Predicted Priority Dates for final quarter of FY2005

Only for Nurses

Yes it looks like that.

But I am hopeful that when the Nurses go from a separate quota, the EB3 PD's for engineers should advance quite a bit.
 
The house document filed on April 21 http://www.govtrack.us/data/us/bills.text/109/h1268.pdf says that "50 percent of such visas shall be made available to those whose immigrant
worker petitions were approved based on schedule A" Hence after recapture obviously other 50% will go elsewhere.
After this Conference report H. Rept. 109-72 was filed on May 3rd. This should be the latest. If you go to thomas.loc.gov, and check out the wording, it is similar to the Sec.502 wording at shusterman - this mentions only about nurses and that too limits to 50k visas for recapture
So either of these scenarios is possible
-The conference commitee killed the spread of benefits to other EB3 applicants. This seems to be the more likely scenario
-The conference report is just making sure that 50k goes to the nurses and others are still free for everyone else according to the house document.

Sandeep
 
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Guys,
No one is taking about anything other than 50K for RN+PTs. Only one sentence from Murthy's bulletin mentions that it'll amended AC21 and unused visas will be distributed to all emplyment categories.(Check 5/6/2005 Bulletin under Retrogression Relief paragraph).
When I first heard about this Bill, it , mentioned 50% of unused visas to RN+PTs. I was hoping for remaining 50% but no one is talking about it. Shusterman's web site is just there to promote his business as he keeps talking about Nurses/PTs/Doctor's but never ever once mentioned about others like Engineers/Computer Professionals.
My two cents.....I'm just frustrated that why no one is talking "Clearly" about other categories and what impact it would have on them.
 
bapunagar said:
Guys,
No one is taking about anything other than 50K for RN+PTs. Only one sentence from Murthy's bulletin mentions that it'll amended AC21 and unused visas will be distributed to all emplyment categories.(Check 5/6/2005 Bulletin under Retrogression Relief paragraph).
When I first heard about this Bill, it , mentioned 50% of unused visas to RN+PTs. I was hoping for remaining 50% but no one is talking about it. Shusterman's web site is just there to promote his business as he keeps talking about Nurses/PTs/Doctor's but never ever once mentioned about others like Engineers/Computer Professionals.
My two cents.....I'm just frustrated that why no one is talking "Clearly" about other categories and what impact it would have on them.
Click to expand...



http://www.murthy.com/news/n_bilmay.html


for defense, the global war on terror, and tsunami relief, has been passed in different versions by both the U.S. House of Representatives and the U.S. Senate. However, it contains some important immigration provisions. The House and Senate announced on May 3, 2005 that they have reached an agreement on the final wording of the Bill. This Bill is not yet enacted into law, but it is expected it will be signed by the President and, thereby, finalized into law. If the Bill becomes a law, it will bring both positive and negative immigration consequences.
©MurthyDotCom
Retrogression Relief
©MurthyDotCom
The Bill would amend the provision of AC21 that released certain unused visa numbers to all employment-based categories. AC21 permitted unused employment-based numbers from 1999 and 2000 to be used in employment-based cases in future years. These were numbers from countries that did not use their full allotments of visa numbers for each preference category. The bill would permit unused numbers in 2001, 2002, 2003, and 2004 to also be used in future years. There is a change, however, with respect to how these unused numbers will be allocated. Previously, the unused numbers could be used for any employment-based cases. In the Conference Report for H.R. 1268, the additional employment-based visa numbers are allocated solely to Schedule A cases for nurses and physical therapists. The report only permits the Schedule A cases to receive up to 50,000 total visa numbers under these provisions. This would be quite helpful to employers of nurses and physical therapists, occupations that are in high demand in the U.S.
©MurthyDotCom
 
EB3 regressed 485s will be approved soon!

Folks,

I am one of you affected by the EB3 regression. My papers are in Chennai since Jan and I am here thinking of my 8th year H1 visa extension!

I am following the roller coaster mood swings in this forum! So, I am adding my take to swing this up a bit on this week end!

I went back to look up the original text of AC21 where the original recapture of unused employment visas was done. It does NOT have a sunset date. So, these could be used for the stated purpose until exhausted. No Congressional re-recapture is required! This is supported by the DOSs Jan 05 Notification to use these in the last quarter of Fy 2005. Now, the present Congressional action has reserved 50% of these to visa applicants with Sch A job categorization! This apportionment might hurt a bit but that is just a guess!
(The rest of the stuff relating to AC21 in HR1268 is fluff).

The real crunch is – the 485 processing machinery is geared for a low volume processing for 3 quarters of the time and can it take 3 fold increase in workload for the last quarter? Add to this, the increased workload comes in July & Aug when schools are closed and several parents(employees) are taking time off! So, you have the visa numbers available but fewer workers to work on them!

Here comes the best part! Being as practical as Americans are, they have worked on your regressed cases off the radar and will just stamp approvals once the numbers become available. So, relax and enjoy your week-end.

See, I am heading out to do my India visit shopping!!

Hanuman
 
I think only thing left for us is to just pray and hope. PD has moved ahead by 5 months in last 4 months. I'm hoping atleast that trend continues. What I'm worried about is that these 50K visa applications will be consuming all INS resources as they'll be given FIRST priorities and rest of us will just stay still or continue to retrogress backward. What do you guys think would happens to cases like ours? AILA seems to be just sittinng quite, don't you think so?
 
Not really I think

Hanuman55 said:
Folks,

I am one of you affected by the EB3 regression. My papers are in Chennai since Jan and I am here thinking of my 8th year H1 visa extension!

I am following the roller coaster mood swings in this forum! So, I am adding my take to swing this up a bit on this week end!

I went back to look up the original text of AC21 where the original recapture of unused employment visas was done. It does NOT have a sunset date. So, these could be used for the stated purpose until exhausted. No Congressional re-recapture is required! This is supported by the DOSs Jan 05 Notification to use these in the last quarter of Fy 2005. Now, the present Congressional action has reserved 50% of these to visa applicants with Sch A job categorization! This apportionment might hurt a bit but that is just a guess!
(The rest of the stuff relating to AC21 in HR1268 is fluff).

The real crunch is – the 485 processing machinery is geared for a low volume processing for 3 quarters of the time and can it take 3 fold increase in workload for the last quarter? Add to this, the increased workload comes in July & Aug when schools are closed and several parents(employees) are taking time off! So, you have the visa numbers available but fewer workers to work on them!

--- As per what I have understood 485 machinery might not be taxed that much. It will mostly be the consular process guys who would take the Hit. almost 90% of the RN's/PT's from INDIA take the consular route.


Here comes the best part! Being as practical as Americans are, they have worked on your regressed cases off the radar and will just stamp approvals once the numbers become available. So, relax and enjoy your week-end.

See, I am heading out to do my India visit shopping!!

Hanuman
Click to expand...
 
Favourable interpretation

As per http://www.immigration-law.com/, it states 80k visa from the new law will be available for other categories

05/07/2005: 50,000 Recaptured Employment-Based Visa Numbers for Nurses, Physical Therapists, and Performing Artists Under Schedule A

The $82 billion special spending bill will also allocate upto 50,000 employment-based visa numbers for the Schedule A qualified nurses, physical therapists, and performing artists which have been recaptured from the unused visa numbers during FY 2001, FY 2002, FY 2003, and FY 2004. There was a report that a total of 130,000 could be recaptured and the balance of 80,000 could be available for other EB-based immigrants during the period the visa numbers remain retrogressed under Section 106 of American Competitiveness in the 21st Century Act of 2000. We will post the legislation as soon as the bill is signed by the President as early as next week.

So pendulum swing back in favourable. I have been in different mood swings based on this law . Hope it works out this way.

All keep up your hopes.

All the best

gc_vsc
 
Thanks gc_vsc. It's about the time someone else mentioned differently.
I cross my fingers! Why the f*** in the world Shuterman/Murthy are NOT talking about anything other than RNs and PTs 50K visa? They're so obsessed with Medical Professionals.
 
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To Gc Vsc:

If you would read Section 502 of the Iraq Appropriations Bill which is posted at http://www.shusterman.com you could see that Section 102(d) of the American Competitiveness of the Twenty First Century Act has been "modified" erasing, deleting and removing Employment Based preferences 1, 2, and 3 of Section 203(b) of the Immigration and Nationality Act and "was" changed to and only for Schedule A.

So how can be your "source" tell us that 80,000 would still be available to skilled/ professional/ other/ EB3 workers when this section 106(d) that should provide visa for engineers and others had been "changed" by the committee?

Although the law states that only 50,000 will be given to Schedule A, it did not say that the remaining will be used to other Employment Based visas.

I am sorry to inform you all but I do not think that the 80,000 visas that were left will be given to others who are not schedule A.

So if you would ask me where would they use the remaining 80,000? The million dollar question... It says that Schedule A are not to exceed 50,000 Employment visas well that is based on "one" fiscal year.

So in other words on fiscal year 2006, there would be another 50,000 visas for schedule A and so on for every fiscal year as long as there are still visas available.

Although the good news is that there are still available numbers for EB3 the one that was been posted by DOS which will say that will be "consumed" in the last quarter of the fiscal year that would start on July 1, 2005 from AC21st Act.

Based on my analysis it wil somehow create decongestion on EB3, if nurses and pt's will be out of the line for visas because their priority dates will be current surely the law of supply and demand would take effect and numbers for Eb3 skilled/pro will be moving forward too.

goodluck to all...


dale
 
HR 1268 Public Print.

Here is the cut & paste from 'public print' version of HR 1268:

RECAPTURE OF VISAS

SEC. 7007. Section 106(d)(2)(A) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1), by inserting before the period at the end of the second sentence `and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to employment-based immigrants, and the dependents of such immigrants, and 50 percent of such visas shall be made available to those whose immigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor'; and

(2) in paragraph (2)(A), by striking `and 2000' and inserting `through 2004'.
----------------------------------------------------------------------

Here is the original text of the AC21:

(d) Recapture <<NOTE: 8 USC 1153 note.>> of Unused Employment-Based
Immigrant Visas.--
(1) In general.--Notwithstanding any other provision of law,
the number of employment-based visas (as defined in paragraph
(3)) made available for a fiscal year (beginning with fiscal
year 2001) shall be increased by the number described in
paragraph (2). Visas made available under this subsection shall
only be available in a fiscal year to employment-based
immigrants under paragraph (1), (2), or (3) of section 203(b) of
the Immigration and Nationality Act.
(2) Number available.--
(A) In general.--Subject to subparagraph (B), the
number described in this paragraph is the difference
between the number of employment-based visas that were
made available in fiscal years 1999 and 2000 and the
number of such visas that were actually used in such
fiscal years.
(B) Reduction.--The number described in subparagraph
(A) shall be reduced, for each fiscal year after fiscal
year 2001, by the cumulative number of immigrant visas
actually used under paragraph (1) for previous fiscal
years.
(C) Construction.--Nothing in this paragraph shall
be construed as affecting the application of section
201(c)(3)(C) of the Immigration and Nationality Act (8
U.S.C. 1151(c)(3)(C)).
(3) Employment-based visas defined.--For purposes of this
subsection, the term ``employment-based visa'' means an
immigrant visa which is issued pursuant to the numerical
limitation under section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)).

---------------------------------------------------------------------

So, I stand by my 'No re-recapture' congressional action was recaptured as correctly indicated by DOS Visa bulletin of Jan 05 and the current congressional action, if signe into law, would apportion 50% to Sch A jobs.

Hanuman
 
For Hannuman: NO VISAS FOR OTHER EB3 WORKERS in the Iraqi Bill

Before anything else where oh where is the 50% that you were talking about that would be for Schedule A in the law? Where? When it clearly states that IT IS SOLELY for Schedule A...

There is actually a big difference in what you refer in the visa numbers that were available in the DOS statement last January 2005 and the one that I am talking about in the Iraqi Bill.

The DOS is correct that there are still visas available from AC21 which they say approximately 101,000 Employment Based Immigrant Visas will be available in the last quarter of the fiscal year but let me remind you these 101,000 visa numbers were recaptured in the years 1999 and 2000. I think these numbers would still be available to all Employment Based applicants. You are correct though on the last quarter of the fiscal year 2005 which would start on July 1 to September 30 that there will be more visas available.

The one that I am talking about in the Iraqi Bill are the visa numbers that were recaptured during the years 2001, 2002, 2003, and 2004 which are 130,000 and solely dedicated to Schdule A. You see the difference in the years that recaptured the visas? (101,000 from 1999-2000 for all Employment Based and 130,000 from 2001, 2002, 2003 and 2004 for schedule A only)

You have the copy of the original text of AC21 it states in the SECOND SENTENCE (Visas made available under this subsection shall only be available to employment based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationalit Act.

BUT look at the copy of Section 502 of the Iraq Appropriations Bill...

in paragraph 1 by inserting before the period at the end of the second sentence... this would appear this way...

SECOND SENTENCE OF THE AC21

Visas made available under this subsection shall only be available to employment based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationalit Act(inserting before the period)(.this is where the period is located before)--- and any such visas that were made available in FISCAL YEAR 2001, 2002, 2003 or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to employment based immigrants....whose immigrant visas petitions were approved based on Schedule A.....(this is the period now.)

The law is very simple I hope all of you understand it that the visas that were recaptured on years 2001, 2002, 2003 and 2004 are solely and only for Schedule A...

Another thing Schedule A is based on Employment Based Immigrant petitions...so if you enter U.S. as a skilled/ professional worker even you are working as a nurse or p.t. but not under Schedule A on your I-140 you would not get the benefits...


xxxXXXdaleXXXxxx
 
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HR 1268 Public Print.

Dale,

Where do you expect the other 50% from this to go, other than to employment based:

Again from HR 1268

'(1) in paragraph (1), by inserting before the period at the end of the second sentence `and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available

only to employment-based immigrants, and the dependents of such immigrants,

and 50 percent of such visas shall be made available to those whose immigrant worker petitions were approved based on schedule A,

as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor'; and

(2) in paragraph (2)(A), by striking `and 2000' and inserting `through 2004'.


As I could not highlight the employment and 50% stuff, so I have made them into separate lines above. Again this is from HR 1268 Public Print.

Hanuman
 
For Hanuman:

I think what you are saying is the Public version of the SENATE which allocates 50% to Schedule A and the remaining to what is left on the EB3...

Haven't you heard the news that the differences were resolved by the Joint and Senate Conference Committee? What came up to the agreement of the Joint Conference was the visas that were recaptured from years 2001, 2002, 2003 and 2004 are only for Schdule A. The House has passed this bill together with the real I.D. act...

Now this Iraqi bill which carries 50,000 Employment Based visas per year and for Schedule A only will go the the Senate today to have its vote.

Since it already went to the Joint Conference committe...meaning all sides have been heard and all differences have been settled...the senate is 100% going to vote YES on this bill and amendments...

After the senate voted on it, it will be forwarded to the President for his signature for it to become a law. After that the Department of State Director together with the Director of USCIS will issue PROCEDURES and memos to service centers and consular posts on how to handle cases for Schedule A. It has been said by a reliable source of mine that a new category for Schedule A will be created in the July visa bulletin which is expected to be released this mid-June...

And by the way I am not on Schedule A...
 
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Still_dale:
I've accepted the fact that there is nothing for us in this bill. My hope keeps going up and down though my PD is not that much far away from current PD of June 2002. Your senetence below gives me some hope. Please verify that these 101,000 would still be able to apply to EB3 categories which are retrogressed. And any intelligent guess about forward movement would be appreciated as I do not understand this law much.
======================================================

The DOS is correct that there are still visas available from AC21 which they say approximately 101,000 Employment Based Immigrant Visas will be available in the last quarter of the fiscal year but let me remind you these 101,000 visa numbers were recaptured in the years 1999 and 2000. I think these numbers would still be available to all Employment Based applicants. You are correct though on the last quarter of the fiscal year 2005 which would start on July 1 to September 30 that there will be more visas available.
 
Fuzzy Math Recapture.

Here is the link to Immigration Statistics:

http://uscis.gov/graphics/shared/statistics/index.htm

Here are the numbers I culled out from that site:

Employment based IV issued in

2000 - 107024 (33k recaptured & went into the 130K pool?)
2001 - 179195 (130k recaptured minus 49195 say balance 81k)
2002 - 174968 (81k minus 34968 say balance 46k)
2003 - 82137 (58K to recapture)

2004 is your guess!!

So, where is the unused visa to recapture for 2001 & 2002? Does that mean 2004 has 96K to offer to make the 130K some folks are talking about??

Also from where is DOS getting the number of 101K available for use in the last quarter of 2005!!!

Have fun!

Hanuman
 
Dear Hanumann:


FUZZY MATH HUH? hehe...
LESSON NO. 1 ---Always remember that mastery of math and statistics is not the only solution to the problem...IT IS ALSO MASTERY OF THE LAW because visa numbers were based on the law...

LESSON NO. 2 --- Research is always best.
Did you really study, analyze, fully and truly understand the American Comepetitiveness in the Twenty First Century Act of 2000? Ok this is the link from AILA (American Immigration Lawyers' Association) a section by section analysis of the AC21 Act of 2000.

http://www.immigrationlinks.com/news/news556.htm

Pay attention to Section 102(a) of the AC21...it increases the cap for fiscal years 2001 through 2003 to 195,000...get it ? It increases the worldwide limit of 140,000 to 195,000...

Ok i will give you the floor to compute the numbers anyway you are good in computing, researching but not in understanding the law... I assume from the link that you gave me you referred on Table 4...right? from years 1994 to 2003...

By the way I also want you to download the Immigration and Nationality Act Sections 201, 202 and 203 to better understand the mechanisms of visas... it is also located from the USCIS website. If you have time please go to the murthy forum under the category of nurses...I have written a lot of articles under the name DALE there and still_dale...

I want you to pay more attention to Section 202 of INA-- Numerical Limitation to any single foreign state...Section (a) Paragraph no. (3) entitled---Excemption if additional visas are available...

Because that is the law that states even we reached our 7% cap limit we will be still receiving visas if additional visas are still available at the last quarter of any fiscal year in which would start at july 1, 2005 and end at sept 30, 2005 also lifting the 27% ban on visa distribution and ban on eb preferences. It is published at murty.com from the Press Statement Released by the Department of State.

Hey by the way I am not promoting any website...I was actually BANNED from murthy.com

To better understand this, if there are visas from EB1 or EB2 that were not used it will go to EB3 which has more demand...if there are visas available from other countries it will go to capped countries like the india, china and phil... here's one more thing...
if there are available visas from FAMILY BASED PREFERENCES which the DOS says that 7k will be available it will be given...

plus the numbers that were recaptured from AC21 which has 101,000

LESSON NO. 3 --- Believe what the Department of State has to say...
Always remember that you are not the U.S. president, senator, congressman or a U.S. citizen and has no rights whatsoever to demand how the heck did they came from that numbers or from where did they get to arrive at that computation. How they distribute visas are based on their policies and laws...and not yours or your country's...

Visas are also recaptured if they are used with fraud or if the applicant cannot go to the U.S. because the consulate has denied his/her application so it also adds up to the equation...

LESSON NO. 4 --- WAIT AND SEE
The best thing to do is learn, wait and anticipate...be prepared for the worst...Always have a plan B... I am sorry but you think that everything will be ok in a few months and you can do your shopping and relax...but you know in a flick of a coin everything will change coz you know S**T HAPPENS all the time...

goodluck...
still so cool
xxxDALExxx
 
Dear Bapunagar:

I still believe based on my comprehensive research for 5 months on retrogression and visa numbers movement and allocation, statistics and mathematical analyis, research on the U.S. laws...I firmly believe that the July 2005 Visa Bulletin which will be published around mid-June would have a BIG LEAP...

My answer on this is because the 27% limit is lifted so visas that were left will be consumed, the per country cap of 7% is lifted, Schedule A would be going out of the line, 7,000 from family based will be given, 101,000 available for use from AC21... There will be alot of visas for all of you guys....

goodluck to all...
XXXdaleXXX
 
I think i gave this summary abt 3 months back
i concur with still_dale research
according to the law

LEft over visas from other categories flow to high demand categories in last quarter
27% rule goes away in last quarter
Country quota wont be there
and the AC 21 captured visas will be available
this is my theory but DOS might have some thing else
thats why i hv decided to wait and watch

What im hoping is in June bulleting (to be published in few days) they will give some advance guidance as to whats coming it will be nice if they do that
lets hope they do
good luck all

/S
 
Still_Dale,
Thanks for your analysis. I agree, best approach is to wait and watch. Also hope for the best but prepare for the worst. Man! I must be the dummest on the board when it comes to law, but fortunate to have the members like you! Thanks.
 
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