GOOD News !!!!!!!!!!!!!!

suresh maddipatla

Registered Users (C)
Hi Guys ! here are some clips from the state department Visa bulletin for the month of December. The numbers look pretty good. I hope it would help us soon.

Start Here :

Greater availability of Employment-based immigrant visas: On October 17th, the President signed P.L. 106-313. Title I of this law is known as the "American Competitiveness in the Twenty-first Century Act of 2000" and contains amendments to the INA regarding Employment-based immigrant visas.

In fiscal years 1999 and 2000, due in part to the per-country limits, the annual limit for Employment-based immigrant visas was not reached. P.L. 106-313 makes the following changes in an attempt to rectify the situation with regard to per-country limits:

- Section 106 recaptures those Employment-based visa numbers which were available but not used in fiscal years 1999 and 2000, creating a "pool" of approximately 130,000 numbers. These numbers could be made available to applicants in the Employment First, Second, and Third preference categories beginning in fiscal year 2001.

- Section 104 removes the per-country limit in instances where the overall applicant demand for Employment-based visas is less than the numbers available without regard to those limits. This determination will be made quarterly, based on a comparison of the overall demand versus the available numbers. If the total number of available Employment-based visas is greater than the number of qualified applicants who may otherwise be issued such visas (during the same period), the per-country limitations on Employment-based visas will be lifted for the remainder of that quarter.
 
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I thought this is already old news for most people on this board ! I am surprised to see you getting excited now. Anyway, as you said it is good news but now we are all waiting to see how INS implements those things in the real world.
 
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You are right ! but I haven\'t seen exactly how many no of visas left over for 1999 - 2000. I think you didn\'t understand what I mean . one more thing I didn\'t excite even with this numbers , just I wnated to inform it to fellow board members. Don\'t try to criticize somebody . OK. If you already know this thing just ignore it.
 
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Well, so many exclamation marks on the subject of your message told me that you are excited. Thats what those exclamation marks are used for. Anyway, don\'t get mad. If you are excited, don\'t be afraid to say you are excited. If you happened to notice that news late, there is nothing wrong with that. I just posted my comment. That was not to insult you or criticize you. Relax.
 
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Can somebody explain why the 130,000 visa numbers carried over from fiscal years 1999 and 2000 do not get reflected in Dec 2000 visa bulletin posted at http://travel.state.gov/visa_bulletin.html. The current priority dates for India have moved only by a month or two for EB2 and EB3 categories. The year 2001 has already started on Oct 1, 2000.
 
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May be they are planning to move the PDs based on how many GCs are used up each month. Even though they know how many GC applications are with INS, they donot know how many are really going to get a GC. So based on how much is spent each month, PD will be moved forward so that there are always applications waiting in the queue. If they open the PD gates completely again, then they will receive too many applications all at once which will clog up their mail rooms etc. I guess, department of state gets an update everymonth from INS on how much is spent and how much is in queue. Based on that department of state will open the gates to keep filling the queue until the quota is over. Whoever are still in the queue when the quota gets over, will have to wait for next quota to start. Just my 2 cents.
 
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And also if you divide these numbers between India and China... and with the number of applications pending... we may not see a drastic change immediately. But as the time passes.. in about 6months to 1 year we may see some improvemnet...
 
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Careful guys ! Law interpretation is always done according to the convenience of the system (here it is INS). The unused visas 130,000 for yr 1999 and 2000 could also be divided into 130,000 / 10 years and taken 13000 / year for the next 10 years.

The statement reads that "could be made available starting from fiscal year 2001"

Sounds highly pessimistic thought. But who knows !

Can someone say if the above too could be possible!

Just a thought process guys! we all hope it should\'nt happen!
 
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Rajradha,

Firstly, the law enactment requires a report on the unused visas and the allocation of those by the end of first quarter of Fiscal Year 2001 (which began in Oct2000). You mentioned that INS might spread those numbers for 10 years?, with your logic, INS probably ends up with 1.3 million assuming an average 130000 visas go unused per year (the assumption actually held true so far). That is impossible and I feel that you may be reading too much between the lines of the new law. The statement using "Could be made availa....", although legalesse, could only mean IF INS could jump start the pace of adjudications, they can start using up the newly allocated visas by the Department of State. That is of course if a BIG IF because as you INS could only work with the operating budget allocated which is by current workload (according to INS as they always complain) is small.

Guys, the law is mostly clear except for few issues related to change of jobs.

my 2 cents..

BK
 
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