Have we figured out the source of the visa numbers for the approvals received in Oct?
It's not possible for CO to use IC's yearly allocation in first month.
Cheers
Nat
Have we figured out the source of the visa numbers for the approvals received in Oct?
It's not possible for CO to use IC's yearly allocation in first month.
Cheers
Nat
"If he follows F2A FB strategy he did last year, he has to move this next VB. In this last year, what he did was he initially moved in quantity of 3 months around, and in the last two VB, he moved 2 months a piece. This year for EB2 I/C, he has moved 3 months, 3.5 months, so what's next. "
I also compared F2A FB with EB2, but I noticed that F2A advanced significantly in the summer of 2010. In the Fall of 2011, F2A advanced in smaller steps. So it's in a different situation compared to EB2.
I hope CO can advance EB2 in bigger steps.
I saw many EB2-C got their GC only several days after they got EAD/AP. What's the point of applying EAD/AP? It is not useful for the folks with post-2007.07 PD.
If he can advance EB2 in bigger steps, then EAD/AP will be useful for the folks after 2007.07. He should do that! What's the point of EAD/AP?
In my opinion, he should let all the folks before 2009.12 apply for EAD/AP. If he does not do that, that means he is cold blooded and has no mercy on EB2 C/I.
I don't know what personal grudge you have on the guy but you need to cut him some slack. He is already bending/breaking the rules to move cut-off dates so early in the year more than annual limit. Above all, even allocating visas for the approvals. What else do you want him to do?
I don't have personal grudge on him. My point is that they should treat EB immigrants better. EB immigrants are not treated well now. Is it humane to let people wait for five or ten years? Of course EB people have a choice to leave, but is it so easy after you spend ten years or more here? It does not violate any law if they move PD to 2009.12. If they have mercy on EB immigrants, they should let them apply for EAD/AP and give them a better living condition. Without EAD/AP, EB immigrants' life is unstable and risky.
Last edited by qblogfan; 10-24-2011 at 08:23 PM.
I do agree that EAD & AP has been of immense help for 2007 filers and now it is not going to be of much use unless dates move forward drastically for EB2-I/C people. It might help some EB2 folks with PDs around March - June 2008 who might not get I485 approval but might be able to file I485 this year. For EB3 filers also, it won't help as EB3 dates are progressing very slowly. During 2007, one needed to apply for EAD and AP separately and now it is combined with I485 application. USCIS can take stock of this situation and see what purpose EAD & AP are serving. The processing time for EAD & AP is ~3 months and one is getting I485 approval within 3 - 4 months, assuming the PD is current.
It is none of CO's business how EB immigrants are treated;he is hired to do his job as per law. For reliefs and action we have Congress and Senate. This is more of a reason that everyone should support and work towards HR3012, as this is only resort that will bring so called mercy.
I agree law does not violate such movement as long as demand is less than supply but CO has already made movement more than the Section 201 (a)(2) of INA act allows for first three-quarter ( ie 27% of annual limit) . He already did a favor to EB2 C/I where he moved dates more than the supply. Any movement after this is just blessing for us.
EAD is provision via 8 CFR 274a(c)(9) for those whose AOS is pending adjudication. It was introduced when it was thought that retrogression would be less common. I am not sure if word retrogression is ever used in INA Act. It was first used by USCIS later. EAD was never meant to be used as an extended license to change multiple employers and was thought as a gap filler until permanent residency is approved within few months from filing. DOS or even congress does not want anyone to receive EAD before an acceptable period from receiving GC. CO has already gone enough criticism for what he availed to 2007 filers after making dates current. I doubt he will go through this again in near future.
I understand Qblogfan's point of view. It's not about a personal grudge. It's just that some people are in a job they are happy with. But there are many more people who are not or some people fall into circumstances which makes GC/EAD/AP really important etc etc.....It all depends on one's personal situation.
The whole system is really messed up..there is no set pattern/consistency or clarity. Eb2 and Eb3 is a mess. Who is to be blamed? The whole system and CO becomes an easy target.....but he is obviously doing his job and has to answer to people higher up.
He is definitely doing something different this time which is highly commendable.
Never give up ! if there's a will, there is a way. If you really, really want something, it will be yours
I agree that qbf is too aggressive in criticizing CO. But CO and VO has done nothing to alleviate the pain of EB2IC. On the contrary by not doing quarterly spillovers as LAW requires them to do, he and VO has violated the law.
Whatever they are doing now is not doing any favor to anybody. They need to replenish USCIS inventory and they are assisting USCIS in that. Again they seem to be bending and breaking law. But I have no doubt they are NOT doing it to help EB2IC.
Of course although I have these thoughts I do not go on a tirade against CO. I agree that it doesn't hurt to be polite. Its just that I do think that CO and VO's actions have consistently hurt EB2IC interests.
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
Q,
I understand where everyone is coming from but being polite does not hurt.
Regarding quarterly spillover I had talked to few folks in past. Complication about using quarterly spillover is verbiage in Section 202 (a)(5) which states "A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter."
Calendar quarter starts in January while fiscal year starts in October. Earliest they can use that spillover is in April where other remainder of calendar quarters starts. Hence by the time DOS gets information on this from USCIS, it is time to determine May VB in second week of April. This is where you usually see first effect of quarterly spillover, which in reality is half yearly spillover. Problem with verbiage is quarterly spillover though starts in calendar quarter has to be used by end of fiscal year. So we cannot blame CO for this as he is doing exactly what laws call for ie to use spillover staring April.
As seen in trackitt, EB2I approvals are still trickling in which is surely a good news for EB2-I/C folks. I see around 115 EB2I (incl NIW) trackitt approvals so far for the month of Oct and there have been ~3 - 4 approvals today. I think if this rate of approval continues in near future, most of the 2007 filers will be cleared by the end of this calendar year. This will also pave the way for the PWMB and new filings (i.e. post Aug'07 folks whose PDs got current) to be adjudicated sometime from early-mid 2012.
I did a quick trackitt check for I-485 applications filed between May 2011 and August 2011. 168 Out of ~500 approved so far with a median time of ~81 days. By the time all of them get approved, the median time for approval could get to 200 days - if there is no retrogression.
As we now move away from the era of preadjudicated cases of 2007 and start the cycle of build up yearly inventory and use it, these kind of metrics are going to important. In the earlier era, date movement translated into direct visa consumption due to preadjudication. Now the processing time will impact the approval rate and thereby influencing the date movement on yearly basis. The monthly basis of date movement will still be at the discretion of CO.
I think there is nothing wrong in criticizing CO, USCIS et.al. These individuals and organizations have been created to be inefficient so that potential immigrants could be frustrated to their wits end. How else could the wastage of visas, delays in processing H1B, ripping of employers by premium processing could be explained ?
BTW on a happier note, Wish all of Q Blog readers Happy and Prosperous Diwali. Thanks Q for creating this wonderful ecosystem that brings clarity to the whole immigration process. Congratulations to all those who have become current and pray that by next Diwali we are in a better state than we are currently.
Thanks,
Arun
smuggymba, take it easy and move on. Lets keep our focus on predictions.
Calender quarter just means 3months. It does not mean it starts in Jan. Fiscal quarter is 13 weeks (52 weeks/4). What the rule states is that SO can happen every 3 calendar months rather than every 13 weeks (which could be mid calendar month)
Bottom line is that it is still unclear as to where the visas for these approvals are coming from. He could just be assuming a certain SO for Q1 and correct it later if it's too high or too low.
Last edited by vizcard; 10-25-2011 at 08:41 AM.
Thanks. Oct-Dec also is a calendar quarter. So in the past the spillover should've happened.
However there is something interesting I read yesterday that I never read before. How could I have missed it all along?
"A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter."
Its that "during the remainder of" that I have been missing. So basically what CO is doing right now is he is anticipating low EB2ROW usage and allocating the visas to EB2IC. No law is broken or bent. (Rather he is doing what he should've been doing last 4 years).
Again he is not doing it suddenly out of love of EB2IC. He is doing it and will continue to do it to teh extent USCIS can replenish their inventories sufficiently. That's great. So basically we might see dates moving steadily through at least next couple of bulletins.
I really do not engage in predicting next bulletin and the dates. Its futile. Nobody can read CO's mind. But I think we are on track to hit Jan 2008 well before I predicted I will hit it.
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
There is nothing special with 2009. I just think they should allow half of the applicants to get EAD/AP to make their life easier. These officials don't understand the pain of the long waiting. Maybe more than 100 thousand EB2 applicants are still waiting without EAD/AP. There is nothing wrong to grant them EAD/AP to allow them have a safer and more enjoyable life.
The reason why I criticized CO is that he has made many mistakes in the past. The critism is not for CO personally, but for his organization. I am happy about the unexpected movement in this fall, but he or his organization has made so many mistakes in the past. Just one example: the spillover to EB2 didn't start until the summer of 2008. Before that he spilled most of the visas to EB3. The law is the same, but how could they make such stupid mistakes? EB2 got the first backlog in October 2005. He or his organization didn't do spillover to EB2 in the summer of 2006 and 2007. I think EB2 shouldn't have this crazy backlog in the first place if he or his orgnization understood the law in 2005.
I don't think anyboday right now asking to open flood gates like they did in 2007, but provide EAD to all those who got I140 approved, and movement few months at a time. You made an interesting comment here "DOS or even congress does not want anyone to receive EAD before an acceptable period from receiving GC", what is the source of that?
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