Thursday, June 9, 2011

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  • leonqiu
    03-14 12:06 PM
    Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.





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  • my_gc_wait
    08-10 12:16 PM
    yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
    For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)


    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.





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  • SNLive999
    06-05 05:35 PM
    Hello,

    I live in Massachusetts, Where should I send my EAD application ( Initial EAD, not renewal). My I-485 is pending with Texas Service Center.

    Should I mail the EAD application to the following address:

    Texas Service Center
    P.O Box 851041
    Mesquite, TX

    Thank you for letting me know.





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  • dilber
    07-16 06:24 PM
    How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
    This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.



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  • sirinme
    03-16 02:21 PM
    I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.





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  • bluez25
    08-26 12:16 PM
    Hey all,


    Saw August Visa Bulletin on Mid July.
    Checked the appointments PDF in chennai consulate and did not see appointments for August yet.
    Sent an email to Chennai consulate requesting when will my appointment be as per the new august bulletin and surprisingly they sent a reply saying that I was scheduled for August 11nth.
    Started preparing for the interview. Told my employer and client that I am leaving to India for the interview.
    Got the notarized copy of the employment letter.
    Started on July24th and reached July25th night.
    Got some sleep and went to local police station and applied for the PCC but the local police station asked too many question and gave me hard time.
    Went to Lister Laboratory and took the medicals.
    Went to local police station for atleast 10 times between saturday and Sunday following up but no proper answers
    Got the results from Listor laboratory and went to the Doctor and got the medical report done.
    Got frustrated and went to commissioners office on Monday and came to know that there is a official PCC format request in that office and applied for the same immediately.
    Personally met ACP and explained the situation and he promised me to get the PCC the very next day.
    went directly from the commisioner office to Passport office and applied for the PCC there too since the US consulate in chennai requested the PCC to be given form both passport office and the commissioners office.
    Tuesday Morning got police verification for me and my wife in our homes.
    Tuesday evening went to passport office and collected the PCC stamped in the passports and collected the PCC from them.
    Went to Commissioners office and collected the PCC from there too.
    Wednesday executed the secondary BCC affidavit since my name was not written on the BCC.
    Wednesday took all the documents and went to local VFS office and submitted all the documents and paid courier fees.
    Went to US Consulate on August 11th Morning around 7.30 AM.
    We were let inside and asked to wait in the waiting room for couple hours now.
    We were called around 10.00 AM and an Indian lady verified all the documents and asked for all the originals.
    The original documents requested are BCC, PCC, Offer letter, Affidavit, Marriage photos, marriage invitation,.....
    We told the officer that we have an infant and asked if it will take more time. The officer promised to call as first.
    10.45 AM they called us around 10.45 and took finger printing for me and my wife.
    11.15 AM an American lady officer called us and asked some questions like how long I have been in US, whom do I work for, whats my designation, and asked couple question to my wife.
    Finally congratulated us and said they are issuing the immigration visa to us and that we will get our passports in a week and handed over all the original documents back to us.
    Started from the consulate.
    Started to US on last Thursday.
    Reached on Thursday here at LAX port of entry.
    Asked to wait for an hour.
    took finger printing and asked us to get our baggage and waited in the waiting area.
    One hour from there one officer called and said the passports are stamped and we are all set to go.
    They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.
    Job done.

    Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.



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  • vnsriv
    06-25 03:29 PM
    My suggestion better be in US while your I-485 is in progress or wait till when you both get AP.





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  • gc_dream07
    03-30 10:39 PM
    Enjoy the freedom.

    Good Luck with next endeavor (citizenship I guess!!:))



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  • kate123
    09-24 02:01 PM
    excellent.. if this happens!!!!

    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    OR
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.





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  • rally
    07-13 09:51 AM
    If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard



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  • deba
    12-10 12:40 PM
    I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP. I-140 approved long time back in '06. So, I will be meeting the 180 day rule and I-140 approved criteria in jan/08.
    My H1 expires in 12/08. In case I transfer my H1 to a new co. sometime next year, will I have to restart my GC process again? or will AC-21 kick in and the process will continue as is with me just waiting for GC and PD becoming current etc. Thanks





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  • ssnd03
    01-02 07:18 PM
    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

    Most likely in about two (2) years



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  • indianindian2006
    06-22 06:53 PM
    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D

    Good one......:D





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  • DSLStart
    10-24 01:56 PM
    My ex roomie came on a B1 visa on one way ticket, that too first time US visit. POE officer did ask him about it and he told employer was going to buy return ticket as dates weren't confirmed. They did made sure that he had a credit card. Don't know if same would apply for B2...

    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.



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  • pa_arora
    03-26 04:38 PM
    This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !
    I disagree with u, i think this bill should pass which lets the EB pipeline inflates so much that it explodes.





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  • Leo07
    01-14 01:06 PM
    ...and Good Luck



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  • jsb
    05-07 02:26 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random

    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.





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  • apnair2002
    04-06 07:04 AM
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  • 485Mbe4001
    11-03 06:34 PM
    short answer Nope
    a) because immigration is not high on Obama's agenda.
    b) the economic downturn will be used by the the anti's to thwart any measure to help us
    c) We are still very low on everyone's plate, democrats will want to get the illegals and all will use us as a pawn.
    d) The trend is that the right will become hard right and left will become hard left...wait and watch.
    the guys who will post bad comments, please remember that i had posted something similar when the democrats got majority and we have multiple threads singing the lords praise and showering flowers. It will be politics as usual.
    We need lots of active members to make ONE strong case and keep hammering away at the lawmakers, instead we get a daily dose of self motivated threads which divide the already small group into smaller groups ((petitions, cases, class actions, EB3 Vs EB2, masters Vs 'grand'Masters etc:rolleyes:) .


    Do you guys think this 2008 election will have any impact on the immigration process?





    pa_arora
    03-26 04:38 PM
    This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !
    I disagree with u, i think this bill should pass which lets the EB pipeline inflates so much that it explodes.





    reddog
    04-17 12:00 PM
    My passport expires in 6 months. What is the earliest time before passport expiry can I apply for my Indian passport renewal. How long will it take to process it.

    You can renew your passport 1 year in advance and for less than 6 months after expiry.
    The processing time depends on the consulate you are applying to.
    However, it usually takes under a month to get it processed. Most consulate offices do have the tatkal system, if you need it in a week.

    http://www.cgisf.org/passport/ppts_npp.html



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