EB2 Unavailable

[freezthefire]

Kindly explain what does EB2 unavaibility do to the future bulletins.

 

[indian_gc_ocean]

Kindly explain what does EB2 unavaibility do to the future bulletins.

It just means that India has used up all the visas its been alloted. Most likely this is the 2800(7%) limit. If USCIS has enough time and visas for spill over, only hope is to wait untill September for any unused visas from ROW eb2.

If we already have used up (which I seriously doubt) enough row eb2 unused visas, just wait for October so that we can watch eb2-part2 in 2007.

 

[good_y]

EB2 U is unrealisitic

Though we have not seen many approvals of EB2 India, and suddenly it is unavailable. At this rate I feel EB2 also may fall into the category of EB3.

 

[madgu-gc2005]

Though we have not seen many approvals of EB2 India, and suddenly it is unavailable. At this rate I feel EB2 also may fall into the category of EB3.

Hi Good_y,

Your case is almost like mine as for as filing is concerned. see below my signature. My I-485 has been transferred to NSC on July 13, 2006. Be in touch and post if there is any approval from your side. Do you know whether your security check including name check is over.

 

[tusharvk]

EB2 row is current and china has not moved up or down.
is dos required to wait until end of FY06 to release unused EB2 & EB1 ROW visas to India & China?
1st section in the VB is clear that the total for each country is 7% of all FB & EB i.e. 25896. Now, I am not sure that each EB & FB category is required to abide by the 7% limit. which makes this EB2 being U for India all the more puzzling.
Currently DOS identifies only 5 sub-categories (ROW, IN, CH, PH, MX) under EB or FB category.
Assigning 7% to each of the 4 countries, upto 86% EB2 visas could still be up for grabs since, every region but IN & CH is current.

Though we have not seen many approvals of EB2 India, and suddenly it is unavailable. At this rate I feel EB2 also may fall into the category of EB3.

 

[techy2468]

tusharvk..............I think the 7% rule applies within each category.....and thats why EB2 is unavailable till start of next year....and maybe they think that there will be none left for spillover........since there may be no spillover from EB1 into EB2(because EB1-india is still retrogressed).

so looks like EB1 also has a strong demand........and EB2 countries are all using up their visas...

 

[indian_gc_ocean]

tusharvk..............I think the 7% rule applies within each category.....and thats why EB2 is unavailable till start of next year....and maybe they think that there will be none left for spillover........since there may be no spillover from EB1 into EB2(because EB1-india is still retrogressed).

so looks like EB1 also has a strong demand........and EB2 countries are all using up their visas...

I agree. Looks like the spill over from row eb2 to India eb2 is not working. If ROW eb2 is really getting over, we should see ROW eb2 as unavailable in the next visa bulletin.

If ROW eb2 is still current next month, there is a problem with our understanding of spill over and also this will be the biggest bottle neck for India eb2 in future.

 

[indian_gc_ocean]

The following is from November 2005 visa bulletin published October 2005.

"During FY-2006, due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

I wouldn't care about where the overflow/spillover goes as it is not for India.

Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.

 

[michael_holding]

i have one question. does that mean that people who's priority dates have been current for a while have been taken into account for the projection for this year? i wonder how they come up with this, if someone who filed 485 say august of last year and PD is current since March this year, is there any chance they will get approval...before October? or its still going to be a wait after October???
any body who has done some searching on this....

All i can say about the EB-2 is WTF.

 

[indian_gc_ocean]

i have one question. does that mean that people who's priority dates have been current for a while have been taken into account for the projection for this year? i wonder how they come up with this, if someone who filed 485 say august of last year and PD is current since March this year, is there any chance they will get approval...before October? or its still going to be a wait after October???
any body who has done some searching on this....

All i can say about the EB-2 is WTF.

If anybody is current and they are taken into consideration they should get their GC before July 31st. This is explained in
http://www.murthy.com/nflash/nf_071706.html

I doubt they have taken current people into consideration. DOS could have said unavailable last month itself but Philly BEC was clearing 2002 cases for the last two months. By announcing this month, I think DOS gave all these people a chance to file their I485 when it is current.

 

[techy2468]

I think EB1-india will not be that badly affected because EB1 for all categories are still current.....unless EB1 other categories are going to use all EB1 visas.....and there is no spill over from any category into EB, even then there will be some movement in EB1-india...since next quarter will bring fresh numbers into EB1 category..

is this right?

 

[michael_holding]

"It also means that those with pending I-485s or consular processing cases cannot move forward to approval after July 31, 2006 until the priority dates become available again for that particular individual or family"

acutally reading this, it means that i am screwed just like everybody else. i thought i might escape, if i don't get approval by July 31 (highly unlikely) i might have to wait till oct-nov.
what bothers me is the statment in the bulletin that people whose 485 are pending after July 31 will get their approvals after October or new year.

i thought this whole visa bulletin projection business takes into account the filed 485 cases with their PD current.

totally unexpected turn of events....might have to look for Plan B, c....

 

[indian_gc_ocean]

Everybody is in the same boat. There will not be any relief to this situation untill DOS stops its retribution act.

Looking into the past stats it was eb3 consumption that was responsible for row eb3 retrogression. IMHO, it is not fair to penalize eb2 and eb1 for that by skipping ac21. Well, what else DOS can do, all it has is the endless retrogression weapon to correct everything.

When DOS thinks that it had given away too many visas to Indians, it should realize that most of those visas went to opportunists and GC mongers (through improper labor subs or companies situated at no man's land) but not to educated, talented, experienced or risk takers for career growth. Only the latter can work towards the betterment of the US economy.

Lets hope that DOS would go back to accommodating AC21 provisions for FY2007 starting October by which time it would have given enough row eb3 visas from row eb1 and row eb2.

 

[ImmForum]

If I am not wrong, excess numbers in the ROW EB-2 will first spill over to ROW EB-3 and since ROW EB-3 is already backlogged so chances of ROW EB-3 getting current toward September 2006 and thereby the excess number spilling over to EB-2 India & China is slim.

 

[indian_gc_ocean]

If I am not wrong, excess numbers in the ROW EB-2 will first spill over to ROW EB-3 and since ROW EB-3 is already backlogged so chances of ROW EB-3 getting current toward September 2006 and thereby the excess number spilling over to EB-2 India & China is slim.

Yes, since DOS is not applying ac21 provisions in FY2006. This is a serious problem for EB2&EB1 India. If ac21 was accommodated in FY2006 excess would have come to India first in the its respective categories before going to ROW. But that is not the case. Now its upto DOS to handle the excess visa distribution.

This thread is discussing the reasons for Indian EB2 going unavailable and the future direction for India EB2.

 

[tusharvk]

But is it at their discretion?
Does this not imply that the EB preference is not relevent Isn't DOS suggesting that ROW EB3 workers have more preference than EB2 (IN & CHI) workers?

Yes, since DOS is not applying ac21 provisions in FY2006. This is a serious problem for EB2&EB1 India. If ac21 was accommodated in FY2006 excess would have come to India first in the its respective categories before going to ROW. But that is not the case. Now its upto DOS to handle the excess visa distribution.

This thread is discussing the reasons for Indian EB2 going unavailable and the future direction for India EB2.

 

[AGC4ME]

How do u know

that there are excess in EB3 and EB2 ROW? What if the 245(i) cases came under ROW EB3 and a few of them in ROW EB2 as well.

 

[indian_gc_ocean]

But is it at their discretion?
Does this not imply that the EB preference is not relevent Isn't DOS suggesting that ROW EB3 workers have more preference than EB2 (IN & CHI) workers?

Well, I mentioned the reason why DOS is doing in some of earlier posts in this thread. As far as DOS is concerned it is not a sudden decision they gave a clear warning October 2005. I would think that we should have taken our case to DOS through our attorneys that time so that some thing would have happened.

Now it is too late and too bad we did not know about this all these days. If I had known I would have planned better. After spending no of years in this process, GC is better but I would consider anything that helps me point to the right direction is also better.

The question is not whether EB2 India/China is better than ROW EB3. How can DOS fix something happened in the past for ROW eb3 under their current framework.--- Retrogression for India eb2/eb1 and not applying ac21 for sometime. Thats the only thing DOS got.

I am not sure ac21 is provision or law. If it is a provision then DOS can accommodate it as they need. I am hoping they would re-apply ac21 in FY2007.

 

[perm_lc]

But is it at their discretion?
Does this not imply that the EB preference is not relevent Isn't DOS suggesting that ROW EB3 workers have more preference than EB2 (IN & CHI) workers?

If DOS spillover unused EB2-ROW visas to EB3-ROW, without allocating to EB2 folks from IN and CH, there is no meaning of "employment preference catagories". It is a serious violation AC21 law. However I doubt it, till we see the actual statistics. If actual statics shows less than 40,000 EB2 visas issued then our doubt will be confirmed. But it will be too late at that point.

What I have more doubt is, DOS has not been allocating unused EB2 numbers to IN, CH quarterly basis. After calculating number of visas unused in first two months, remaining numbers from first two months should have been issued to IN & CH. This did not happened.

 

[indian_gc_ocean]

If DOS spillover unused EB2-ROW visas to EB3-ROW, without allocating to EB2 folks from IN and CH, there is no meaning of "employment preference catagories". It is serious violation AC21 law. However I doubt it, till we see the actual statisctis.

Not sure if AC21 is a permanent law. Like many things, looks like ac21 is a temporary provision in this immigration quagmire. Too bad its happening when we come out from BECs.

We just have to plan our future as per the trends in law. Most of the time these things are difficult to follow thats why we are here in these forums.