aadimanav
12-10 03:37 PM
Source:
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?
At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.
INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
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wellwisher02
03-31 10:46 AM
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.
Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.
We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.
Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.
gc_kaavaali
07-14 11:06 PM
come on guys!!!! contributed atleast $5
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breddy2000
12-10 04:14 PM
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
It clearly states that "IF Section 202(a) were to apply(spillover rule) then the dates move as mentioned above. That means that it did not happen until now...
Question is since the section 202(a) is part of the law , does it state that they need to utilize this section 202(a) quarterly or at USCIS/DOS own descretion.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
It clearly states that "IF Section 202(a) were to apply(spillover rule) then the dates move as mentioned above. That means that it did not happen until now...
Question is since the section 202(a) is part of the law , does it state that they need to utilize this section 202(a) quarterly or at USCIS/DOS own descretion.
more...
Googler
04-30 03:28 PM
Taking a break at work so decided to listen in. Aytes said something astonishing a little bit ago -- the FIFO was a great idea but under present circumstances it is not...something about very early PD applications may take longer...
This is an outrageous statement and he deserves to be berated and grilled about it. I hope IV core is paying attention and will bring this to Lofgren's attention.
I hope a full transcript will be made available. There should be a point by point response to all their BS.
This is an outrageous statement and he deserves to be berated and grilled about it. I hope IV core is paying attention and will bring this to Lofgren's attention.
I hope a full transcript will be made available. There should be a point by point response to all their BS.
sampath
04-25 01:38 PM
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
more...
ind_game
05-14 03:55 PM
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
Not sure how the GUI interface for USCIS looks like.........atleast there would be a history of updates for each petition like received, approved, revoked along with dates and notes, just like we do updates to our threads in this forum..........I mean that is bare minimum
But my online status of I-140 still says this........Not that I have to rely on this.......
__________________________________________________ ________________________
Receipt Number: LINXXXXXXXXXXX
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On September 4, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
__________________________________________________ ________________________
Good luck.
Not sure how the GUI interface for USCIS looks like.........atleast there would be a history of updates for each petition like received, approved, revoked along with dates and notes, just like we do updates to our threads in this forum..........I mean that is bare minimum
But my online status of I-140 still says this........Not that I have to rely on this.......
__________________________________________________ ________________________
Receipt Number: LINXXXXXXXXXXX
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Approval notice sent.
On September 4, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
__________________________________________________ ________________________
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santb1975
05-28 09:52 AM
we are losing momentum. Aren't we?
more...
badluck
07-06 01:05 PM
Thats what he is saying.. he is an expensive lawyer...
and about crap---who the hell are you to decide... if you dont like then just ignore the post...
and about crap---who the hell are you to decide... if you dont like then just ignore the post...
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rockstart
06-25 08:25 AM
This is what I think America loses due to delay in green card process. I can say this from my own experience. People with advanced degrees in Science and Technology have to keep doing same job to maintain status for 8 - 10 years since changing job / company reset's their GC process. When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business). But the most fortune 100 companies do not sponsor H1B or GC (Example Raytheon, Toyota, Lexmark .... based on my personal experience as electrical engineer) so you end up compromising with career to maintain status and work for companies that sponsor H1B ( future career prospects take a backseat). Then after 8 - 10 years when you get GC you already are married and possibly kids to look after you are already burnt out and want to keep working in the same desk/ clerical job that you have been doing for so many years. So its a lose lose situation to all neither government gains from the GC (by which they hope to make US a more innovative place) nor the immigrants since by then all they can think is a full time job, home and 401K.
more...
ash0210
06-03 12:55 PM
Bodran, pl file your I-140 and your & sons I-485 immediatly..I am sure your I-140 will NOT take 2 years (as you are in EB3 ROW) to approve by which your son will be protected before he turns to be 21.
So, hurry up & file I-140/I485 ASAP and your son will be safe under CSPA (Child Status Protection Act). Also, pl read CSPA rule..I remember it was published on Feb 14, 2003...pl check..
Hope this helps..
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
So, hurry up & file I-140/I485 ASAP and your son will be safe under CSPA (Child Status Protection Act). Also, pl read CSPA rule..I remember it was published on Feb 14, 2003...pl check..
Hope this helps..
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
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yabadaba
07-11 01:23 PM
And those who had applied in PERM in 2005, got their GCs already..
I know a few who applied in PERM as soon it was introduced and got their
GCs last year.
not completely true...if people had filed their i-140 and i-485 before retrogression in 2005 (that means perm was approved before september 2005), they got their gcs last year, people like me with priority dates in sept 2005 (due to the general incompetencies that we have all experienced) were able to file only in july 2007.
I know a few who applied in PERM as soon it was introduced and got their
GCs last year.
not completely true...if people had filed their i-140 and i-485 before retrogression in 2005 (that means perm was approved before september 2005), they got their gcs last year, people like me with priority dates in sept 2005 (due to the general incompetencies that we have all experienced) were able to file only in july 2007.
more...
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zoooom
08-10 11:06 PM
I dont think this is true coz I am juky 2nd filer and my checks havent been cashed yet...
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Milind123
09-15 08:30 AM
thanks Zappy pvhemanth :)
Thank you Zappy & pvhemanth for the very nice contribution. I thought you would come after our three sponsors have pledged. That was really nice of you.
May I now request contributions from the people who have contributed only once? If you have contributed some time back please consider doing so now.
Also, if you have contributed before and do not plan to contribute now, we would like to know the reason? There is obviously some disillusionment. If you don't feel comfortable posting, feel free to send out a PM. We will try our best to address your concerns. Remember your contribution before the rally is slightly more beneficial for IV.
Thank you Zappy & pvhemanth for the very nice contribution. I thought you would come after our three sponsors have pledged. That was really nice of you.
May I now request contributions from the people who have contributed only once? If you have contributed some time back please consider doing so now.
Also, if you have contributed before and do not plan to contribute now, we would like to know the reason? There is obviously some disillusionment. If you don't feel comfortable posting, feel free to send out a PM. We will try our best to address your concerns. Remember your contribution before the rally is slightly more beneficial for IV.
more...
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India_USA
09-27 08:45 AM
The number of years spent waiting does add to the frustration, but the feeling of being stuck is something we share irrespective of the years... brotherhood/sisterhood!
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wa_Saiprasad
07-20 08:32 PM
I guess the person who created this thread didn't anything else to do on this world. I don't how did he/she come with number. What a waste of time.
more...
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santb1975
06-03 01:30 PM
Please work on our Action Item
Mailed a check for $100 today.
Mailed a check for $100 today.
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hebron
10-22 10:00 AM
Hi 9Years and VayuMahesh,
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
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mps
07-11 11:13 AM
Pause and take a moment to rejoice. Then turn all eyes to processing dates.
TSC July 17 2007
NSC July 28 2007
That would mean July 2 filers EB2 are waiting only for visa number (assuming USCIS is processing cases strictly on RD basis) - wooooooooooooow.
TSC July 17 2007
NSC July 28 2007
That would mean July 2 filers EB2 are waiting only for visa number (assuming USCIS is processing cases strictly on RD basis) - wooooooooooooow.
swo
07-20 06:41 PM
...welcome to the new nightmare, someone did say something about the grass been green on the other side..now that we are on the other side we wait for 485 to be current while we renew EAD/AP each year, fingerprint every 15 months and aviod the namecheck black hole...maybe this is what they(uscis) wanted after all...a steady income stream...good luck :)
Funny! And we screamed to be there :)
Funny! And we screamed to be there :)
spce94mech
09-09 07:10 PM
I can't make it to the rally in DC. However, my best wishes are with IV.
Here are my contribution details :
Order Details - Sep 9, 2007 4:31 PM PDT
Google Order #121154041190431
spce04mech
Here are my contribution details :
Order Details - Sep 9, 2007 4:31 PM PDT
Google Order #121154041190431
spce04mech
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