sports,
Why do you say that?
The Receipt and Completion figures (where they are in both reports) agree to the other Quarterly reports published recently.
I think your statement deserves more explanation.
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Gurus,
When do you think we will know if the medical check waiver will be extended or not. In case it is not extended, I wonder regarding the effect of renewal of medical check in EB2 India dates movement . Don't you think if medical test needs to be re-validated, it will be better to move the dates in July bulletin to allow time to receive and process the RFE responses? Otherwise They will have only 2 month to send RFE and process. Then I believe they will move the dates more than necessary to ensure no Visa is wasted.
Those numbers are jumbled up with family and all sorts of numbers.
That is why when USCIS this year posted Quarterly performance data I called it - "Holy Grail of data" !!
The quarterly data separates family from employment and shows isolated Quaterly performance i.e. how many came and how many approved and denied by FB vs EB vs Others in a quarter.
The dashboard data does NOT separate FB from EB. That's why it looks garbage to you.
sports,
No problem. Thanks for your further explanation. I understand the context of your comment now.
What you are trying to do would only be valid if NSC and TSC only dealt with EB cases, but that is far from the truth. They also deal with a large number of Refugee and Asylum cases.
From the I-485 Performance Data for Q2 FY2014 we know that EB I-485 Receipts only accounted for 38.6% of NSC receipts, 71.1% of TSC receipts and 51.8% of combined NSC/TSC receipts for Q2. The respective figures for Q1 FY2014 were 34.2%, 72.9% and 51% respectively.
For I-485 Completions, EB only accounted for 37.0% at NSC in Q2, 75.1% at TSC and 54.1% for NSC/TSC overall. In Q1, the figures were 45.3%, 81.1% and 59.9% respectively.
The number of EB approvals (completions) by USCIS (therefore only AOS cases) to the end of Q2 FY2014 was given in the All Forms report for Q2 FY2014 at 62,352 (65,788). That was broken down by Q1 = 31,702 (33,526) and Q2 = 30,651 (32,262).
I don't think the approval jump in March was entirely unexpected. March (according to Trackitt) saw a large number of EB1 and EB3 approvals. As you say, it was from a very low base in Dec/Jan and had also increased in Feb.
I hope that throws some light on the figures.
Jagan,
My take is that the increase in I-140 receipts and completions reflects the increased pace of PERM Certifications during that period (7.4k in March vs 4.9k in Feb).
Some pretty sketchy data suggests that the vast majority of new I-140 applicants are choosing Premium Processing where they are able to. That shouldn't be a surprise. They have waited a long time to file, if PERM based and I-140 processing times for regular cases appear very slow.
I can't think of a way to explain it either simply or concisely.
Suffice to say that the lower the approvals this year, the higher they are likely to be next year.
Too low and a tipping point is reached where there is no spillover to EB2-I.
The normal allocation to EB2-I is probably not sufficient to satisfy even porting from those who already have an I-485 and the pent up, unsatisfied porting demand increases.
When SO does become available, a large amount of it will be consumed by the pent up porting demand, either immediately or in the following year.
In the worst case, the increased number of EB2-WW cases causes causes little to no spillover for 2 years.
In FY2012 EB2-WW only used 25k due to retrogression caused by over allocation to EB2-I. The next year, EB2-WW used 42.6k. Had there only been 140k EB visas available in FY2013, EB2-WW would have needed 8.2k Fall Down to satisfy the demand. There would only have been 5.8k FD available and 2.4k would still have been needed from the next year's allocation. Since then, both EB1 and EB5 use appears to have increased.
If visas available to EB2-I falls below the underlying porting demand, it can possibly condemn EB2-I to very heavily retrogressed Cut Off Dates for some time. That is my worry and I think that would be a very depressing scenario.
If the numbers available are slightly more than the porting demand each year, it allows the Cut Off Dates to move slightly forward each year from the best case the previous year, which means a large movement at the end of the year. That gives people some hope they might be approved.
I suppose it depends on whether a person is likely to be approved or not this year with large numbers as to how they might feel about it.
That's already too wordy a reply and I have still not done it justice.
It is a worst case, but not impossible scenario. I am not saying it would happen (certainly not the worst case) - note I did use the word "possible" in my original post.
Spec,
Will today's dashboard release, Change your predictions?
Every year is different, so lets take this year spillover and see where the next spillover will come from. We would not have spillover this year, if not for the sequestration. Sequestration was the best EBI immigration reform from the Republican and the tea party folks, it was almost half as good as HR3012. If the Govt shutdown hadn't happened, then the budget deal would not have been reached and sequestration would have continued. We would have had 34-35K PERMs approved this year too... But alas, I blame Ted Cruz for this :).
For next year,
I am hopeful EB3I would move much faster providing relief to EB2I too.
In the USCIS dashboard, I see non-perm I-140 filings (EB1 and EB2NIW) dip by a lot over the last couple of months. I came to the conclusion by subtracting PERM approvals from I-140 filings. Hope the trend continues.
Hope is a dangerous thing ;)
redwood,
I kind of agree with you.
I presented an Armageddon scenario that probably won't come to pass. I don't expect many people to agree with it as even a possibility.
I have learned that something always comes along to stop it happening. In that respect, EB2-I has dodged the bullet for many years now, whether it be due to low EB1 approvals, over allocation or extra FB visa numbers.
Hope is not a dangerous thing. I guess that comes from one of my favourite films, The Shawshank Redemption:
but laterQuote:
Red: Let me tell you something my friend. Hope is a dangerous thing. Hope can drive a man insane.
I prefer Andy's outlook.Quote:
Andy Dufresne: Remember, Red. Hope is a good thing, maybe the best of things, and no good thing ever dies.
On the other hand, another quote also seems to sum up the GC process for many.
Quote:
These prison walls are funny. First you hate 'em, then you get used to 'em. Enough time passes, gets so you depend on them. That's institutionalized. They send you here for life, that's exactly what they take. The part that counts anyways.
"I prefer Andy's outlook.
On the other hand, another quote also seems to sum up the GC process for many."
This is my favorite movie of all time and this specific quote is the best one. Thank you Spec and others for all your work. 7/3/08 here, "hoping" to make it this year.
Great Post Spec !
I do not however want to ignore your earlier point about the Armageddon scenario for EB2I. It is a very real possibility and hence I have started looking at EB3ROW as a source for spillover to EB3I (and EB2I, similar to EBC).
Have you looked at such a scenario and what does your analysis say based on limited data (current EB3ROW inventory data and assuming we have 3-5K EB3ROW PERMs annually) ?
05/21/2014: Forthcoming Policy Change Announcement of USCIS on the Validity of I-693 on File Older Than One Year
• Under the current policy, in any case that is adjudicated on or before May 31, 2014, the officer must accept as valid a form that was signed more than one year before the date of the adjudication on a pending adjustment of status application.
• This policy in the form a policy manual will expire on May 31, 2014. Unless a new policy extending the validity of I-693 which is older than one year is issued before the end of this month, any I-693 which is on file with the USCIS and which is older than one year will automatically turn "invalid" and under the USCIS policy manual, the adjudicators of I-485 applications must issue RFEs to the I-485 waiters to go through another medical examination and submit renewed I-693.
• Those whose I-485 fits this description and pending before the agency should pay a close attention to the forthcoming release of the USCIS new policy during next week.
• This policy change can affect EB-2 I-485 waiters somewhat negatively, particularly for Indians, considering the fact that the EB-2 visa numbers may potentially move forward upto August 2008 in the 4th Quarter of FY 2014 (July-September 2014), the I-693 RFEs can delay adjudication of the pending I-485 applications.
• It is interesting to watch in what way the USCIS will accommodate this issue in the forthcoming announcement.
http://www.immigration-law.com/
Oops i forgot to add that! Thanks Spec.
I dont think people who don't get their GC but someone way behind then gets one will appreciate your sentiment.
In any case, this year will be very interesting (isn't ever year? :) ) with the RFE process. The timing of them sending mass RFEs out, getting them back and then processing them in some semblance of order will be wild. I know I will be pissed with an Aug 2008 PD to miss the boat due to administrative crap.
vizcard,
I still retain some hope that USCIS will publish a Memo of some kind regarding Medical Examinations, otherwise they might as well start sending out RFEs to the 2012 filers up to a certain PD. If there is a Memo, I don't think it will be a simple one year extension, but rather setting a fixed validity of maybe 3-5 years. It's getting so late now, that maybe it is just wishful thinking. If there is no Memo, I think it is a very unfortunate (to avoid using stronger language) decision.
I don't think it does any favours overall to "over push" the date movement. Not only does it introduce inequities in the PDs for EB2-I that are approved, but at a wider scale it has become unfair to EB3. Such is the pace of EB2-I approvals at the end of the year, that total EB numbers run out because EB2 is over-allocated, leaving EB3 with less than their own allocation. I think that says an awful lot about the control mechanisms (or lack thereof) for visa issuance against Category limits.
Last year was just plain silly. The numbers available to EB2-I from SO could not support such a large forward movement of the COD. Not only did EB3 not receive their full allocation, but EB as a whole overshot the total allocation. Even then, there was still something like another net 4k cases that had to wait for FY2014 to begin to be approved. That's more than 80% more than the spillover available to EB2 in FY2013.
I support movement that ensures no visas are wasted (so some contingency is required), but it has to be done in a sensible way.
I doubt about it :).. for example in 2011, for EB2 it is progressing at 3 months per bulletin. If that would have continued we wouldn't have been in this mess. Porting would have been under control, visa wastage wouldn't have been there. Definitely DOS has to employ some good data analysts :cool:
At the outset, let me put this firmly in the classification of RUMOUR. Please read it with the pinch of salt it deserves. It doesn't entirely mesh with the EB2-C COD movement to date, unless that suddenly slows.
The Chinese recently contacted CO to ask about EB2-C use for the FY to date. Part of the reason seems to be that the April Inventory only showed a drop of 212 from the January Inventory figures. CO replied on May 27, 2014, but his actual reply is not quoted.
Frankly, I am struggling with the Chinese translation, but it appears that CO said that, to date, EB2-C had used in excess of 85% of their allocation for the FY. He also pointed out that the Inventory did not cover all cases, citing new filings, District Office, and CP (as best I can tell).
It is possible and it would make some sense to finish the EB2-C approvals before the EB2-I approvals begin, to avoid wastage of their allocation.
There is a flaw in the logic surrounding the 212 reduction. That is just the net reduction in the Inventory.
In reality there are additions as well as approvals, which lowers the net number.
Looking at just the months with reductions, the change Jan-Apr is 815. Similarly, although the net reduction for Oct-Jan was only 687, looking at only months with reductions, this rises to 903.
That is a total of at least 1,718 for the period Oct-Mar. There will be further approvals that are masked by those months that show an overall increase in applications and a further 2 months has now passed since the Inventory period.
I will repeat - this is not entirely verified information (not least due to translation issues), but I thought some people might find it interesting nonetheless.
The original thread is here and translated.
I couldn't reconcile the 960 number mentioned to my satisfaction (perhaps he meant 960+ approvals in the Jan-Mar period).
Interesting CH can communicate with CO..
The Chinese have always seemed to have fairly good communication channels with CO in particular.
The data no longer seems to be available, but NIU managed to get some I-140 approval data from USCIS (perhaps via FOIA) in the past covering CY2005 to September 2012.
I have a copy, but since it was labeled "Exclusive", I don't think it is appropriate to publish it.
Just a question and sorry for posting in this thread. Please move to any other as deemed.
I have a PD of 09/2009; Got the EAD and applied for H1 extension and went to india and came back on EAD on 12/13. My wife is also on EAD and just got a job.
I have a job offer in the same field from different local hospital (work in medical field); What are my options;
1. Use AC 21 and transfer to the other hospital
2. Tell them to transfer H1B but i don't have H1B stamped on my passport (H1B is valid until 2015).
3. What will happen to my wife's status if i transfer to the other hospital?
Sorry if not clear in explaining my situation. Any help is appreciated.
Thank You
I am in a similar situation. So I feel I can speak intelligently.
1) H1 or EAD doesn't matter technically. It's a matter of whether your new company will sponsor H1 (personally I would/will use EAD).
2) if you do decide on transferring H1, you could still use AP to travel even if you are working on H1 (I do that now). So no need to get anything new stamped.
3) There will be no change to your wife's status.
sports, viz,
I'm not sure the RFEs will have any substantial effect on processing times or movement of the COD.
Currently, there are 4 months to the end of the FY. Applicants have 87 days to reply to an RFE. In reality, most RFE will be responded to within 30 days, if not quicker so, assuming the RFEs are all sent out within the next month, then they will have been responded to by August 1 when the dates are likely to move forward.
Too many pre-adjudicated cases falling into FY2015 (i.e. those adjudicated after visa numbers run out for FY2014) will increase the chance of early retrogression in FY2015. The further the dates are moved forward at the end of FY2014 as contingency, the larger the fall through of pre-adjudicated cases will be in October 2014.
I think it is a delicate balance between not wasting any visas and not using all available visas for FY2015 immediately. CO won't have the luxury of allowing 5-6k approvals for EB2-I in Oct-November 2014 IMO. If the applicant does not get approved in Aug/Sep 2014, the I-693 might expire before another window opens.
I agree EB2-ROW still looks very low and it is now reaching the stage where increased approvals will make less difference to the final total. It remains to be seen whether EB1 approvals are only moderately higher or very much higher.
sports,
That's a "how long is a piece of string" type question!
The dates are very sensitive to the numbers available for the likely Cut Off Date range. There is only about a 5-6k difference between a Cut Off Date of 01NOV08 and 01MAR09.
EB1 use, EB2-WW use and further porting use can all make the difference and I don't think anyone can forecast those numbers with any accuracy at all (I certainly can't). Then there is the question of how much contingency CO builds into the COD movement.
If you want to give me your estimates for EB1 use, EB2-WW (ROW/M/P), EB4, EB5 use and further porting use, I'll tell you where that might move the dates with various contingency levels.
Sports,
Not an expert but would give my opinion. I understand ur anxiety. I feel the RFEs have just affirmed that final date movement will be either Dec 2008 or Jan 2009. I would bet on Jan09 as that is my PD.
Last year the RFEs went out until Mar 2008 and dates moved 3 months past that. This year it is Sep 2008 and hence dates will surely move to Dec 2008 or may be Jan 2009.
This year would see pretty much the same trend as last year due to the following reasons:
Positive: The porting will be lesser. Most of the people up until Jun 08 have already ported. Hence the hidden demand is lesser.
Negative: CO would not have the same 10k FB based visas to utilize and hence FY15 will not have as many visa allocations in the first quarter.
I believe the above two negate each other and net process will be similar to last year. RFE date + 3 or 4 months movement.
sports,
Would that be 5k total porting for the year? Or do you really mean 5k further porting approvals to come?
What I need is how much more porting cases will be approved once the dates advance again.
Based on 2k further porting approvals and using your figures, except using 4k Fall Up for EB4 (based on last year's usage), would give a COD of around 22NOV08 with no contingency.
6k contingency would represent a 31% contingency and move the COD to 08APR09.
10% contingency would give a COD of 01JAN09, while a 20% contingency would give a COD of 15FEB09.
If further porting approvals were 3k, the dates would be 01NOV08, 15MAR09, 15DEC08 and 22JAN respectively.
I guess this is a broader question and could be in any of the other threads too. Would new porters get RFEs for medicals since they would most certainly be outdated ? If that's the case, the impact of new porters could be reduced particularly if dates move in August instead of July.
viz,
It's a good point. So far, there is no evidence of porters with earlier PD receiving an I-693 RFE.
Nonetheless, there do seem to be a substantial number of cases with an earliesh PD with an I-485 submitted before December 2013 awaiting approval. Most do not seem to be reflected in the Inventory, so they are likely porters. If RFEs are sent out in a timely fashion, they can be approved this FY. Any new cases where the I-485 still needs to be submitted have (virtually) no chance of approval this FY.
Guys,
Guessing game is over for this year!!! According to the Fragomen website, EB2 India dates will move to an early summer 2009 date by the year end.
http://www.fragomen.com/SnapshotFile...b56-b957-5b713
Let's start the new prediction thread for the next year!!!
Great news !
New guessing game :) when does summer start in USA?
Vedu, I always keep reminding me right from the last year's movement that i'll be on the border line.
I quote our forum friend Sogadu's (Kolaveri fame) phrase "whole body crossed".
"The priority date cut-off for EB-2 India could advance by nearly five years, to an early summer 2009 date, by the September Visa Bulletin."
Nevertheless, I really do hope it advances significantly in to 2009. My PD is July 2009 but I am not optimistic at all! I was unlucky my LC was stuck in Audit last year when the dates went up to 2010, so I couldn't even get EAD! :(