Another huge news - Supreme Court just ruled blocking the current administration from ending DACA! This clearly sets some strong precedence for the limits of executive branch's powers.
Another huge news - Supreme Court just ruled blocking the current administration from ending DACA! This clearly sets some strong precedence for the limits of executive branch's powers.
If the Dems win, the first thing Durbin will take up from an immigration standpoint is a path to citizenship for DACA recipients and codify that into law to prevent further challenges. Legal immigration has always been a back-burner issue for them to kick the can down the road.Originally Posted by Zenzone
Again you NEED bi-partisan support or filibuster proof majority in the Senate. Without that its NOT possible to move legislations that are contentious like immigration bills.
Things don't work in Washington that way! If not some of these things would have been passed in the past 4 years. One thing that can't be understated is the checks and balances we have in our system here.
I was somewhat disappointed with the July VB. I expected the dates to move much further. If they cannot move dates further to avoid wastage in this perfect scenario for EB2I/EB3I, when are they going to move? Even though we are Engineers and analysts and doctors with strong logic background, sometimes you need acknowledge that there is an universal force that is taking us for a ride in its own will. Hopefully this painful phase shall pass.
On the legislation front, if JB wins, nothing is going to happen in the first few years.I think, if JB wins maybe the spillover will be applied without wastage. That is a good thing for people with PDs in 2010. If Trump wins again maybe the democrats will come to a compromise.
Last 4 years have been such a roller coaster ride. we have some good news or a ray of hope and we are all exited and we see a lot of activity. Then after the high dies down we are back to reality of this administration and all the headwinds we face.
I guess we will just have to believe the hype of spillover when we see it.
Oh, JB will push legislation to legalize DACA! That would be his first priority...
Ds are all for the undocumented...no one cares about US!
No one cares about the undocumented. They do care about the Hispanic voting bloc.
Its an understatement to say we are all frustrated in recent years. Hope is something that can't be forsaken either. Good news is months from now (not years) we will know if the hype this time becomes actual reality.
Posting this just for awareness and I'm not sure if there is a bigger issue.
485 for me any my family was approved on Friday June 12th and we received the approval letters in mail on Monday June 15th.
There is no update after that about card being produced or mailed.
Based on messages from Trackitt forum, there are other folks for whom the case was approved on June 10 / 11th have also not got their cards nor any update in their case status.
So it will be interesting to see if this is in anyway related to the news we read about stopping issue of Greencards and if USCIS are actually being asked to slow down the process for approved cases.
LOL. Your family and you should get your cards soon buddy.
Don’t think the agency will stoop to that level to not produce and send the cards 😀
I agree. I was expecting better movement for Eb2I. This movement did not reflect the substantial SO that was being discussed and analyzed. It made everyone happy that it moved by a month( maybe due to other rumors of greencard processing oh hold etc.,)but few realized that it did not account for the horizontal SO we were all waiting for. Next 2 months will tell. Fingers crossed. If we fail to get the expected SO this year, what should make us optimistic for next year?! The vertical SO may not mean too much given the demand etc.,
https://www.shusterman.com/visa-bulletin-predictions/
Mr. CO proudly says he will waste 25K EB visas this year because USCIS does not have capacity.
EB-2 China and EB-2 India will certainly exceed their per country limits this year. The open question is how close the EB-2 category will be to reaching its worldwide limits.
QUESTION: In last month’s Check In, Charlie said that “it is unlikely that the employment-based limit will be reached in FY2020.” If that is the case, why is Charlie not accelerating the Visa Bulletin with the hope of attracting as many approvals as possible?
ANSWER: That is exactly what I am doing, but I have to do so within reason based on processing capacity, and not strictly for the sake of movement with no reasonable expectation of actual number use.
Processing capacity at both consular posts and USCIS is diminished due to the pandemic. Currently, immigrant visa processing at consular posts abroad is limited to “mission critical” processing, which is defined at the discretion of the post and which is often limited to adjudicating cases based on compelling reasons, such as age-outs.
Immigrant visa processing at USCIS has also been constrained due to the pandemic, but their capacity has been much greater than that of the consular posts. For example, in May 2020, USCIS used over 3,600 numbers across the employment-based first and second preference categories. This contrasts with number usage in excess of 6,000 for the same categories in May 2019.
The premise that dramatically advancing the Final Action Dates will result in full (or closer to full) number usage is flawed. The agencies’ (and State’s) diminished processing capacity makes it unreasonable to expect that an even more accelerated advancement in the Final Action Dates would increase actual number usage this fiscal year. Additionally, such abrupt movements would likely result in corrective action in the form of retrogression, which should be avoided.
The good news is that there is currently a significant amount of pre-adjudicated demand in EB-1 China, EB-1 India, EB-2 China and EB-2 India that can reasonably be expected to be adjudicated despite the processing constraints. Many of these cases may only require renewed security checks to complete processing, and others may also require renewed medicals.
Given USCIS’s potential processing capacity and the current status of these cases, it may be realistic to expect that USCIS will be able to finalize as many employment-based cases as its capacity allows. In contrast, while there is significant demand for EB-5 China numbers awaiting processing in Guangzhou, there is no pre-adjudicated pending demand for EB-5 China numbers at USCIS, and at this time USCIS’s data does not demonstrate significant USCIS demand for that category.
There is no data to indicate the existence of significant EB-5 China USCIS demand that would warrant a more rapid advancement of the Final Action Date in this category. As it stands, this category has advanced much more rapidly than I would have thought possible earlier in the fiscal year. Last October, I expected the best case scenario for the FY2020 EB-5 China Final Action Date to reach March 8, 2015.
However, I have been pleased that the data has subsequently supported advancing the date far into the summer to July 22, 2015. As there remains a significant amount of pending consular demand and no USCIS pending demand, sweeping advancements in this category are not supported by the data at this time. However, as the situation is constantly being monitored, future changes cannot be ruled out.
Although many employment-based preference categories are unlikely to reach their annual limits, there are two categories which are close to doing so. When a final action date was imposed for EB-3 Worldwide earlier this fiscal year, it signaled that this category was close to reaching its annual limit. Given significant early number usage, the EB-3 and EB-4 categories are most likely among the various employment-based categories to reach their annual limits this fiscal year.
QUESTION: Also, does he have an estimate as to how many visas they would be short in FY2020?
ANSWER: The processing limitations resulting from the COVID-19 related issues continue to impact number use under the various numerically controlled visa annual limits. At this time, it is estimated that there could easily be 25,000 unused numbers under FY2020 employment-based annual limit. That estimate depends largely on the extent that processing is able to return to something approaching normal processing.
Although we are unlikely to use all of the employment-based visa numbers this fiscal year given the current family-sponsored processing capacity, there is a silver lining. The law requires that the number of unused family-sponsored visas will be added to the FY2021 employment-based annual limit.
I give up and want to cry.
Don't we have 20K peoples files for 485 in EB2 when the dates moved to April 2010 earlier? If that is the case then it is a matter of just assigning the available GC number to the 20K and process whenever they want to may be next year! Or is it that since USCIS doesn't have people ready to work they would not even request for a visa number even if they have the 485s filed?
No, it is because USCIS is a piece of shit agency. Because, EB will be getting FB unused visas next year, they want to transfer some from EB lest more backlog could clear. They want to maintain the status quo of people rotting in backlog as much as possible. CO can try to put however much lipstick on the pig, he cannot hide the agency’s racist intentions.
Sadly biggest loser on all this is EB2. They might clear entire EB1 preadjudicated cases and since EB1 is not current it won’t spillover to EB2. This is the repercussion of CO not moving EB1 FAD further. What a sad state of affairs.
Now I believe covid happened for a reason .. it won’t end soon .. everyone tears will not go in vain .. 16 years in USA. ...
Well, within each of his check-in meetings( I think this was one too) is a cryptic message we try to decode.In this case, how about the paragraph below??
Does it mean he is expecting some good news for these categories? Then he should have moved the dates significantly in the July bulletin for 2009 PD filers which he didn't! There is no hope!
The good news is that there is currently a significant amount of pre-adjudicated demand in EB-1 China, EB-1 India, EB-2 China and EB-2 India that can reasonably be expected to be adjudicated despite the processing constraints. Many of these cases may only require renewed security checks to complete processing, and others may also require renewed medicals.
He is not saying with pride ... he is saying it with horror. What you are seeing is the classic tussle between DOS and DHS. DOS can not force DHS / USCIS to ask for a visa. USCIS has to submit those backlogged cases and request visas. So unless they are open for business who is going to submit the requests for visa?
This is CO's way of nudging and shaming USCIS publicly.
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
Respectfully Q, I do not buy your theory that he is nudging and shaming USCIS. Nor do I buy the argument that DOS is acting professionally. The duty of DOS is to allocate visas and move PDs based on demand. We are in the last quarter with SO fully eligible. The moment he does not see demand, he has to keep moving the dates and make it Current. How many kids will be prevented from aging out if dates are Current? How many people will avoid refiling PERM and redoing the process due to loss of job? People can take advantage of 180-day AC21 provisions.
DOS / CO’s duty is interpreting the INA and act accordingly. He has to move the dates per INA guidelines. Whether USCIS allocates GCs is a separate problem. It is not his job to give paragraphs of excuses blaming a different agency for not moving PDs (and not doing his job duties). Why can’t he move the PDs and let USCIS pickup the low hanging fruit to reduce the wastage of GCs. Many people here will be happy with getting an EAD/AP.
Agree with you. It feels like he is taking a swipe at them but his actions haven't reinforced the words, sadly!
Yes. When I read this line it confused me. On one hand he says atleast 25K EB visas will be wasted and on the other he says why EB india and china are low touch cases that can be processed and moved fast! Not sure what's his point. But I agree with Idliman that if his intentions are that noble, he could have moved the EB2 dates a bit aggressively (may be to end of 2009) to exert that pressure on the processing side which he has obviously haven't (atleast yet). Also, having this problem carrying over to next fiscal is worrisome as the number of visas that could go waste is MUCH higher. These agencies operate with ZERO accountability. We should hope that Covid situation slows down next fiscal and normal processing returns as much as possible.
"Although we are unlikely to use all of the employment-based visa numbers this fiscal year given the current family-sponsored processing capacity, there is a silver lining. The law requires that the number of unused family-sponsored visas will be added to the FY2021 employment-based annual limit."
How is this answer relevant to wasting EB visas this year? What's he intending to say here. Is he implying that those 25K wasted visas can be carried over to next fiscal also??
Are spillovers always applied the next fiscal by law/practice? Or towards the end of fiscal based on already consumed and projected numbers?
FB SOs are applied next fiscal. That's why I'm confused. Last year we received 16K FB SO?? Is he including those 16K within the 25K visas that he says may be wasted. If that's the case can the C/F those 16K to the following fiscal too? I'm confused!
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