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Spillover would be by PD so China will not get same number of EB2 numbers as India. India has many more old applications then China.

I assume they move both the countries PD to the same year/month if the spill over happens. Atleast in the past, it would be interesting to see how they move now.

Even in all the scenarios it is less likely to go in to 2007, if not beyond June 2006.

Dugg the links, posted to the board. What other action items do we have?

The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.

On the flip side, Spouses on dependent visas who had plenty of experience and who were stuck for years by not being able to work. The provision to apply for 485 applications in july was god send opportunity.

Guys,

We cannot sit idly and watch this developing story. We need to explore the possibility. How many are you ready for the fight?

The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)

I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
Why ? You got the number of EB2 India cases pending that have PD before yours ?

Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.

When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.

The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.

June 28, 2007
USCIS: RUMORS OF EARLY VISA RETROGRESSION

Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.

Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.

If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.

We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.

The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available

Hi,

My sister is a citizen and she applied GC for my parents who are in India.She applied for I-130 in April and it was approved in 2 months.She now has to fill the form I-864 and is in the process of doing so.Meanwhile my parents would like to visit USA.They'll be coming in December and be staying for 6 mos.They have a 10 yr visa and visited us back in 2004.
My question is it ok for them to visit USA?I read that they might be denied entry becasue of their approved I-130.We do not want to apply AOS here and they will return in June 09.

Thanks for any advice.

Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel... ace


"Everytime"?

I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)

I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.

Isn't there any Indian lawyer who is a member of IV and can give some direction to this discussion?

Yes, some law professional should really enlighten us for this deep waters.

I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.

But question is " what is the meaning of it?"

The tables what are published in bulletin are meant for "Visa number availability".

So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.

"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".

In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.

Above mentioned explanation is the real meaning of this bullshit.

I think I have tried my best to explain the process.:)

Not sure what you are talking about. There are two rules as follows

28.8% EB visas for each category EB1/EB2/EB3 and 6.8% for EB4/EB5
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)

To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).

Btw, why is colin powell an american problem ?

Dont a CAN PR Card holder need to live in CA for 3/4 yrs before he gets to file for Citizenship? If you live in CAN for 3/4 yrs and have citizenship, you have basically no problems living in CAN. (not with the weather, only economic hardships). Now, I dont know whether people can get away with citizenship some how without living in CAN. If the GC mess is same here, why would you want to come back here on TN visa and live an uncertain life or with a plan B that takes you back to CAN incase of any discrepancy.

Just wanted to chime in to say that filing a lawsuit will only aid any campaign for admin fixes. The NC changes were done administratively but anyone who tells me that the scathing rulings from the federal courts had nothing to do with current changes is living in denial -- the recent rulings essentially shredded the legal basis for the form of these NC checks and attendant delays.

There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.

Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.

Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.

Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.

Why don't you sue DMV or Michigan congress (if possible).


If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.

Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.

Can we organize a skype conference chat. Please let me know.

Does anybody know how many EB2-I and EB2-ROW PERMs were processed for 2006, 2007 and 2008? Once we know these numbers it will be easy to predict EB2-I movement as all of the spillover numbers will be used primarily by EB2 India.

http://www.immigration.com/newsletter1/attregusimmsuppo.pdf
http://www.immigration.com/newsletter1/permstatsjune08.pdf

Total Labors approved in year 2007 --> 85,112
Total Labors for India in year 2007 --> 24,573.
Total Labors for China in Year 2007 --> 6,846

Total labors approved from Mar 2005 to till May 2008 --> 209,393

-- Deleted ---

Chennai consulate Aug interview appointments URL: http://chennai.usconsulate.gov/uploads/images/yWMjU032EdCBcZW2qhz3yw/ivapp0808.pdf

There are 14 E2 appointments in Aug.

Interesting Analysis from Greg Siskind

http://blogs.ilw.com/gregsiskind/

COULD ELECTION YEAR POLITICS HELP RECAPTURE BILL'S CHANCES?
Yesterday, I wrote about a great bill that was introduced by Senator Menendez that would recapture hundreds of thousands of unused green card numbers, ease the strict per country limits that cause long lines for nationals of some countries and also make it easier to get a waiver when someone is subject to an unlawful presence bar.It also changes the definition of an "immediate relative" to include spouses and children of permanent residents, a provision which would be wildly popular in the Hispanic community since it would cut out the multiyear waits typical in the Family 2A category.

And, oh yeah, there's another bill that people are talking about. The E-Verify program (DHS' much discussed electronic employment verification system) expires in November.

E-Verify is the heart of the entire enforcement agenda for the antis and with Congress set to adjourn in the next week or so and with the distinct possibility that this will put off all legislation until next February or so when the new Congress comes in, getting E-Verify extended in the next few days is a huge deal. A five year extension has passed the House already. The Senate has done nothing yet.

So it was with great interest that I read in yesterday's CQ Today print edition that Senator Menendez is blocking the E-Verify reauthorization bill in order to force consideration of the recapture bill. The article describes Republicans as being infuriated and saying that the recapture bill is a nonstarter and demanding Senate Majority Leader Harry Reid bring up a clean E-Verify extension bill.

On the House side, interestingly, the recapture bill was set for a markup in the Judiciary Committee yesterday and Congressman Conyers abruptly adjourned the hearing after a bill barring horse slaughtering was finished yesterday. According to my sources, several members of the Committee were shocked that the markup on the recapture bill didn't happen even though Conyers is a strong backer of the measure. Strange.

So that has me speculating. Is something cooking with the Democratic leadership and the Obama campaign? I think the Democrats smell blood. They know John McCain is in trouble with Hispanic voters based on recent polling data. He's polling anywhere from 10 to 20 points worse than Bush did in 2004 and the Hispanic vote partially explains why Obama finds himself ahead in places like New Mexico and Colorado, states Bush won in 2004. Erosion of support in the Hispanic community could also cost McCain Florida, a state McCain cannot lose if he has any chance of winning the election.

As I reported earlier this week, the McCain campaign and congressional leaders have been clamping down on the anti-immigrant wing of the party. You didn't really think these folks suddenly decided they no longer care about this issue, did you?

What I don't think is a coincidence is the sudden reemergence of immigration in the presidential debate. Suddenly, Obama is blasting McCain on immigration and looking for more and more forums to make his claim that he's pro-immigration and his party's solidly behind him. And he's quick to remind Latinos that John McCain turned his back on them and denounced his own comprehensive immigration reform bill, something that Latino voters are now saying is one their top priorities.

McCain is asking Latino voters for a do-over and claiming that he was only pandering to his base. He was always pro-immigration. It's just politics, you understand.

As you might expect, this message is not selling particularly well. And Democrats know it. They also know that with the economy in free fall, most Americans are not thinking that much about immigration anymore and the issue has dropped back to its historically low rank on issues of concern to the typical voter. So Democrats can be more visibly pro-immigration without having to fear negative consequences.

You probably see where this is going. Provoking a confrontation over immigration with Republicans in the month of October can only have good results. Democrats might actually pass a bill they really want. And they score politically as well.

There's no time to bring up a massive comprehensive immigration reform bill between now and the election. Something smaller and simpler, but what? Oh wait, there's that recapture bill! And there's that must pass E-Verify bill. Now there's a great way to put immigration back on the front pages. Link the two and force Republicans to vote no on a pro-immigration bill likely to have a hugely positive impact in the Hispanic community if they want the E-Verify program to survive. If the Democrats can keep the two bills linked, Republicans who can't stomach more immigration will have to vote no on E-Verify, something they'll have trouble explaining to their constituents. And Republicans who think E-Verify is too important to die, will help deliver a win on the recapture bill.

And in the mean time, McCain will have to openly confront the angry antis in his party. Some of the hardliners in his party will call the provisions easing the unlawful presence waivers to be a "back door amnesty." If McCain goes against them, he'll be seen as a liar by the people in his party who he promised that he would not support an "amnesty" without enforcement first. And if he votes with the antis, it will be all the Hispanic community needs to hear to confirm they're right to support Obama.

October could be interesting.

Hello Gurus,

My priority date is Aug 11 , 2006(EB2) and my 6 year H1B ends Sept 2011. Is there any chance the priority dates will move to Aug 2006 levels in FY2010? Or in FY2011? I am really worried because these days people are getting rejections for H1 renewals. When my time comes for renewal I want to have the EAD as a backup in case H1 renewal gets rejected.

Please let me know your thoughts on movement to Aug 2006 before Sept 2011.

Thanks.

Why are you so worried? Dont be scared, make enough money and dont make silly financial decision. You can take your kitty back if push comes to shove. Economies in India and China are booming and you wont die hungry. I guarantee you that.

after death, for people to say good stuff, one needs to be good during life!