gc_tx_2003 said:4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
This could be of importance :
Please note that they are saying 202 ( e ) spillover provisions apply at present to oversubscribed INDIA and CHINA. From what we are seeing -- that means EB2 india should be benefiting from this. From what we read the surplus would be leveled every quarter -- not sure it these extra numbers would be Dec 06, or Jan 07. (OR) may be just towards the end of the allocation year.
But the fact that they are saying -- 202(e) is now applicable to india, ch, mx, ph means that the excess visas will be prorated to EB2 - IN / CH and then EB3 ROW and then if there is excess EB3 IN/CH/MX/PH
gc_tx_2003 said:sorry, i also see the same wording in the previous bulletins as well.
what is missing from this bulletin, that was different from the earlier one is that, the section on
E. EMPLOYMENT-BASED VISA AVAILABILITY IN THE COMING MONTHS
is missing in the current bulletin.
gc_tx_2003 said:saras,
how is the dec 06 bulletin positive ?
what really is happening.
As far as I know there are 226K family and 140K emp visas avl.
of which EB1, Eb2, and EB3 will have 40 K each.
with EB1 current, and historic levels of consumption, there should be 10K visas surplus.
with EB2 in. ch consuming 14% that is 5600, and EB2 ROW being current, there is remaining 35K of which atleast 10K should be surplus.
with these 20K visas, should the EB2 IN ( oversubscribed not move more than just 1 week a month ) ? Of course this is assuming, that the surplus is leveled every quarter, instead of waiting until the end of the year.
Or, is this surplus going to EB3 ROW for the one month move ? that is hard to believe., cuz I would think EB3 ROW will move a month just by its own monthly limit of 40K - 12 k(4 retro countries) = 28 K / 12 ( per month ) visas.
THE ONE LAST THING IS THAT
Does these excess in employment EB1 and EB2 , actually going to family categories in some way ?
Can someone explain me the INA section 202 and 203, particularly INA section 202 ( e )