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Thread: EB2-3 Predictions (Rather Calculations) - 2013

  1. #1301
    it will be atleast July before it is voted in the house. The Dept.'s affected by the bill, will then be allocated sometime, normally a few months, to change their internal processes. So the earliest some part of this bill will be effective will be October,2013.For this fiscal year, there will not be any changes irrespective of the fate of the bill.

    Quote Originally Posted by vgraj1 View Post
    In case the CIR Bill becomes law before Oct.1, 2013, I guess some of the new provisions, namely exclusion of EB1 and spouses/children from EB visa quota, will become effective immediately, although the visa recapture from 1993 to 2013 will take effect from Oct.1, 2014. Then 56,000 visas (excluding spouses/children) will become available for EB2 in FY 2014. Is this correct? In that scenario, what is the expected EB2I priority date movement by Dec. 2013?

  2. #1302
    I am not talking about FY 2013, I am talking about FY 2014, as Dec. 2013 falls within FY 2014.

    Quote Originally Posted by MATT2012 View Post
    it will be atleast July before it is voted in the house. The Dept.'s affected by the bill, will then be allocated sometime, normally a few months, to change their internal processes. So the earliest some part of this bill will be effective will be October,2013.For this fiscal year, there will not be any changes irrespective of the fate of the bill.

  3. #1303
    Quote Originally Posted by vgraj1 View Post
    I am not talking about FY 2013, I am talking about FY 2014, as Dec. 2013 falls within FY 2014.
    Spec did put out a 120k number for the first fiscal year of implementation, and majority coming to EB2I please look at the CIR thread.

    I am yet to follow CIR much, so did not make any detailed calculations.

  4. #1304
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    Quote Originally Posted by MATT2012 View Post
    Spec did put out a 120k number for the first fiscal year of implementation, and majority coming to EB2I please look at the CIR thread.

    I am yet to follow CIR much, so did not make any detailed calculations.
    Long story short..IF
    1. the cap related provisions are upheld through the process AND
    2. the bill passes and gets signed in by Sep 30, 2013 THEN

    EB2/3 will get 120K visas.

    If either of those conditions are not met, there will be no benefit till Oct 2014 (assuming it passes). My personal belief as I've expressed in the CIR thread is that for PDs between June 2008 (or wherever we end up by end of this fiscal year) and March 2009, this bill will not provide any benefit.

  5. #1305
    Thanks Viz.


    Quote Originally Posted by vizcard View Post
    Long story short..IF
    1. the cap related provisions are upheld through the process AND
    2. the bill passes and gets signed in by Sep 30, 2013 THEN

    EB2/3 will get 120K visas.

    If either of those conditions are not met, there will be no benefit till Oct 2014 (assuming it passes). My personal belief as I've expressed in the CIR thread is that for PDs between June 2008 (or wherever we end up by end of this fiscal year) and March 2009, this bill will not provide any benefit.

  6. #1306
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    Quote Originally Posted by vizcard View Post
    My personal belief as I've expressed in the CIR thread is that for PDs between June 2008 (or wherever we end up by end of this fiscal year) and March 2009, this bill will not provide any benefit.
    Vizcard,

    FWIW, I agree that, unless a Section says it comes into effect immediately the Bill is passed, then the timelines are too tight for the provisions to come into effect until FY2015.

    Just logistically, there is an awful lot that the various agencies would have to prepare in terms of revised paperwork and procedures. That can't happen overnight.

    Your sentence probably should say "in FY2014". Clearly it is beneficial when the provisions do come into effect. I would not guarantee all those dates to be cleared even in FY2015 without CIR.
    Without an irritant, there can be no pearl.

  7. #1307
    Someone in trackitt reports getting NVC fee notice for EB2-I PD March 2009.
    User rajji.
    http://www.trackitt.com/usa-discussi...page/last_page

  8. #1308
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    Quote Originally Posted by gc_soon View Post
    Someone in trackitt reports getting NVC fee notice for EB2-I PD March 2009.
    User rajji.
    http://www.trackitt.com/usa-discussi...page/last_page
    gc_soon,

    Thanks.

    I also saw that post in the morning. Nothing unusual in that user's profile - which is good. Let's wait and see if few more people report that.

    None of the calculation models on this forum support PD movement that far currently.

  9. #1309
    Quote Originally Posted by gc_soon View Post
    Someone in trackitt reports getting NVC fee notice for EB2-I PD March 2009.
    User rajji.
    http://www.trackitt.com/usa-discussi...page/last_page
    This is an old post of Jan 2012.Bottom line is if CIR passes and they remove the dependent from count immediately,EB2 should be current.This is my opinion.

  10. #1310
    I am kind of optimistic about the passage of the CIR Bill before Sep.30 because it has bi-partisan support and President's commitment. If the bill becomes law on Oct.1, 2013, i.e. FY 2014, it will bring relief to all EB2/EB3ers waiting for years for their GC. It appears to me that as per Section 2305 of the CIR Bill, the exclusion of spouses and children from EB visa quota becomes effective immediately (i.e. not after one year).

    Quote Originally Posted by helooo View Post
    This is an old post of Jan 2012.Bottom line is if CIR passes and they remove the dependent from count immediately,EB2 should be current.This is my opinion.

  11. #1311
    Quote Originally Posted by helooo View Post
    This is an old post of Jan 2012.Bottom line is if CIR passes and they remove the dependent from count immediately,EB2 should be current.This is my opinion.
    Wasn't referring to the OP's message of the thread but if you scroll towards the end of the post, you would see the latest comment.

  12. #1312
    I did observe the case you mentioned, looks like a very genuine case. In a different case there was pre-adjudication, though interfiling happened when PD was not current. Also did see RFE for a case with PD 2008 end.
    Quote Originally Posted by gc_soon View Post
    Wasn't referring to the OP's message of the thread but if you scroll towards the end of the post, you would see the latest comment.

  13. #1313
    Quote Originally Posted by MATT2012 View Post
    I did observe the case you mentioned, looks like a very genuine case. In a different case there was pre-adjudication, though interfiling happened when PD was not current. Also did see RFE for a case with PD 2008 end.
    Thanks Matt. What does this indicate then? Is it really a good sign for PD movement?

  14. #1314
    Quote Originally Posted by Vkkpnm View Post
    Thanks Matt. What does this indicate then? Is it really a good sign for PD movement?
    if it is a forming trend, we will soon see many more cases getting mentioned. The reflection of any such trend can only be confirmed after the inventory report next month.

    Irrespective of date moves or not, it is a good sign.

  15. #1315
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    Quote Originally Posted by Spectator View Post



    Your sentence probably should say "in FY2014". Clearly it is beneficial when the provisions do come into effect. I would not guarantee all those dates to be cleared even in FY2015 without CIR.
    I would agree with those qualifiers. I personally believe there will be something that passes. There's a lot of bipartisan support and a lot less vehement opposition than in previous proposed legislation (debt ceiling, healthcare, guns, fiscal cliff, etc).

    The question in my mind now is does the Boston bombing impact people's minds considering the suspects are technically legal immigrants. Good thing is that national security hasn't come up as an issue for CIR. Plus both Senators from Mass are Dems.

  16. #1316
    Quote Originally Posted by vizcard View Post
    The question in my mind now is does the Boston bombing impact people's minds considering the suspects are technically legal immigrants. Good thing is that national security hasn't come up as an issue for CIR. Plus both Senators from Mass are Dems.
    For that matter, almost e'body (except Red Indians) in this country is a legal immigrant.

  17. #1317
    Quote Originally Posted by SmileBaba View Post
    For that matter, almost e'body (except Red Indians) in this country is a legal immigrant.
    I was just about to reply on similar lines

  18. #1318
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    Quote Originally Posted by SmileBaba View Post
    For that matter, almost e'body (except Red Indians) in this country is a legal immigrant.
    That is a totally incorrect statement and a very loose definition of immigrant. Almost everybody is a descendent of an immigrant. I don't want to get in to technicalities but my point is if you are born in a country you are NOT an immigrant and like it or not, that's how most of the population sees it.

    PS: "Red Indian" is politically incorrect word.

  19. #1319
    sometimes viz it is best to look at the spirit of the statement than the actual words! So in that sense it is understandable what smilebaba said! But you are right that once born here .. the person is not necessarily immigrant himself.
    Quote Originally Posted by vizcard View Post
    That is a totally incorrect statement and a very loose definition of immigrant. Almost everybody is a descendent of an immigrant. I don't want to get in to technicalities but my point is if you are born in a country you are NOT an immigrant and like it or not, that's how most of the population sees it.

    PS: "Red Indian" is politically incorrect word.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

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  20. #1320
    The definition of an immigrant by Viz may be correct but the message what similebaba was trying to convey that based on Boston incident by an immigrant won't affect CIR and any similar bill/law as this country is a land of immigrants.

  21. #1321
    gurus,

    On trackitt approvals for EB2I and ROW has collapsed for April. Looks like demand has slowed which could be good news. any thoughts?

  22. #1322
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    Quote Originally Posted by sbhagwat2000 View Post
    gurus,

    On trackitt approvals for EB2I and ROW has collapsed for April. Looks like demand has slowed which could be good news. any thoughts?
    I would agree that EB2-I approvals are very low. Perhaps it gives some hope for movement in the June VB, but I wouldn't bet on it.

    I would caution that there are still quite a lot of Trackitt cases in EB2-I with a PD earlier than Sept 2004 and cases showing under EB3-I with a PD earlier than Sept 2004 and a confirmed I-140 approval in EB2.

    "Collapsed" is a rather relative term for EB2-ROW.

    Yes, approvals have slowed, but that was expected. April EB2-ROW approvals are on target for about 2.2 - 2.4k, if it continues at the same rate to the end of the month - which is about normal. EB2-WW may use the normal 2.8k.

    If that rate were sustained for the remainder of the year, it would lead to nearly 43k usage for EB2-WW.

    There is no shortage of reasonably recent EB2-ROW cases pending on Trackitt. Already there are enough to consume the EB2-ROW allocation, even if 20% are never updated.

    Is that good news?
    Without an irritant, there can be no pearl.

  23. #1323
    Some info/numbers to crunch from Fragomen (assuming the senate Bill passes):

    Immigrant visa quota allocations and backlog clearance. The bill would retain the baseline employment-based (EB) immigrant visa quota of 140,000, but during the first several years after enactment, additional numbers would be available to clear the lengthy EB green card backlog. During FY 2015, there would be an immediate injection of thousands of unused immigrant visas from Fiscal Years 1992 to 2013. In addition, during the first four fiscal years after enactment, up to 120,000 immigrant visas from a new merit-based green card program would be available each year to employment-based immigrants. In subsequent years, the EB green card quota would be 140,000 plus unused family-based immigrant visa numbers from the previous year.

    The bill would exempt several categories of employment-based immigrants from the annual quota, including all foreign nationals in the EB-1 category (foreign nationals of extraordinary ability, outstanding professors and researchers and multinational managers and executives); foreign nationals holding a doctoral degree in any field; foreign nationals with a U.S. master's degree or higher in a STEM field earned in the five years preceding the filing of an immigrant visa petition and a job offer in a field related to the degree; certain physicians; and the spouses and children of employment-based immigrants.

    Forty percent of the EB immigrant visa quota would be allocated to advanced-degree professionals. Another forty percent of the quota would be allocated to professionals, skilled workers and other workers in the EB-3 category. The immigrant investor category and the special immigrant category would each be allocated ten percent of the EB green card quota.

  24. #1324
    Quote Originally Posted by Spectator View Post
    I would agree that EB2-I approvals are very low. Perhaps it gives some hope for movement in the June VB, but I wouldn't bet on it.

    I would caution that there are still quite a lot of Trackitt cases in EB2-I with a PD earlier than Sept 2004 and cases showing under EB3-I with a PD earlier than Sept 2004 and a confirmed I-140 approval in EB2.

    "Collapsed" is a rather relative term for EB2-ROW.

    Yes, approvals have slowed, but that was expected. April EB2-ROW approvals are on target for about 2.2 - 2.4k, if it continues at the same rate to the end of the month - which is about normal. EB2-WW may use the normal 2.8k.

    If that rate were sustained for the remainder of the year, it would lead to nearly 43k usage for EB2-WW.

    There is no shortage of reasonably recent EB2-ROW cases pending on Trackitt. Already there are enough to consume the EB2-ROW allocation, even if 20% are never updated.

    Is that good news?
    Look at the EB2 ROW approvals so far this month - 27. Last month 76. Average per month for the last few years is 80. theres one week left this month so even at a max it will end at around 40 which is half - hence demand has collapsed. Also look at year 2009. Till April they had 444 approvals ended the year at around 700. But in reality that year EB2 ROW did not even use its allocation. So to fully rely on trackitt trends is also not correct. I still think CO would have officially mentioned something abt Eb2 row and WW had demand been what you are saying it is. We will see. May bulletin is not far off

  25. #1325
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    Quote Originally Posted by sbhagwat2000 View Post
    Look at the EB2 ROW approvals so far this month - 27. Last month 76. Average per month for the last few years is 80. theres one week left this month so even at a max it will end at around 40 which is half - hence demand has collapsed. Also look at year 2009. Till April they had 444 approvals ended the year at around 700. But in reality that year EB2 ROW did not even use its allocation. So to fully rely on trackitt trends is also not correct. I still think CO would have officially mentioned something abt Eb2 row and WW had demand been what you are saying it is. We will see. May bulletin is not far off
    Sorry to disagree, but those figures are not correct. At least not as I count them.

    So far this month is 37 for all EB2-ROW. (28 EB2 + 4 NIW + 4 Indian nationality + 1 user Unknown Country but is actually ROW). We are in working day 16 of 22 in April, so it could be 51 for the month.

    FY2013 October 2012 to March 2013 had an average of 77.

    For FY2012 October 2011 to June 2012 the average was 49.

    For FY2011 the average was 45.
    Without an irritant, there can be no pearl.

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