When do you guys think the demand for EB2IC will go back up. The new inventory is only starting to build this month (Nov). Would the applications not have to be documentarily qualified to show up as demand. I'm guessing that will take another 2-3 months. If this is all true, would CO not have free reign in moving dates in the next 2-3 months until demand is up again? And, then retrogress?
So, it strikes me that people all the way into second half of 2008 have a HIGH probability of filing 485 within the next 2-3 months. Or at least, the demand for visa numbers is NOT going to tie CO's hands. Thoughts?
The demand data won't spike up atleast till another 2 months, looks like Dec, Jan, Feb bulletins will have significant movement as forecasted
Gurus,
Could be a naive question...sorry not an expert with the demand data stuff.
Assuming that the demand is less, how would it work for people who applied for EAD and GC in on Nov 1.
Would this only be pertaining to Priority dates movement or also getting GC faster aswell??
Please shed some light.
Based on the new demand data technically they should make EB2 current for all. Lets see what happens.
Not a Legal advice/opinion, please check with good immigration attorney.
I am not sure what 'Pre-Adjudicated" would mean in the current scenario.
The term made perfect sense for the folks who turned in their applications in July 2007. The USCIS had almost 4 years to work on those documents and complete the pre-adjudication process and just wait for the visa numbers to be available.
Most of the applicants who would get their GCs in FY2012 would have filed in late FY2011 or in FY2012. Going by current trends/predictions, the dates would move in Q1 and possibly Q2 and then would halt or retrogress for the remainder of the year, unless demand is exhausted.
The 2007 model was "Allow every1, hold and process (Pre-Adjudicate),approve GCs based on visa number availability".
The current model seems more like a "Generate Manageable Demand - Hold and Process - Approve - Repeat process for next FY".
ChampU,
In current scenario pre-adjudication depends on # of new EB2IC applications received Vs processed Vs visas allocated on a monthly basis.
Remember once regular FY2012 quota for EB2IC is consumed, then EB2IC is at the mercy of SOFAD which will depends on several factors! (Ex: Monthly/Quarterly limits/allocations)
Not a Legal advice/opinion, please check with good immigration attorney.
Veni,
Thanks for the clarification.
Going by the ball part estimate of about 2.5k applications per month and current per country max of about 3k, folks with PDs within 30-45 days of 07/15/2007 (the cut-off date at the begining of FY2012) would get their visas as a part of regular FY2012 quota. So folks with PDs after 08/15/2007 are dependent on the SOFAD for their visa numbers.
Is that a rational assumption?
Assuming a SOFAD of about 30k:
If QSP is happening, 7.5k applications would get their visas at the end of each Quarter. So, by the end of Q1-2012, the applications before 15th Nov would be pre-adjudicated (3 months from 08/15). The dates would be 02/15/2008 at end of Q2, 05/15/2008 at the end of Q3 and 08/15/2008 at the end of Q4.
If QSP is not happening, all the applications would be "pre-adjudicated" and when the SO season hits, the dates would jump around mid-Q3 and Q4.
I know there are a lot of variables that could blow this model away.. but it kind of makes sense to me.
Thanks again!
Does QSP give more numbers to IC or the Year End Spillover?
I think this FY's spillover model is significant from the following perspective:
From what I remember/ read somewhere, during the 2007 fiasco, USCIS/DoS-CO had assured the ombudsman that no new GCs (for EB2-I/C) beyond the 2007 cut off date will be issued until the backlog accumulated during the fiasco is cleared. That is the reason we are seeing QSP or Monthly SP or whatever model that is being followed now.
Now that the demand data shows zero, it will technically prove that they have kept up their word. Please note that PWMB anyway will not be counted towards this demand.
My personal opinion is this month's demand data is very significant from that perspective. It is also why we are seeing this new/ wierd spillover and GC issue pattern this past two months. Please feel to tear this apart
P.S. EB2-I/C total demand of 75 before 01/01/2008 is very insignificant and can be approximated to zero
Last edited by mysati; 11-09-2011 at 12:59 PM.
I just want to add that since Demand Data is from November 7th, CO has no interest in gauging demand for applications filed and firm date of 01 March 2008 will be seen in the Visa Bulletin. He will stick to his words, I believe.
Last edited by shaumack; 11-09-2011 at 01:05 PM.
Hello everyone. I went through the posts. Thanks to all my friends who mentioned me.
Yes, the demand data is close to 0 as many of us here were already thinking of. But to actually see it in the document is another thing.
The VB release is inevitable now. Prudence suggests the VB should be released before end of business day today for DOS. Since the DD was released before 6 AM PST, it seems to me that their day began at 8 AM EST not like 9 AM EST. Must be 8 to 5 kind of office hours, that also explains why sometimes VB have been released around 2 PM PST, which is 5 PM EST. Many times VB has been released while I am on lunch here, around 12.30 to 12.50 PST. Not that we can derive any conclusions from this, like the coming soon googly, they can do anything at anytime.
I sincerely hope they don't wait till tomorrow. The DD generation date is 7th of November, he already waited like two days after the data collection and tabulation. It does not take rocket scientist to say that if not today, tomorrow VB release is 100% sure.
As far as what we can analyse from DD, it's pretty much the same. CO does have the leeway I believe to make it to his so called prediction of 1st March 2008 or beyond. It all depends now on few decision makers in the DOS/VO/USCIS, whoever they are. Our fate is in their hands. Hopefully they learnt lesson from July 2007 fiasco where suddenly they had to apply more than 70k extra EB visas in around last quarter and were caught with pants down. We can always speculate what the SOFAD will be like, what porting will be like, but that is all speculation and prediction of future, no one has seen future, so prudence suggests CO should prepare for worst case by looking at last two years trend, and the last years trend at the very least.
I am not a lawyer, and it's always best to consult an immigration attorney.
http://us-non-immigrants.blogspot.co....html#comments
Our friend CM boldly predicts now that :
EB2-IC will move to 1 Mar 2008 or more.
in comments area.
I am not a lawyer, and it's always best to consult an immigration attorney.
Veni & other Gurus,
I was going through this pdf(THE OPERATION OF THE IMMIGRANT NUMERICAL CONTROL SYSTEM) on USCIS website and can you please help me understand the below statement applies for the current scenario.
The American Competitiveness in the Twenty-First Century Act (AC21) removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
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