Tuesday, June 14, 2011

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  • ramus
    07-06 12:38 PM
    Looks like something is happening.. They must be trying to close all loop holes.

    But may be it is too late now...

    new from Aila.org

    July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability

    Has anybody got more info on this.




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  • Canadian_Dream
    06-02 07:27 PM
    Effective date is next fiscal year or the one following it. If you read both the sections it cleary says that.
    (Read the word approved and an "or" preceding it).

    or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.


    In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
    1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
    2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.


    ============
    (d) EFFECTIVE DATE.—
    32
    33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
    34 made by this section shall take effect on the first day of the
    35 fiscal year subsequent to the fiscal year of enactment, unless
    36 such date is less than 270 days after the date of enactment, in
    37 which case the amendments shall take effect on the first day of
    38 the following fiscal year.
    39
    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.—Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.
    9

    The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.

    So people who didn't get their 140 through before the president signs the bill would be screwed?




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  • Humhongekamyab
    04-30 02:33 PM
    Can somebody post the link please?

    http://judiciary.house.gov/schedule.aspx




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  • BharatPremi
    07-05 04:11 PM
    BharatPremin you in CA?

    No... Why?



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  • WeldonSprings
    05-02 04:17 PM
    Just responding to my quote- This question was also raised by Honorable House Democrat from Illinois Mr. Guterriez.I know everyone has looked at the Visa Bulletin. Here is a quote from it-

    2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

    So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???




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  • gc_on_demand
    07-15 08:12 AM
    Just sent 10 USD using BOA bill pay : 7YDGQ-HNRRZ


    GO IV GO...



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  • WillIBLucky
    12-19 09:00 AM
    If "you" meant me then FYI, I have contributed before and will be contributing again. I am no sencond thoughts on what IV core memebers are trying to achive and why they need money. I completely understand the need.
    What am I saying is IV has done everything for Lame Duck session to try and get the bill passed. More money then would not have helped is what I think. Yes we could do better from the lessons we learnt from that day. We definetly need money for all this purpose. Most of the members here understand that and want to contribute too but you cannot expect everyone to be in a position to contribute due to various factors.
    But you should not say that you are spending a lot of money on lawyers but members pay lawyers as there is no alternative. You would not be a part of IV if your GC is not filed and affected by retrogression. To get to being retrogressed you should pay the lawyers as without labor and i-140 you are not there yet.
    Senator sessions was the key due to the lame duck session rules but going forward as i understand a majority can pass the bill..not ever one need to vote for the bill.

    Money would help core do activities like setting up the web site, faxes, going to DC, educating law makers...nothing comes free in this world.

    I am sure core team would like to post the account details on this web site and be done with it. And may be list down the number of hours and money they have spent from their personal accounts too. But there are some issues with that. We can always call them up for details if that is what is holding you from contributing. Its only a phone call away.




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  • drona
    07-19 02:08 AM
    Signed up to contribute $50 per month.



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  • LostInGCProcess
    09-05 04:21 PM
    The unbelievable growth in India made me explore a bit in terms of investments, ended up with the financial advise and recommendation from experts that we cannot directly invest in equity as an NRI. Only investment allowed it seems, for NRI is in real estate. Not sure whether this is true. There holds the surprise I could not add up the numbers in real-estate in India. Real estate in India is darn expensive even by international standards (with per capita GDP of $700->$2500 per annum).

    Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)

    Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.

    Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.

    Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)

    Now You can do the math. Commercial land is even more expensive in india.

    The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.

    Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?

    Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.

    very good analysis !!! I took the liberty to copy your column and emailed to my friends... I however mentioned as Quote in my email...i hope you don't mind !! As a payback, I gave you a green ;)




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  • sam2006
    09-15 01:23 AM
    thanks Zappy pvhemanth :)



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  • eb3_nepa
    07-14 10:27 PM
    I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.

    I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.

    Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:

    "PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".




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  • bhatt
    09-10 12:19 PM
    One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)

    USCIS and DOS love to pick APRIL FOOLS DAY as cut off date especially for India :) is it coincident or !:eek:
    Are they telling that we have FOOLED you, immigrants again and again.



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  • priti8888
    07-24 11:36 AM
    correct, its going to take atleast 2 months even in the fastest cases of 485 approvals. With a March 2003 PD his best hope is that he becomes current again 6 months or so from now and does not get stuck in namecheck


    From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)




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  • anurag_bhatnagar
    06-28 02:30 PM
    I got my certified yesterday 6/27
    EB-2, India, Atlanta feb 21'07



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  • bsbawa10
    03-17 09:12 PM
    Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.




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  • eb3_nepa
    07-05 02:42 PM
    awsome.. that's a good news....good luck

    Not really, without a mass enquiry, it is useless. USCIS will simply return my package and then will have NO reference to go by. I was actually pushing quite hard for a Bigger enquiry.



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  • mrdelhiite
    06-21 01:38 PM
    This has been there since a long time . Every new process has its backes and the resisters . The president of the US resisted the telephone also when Edison invented it . Relax don't lose your sleep about it . Atlanta is backlogged due to the incompetence and heavy workload of workers there . nothing more , nothing less .


    I agree with you 100%... no point in being paranoid about what can happen ... if it does we will find a way to deal with it
    -M




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  • gondalguru
    07-20 11:53 AM
    So maybe the H-1B provision killed it??
    .

    Thats what I think.

    Any amendments that contain provisions to increase H1b quota will have very tough time to get through.




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  • 9years
    11-16 08:10 AM
    Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
    Thank you for sharing VayuMahesh. I hope I have to do the same. Can you please share, is there any form he has to fill while doing this or he has to write a letter.




    aadimanav
    06-10 11:28 PM
    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    AILA just published the following information that they received from the Visa Office:


    Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!

    Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"

    Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:

    * The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.

    * The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.

    * The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.

    * The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.

    * The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.

    * EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.

    * EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.

    * EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.

    * EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.

    * There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.

    * There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)

    * There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.

    * Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.




    indio0617
    03-09 11:22 AM
    hi indio
    which cap on Nurse are they talking about. Is it the EB cap or H1B cap?


    They voted YES to include amendment to eliminate EB visa cap for Nurses (India, PHI)

    Will send the Nursing comm into raptures if it finall passes into law. Strong indications that it will make it. Of course that will have major impact on EB3 numbers, I guess



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