gomirage
07-13 11:01 PM
Good luck with your plan. I personally regret that I didn't do this earlier. But it's never too late.
I have two interviews lined up in August for jobs in the Vancouver area. I will move in a heartbeat if the opportunity arises. At this pace bye the time I get american green it will probably be useless for me, because my prime years would be gone. I'm tired of leaving on temporary plans for the rest of my life. Good luck to everybody.
I have two interviews lined up in August for jobs in the Vancouver area. I will move in a heartbeat if the opportunity arises. At this pace bye the time I get american green it will probably be useless for me, because my prime years would be gone. I'm tired of leaving on temporary plans for the rest of my life. Good luck to everybody.
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Legal
07-22 09:38 AM
USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.
BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.
THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!
TIME is REACHED FOR IMMIGRATION REFORM.
vdlrao,
I totally agree with this. They have been trying hard to do the right thing WITHIN THE LIMITS OF CURRENT LAWS and be fair as much as possible.
Do you agree with my statement there are 40k numbers available for EB which should be used up before Sep 30th? 20,000 each in August and September. And I bet that's what they are planning to do. I realize this could be wishful thinking . But everything points to that direction. Correct me if I'm wrong. Thanks.
BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.
THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!
TIME is REACHED FOR IMMIGRATION REFORM.
vdlrao,
I totally agree with this. They have been trying hard to do the right thing WITHIN THE LIMITS OF CURRENT LAWS and be fair as much as possible.
Do you agree with my statement there are 40k numbers available for EB which should be used up before Sep 30th? 20,000 each in August and September. And I bet that's what they are planning to do. I realize this could be wishful thinking . But everything points to that direction. Correct me if I'm wrong. Thanks.
immigrationmatters30
07-16 08:39 PM
ThanksGC for the reply,but what if by the time I apply for labor, I enter 6th year and if assuming labor is approved in 6 months, can I use PD from the previous employer to extend beyond 6th year. I am asking because I was under the impression, I cannot extend my H1 if I file labour in 6th year( it has to happen before I reach 6th year).But in my case I have approved labor with PD before I reach 6th year but from different employer.
In short,Can I apply for one year extention based on my labor PD from different employer even if I file new labor from new employer after entering 6th year.
I-140 IS NOT PORTABLE. PD is portable.
You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.
In short,Can I apply for one year extention based on my labor PD from different employer even if I file new labor from new employer after entering 6th year.
I-140 IS NOT PORTABLE. PD is portable.
You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.
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eastindia
01-14 09:48 AM
I love this thread. Plainspeak is a worthless guy with worthless opinion entertaining all of us with silly thread and responding to everyone. Dude did you get some problem in life and have so much time to write? If you really want something you could have done something till now.
You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?
You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?
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rahulpaper
06-28 05:20 PM
the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Its all theory ...Do you have any explanation why they rejected for the " Other workers" in june period
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Its all theory ...Do you have any explanation why they rejected for the " Other workers" in june period
BharatPremi
12-14 04:30 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.
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gjoe
02-13 04:57 PM
I liked your concept of approaching "fresh law school grads" but...
If we are planning to approach with such a big task which I would think needs lot of experience in the law field and not sure if its worth taking an approach with fresh out of law school grads...I personally feel this experiment of working with fresh law school grads might be risky and I doubt if they even know any in's & out's of USCIS tricks,rules and dramas which they keep changing now & then quite often....
As always experience counts one would choose to see how much experience they have and in this case if we go with these BRAND NEW.. fresh out of law school grads who may or many not have any winning track records might be not worth it I guess..
No one would learn to walk if their parents were afraid they would fall.
The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.
If we are planning to approach with such a big task which I would think needs lot of experience in the law field and not sure if its worth taking an approach with fresh out of law school grads...I personally feel this experiment of working with fresh law school grads might be risky and I doubt if they even know any in's & out's of USCIS tricks,rules and dramas which they keep changing now & then quite often....
As always experience counts one would choose to see how much experience they have and in this case if we go with these BRAND NEW.. fresh out of law school grads who may or many not have any winning track records might be not worth it I guess..
No one would learn to walk if their parents were afraid they would fall.
The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.
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newtoearth
05-03 12:20 AM
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rajsenthil
09-04 12:12 PM
He is a religious fanatic. Nothing to do with corruption. PERIOD.
Yup, it is a religious fanatic. Also it must be an insider.
I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.
_TrueFact, can you post my full name?
Yup, it is a religious fanatic. Also it must be an insider.
I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.
_TrueFact, can you post my full name?
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ardnahc
07-21 05:56 PM
I concur with all the folks in this forum here.
This reminded me of one of my experiences with Amway guys. This dude comes to me in a mall and started off with his usual "Amway - styled" conversation and finally said that he owns a site similar to amazon.com. That is when I realized and stopped him right there and said "We already have amazon.com, why do you want to open a new one?" he was dumb-founded for a sec then he pretended to attend a phone call and stepped away.
This reminded me of one of my experiences with Amway guys. This dude comes to me in a mall and started off with his usual "Amway - styled" conversation and finally said that he owns a site similar to amazon.com. That is when I realized and stopped him right there and said "We already have amazon.com, why do you want to open a new one?" he was dumb-founded for a sec then he pretended to attend a phone call and stepped away.
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eb3retro
07-26 10:39 PM
arkbird, I cant help but LOL on your post. Thank you, you made my day. Good response.
Here is one potential answer...
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
Here is one potential answer...
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
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smuggymba
07-27 01:01 PM
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't have time to spend on quixstar professionals or their business. I don't give a rats arse if quixstar is legal or illegal on H1B.
I just repeated a comment that someone else made. If you know it's legal, that's all that matters. Good luck.
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't have time to spend on quixstar professionals or their business. I don't give a rats arse if quixstar is legal or illegal on H1B.
I just repeated a comment that someone else made. If you know it's legal, that's all that matters. Good luck.
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Wendyzhu77
07-16 06:24 PM
You should know that processing day means NOTHING! If you are after that, it doesn't mean your case will not be processed. If you are before that, it doesn't mean your case has been processed.
So surprised there are still lots of people keeping an eye on processing day. That's totally useless piece of information.
So surprised there are still lots of people keeping an eye on processing day. That's totally useless piece of information.
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BharatPremi
07-26 04:09 PM
I don't think there is any need to love any country, its just a place like any other. Within no time India has been divided into 3 countries (4 if you count Kashmir). The only important thing is to quickly migrate to the place you like most, everything else is a waste of time.
Let me challenge you on the basis of what you wrote here.
1) You wrote: The only important thing is to quickly migrate to the place you
like most, everything else is a waste of time.
Good Enough. No argument.
2) You wrote: I don't think there is any need to love any country, its just a
place like any other.
Here I may not have a problem but Americans will surely have problem.
They want such people from outside countries who are ready to be loyal
to USA and ready to love USA as their future country.
Upon identifying your IP Address and then Physical Address USA can ceratinly decide not to consider you as a candidate of Permanent Residency as you are challenging the base of this constitutional requirement for making you a permanent resident. :D What will you do then if USA gives you thumbs down?:rolleyes: :(
Let me challenge you on the basis of what you wrote here.
1) You wrote: The only important thing is to quickly migrate to the place you
like most, everything else is a waste of time.
Good Enough. No argument.
2) You wrote: I don't think there is any need to love any country, its just a
place like any other.
Here I may not have a problem but Americans will surely have problem.
They want such people from outside countries who are ready to be loyal
to USA and ready to love USA as their future country.
Upon identifying your IP Address and then Physical Address USA can ceratinly decide not to consider you as a candidate of Permanent Residency as you are challenging the base of this constitutional requirement for making you a permanent resident. :D What will you do then if USA gives you thumbs down?:rolleyes: :(
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BharatPremi
07-11 12:42 PM
The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.
Chanduv23,
Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?
Chanduv23,
Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?
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vkrishn
07-28 03:25 AM
Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.
Talk to you about what? Amway?:D Whole point is we don't Amway guys chasing us with your cheesy lines or "brilliant" ideas.. So stop chasing us! Go rope in your relatives or any other insane person.
Why would i want to talk to a Amway guy when i am saying i don;t want to. If one comes to me and talks about Amway and does not understand the word "NO", "I AM NOT INTERESTED" and keeps chasing me he will face the law.
Now if you are a man/women/whatever and if you talk to me about AMWAY be ready to face the music!
Talk to you about what? Amway?:D Whole point is we don't Amway guys chasing us with your cheesy lines or "brilliant" ideas.. So stop chasing us! Go rope in your relatives or any other insane person.
Why would i want to talk to a Amway guy when i am saying i don;t want to. If one comes to me and talks about Amway and does not understand the word "NO", "I AM NOT INTERESTED" and keeps chasing me he will face the law.
Now if you are a man/women/whatever and if you talk to me about AMWAY be ready to face the music!
more...
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Keeme
05-12 03:08 PM
get your facts right first. India is not actively supporting sri lanka. It would be suicidal for india (especially considering nutcases like you that exist) to even think of that again. Sri lanka is using israeli uav's and chinese fighter aircraft and artillery to fight the ltte. In fact, india is at a strategic disadvantage now because we choose not to help sri lanka militarily. And in fact, sri lanka has always suspected india of supporting the ltte. Read about the "string of pearls" geopolitical strategy of china before letting your emotions run crazy.
India rightfully doesn't care about the ltte. Ltte is a terrorist organization. Period. They killed a former prime minister and it doesn't matter if you support the congress party or the bjp. This is beyond politics and concerns the nation. The primary humanitarian issue in the conflict so far has been with mullattivu. As soon as that stage started, shiv shankar menon, the indian foreign secretary went and conveyed india's concerns to the president and other higher officials in colombo. You tell me what india should do. Should we send the ipkf again maybe? Let's get realistic.
Fine, i don't agree with my government all the time. But i don't say i'm ashamed of my country like you did. In this situation, india does not have any control unless we want to go to war with lanka. And the ltte is a terrorist organization declared by the usa. So now genius you tell me,what should we have done.
Awesome. Good for you. India won't miss you either. And i can tell you right now, you are the kind of a person who will not have any loyalties anywhere but to a very small narrow race or culture. You do not understand the definition of a pluarlistic democracy and will never assimilate anywhere. The day the us says something about the lankan conflict or any other conflict which you disagree with you'll bolt to canada. I guarantee that. It doesn't matter to me what you do but don't go around misleading people here by casting aspersions on what india or for that matter any country can do in a complex geopolitical situation. You don't know half of it and you better grow up and admit it.
Fyi, i am not tamilian but i have lived in tamil nadu for more than 10 years and can speak it fluently. Needless to say, i have a lot of tamilian friends and know the culture. I understand the suffering that the sri lankan tamils are going through, especially in the mullattivu region. But we have to understand this is a war which has been going on for decades now. What do you expect to happen in a war? Rave parties?
Anyway hopefully, this will mark the end of the sufferring of both sri lankan tamils and sinhalese from now on. Both sides in that country have gone through enough already.
Also i give a rats a** how long you've been in iv. It's your attitude and narrow minded selfishness which tell the whole story for everybody to see.
well said !!
India rightfully doesn't care about the ltte. Ltte is a terrorist organization. Period. They killed a former prime minister and it doesn't matter if you support the congress party or the bjp. This is beyond politics and concerns the nation. The primary humanitarian issue in the conflict so far has been with mullattivu. As soon as that stage started, shiv shankar menon, the indian foreign secretary went and conveyed india's concerns to the president and other higher officials in colombo. You tell me what india should do. Should we send the ipkf again maybe? Let's get realistic.
Fine, i don't agree with my government all the time. But i don't say i'm ashamed of my country like you did. In this situation, india does not have any control unless we want to go to war with lanka. And the ltte is a terrorist organization declared by the usa. So now genius you tell me,what should we have done.
Awesome. Good for you. India won't miss you either. And i can tell you right now, you are the kind of a person who will not have any loyalties anywhere but to a very small narrow race or culture. You do not understand the definition of a pluarlistic democracy and will never assimilate anywhere. The day the us says something about the lankan conflict or any other conflict which you disagree with you'll bolt to canada. I guarantee that. It doesn't matter to me what you do but don't go around misleading people here by casting aspersions on what india or for that matter any country can do in a complex geopolitical situation. You don't know half of it and you better grow up and admit it.
Fyi, i am not tamilian but i have lived in tamil nadu for more than 10 years and can speak it fluently. Needless to say, i have a lot of tamilian friends and know the culture. I understand the suffering that the sri lankan tamils are going through, especially in the mullattivu region. But we have to understand this is a war which has been going on for decades now. What do you expect to happen in a war? Rave parties?
Anyway hopefully, this will mark the end of the sufferring of both sri lankan tamils and sinhalese from now on. Both sides in that country have gone through enough already.
Also i give a rats a** how long you've been in iv. It's your attitude and narrow minded selfishness which tell the whole story for everybody to see.
well said !!
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grupak
02-15 06:42 PM
I don't know what % of that group consists of H4 spouse of H1 folks. But i believe a good percentage of those applied through the TOEFL,GRE route.
Anyone knows of statistics for F1 visas per country? This might fill in some gaps here. My impression was some countries send more F1s than others.
Anyone knows of statistics for F1 visas per country? This might fill in some gaps here. My impression was some countries send more F1s than others.
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samay
07-28 04:09 PM
Hello All,
I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?
I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.
Hope some one can throw some light on this.I
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?
I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.
Hope some one can throw some light on this.I
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
shukla77
07-29 12:27 PM
I think what Ron is saying does make sense.
ajaypr
06-24 01:24 PM
Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
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