs based on CO's VB.
Yes. USCIS might use CO's qualifying dates as acceptance dates or any date which is lesser than CO's acceptance dates and greater than or equal to CO's final action dates, definitely NOT greater than CO's Acceptance dates.
Also, see this: http://www.qesehmk.org/forums/showth...6612#post56612

Here are my 2 cents..

I think DoS overreached its mandate in publishing Application dates vs Final Action dates. Accepting a 485 application or not was USCIS' prerogative. So they are not going to let that go. DoS if it was really so pro immigrants should've repeated Jul 2007 again! USCIS couldn't have challenged that.

What baffles me is that USCIS and DoS both fall under the same administration and yet one is so defiant on the executive order. Can't fathom how can they get away with this!

Quote:

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Originally Posted by qesehmk

Here are my 2 cents..

I think DoS overreached its mandate in publishing Application dates vs Final Action dates. Accepting a 485 application or not was USCIS' prerogative. So they are not going to let that go. DoS if it was really so pro immigrants should've repeated Jul 2007 again! USCIS couldn't have challenged that.

What baffles me is that USCIS and DoS both fall under the same administration and yet one is so defiant on the executive order. Can't fathom how can they get away with this!

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Why would USCIS accept a 2007 like situation whereas it need not accept the current situation ?

Quote:

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Originally Posted by qesehmk

Here are my 2 cents..

I think DoS overreached its mandate in publishing Application dates vs Final Action dates. Accepting a 485 application or not was USCIS' prerogative. So they are not going to let that go. DoS if it was really so pro immigrants should've repeated Jul 2007 again! USCIS couldn't have challenged that.

What baffles me is that USCIS and DoS both fall under the same administration and yet one is so defiant on the executive order. Can't fathom how can they get away with this!

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Janet Napolitano/Rand Beers are part of DHS and were appointed by POTUS. The USCIS director was confirmed by the senate....doesn't USCIS that fall under POTUS's ambit?

Why is USCIS going over board to undermine Obama?

Quote:

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Originally Posted by gcq

Why would USCIS accept a 2007 like situation whereas it need not accept the current situation ?

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Because then USCIS wouldn't have a choice. Setting final action date is DoS' prerogative (I don't know the basis for it - but apparently it is).

So USCIS would be forced to accept applications whether they like it or not.

Quote:

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Originally Posted by smuggymba

Why is USCIS going over board to undermine Obama?

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That's what I am puzzled about. And makes me wonder if they really are .....??

Quote:

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Originally Posted by qesehmk

That's what I am puzzled about. And makes me wonder if they really are .....??

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Obama administration went above and beyond their capacity to help us legal immigrants with all the EO's. See all the flak he got for it.

Now, why is USCIS going completely against him is puzzling. Also, I don't think we will have a republican president any time soon, so it's not like USCIS is just waiting out Obama's last year.

Quote:

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Originally Posted by qesehmk

Here are my 2 cents..

I think DoS overreached its mandate in publishing Application dates vs Final Action dates. Accepting a 485 application or not was USCIS' prerogative. So they are not going to let that go. DoS if it was really so pro immigrants should've repeated Jul 2007 again! USCIS couldn't have challenged that.

What baffles me is that USCIS and DoS both fall under the same administration and yet one is so defiant on the executive order. Can't fathom how can they get away with this!

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Q,

I agree that the Filing Dates published in the original October VB for use by CP applicants was an overreach to be used for AOS filings. I further agree that it is USCIS decision whether to accept them or not for use by AOS applicants.

I'm not sure whether CO hoped to get one over on USCIS and give a last hurrah to EB2-I, or whether it was his sheer laziness in never retrogressing the internal dates, even when they had not been reflecting the situation since 2012.

Either way it doesn't matter, USCIS should not have accepted the filing dates for AOS. Instead, they should have said that they couldn't use the October Dates and please correct them to ones we can use in the November VB.

However, the original October VB makes it clear that the Filing Dates are for NVC and USCIS have to agree if they can be used for AOS applicants. DOS are not forcing the acceptance of the Filing Dates by USCIS (although admittedly the only alternative is to use the Final Action Dates instead).

Quote:

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The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process.
Applicants for immigrant visas who have a priority date earlier than the cutoff date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

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and

Quote:

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Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas. Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov/visabulletininfo.

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The original October VB also makes it clear that USCIS had agreed that the Filing Date Chart could be used by AOS applicants.

Under the B. DATES FOR FILING OF EMPLOYMENT BASED VISA APPLICATIONS it clearly states:

Quote:

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USCIS has determined that this chart may be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visit www.USCIS.gov/visabulletininfo for additional information.

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As to your last point, blood is thicker than water. USCIS (previously INS) and now part of DHS has been at war over the allocation of visas since the system was set up. Both the INS and DOS believed they should be in charge of the visa allocation process. Congress decided DOS should be so and the other side has never forgiven that decision. The now USCIS has made it their mission in life to make the DOS job as difficult as possible. The culmination was the events of July 2007, which probably didn't help matters. What's happening now is just another small chapter in the sorry saga. Both sides are culpable, but USCIS the greater offenders and is an organization that is not fit for purpose. The last thing DOS will allow is for USCIS to get greater power over the visa allocation process (thankfully). That's why there is no wiggle room for USCIS to set their own Filing Dates for AOS.

Quote:

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Originally Posted by Spectator

As to your last point, blood is thicker than water. USCIS (previously INS) and now part of DHS has been at war over the allocation of visas since the system was set up. Both the INS and DOS believed they should be in charge of the visa allocation process. Congress decided DOS should be so and the other side has never forgiven that decision. The now USCIS has made it their mission in life to make the DOS job as difficult as possible. The culmination was the events of July 2007, which probably didn't help matters. What's happening now is just another small chapter in the sorry saga. Both sides are culpable, but USCIS the greater offenders and is an organization that is not fit for purpose. The last thing DOS will allow is for USCIS to get greater power over the visa allocation process (thankfully). That's why there is no wiggle room for USCIS to set their own Filing Dates for AOS.

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Well said Spec. Thanks. This also is a sad commentary on how unimportant the plight of backlogged candidates is. People who believe in advocacy and all should read this and they may understand that there are bigger things at play here and advocacy to work we must understand history and motivations of the other side.

For a glimpse of USCIS's anti-immigrant stance, please read this link. USCIS union had opposed CIR since it won't let them harass immigrants. No wonder H1B applicants has to undergo suffering under USCIS. CBP is not free of these anti-immigrant officers either. Remember the time many H1B candidates were sent back from EWR airport.

http://www.cafeconlecherepublicans.c...rm-is-unclear/

Quote:

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Originally Posted by qesehmk

Because then USCIS wouldn't have a choice. Setting final action date is DoS' prerogative (I don't know the basis for it - but apparently it is).

So USCIS would be forced to accept applications whether they like it or not.

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Visas are used by DOS as well as USICS. So one of the agencies had to control visa flow. DOS was the better agency IMO as it has consulates all across the world. So administration decided, let DOS do it. As for acceptance date USCIS didn't like it because DOS was dictating to them or they didn't like letting H1B candidates convert to AOS, or they were not happy they have to process so many EAD-AP applications without a fee. -- my speculations !

Correct me if I am wrong, The filing fee for Form I-765 is $380. How come EAD processing free?

Quote:

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Originally Posted by Raj0687

Correct me if I am wrong, The filing fee for Form I-765 is $380. How come EAD processing free?

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For application after 2007 I believe (including me), EAD and AP are free of cost. I just pay 500 to the lawyer but nothing to the USCIS.

applicants prior to 2007 have to pay USCIS a fee for EAD/AP renewal.

All Who have approved 1-140 and waiting to file I-485,
Please sign this NEW white house petition : http://wh.gov/iP7z2, https://petitions.whitehouse.gov//pe...40-approval-12
I know there are around 100k+ who is waiting to file I-485.
Please help yourself by signing this petition and promoting it to your known circles.
We need to get the 100k+ signs in next 30 days so that it will get noticed by the President Obama to take an action on it.

Also convey to our OPT friends to help themselves as they will get into this mess once they completes their OPT period.

Not sure about the renewal (did not reach that stage yet :) , but the first time filing fee is $380. I just did that for H4 EAD.

Quote:

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Originally Posted by smuggymba

For application after 2007 I believe (including me), EAD and AP are free of cost. I just pay 500 to the lawyer but nothing to the USCIS.

applicants prior to 2007 have to pay USCIS a fee for EAD/AP renewal.

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Signed !! but not having any hopes :(

Quote:

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Originally Posted by YTeleven

All Who have approved 1-140 and waiting to file I-485,
Please sign this NEW white house petition : http://wh.gov/iP7z2, https://petitions.whitehouse.gov//pe...40-approval-12
I know there are around 100k+ who is waiting to file I-485.
Please help yourself by signing this petition and promoting it to your known circles.
We need to get the 100k+ signs in next 30 days so that it will get noticed by the President Obama to take an action on it.

Also convey to our OPT friends to help themselves as they will get into this mess once they completes their OPT period.

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Q/Spec and other Gurus,

Pardon my ignorance but what is USCIS going to loose by agreeing to file AOS ?
I see that, this will generate good revenue for them, which will help them to budget next year and implement new projects.
this is a clear win for USCIS unless top leaders in USCIS have some malign intent on immigrants.

Quote:

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Originally Posted by qesehmk

Well said Spec. Thanks. This also is a sad commentary on how unimportant the plight of backlogged candidates is. People who believe in advocacy and all should read this and they may understand that there are bigger things at play here and advocacy to work we must understand history and motivations of the other side.

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Quote:

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Originally Posted by srimurthy

Not sure about the renewal (did not reach that stage yet :) , but the first time filing fee is $380. I just did that for H4 EAD.

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EAD/AP are free only if filed along with I-485 or there's a pending I-485 application with USCIS filed after 2007 August. H4 EAD and L2 EAD do not come free.

Quote:

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Originally Posted by srimurthy

Not sure about the renewal (did not reach that stage yet :) , but the first time filing fee is $380. I just did that for H4 EAD.

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An EAD for the spouse of an H-1B Nonimmiggrant (H4 EAD) is applied for under (c)(26). There is no fee waiver for that category. The initial EAD and any renewals require the fee to be paid.

An EAD based on a pending I-485 is applied for under (c)(9). Applicants applying for one do not need to pay a fee for either the initial EAD or subsequent renewals, as long as their I-485 was applied for under the higher fee structure that came into effect with the August 2007 VB. The application must be made by mail and if not concurrently filed with the I-485, a copy of the I-797C receipt for the I-485 application must be enclosed.

From the I-765 Instructions http://www.uscis.gov/sites/default/f...i-765instr.pdf (pages 9-10)

Quote:

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NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007.

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and

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Renewal EAD. If this is a renewal application and you are applying under one of the following categories, a filing fee is not required:

1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;

2. (a)(10) Granted Withholding of Deportation;

3. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;

4. (c)(9) or (c)(16) Adjustment applicant who applied after July 30, 2007.

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The reference to July 30, 2007 can be a bit confusing due to the July 2007 VB events. Eventually, people current under the July 2007 VB were able to file up to August 17, 2007 under the old lower fee system. Those people are not eligible for the fee waiver. That's why I describe it as those eligible to file in the August 2007 VB or later.

Quote:

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Originally Posted by tatikonda

..unless top leaders in USCIS have some malign intent on immigrants.

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All immigrants - black / white / brown / yellow - always face resistance initially and get assimilated over time. True about italians / irish / jews ... and now about Asians.

What has compounded the problem for Asians is globalization of white collar jobs. In the 60s and 70s when blue collar jobs left - nobody noticed or cried about it in the media because that didn't hurt the middle class. But in the 90s and last decade white collar jobs have left which started hurting a class that had some power. For instance - my ex-manager - a white guy - decent fellow - said this to my face that his brother in law lost his job to outsourcing and now I have to hire YOU on H1. I insist - the fellow was a decent guy - I was initially mad at him but over time was able to let go and even like him - an MIT fellow - it was nice to discuss many things with him.

The point is - it is not just "Top Leaders" nor they have to be EVIL to oppose outsourcing and immigrants. Just plain human nature.

Organizations develop culture over time. You have to understand DoS culture. They shit all over the world. No kidding - and they know it. And hence they are tolerant and wise towards immigration policy. They like immigrants - not for altruistic reasons but at times practical reasons and at times out of personal experience.

Now think about USCIS - these are mostly old white people in their 60s who probably never left the proverbial "scranton". How do you expect them to perceive you coming over here?

p.s. - When I got my first H1 stamped in Mumbai - the American guy behind the window was probably from Michigan and asked me how was Michigan weather. His face lit up for a moment when I talked about Michigan. I feel a pain when I hear about Australia - the first abroad trip ever. USCIS is missing that. They are stuck in fear.

thank you Q.

Quote:

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Originally Posted by qesehmk

All immigrants - black / white / brown / yellow - always face resistance initially and get assimilated over time. True about italians / irish / jews ... and now about Asians.

What has compounded the problem for Asians is globalization of white collar jobs. In the 60s and 70s when blue collar jobs left - nobody noticed or cried about it in the media because that didn't hurt the middle class. But in the 90s and last decade white collar jobs have left which started hurting a class that had some power. For instance - my ex-manager - a white guy - decent fellow - said this to my face that his brother in law lost his job to outsourcing and now I have to hire YOU on H1. I insist - the fellow was a decent guy - I was initially mad at him but over time was able to let go and even like him - an MIT fellow - it was nice to discuss many things with him.

The point is - it is not just "Top Leaders" nor they have to be EVIL to oppose outsourcing and immigrants. Just plain human nature.

Organizations develop culture over time. You have to understand DoS culture. They shit all over the world. No kidding - and they know it. And hence they are tolerant and wise towards immigration policy. They like immigrants - not for altruistic reasons but at times practical reasons and at times out of personal experience.

Now think about USCIS - these are mostly old white people in their 60s who probably never left the proverbial "scranton". How do you expect them to perceive you coming over here?

p.s. - When I got my first H1 stamped in Mumbai - the American guy behind the window was probably from Michigan and asked me how was Michigan weather. His face lit up for a moment when I talked about Michigan. I feel a pain when I hear about Australia - the first abroad trip ever. USCIS is missing that. They are stuck in fear.

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Quote:

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Originally Posted by tatikonda

Signed !! but not having any hopes :(

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Look at this OPT rule: 1653-AA72. OPT students mobilized in big way and cleared 100k+ signs on their white house petition on Sep26th and OMB quickly concluded this rule yesterday and now this rule is going into commenting period.
We had a similar 140-EAD petition started on the same day when the OPT petition started and we could not mobilize that many people to sign the petition and its gone dead.
I'm sure there are more than 100k+ people will be affected with this 140-EAD petition but we need to wake up them to sign it.
Most of them not even aware of that it will take 10 to 12 years to file their EAD
Ex: a person who filled I-140 today in EB2-I has to wait for another 10 years to file the EAD. If any recession comes in between imagine how difficult is to survive. We have seen how much demand destruction happened in the last recession.
AILA & other law firms campaigning the other petition to reverse the Oct'15 VB but the people affected are of 20k and they are sub-set of these 100k+
and the benefit is temporary allowing less people to file AOS for one month. This petition is pointing to a permanent solution and for all the affected people including those 20k.

Q,
Why don't we promote this new petition from this forum? We know the numbers better than others.

Suva & others,
Could you please promote this new petition to other forums like trackitt?

Shared this with the Wattsup group..
I think, we need to copy this is trackitt / Ron Gotcher's forum / Murthy / immigration girl and other sites..

Quote:

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Originally Posted by tatikonda

Signed !! but not having any hopes :(

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Quote:

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Originally Posted by YTeleven

Q,
Why don't we promote this new petition from this forum? We know the numbers better than others.

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Of course YT. Anything that helps folks!

I created a notice for every visitor.

Guys sign it even if you have your EAD - just for folks who are behind you. They are going to be in much longer wait than you. So do your bit.

Very well said Q. I am a firm believer of how travels change a person for good. Education has never guaranteed openness to other people and many times common sense too. It is the people who travel who are the most open minded and tolerant of people from other cultures/countries.

Quote:

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Originally Posted by qesehmk

All immigrants - black / white / brown / yellow - always face resistance initially and get assimilated over time. True about italians / irish / jews ... and now about Asians.

What has compounded the problem for Asians is globalization of white collar jobs. In the 60s and 70s when blue collar jobs left - nobody noticed or cried about it in the media because that didn't hurt the middle class. But in the 90s and last decade white collar jobs have left which started hurting a class that had some power. For instance - my ex-manager - a white guy - decent fellow - said this to my face that his brother in law lost his job to outsourcing and now I have to hire YOU on H1. I insist - the fellow was a decent guy - I was initially mad at him but over time was able to let go and even like him - an MIT fellow - it was nice to discuss many things with him.

The point is - it is not just "Top Leaders" nor they have to be EVIL to oppose outsourcing and immigrants. Just plain human nature.

Organizations develop culture over time. You have to understand DoS culture. They shit all over the world. No kidding - and they know it. And hence they are tolerant and wise towards immigration policy. They like immigrants - not for altruistic reasons but at times practical reasons and at times out of personal experience.

Now think about USCIS - these are mostly old white people in their 60s who probably never left the proverbial "scranton". How do you expect them to perceive you coming over here?

p.s. - When I got my first H1 stamped in Mumbai - the American guy behind the window was probably from Michigan and asked me how was Michigan weather. His face lit up for a moment when I talked about Michigan. I feel a pain when I hear about Australia - the first abroad trip ever. USCIS is missing that. They are stuck in fear.

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Just trying to guess .... will there be spill-over(SO) from EB3 ROW to EB3 I in Dec 2015 Visa?

There was a talk of Quarterly SO & dates moving fast in first 3 quarters and moving back in last if warranted.

https://www.whitehouse.gov/sites/def...on_report1.pdf
Page 29
Recommendation 2: Refine monthly allocation of visas: State will increase monthly visa allocation totals during the first three quarters of the fiscal year to the degree permitted by law in order to ensure that fewer numbers are left for the final quarter, thereby ensuring that visa numbers issued are as closely aligned with statutory mandates as possible

Other websites mentioned of this too.

Quote:

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Originally Posted by tatikonda

Signed !! but not having any hopes :(

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I am a silent watcher of this blog almost 3 years.. but we have to make the petition to be signed within the period i.e. Nov 14th. The OPT group has done it with positive approch and made the rule to the next stage ..
We hope something will happen approach and not keeping the momentum to sign the petition. If you look the petition needed per day is 3.3K but we are going very slow and loose the hope and go back to the routine life.

Please keep your hopes high and forward to your friends the petition link through phone text, whats app,Facebook and Twitter other groups to support the EB community. We knew this is going to be kind of loosing hopes every time but please come forward and spread to request the petition to be signed.

Please follow up and request them through your friends families and EAD holders OPT groups and green card holders. This helps to expedite the signatures count to the targets.

Please DON'T LOOSE THE HOPES and move forward to reach target with high momentum.. Rrquest again to all known groups. Recently the OPT group done the petitions to 100K signatures and the rule has been advanced. Please see the link below from Murthy forum..
http://www.murthy.com/2015/10/15/new...-fed-register/

A/ Spec, all Gurus, please add your comments and help the EB community to get atleast the I 140 EAD.

Thanks again everyone's time and achivie this target in great manner.

YTEleven

I heard petitions do not help at all. So should we spend our time on these?

Thanks

Just a little rant about how slow DHS are being in releasing the Yearbook of Immigration Statistics for FY2014.

It's now over a year since FY2014 ended and the Yearbook has still not been published.

The FY2013 Yearbook was published around May/June 2014.

Quote:

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Originally Posted by YTeleven

I don't think there is any advantage to downgrade to EB3-I for EB2-I FY11 applicants.
From FY12 onwards the applications are dense and the applicants will eventually end up in downgrading to EB3 in future.
To understand the situation here is some predictions:
-----------------------------------
Year----------Expected GC timeframe
FY09----------+7years i.e FY16
FY10----------+7years i.e.FY17
FY11----------+8years i.e FY18-FY19
FY12----------+9years i.e FY20-FY21
FY13-FY15-----+10-12years. i.e FY2025
------------------------------------

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YT - could you pls comment what is your level of optimism in these numbers?

FY 13/14 ( approved march/2015 ) PDs have lots of porters ( about 1800 from just CTS/I am sure there are more porters from other companies too) IMO , there is going to be higher than normal porting and will show up in 485 by mar-apr/2016.
PS - I don't work for CTS, just have few friends over there who are in same boat

Guys.... Any updates for EB3 I ??? Any RFE / indicators....?? We are now in 3rd week of Oct.

When is the Oct 485 inventory expected ?

Please reply...

The last two October USCIS pending Inventory have been published in the first week of November. The latest it has been published to date is around November 14.

Spectator can you update the approval list in the Trackitt Data section.

Quote:

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Originally Posted by redsox2009

Spectator can you update the approval list in the Trackitt Data section.

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redsox,

The FY2015 figures are up to date (at least when I looked yesterday).

I haven't decided yet whether to continue them in FY2016. I don't want to start, only to stop updating them later.

Since I've kept them up to date so far, here's the latest for FY2016:

EB1-India

---------------- FY2011 ---------- FY2012 ---------- FY2013 ---------- FY2014 ---------- FY2015 ---------- FY2016
-------------- No. -- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum.
October ------- 15 ---- 15 ----- 32 ----- 32 ----- 40 ----- 40 ----- 34 ----- 34 ----- 50 ----- 50 ----- 46 ----- 46

Total -------- 169 ------------ 413 ------------- 338 ------------- 546 ------------- 498 -------------- 46

Actual ----- 4,563 ---------- 9,506 ----------- 9,640 ---------- 12,978

EB1A --- 10 --- 21.7%
EB1B ---- 6 --- 13.0%
EB1C --- 30 --- 65.2%
Total -- 46 -- 100.0%

FY2015 Percentages
EB1A --- 80 --- 16.1%
EB1B --- 79 --- 15.9%
EB1C -- 339 --- 68.1%
Total - 498 -- 100.0%


EB1-ALL

---------------- FY2011 ---------- FY2012 ---------- FY2013 ---------- FY2014 ---------- FY2015 ---------- FY2016
-------------- No. -- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum.
October ------- 19 ---- 19 ----- 37 ----- 37 ----- 48 ----- 48 ----- 41 ----- 41 ----- 54 ----- 54 ----- 53 ----- 53

Total -------- 239 ------------ 543 ------------- 424 ------------- 638 ------------- 630 -------------- 53

Actual ---- 25,229 --------- 39,387 ---------- 39,058 ---------- 40,608

EB1A --- 10 --- 18.9%
EB1B ---- 9 --- 17.0%
EB1C --- 34 --- 64.2%
Total -- 53 -- 100.0%

FY2015 Percentages
EB1A -- 113 --- 17.9%
EB1B -- 106 --- 16.8%
EB1C -- 411 --- 65.2%
Total - 630 -- 100.0%


EB2-India

---------------- FY2011 ---------- FY2012 ---------- FY2013 ---------- FY2014 ---------- FY2015 ---------- FY2016
-------------- No. -- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum.
October ------ 47 ----- 47 ---- 174 ---- 174 ----- 43 ----- 43 ---- 362 ---- 362 ----- 97 ----- 97 ------ 4 ------ 4

Total ----- 1,182 ----------- 1,470 ----------- 1,338 ----------- 1,952 ------------- 593 --------------- 4

Actual --- 23,997 ---------- 19,726 ---------- 17,193 ---------- 23,527

PD ------ 2001 -- 2002 -- 2003 -- 2004 -- 2005 -- 2006 -- 2007 -- 2008 -- 2009 --- Total
October ---- 0 ----- 0 ----- 0 ----- 2 ----- 1 ----- 0 ----- 1 ----- 0 ----- 0 ------- 4


EB2-ROW

---------------- FY2011 ---------- FY2012 ---------- FY2013 ---------- FY2014 ---------- FY2015 ---------- FY2016
-------------- No. -- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum.
October ------ 71 ----- 71 ----- 40 ----- 40 ----- 68 ----- 68 ----- 38 ----- 38 ----- 34 ----- 34 ----- 30 ----- 30

Total ------- 570 ------------- 453 ------------- 732 ------------- 416 ------------- 717 -------------- 30

Actual --- 30,161 ---------- 21,778 ---------- 36,485 ---------- 19,261

PD ------ 2006 -- 2007 -- 2008 -- 2009 -- 2010 -- 2011 -- 2012 -- 2013 -- 2014 -- 2015 -- Total
October ---- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 0 ----- 7 ---- 20 ----- 3 ----- 30

EB2 ------- 25 -- 83.3%
EB2-NIW ---- 5 -- 16.7%
Total ----- 30 - 100.0%

FY2015 Percentages
EB2 ------ 601 -- 83.8%
EB2-NIW -- 116 -- 16.2%
Total ---- 717 - 100.0%


EB3-India

---------------- FY2011 ---------- FY2012 ---------- FY2013 ---------- FY2014 ---------- FY2015 ---------- FY2016
-------------- No. -- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum.
October ------ 15 ----- 15 ----- 15 ----- 15 ----- 10 ----- 10 ----- 59 ----- 59 ------ 7 ------ 7 ------ 1 ------ 1

Total ------- 181 ------------- 142 ------------- 348 ------------- 152 ------------- 255 --------------- 1

Actual ---- 4,002 ----------- 2,804 ----------- 7,816 ----------- 3,526


EB3-ROW

---------------- FY2011 ---------- FY2012 ---------- FY2013 ---------- FY2014 ---------- FY2015 ---------- FY2016
-------------- No. -- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum. ---- No. --- Cum.
October ------ 14 ----- 14 ----- 15 ----- 15 ----- 19 ----- 19 ----- 47 ----- 47 ------ 9 ------ 9 ------ 7 ------ 7

Total ------- 172 ------------- 246 ------------- 258 ------------- 291 ------------- 216 --------------- 7

Actual --- 20,744 ---------- 23,691 ---------- 23,822 ---------- 26,074

PERM stats got released for FY15: http://www.foreignlaborcert.doleta.g...FY_2015_Q4.pdf
A huge increase in India certification: 45670 @ 58%
Bad news is, with this India certifications have reached 200k post-recession i.e. from FY09 and no hope for these 45k applicants, they have to wait at least 15 years to file their EAD in EB2.
Good news to FY09 and FY10 EB2 is they might see a little spillover due to the processing delays created by these 45k applications in the system in near future.
Help yourself and sign this Whitehouse petition: https://petitions.whitehouse.gov//pe...40-approval-12 to get EAD in next 6 months. Obama Administration is on it. Do your part by signing it and showing your support.