All Gurus,
Is it necessary to have a cut off date established for EB2-P, if visa allocation crosses 3163 mark for this fiscal?
Thanks,
Matt
All Gurus,
Is it necessary to have a cut off date established for EB2-P, if visa allocation crosses 3163 mark for this fiscal?
Thanks,
Matt
Matt,
In my opinion, no, because of the operation of the 7% limit at an overall level.
Since FB-P will reach the 7% limit anyway, we can simplify it down to EB numbers.
7% of 158k is 11k.
Philippines use relatively few visas in EB1, EB4, and EB5 (0.6k in FY2012, 0.5k in FY2011).
That means that realistically, EB2-P can use as many visas as they want and not hit the 7% limit.
It may limit EB3-P ability to use as many visas as they might otherwise have done (they used 6.5k last FY).
PS It is quite possible that EB2-P have already reached or exceeded the initial allocation IMO.
Without an irritant, there can be no pearl.
Guru's,
Are we 100% sure, in the first bulletin of last quarter we can make a clear indication on where the PD date reach at the end of the FY? or what if we see similar bulletin and DD what we had seen last month over the next month too(like not containing much information to make a 100% correct analysis). In that case we still cann't confirm 100% where the PD date reach at the end of the FY? Am I correct, Pls clarify me on this if am wrong.
I agree. Moreover the uncertainty goes beyond last bulletin of the year into first quarter of next year since it is quite possible that CO makes a very large move in last month and so not all folks with then current PDs may be able to get through in the remaining quota.
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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I was saying it could be anything. Common sense tells that generally Jul bulletin should start showing movement. But past is random. So I wouldn't bet anyway. The whole preadjudicated cases have allowed CO to withhold any movement right upto last moment in September. So he could very well wait till september and then make a movement in September.
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.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Thanks for clarification Spec/Qeseh.
Qeseh,
Based on your comment, I conclude that people with EB2PD(Straight)/EB3-EB2 Porting people filing for AOS this year cann't get GC for sure. All they can get is EAD by waiting 6 more months after their PD is current. People who filed for AOS last year i.e. in 2012 might be the lucky ones to sail through this year. I guess by the end of this FY there may not be much difference between EB3I and EB2I, I guess. This is a very complicated situation for EB2I too like EB3I. All we can do is hope for the best in the coming days.
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.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Hello Gurus,
Can someone explain to me why Mexico is getting over 140k GC per year? I thought there was a limit of 7% per country. The rate for Mexico is too high, India's numbers are not even half of that.
http://www.dhs.gov/publication/us-le...residents-2012
NOV2007,
I think it is fair to say that anyone with an approved EB2 I-140 who needs to file a new I-1485 when dates become Current for their PD is unlikely to receive an I-485 approval this FY. I believe most people hold that view.
I didn't quite understand your EAD comment. Those filing an I-485 will receive an EAD as quickly as it is processed - anywhere between 1-4 months. They don't have to wait 6 months after the PD is Current.
People who already have a pending and pre-adjudicated I-485 (whether filed in 2012 or 2007) have an equal chance of approval if their PD becomes Current, their case is picked up by an IO and they do not receive a RFE. The later they become Current, the somewhat less chance they have of their case being picked by an IO, particularly if they only become Current in September.
By September, there will be a big difference between EB2-I and EB3-I Cut Off Dates. The best EB3-I can hope for is a date in 2003, whereas EB2-I dates may end in 2008.
Without an irritant, there can be no pearl.
Spec,
IMO you are being too optimistic about EB2 I dates. Heres what I am thinking about the numbers
EB1 - 38000- 39000 - 6000 - 7000 SO ( I desperately hope its lower)
EB 2 WW - 43000 - -5000 ( This is what it looks like - with 34400 + 8600 from last year)
EB4 - 8000 - 2300 (Again I hope its lower)
EB5 - 1318
Total SO around 5500 to 6000 . With that dates moving to 2008 could be difficult.
joemontana,
That number includes all LPR - IR (Cap exempt), FB and EB and several others. In F2A, all Mexico approvals are exempt from the numerical limitation.
Across FB & EB in FY2012, where the 7% limit applies, Mexico received 49.6k visas compared to the 44.9k that India received according to the DOS Visa Statistics. In FY2012, 7% was 26k. China, India and Mexico all exceeded the 7% limit on that basis.
China ------ 10.50%
India ------ 12.09%
Mexico ----- 13.36%
Philippines - 7.07%
However, adjusted for visas that actually count against the 7% limit, it is a different story.
China ------ 10.06%
India ------ 11.92%
Mexico ------ 4.85% (Mexico use by far the most visas under F2A)
Philippines - 6.56%
China and India were able to exceed 7% due to spillover visas.
Without an irritant, there can be no pearl.
To be pedandic, I did not say that dates would move to 2008. What I actually said may move to 2008.
SOme points to note.
EB2-WW allocation is about 39k so your calculation would result in (4)k SO, not (5)k.
If EB4 used 8k, then SO would be 3.2k, not 2.3k since the EB4 allocation is 11.2k.
That would give EB2-I about 10.1k total visas (I've deducted some for EB2-C).
I would agree that, even with a 25% contingency for unapproved cases, that would probably not be enough to move the Cut Off Dates to 2008.
I do think you are using the aggressive end of possible numbers which are resulting in low numbers for EB2-I, but they are not outside the realm of the possible. Historically, EB2-ROW (and probably M & P) only use 40% of normal approvals in September, so 43k might be slightly too high a number. If EB1 does come in that high, 2008 could be quite difficult to achieve.
Without an irritant, there can be no pearl.
Per my understanding:
Along with SO of 5.5-6k, EB2I can expect anywhere between 7.5-11.5k (11.5k being absolute best case scenario where EB2-ROw does not take any FB visas) from the 18k FB visa allocation.. That makes total SO of about 13-17k..Subtract about 6k porting and net SO is 7-11k.. Add to that 1.3k from remaining regular quota.. So EB2-I can expect about 8-12k visas.. Anything more than 8k would take the dates into 2008..
If porting is 7.5k(per Matt's calculations), we have 7-11k Visas and the dates would at least hit Mid-Dec 2007..
Thoughts?
Hello Good Morning Everyone.
Gurus - Spec, Q, Kanmani, Teddy, Kochu, Veni, Viz, etc...I missed reading your posts. I just want you to know that I admire you guys for what you do. I have been in hibernation but woke up a couple of days ago to catch up on EB2I things. I just wanted to put my thoughts out here and on trackitt to get further insight. I just feel like I am missing something, don't know what. Is the situation really that grim that if it wasn't for the FB spillover, we are looking at possible retrogression in almost all EB categories?
The Good: The spillover from FB (18k), Low demand for EB2C for 2008
The Bad: The rise in demand across all EB categories (EB5, EB2ROW, EB4, EB1 in order of %rise I believe) and Porting (I believe the total porting for FY2013 is between 5k-6k)
The Ugly: CIR. Yes, I decided to call it ugly because of several reasons. a)Never underestimate the predictability of stupidity...especially when it comes to most of the present congress and the morons who put them there. This bill is NOT going to pass. I will be happy if it does but it wont. b)what it can be potentially but what it will be finally, and the length of time it takes to get there if it does. c)For political reasons, they had to hold us legal immigrants hostage so that they can get some traction on legalizing illegal immigrants !!! Really ? Does their depravity know no bounds ? Argh!!!
Anyway, here is a closer look at spillover to EB2I:
(FB spillover allocation is based on this article. http://blog.mygcvisa.com/2013/02/eb-...dditional.html )
FB:~5100
EB5 - no spillover and more over its going to suck away ~1300 from FB spillover. Net: 0
EB2ROW - no spillover and it is probably going to suck away ~4k from FB spillover. Net: -4000
EB4 - may yield ~2k spillover plus give back all ~1300 from FB spillover. Net: 3300
EB1 - no spillover but will probably give back all ~5100 from FB spillover. Net: 5100
EB3 - as usual a black hole. Net: 0
Chinese Share of spillover - Net: 0
Total spillover for EB2I: 5100 + 0 -4000 + 3300 + 5100 + 0 - 0 = 9500
Assuming the monthly spillover has taken care of all the regular quota (2800) and any pre Sep 2004 porting cases in the next three months, when I apply a spillover of 9500 to the current demand, it should easily clear January 2008. So my estimate is that the date will land some where in Feb 2008 by the end of this FY. I wish that it will clear at least all of 2008 so that me and my buddies can get our green cards but that doesn't seem possible. Even my best case scenario doesn't go past Sep 2008.
I think the date movement in July and August bulletins will be small (numbers wise, not timeframe wise...say up to Sep 2007) and then a big leap to Feb 2008 in Sep bulletin. The dates are going to retrogress again to say Jan 2005 once the fresh porting demand materializes in Q1 of FY 2014. I think porting impact is going to be very bad next FY, but that's a story for next FY.
I would be honored if you rip my post apart.
Thanks Guys !!!
when calculating SO, please note that FB is already allocated across all EB.
So its probably less confusing if everyone uses same method of SO ( i.e from other EB) (including the extra quota which is added to each one).
EB1 and 4 are the only categories we hope to receive spillover for sure and perhaps a very small spill over from EB 5. EB-WW might give very small or NO spillover.
While it is impossible to know how much spillover will be available by the end of the last quarter, also is unknown when CO will make the movements, and if FIFO will be followed.
Apart from applicants before 2007, and early 2007, for most of us it is still a chance.
I do think that, your estimate is almost sure shot , except I could differ slightly on EB5 numbers. Anyways, we have almost reached the last quarter game, and we do not have many more predictive indicators, except from the June end AILA meeting.
These are my thoughts on few points discussed above:
a) I do think that dates will end in early part of 2008.
b) Regarding a new I-485 filed from July getting approved this fiscal, very slim chance.
c) Date movement- I do think that advantages of moving dates byJuly/ August, outweighs the advantage of making the big move in September. To Q's point, they could do all in one month as most cases are preadjudicated. In that case it will be a bigger jump.
d) Retrogression next fiscal: Aprox 2+ years from where EB3I reaches by end of this fiscal.Need a little more clarity, but a general estimate.
e) Porting- I understand that adjudicating a porting case is very similar and the only extra activity is re-classification of I-485.But, I think that existing pre-adjudicated cases will have a slight lead over porting cases. The time lag may not be huge, it could be a week or two. it is possible that the week or two differece may impact some percentage of porting applications.
willywonka - you have very good grasp of the dynamic. Thanks for a simple and lucid post. I guess I will add EBROW porting into ugly and probably upgrade EB1 to possible "Good". EB5 I will definitely put into good column since I would fully expect them to yield at least 3K. Overall I do think that based on EBROW porting dynamic - your Feb 2008 could be come worst case scenario. But I will reiterate that 2007 is a foregone conclusion. Anybody from 2007 should stop worrying. 2008 Mar-Sep is where the uncertainty lies. Anybody beyond Sep 2008 - has almost no chance. Just my quick 2 cents. Thanks again.
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.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
willywonka,
Thanks for your post. I have no intention of ripping it apart. Without FB numbers, this year would have been very grim indeed.
I would comment on this line:
My reading of the various laws is that EB2-C would be entitled to 7% of any numbers that fall down from EB1, so they would use 588 visas based on your figures, as well as 360 of the 5,148 extra initially available to EB2. That would give them 2,803 + 360 + 588 = 3,751 total visas.Chinese Share of spillover - Net: 0
EB1 using 40k visas is quite an aggressive prediction.
Given some of the problems EB5 is experiencing, they may not use the full 11.2k available to them. Even so, I don't expect them to provide huge numbers either.
Let's use your figures anyway.
Total EB2-I number is 9,500 + 2,803 = 12,303 visas.
I think you are assuming that the current Demand Data includes all porting applications. I don't believe that is the case and we are going to see the effect of a lot more (they won't appear in the DD until dates retrogress again after becoming Current).
If every case were approved, I don't think that is enough to move into 2008, but given a healthy contingency for cases that are not approved, that number could move the Cut Off Dates to January/February 2008 depending on the size of porting.
But my guess is as good as yours!
Without an irritant, there can be no pearl.
Matt,
I can't disagree with anything you have said.
My biggest doubt remains on how many visas EB1 will use. I currently have about a 4k range on that, which can make a big difference.
In fact, there are ranges on everything. Some are quite small, but cumulatively, they all add up to a much higher overall range and thus uncertainty.
Without an irritant, there can be no pearl.
DD prior to Jan 2008 is 7925
Porting which might happen after dates move apprx. 5K
Total Demand approx 12K (assuming 1k of porters not getting GC)
If SO is apprx. 10K, I do not see a scenario where the dates will clear even the latter part of 2007.
Please correct me if I am missing something.
( I personally believe that the SO might be bit higher probably 12K-14K based on the hope that EB1 and EB2-WW might not consume as much and CO can always internally stop issuing GC to EB1/EB2 WW in last 2 weeks of sept.)
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