Predicted Priority Dates for final quarter of FY2005

r_sada said:
its less cases in consulate but the AOS rush might be significant as all those poeple who have not been able to file for 485 will do it asap
actually with the PD situation i think the CP route takers will almost become non existent

/s

Sada,
You r right... But they will not issue immigrant visa till the pd become current...even it is AOS OR CP.If you Go through AOS route they will get EAD but it will take months for them to them to get the GC (immigrant visa).In that Case i am wondering how AOS people will consume all the immigrant visa??? :confused:
 
Does anybody know about this:

http://www.visalaw.com/05may4/3may405.html

Under "TITLE VI – Family Unity and Backlog Reduction" it says:

* mployment preference numbers are reallocated as follows:

- EB-1 numbers are decreased from 28.6% to 20% of worldwide EB numbers

- EB-2 numbers are decreased from 28.6% to 20% of worldwide EB numbers

- EB-3 numbers are increased from 28.6% and 35% of worldwide EB numbers (this category now only includes skilled and professional workers)

- EB-4 (which now includes only immigrant investors (who were formerly in the EB-5 category)) is reduced from 7.1% to 5%.

- EB-5 (which now includes “other workers” formerly in the EB-3 category) is limited to 30% of worldwide numbers plus visas not used in the first four preference categories.

* The former EB-4 category for special immigrants (including religious workers) is repealed. Note, however, that the categories of people in this category can still petition outside of the capped EB categories (i.e. petitions can be filed without a limit). The main users of EB-4s are religious workers who have generally used up less than 3,000 green cards a year, well under the 10,000 cap.

====

This was a mccain proposal. Anybody knows any updates on this?


Subhash
 
appan said:
Sada,
You r right... But they will not issue immigrant visa till the pd become current...even it is AOS OR CP.If you Go through AOS route they will get EAD but it will take months for them to them to get the GC (immigrant visa).In that Case i am wondering how AOS people will consume all the immigrant visa??? :confused:

Appan

One of the reasons why filing of I485 eats up the Visa number quota is because When you file for AOS there is an Alien # assigned to your case at the time of Case reciept. (USCIS issues A# to each applicant). Even though such cases with PD prior to June2002 may not move forward due to retrogression, but they already ate the Visa numbers when PD was currend prior to 31Dec2004.

And like what r_sada is mentioning the moment your PD is current, if you are on AOS route, you would get a Visa number, but in CP you will get that ONLY once your Consulate request back to DOS while scheduling your interview. Thats why CPrs would be worst affected by slow movement. But on the other hand , the benefit obvious in the Process is getting interviewed within 1-2 months and getting your IV.

just my 2 cents
 
Bhasu said:
Appan

One of the reasons why filing of I485 eats up the Visa number quota is because When you file for AOS there is an Alien # assigned to your case at the time of Case reciept. (USCIS issues A# to each applicant). Even though such cases with PD prior to June2002 may not move forward due to retrogression, but they already ate the Visa numbers when PD was currend prior to 31Dec2004.

And like what r_sada is mentioning the moment your PD is current, if you are on AOS route, you would get a Visa number, but in CP you will get that ONLY once your Consulate request back to DOS while scheduling your interview. Thats why CPrs would be worst affected by slow movement. But on the other hand , the benefit obvious in the Process is getting interviewed within 1-2 months and getting your IV.


just my 2 cents

Basu, In immingration.com some of the AOS guys mentioned that they did'nt get the visa number eventhough there 485 is approved... UNCIS says the visa number not available.His PD is 16 th JUNE 2002.Do you know any AOS guy who got the got the gc whose PD is < JUNE 2002?
 
Bhasu said:
Appan

One of the reasons why filing of I485 eats up the Visa number quota is because When you file for AOS there is an Alien # assigned to your case at the time of Case reciept. (USCIS issues A# to each applicant). Even though such cases with PD prior to June2002 may not move forward due to retrogression, but they already ate the Visa numbers when PD was currend prior to 31Dec2004.

Alien number is different from visa number. Alien number is issued to any one who gets an EAD. Even F1 people have A#.
On the other hand visa number is requested just before the approval. Once the visa numbe is issued case is approved.
 
flawed logic

still_date - your logic is accurate as per your understanding of the law..

but the uscis is not following your understanding of the law.. they have already clarified the visa allocation for each quarter was based on 245000 instead of 140000.. which means as you reach the last quarter there are not too many visa left .. hence the chance of further retrogression. refer shusterman.com update today..

unless there is a change in law i think we are going to retrogress backward and then remain stuck there till all the backlogs with earlier priority dates are cleared.. To me this sounds the most likely scenario.
 
Shusterman has once again made a dent in our hopes.. It looks like we are going from bad to worse situation.. If what he indicates comes true then be ready for the very gloomy days ahead. Man.. this retrogression has turned out to be real nightmare in our lives..
 
That means the PD will not move forward in the comming months... People has to wait years to get the GC :mad: :mad:
 
I have seen many time shutterman.co predicted right. I think we are doomed for ever.

Boss, we have to something to get out of this nightmare. Atleast in new bill should take care of this.

This is very, very bad luck.

I am stuck in Labor process and my stuck in 485 retro.. Really we are in big bad luck.
 
retrogression

i wish there would have been some good news to share.. but does not appear like anything good is hovering on the horizon..

A couple of questions:

what about medical test.. what is its validity period.. because of eb3 retrogression does it have to be taken again?

what about fingerprinting ? what is its validity period?
 
I think FP 18 months and Medical 1 year. I think, wait for experts.

I do not how amy times we have to give FP and Medical before 485 aproval.
 
Any info on which countries are using up the visas.

When the PIC countries are in retro in EB3, any info on who is using up the visas? Or is it that the trickle down from EB1 to EB2 to EB3 is being soaked up by EB2? If they were really using this for EB2 of say India, we would have been seeing screaming headlines in dozens on this forum!

Damn the GC (for awhile atleast), Celebrate Yates Memo, get your 3rd 3-year H1B, enjoy your long week-end!!

Hanuman


sam74 said:
Shusterman has once again made a dent in our hopes.. It looks like we are going from bad to worse situation.. If what he indicates comes true then be ready for the very gloomy days ahead. Man.. this retrogression has turned out to be real nightmare in our lives..
 
Hanuman55 said:
When the PIC countries are in retro in EB3, any info on who is using up the visas? Or is it that the trickle down from EB1 to EB2 to EB3 is being soaked up by EB2? If they were really using this for EB2 of say India, we would have been seeing screaming headlines in dozens on this forum!

Damn the GC (for awhile atleast), Celebrate Yates Memo, get your 3rd 3-year H1B, enjoy your long week-end!!

Hanuman

Hunuman:

I agree with you. If there are thousand upon thousands of greencards that were being distributed and approved as claimed by the DOS. WHY? WHY? WHY? WHY? WHY? WHY? no one or at least a hundred participants in this forum are saying "Yehey we have our greencard! So where are they actually?

DALE
 
Shusterman in his "news ticker" states that there are 30,000 EB visas that were used each month. This is a clear violation of the law if the DOS permits the CIS to use 30,000 visas per month. We are still on the month of may and approaching june. So it means we are still in the 3rd quarter of the U.S. fiscal year. The Immigration and Nationality Act states that not more than 27% of the worldwide level of 140,000 can be used for the first three quarters of any given fiscal year. The remaining visas can only be used at the last quarter. 37,800 per quarter divided by three they can only consume 12,600 EB visas per month.

How can be the numbers become unavailabe worldwide if there are more than 134,600 visas available on the last quarter?

I THINK WHAT IS HAPPENING IS THAT THE DOS IS GIVING WAY FOR SCHEDULE A. Starting on June 1, the 50,000 visas should be available for Schedule A applicants from the PIC countries. These numbers are too many so my guess is that the DOS will be shutting down temporarily the EB3 category so that they can process the cases of Schedule A.

In a news alert issued by Hammond Law. He states that the DOS has reallocated its resources before because of retrogression. What resources is he talking about? Resources could be people working at the DOS or NVC that are processing the EB cases. With these thousands of numbers that are available and no personnel to process the papers, the DOS may have thought of a strategy to temporarily shut down EB3 so that the nurses and pt's can enter the U.S.

Any thoughts and analysis???

DALE
 
retrogression

still_dale - you are again talking about 140000.. DOS has already confirmed 27% of 245000 is 66150 for a period of approx 3 months..

which is perfectly in line with what shusterman is claiming...

I WISH YOUR LOGIC WAS RIGHT BUT UNFORTUNATELY IT IS NOT ..
 
USCIS Backlog elimination plan:

USCIS Backlog Elimination Plan submitted to Congress in Mar 05.

This plan submitted by the chief of USCIS, Mr Aguirre envisages processing of 838,706 485 AOS applications for the Fiscal 2005 (and close to a million in FY2006). Pl see the reference provided here: http://uscis.gov/graphics/aboutus/repsstudies/BEPQ4v7.pdf
Similarly, in the previously provided plan Mr Aguirre had envisaged 752,000 for FY2004 (http://uscis.gov/graphics/aboutus/repsstudies/BEPFinal-signed.pdf)

To put these numbers in context, I went back to the YearBook of Stats USCIS publishes:


Here are the numbers for 2003 and 2002:

2003: Total All Immigrants 705,827 AOS 347,416 New Arrivals 358,411
Of the above:
Employment based 82,137 AOS 52,552 New Arrivals 29,585
Not subject to limits 406,393 AOS 251,109 New Arrivals 155,284

(There are other categoriess like Diversity etc which I have not included here for the sake of brevity)

2002: Total All Immigrants 1,063,732 AOS 679,305 New Arrivals 384,427
Of the above:
Employment based 174,968 AOS 134,918 New Arrivals 40,050
Not subject to limits 646,872 AOS 466,901 New Arrivals 179,971

Numbers projected and probably achieved by USCIS for the FY 2004 and 2005 do not look too off the mark compared to 2002 AOS number. FY 2003 is confounding, so I will leave it aside and look at 2005 numbers!

So, we should be seeing 838,000 AOS (485s) approved. Bulk of these would have to come from categories exempt from numerical caps. Numerically capped categories like family (226,000) , employment based (140,000), Diversity (50,000) and others (some 10,000) account for some 430,000. Of these capped categories, AOS could be just about 150,000 (again bulk of it coming from EB). To this if we add the 101,000 or so that was available from the balance of recapture, the AOS number from EB could go to 250,000. The other 588,000 AOS coming from categories exempt from numerical caps.

To believe that USCIS/DOS have achieved this stupendous number of 241,000 EB usage or close to 81% of this number in 8 months is just unbelievable. Such huge approvals would have unleashed a tsunami of approvals on this portal which I have not seen. If this was happenning on a continuous basis for the last 8 months at the rate of 24,000 AOS a month of EB category approvals, DOS would not have probably ventured out in Jan 2005 putting out the somewhat rosier picture of using 101,000 after using the annual EB quota of 140K visas.

I sincerely believe they have no clue about the numbers and are hitting the brakes in panic or some other motive. If anyone seriously questions them, I mean those who are in power like Senators or Congressmen, they can always comeback and say, never mind,nothing would be lost if we do not use beyond the 140K as the recapped ones from 1999 & 2000 would flow over to next year for use! And that they are busy catering to Nurses or whatever!

I appreciate any numbers, stats that you have dug-up that show DOS/USCIS providing us correct or wrong info.
 
c9411010 said:
still_dale - you are again talking about 140000.. DOS has already confirmed 27% of 245000 is 66150 for a period of approx 3 months..

which is perfectly in line with what shusterman is claiming...

I WISH YOUR LOGIC WAS RIGHT BUT UNFORTUNATELY IT IS NOT ..

I do not speak about "LOGIC". I speak about the law in the Immigration and Nationality Act. If you would read the January Visa Bulletin which was the first initial announcement that there was retrogerssion. The DOS confirmed that only 27% of the worldwide level can be used for the first three quarters. If you said that DOS claimed that they have counted 245,000 please provide me the link or your source.

Try to use your common sense on this matter, if there are around 30,000 greencard approvals per month (because DOS claimed these applicants have eaten immigrant visas so i am sure it is greencard approvals --- not just AOS Approvals)...As Hanuman55 specified...there should be thousands on this forum celebrating because they have their greencards.

Service centers are too slow in approving cases.

These visa approvals were like ghosts...So the real question is not about what DOS or USCIS claimed...Were these immigrant visas ever used??? And if so why can't we see them? Where are they???

DALE
 
Hanuman55 said:
I appreciate any numbers, stats that you have dug-up that show DOS/USCIS providing us correct or wrong info.
Hanuman55,
Check out http://uscis.gov/graphics/shared/aboutus/statistics/msrmar05/BENEFIT.HTM
This states that there have been "37,110 I-485 permanent resident adjustments" receipts in Feb'05. Could not locate any data later than this. Interesting thing is the change in the approvals YTD which indicates that in 2004, USCIS had approved 2049874 whereas in 2005 it was 2050209 - not much of a difference. Hence if the DOS claims to be approving faster, it must be after Feb '05
Also As of Sept '02 there were 966,472 I-485 pending cases as per http://uscis.gov/graphics/shared/statistics/publications/msrsep02/BENEFIT.HTM Question is how many of these are EB3 of PIC having P.D. before June'02. As of Sept '03 there were 1,238,371 and in Jan '05 it was 1,114,144 pending 485s

Sandeep
 
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check this on americanvisa.com

I saw the following at http://www.americanvisas.com/chroni...DepartmentState

(3) Was the visa cut-off for purposes of computing the 27% demand value under INA 202(a)(2) based on the statutory 140,000 (per INA 201(d)(1)(A) or on the total available under paras. 1-5 of INA 202(b)? If the latter, shouldn't this include the temporary AC21 "pool" visas and thus should equal 241,000? If the former, why?
VO: Calculations were based on the total amount of numbers available during FY-2005, which are estimated to be approximately 247,000, including the remaining AC21 numbers. Per AC21 approximately 131,000 numbers were "recaptured" based on unused FY-1999 and FY-2000 Employment-based numbers. During FY-2003 approximately 30,000 were used, and the remaining 101,000 are being utilized during FY-2005. AC21 numbers were not required in the other fiscal years because demand did not exceed the amount of numbers available under the normal annual limit.


and yes you are right i am talking about logic and not the law.. if the above is correct - and i believe it is true - then everything that is being claimed by shusterman and murthy and other experts on EB3 becoming unavailable
soon rings true..

and let me request one thing of you and everyone in this forum who are assuming the 101000 visas would be released in the last quarter.. if the above is right and your interpretation is wrong, how would your conclusions change..

don't want to throw a wet towel but i am convinced that the premise of a 101000 visas being released is not true
 
Guys,

Please allocate your little time to write govt regarding H1 inclusion in H5 bill, EB-3 retrogression and other issues to Senators and Congressman:


Thread discussing new visa, H-5A and H-5B -- New Bill and possible inclusion of H-1B

http://boards.immigrationportal.com/showthread.php?t=174962

----------------------------------------------------------------
Senators/Congressmen sponsoring H5 Bill:
1.Senator McCain

http://mccain.senate.gov/index.cfm?fuseaction=Contact.Home

2.Senator Ted Kennedy

http://www.senate.gov/~kennedy/index_high.html

3.Congressman Luis Gutierrez

http://luisgutierrez.house.gov/feedback.cfm?campaign=luisgutierrez

4.Congressman Jeff Flake

jeff.flake@mail.house.gov

5.Congressman Jim Kolbe -- accepts messages only if you are
from 8th district of Arizona.

http://www.house.gov/kolbe/IMA/issue.htm
----------------------------------------------------------
Immigration subcomm list:

http://judiciary.senate.gov/subcommittees/immigration109.cfm

Search each senator name into google and you will find link of that senator's homepage. Find "contact" link from homepage where you can send email to senator. Most of senator's homepage don't provide email address but there is email form which you can fill and send.

For email format, please check page 2 of this thread.,

http://boards.immigrationportal.com/showthread.php?t=174962&page=2&pp=15


Here is a link which will give you contact of Senator in each state:

http://www.senate.gov/general/contact_information/senators_cfm.cfm


Here is another link from the AILA for congressmen:

http://capwiz.com/aila2/officials/congress/
 
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