May Visa Bulletin

bijuria11

Registered Users (C)
so april has started and so has the monthly guessing game for the month of May. (i turn 19 on the 19th, yay!) but, september is just 5 months away, and at the end of the year we get jumps. so wht do u guys think the dates will b this time around?
 
so april has started and so has the monthly guessing game for the month of May. (i turn 19 on the 19th, yay!) but, september is just 5 months away, and at the end of the year we get jumps. so wht do u guys think the dates will b this time around?

Similar trend like earlier month.
 
Someone mentioned in other thread that there won't be any movement till October which sounds almost certain. Enjoy the summer with your family :)
 
Yeah do something fun this summer. Go and visit places, take vacation. Enjoy...these days when they are extending H1s beyond 6 years it is as good as having EAD. If you are making less at the current job, learn some skills, get MBA or something....you will get better jobs.

Stay cool in hot weather and take it easy

:)
 
They're waiting for all the labors to clear from the backlog center before moving the date. So no movement until October or whenever the BECs are cleared out, whichever comes later. Unless they implement the ban on labor substitution.
 
Labor subs ...

Guys and Gals,

I believe the ruling committe gets a maximum of 90 days to either reject or approve a new law. The labor sub ban rule is approaching 90 days and nothing has been said yet. I really hope that it becomes law soon. I know that it will hurt in the short term but this labor sub provision has been exploited so much that it needs to be terminated.

cheers,

saras
 
I think it will automatically become law, if no one comments or make changes in proposed bill.


correct me if i am wrong..
 
UN,
You should not say things so explicitly. People looking at visa bulletins need to kill time; you are taking the whole discussion away....:p :p

Placing some hope of priority date movement to labor substitution is misguided.

As long as there is more people in pipeline (ie., 140's) then greencards which can be approved per quarter (35,000) then there is per country ceiling.

Dates do not move until eb3 world gets current. Under current system; spillovers from eb1, eb2 do not happen until fourth quarter of fiscal year. There would be movement at that point if any.

As long as there is more people going for greencard then row person in eb3 filing a labor today gets priority over the 2801 person from india/china no matter what the indian/chines person's priority date is.

I thought everyone would have understood this by now.
 
Placing some hope of priority date movement to labor substitution is misguided.

As long as there is more people in pipeline (ie., 140's) then greencards which can be approved per quarter (35,000) then there is per country ceiling.
You have to account for their priority dates. If the banning of labor substitution gets rid of nearly all the pre-2003 labors, a million approved labors coming out of the BECs with PDs of 2003 and later cannot cause the cutoff dates to be held back in 2001 and 2002.

My theory is that the majority of labors with PD of 2002 and before are for substitution. Get rid of the labor subbing and the dates should move (although maybe not by much).
 
If there is only 140,000 greencards but there is 500,000 non immigrants who need a greencard; it doesn't matter in the current law of how they calculate priority dates, spillover, etc, whether they ban labor substitution or not. There is just too many people going for the greencard in relationship to the numbers available. Country quota and the speed of perm labor approvals is killing the people from severely retrogressed countries. If people think banning labor substitution is going to all of a sudden jump the dates going forward; they are severely, severely mistaken.
I am not talking about jumping forward by 4 years or anything like that. Just a movement of a few months. Get rid of the labor subbing, and EB3 India can move into early 2002 with EB3 ROW moving to early 2003 (not in one shot, but gradually over 5-6 months). It'll probably get stuck there again for some time, but the movement of a few months is meaningful for many people.

As far as the 140,000 vs. 500,000 is concerned... my point is that a big chunk of the 500,000 aren't real people still waiting. If (big IF) the real number of people waiting is 350,000 because 150,000 are just labors with nobody attached to them anymore, getting rid of that 150,000 makes a real difference.
 
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I agree that preventing labor subs would not help countries with country quotas, as far as the movement is concerned. However, it would certainly help people who are current for many months. Example India EB2, not many approved this year ('07) from India EB2 with 2002 PDs as USCIS was clearing 2001PDs this year until now as a way to clear old PDs first. But lately lot of guys noticed this and they are using this as a way to beat the system by going in with priority date older than USCIS current processing. USCIS does not want people with older priority dates hanging around long time as that disrupts their movement strategy. In this sense, ban on Labor Substitution would help people who are current when working with limited number of visas.
 
Labor Subs

Even if they ban on the Labor Substitution, it will take effect on the future applications. They cannot reject the 1-140/485 with labor subs that are already in process. However, this will benefit in future once the PD crosses 2003/2004.

So we cannot assume that the PD will move forward if labor subs is banned.
 
Even if they ban on the Labor Substitution, it will take effect on the future applications. They cannot reject the 1-140/485 with labor subs that are already in process. However, this will benefit in future once the PD crosses 2003/2004.

So we cannot assume that the PD will move forward if labor subs is banned.

If they ban LC subs, I140 which are being processed and used sibstituted LC will be rejected, immediately, in case if decesion is not made regarding those I140. I do not know about I485.
 
Update from immigration-law

04/03/2007: Backlog Labor Certification Elimination Within Six Months

DOL has announced that it will eliminate all the backlog cases within six months. Assumedly a substantial number of TR cases in the backlog inventory must have shifted to the supposedly short-cut processes of RIR by now as the DOL shut down the door for the hold harmless cases on April 1, 2007. There will occur massive recruitment actvities by the remaining TR employers from April through May under the supervision of the BEC offices. DOL has reported that their plan to eliminate all the backlog cases by the end of September 2007 has been moving along smoothly and they will be able to complete the mission as scheduled. One time, the backlog elimination jobs were considered a "mission impossible" or a long journey, but eventually it is heading for winding up. As saying goes, "time tells." Soon, all the agonies and pains of waiting for BEC cases will be gone and disappeared into a history. From October 1, 2007, there will be only one type of permanent labor certification application which is currently called "PERM." No more TR, no more RIR, no more Special Handling, no more BEC. Considering the fact that the PERM program has been working successfully, it apepars that the DOL's reengineering plan and strategy which were conceived under the Five-Year Strategic Plan of the DOL turn out to be a successful venture. The former and current leaders of the DFLC deserve a big "hats-off." There are a few notable names in the DOL involved in either development of the strategic plan or implementation of the plan. Old timers in the immigration law practice are very familiar with their faces through various AILA conferences over the years. We wish them well.

As DOL is poised to release the final rule eliminating substitution of labor certification beneficiaries, most of these remaining TR cases may end up in a trash can if the original alien beneficiary is no longer available for whatever reasons and unless the applications have been amended to change the alien beneficiaries.
 
Even if they ban on the Labor Substitution, it will take effect on the future applications. They cannot reject the 1-140/485 with labor subs that are already in process. However, this will benefit in future once the PD crosses 2003/2004.
If a labor with an old PD is approved by the BEC, it becomes useless for labor substitution once the ban goes into effect. Only those already approved for substituting when the ban takes effect will stay alive. Or they'll have to use the labor for the original person.
 
so april has started and so has the monthly guessing game for the month of May. (i turn 19 on the 19th, yay!) but, september is just 5 months away, and at the end of the year we get jumps. so wht do u guys think the dates will b this time around?

BIJURIA: It seems as if the White House wants to throw water in your fire, by proposing that family based should be eliminated...F1, F2B, F3 and F4. therefore if they did have their way you will be out...but that idea isn't going to fly from members in their party and the democrats.

I would like anyone on this forum who have seen the white house proposal to correct me if I am wrong......do you think this is a good idea......I think it is outrageous.
 
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BIJURIA: It seems as if the White House wants to throw water in your fire, by proposing that family based should be eliminated...F1, F2B, F3 and F4. therefore if they did have their way you will be out...but that idea isn't going to fly from members in their party and the democrats.

I would like anyone on this forum who have seen the white house proposal to correct me if I am wrong......do you think this is a good idea......I think it is outrageous.
I read the proposal. They aren't talking about eliminating family-based green cards altogether -- only certain categories like siblings and parents. I think it's a great idea as long as the reduction of family-based green cards are directed towards increasing employment-based ones. Once you get a green card or citizenship, do you want the next wave of immigrants to be allowed in because of who they're related to, or because or how they're expected to contribute to the economy?
 
Family based ...

I read the proposal. They aren't talking about eliminating family-based green cards altogether -- only certain categories like siblings and parents. I think it's a great idea as long as the reduction of family-based green cards are directed towards increasing employment-based ones. Once you get a green card or citizenship, do you want the next wave of immigrants to be allowed in because of who they're related to, or because or how they're expected to contribute to the economy?

Although we are currently in the EB category and find ourselves stuck, it would be foolish to agree with every proposal that improves employment based visas. I feel that the family based visa system is justified and needs to be in place. How can a country grant citizenship and not even have a provision for the citizens parents to atleast apply for the GC? They can go ahead and make it more selective and stuff but doing away with major family categories like parents and siblings is a bad idea in the long term. Imagine what we would feel if one day we become US citizens and do not even have a chance to sponsor our parents. Extreme measures in any category is never a good idea because ultimately there is a trickle down effect and the same measures can come back to haunt all of us in different ways.

cheers,

saras
 
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