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.
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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eb3_nepa
07-20 04:40 PM
bump
greenlight
02-18 03:24 PM
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
I am fairly new to this community and not familiar with acronyms.
Can someone kindly explain what LUD is ?
My PD is now current as well and want to find out how to track my case.
Thanks for everyone's collective support. :D
I am fairly new to this community and not familiar with acronyms.
Can someone kindly explain what LUD is ?
My PD is now current as well and want to find out how to track my case.
Thanks for everyone's collective support. :D
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Zee
04-06 06:10 AM
http://www.nytimes.com/2006/04/06/washington/06immig.html?_r=1&oref=slogin
http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
more...
hebron
08-10 12:25 PM
Thank you my_gc_wait and amitkhare77 for your suggestions.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
bobzibub
09-25 10:57 AM
I dunno about you, but really I don't think we should pay any fees until we get some sort of product to show for it. I don't pay for a hair cut that might happen in ten years. Why should I pay for a green card that might happen in ten years?
more...
Dakota Newfie
07-13 09:36 AM
Since the topic of giving preference to professional athletes has come up, I'd like to relay an the experience I had when I came to the U.S. for a job interview in August of '01; when going through U.S. customs at Logan Airport (this was pre 9/11), I was arbitrarily "singled out for interrogation" for TWO HOURS! During that time, a customs official made some small talk with me while we waited for the supervisor to arrive and he asked me if I was a hockey player (since I am Canadian) to which I replied "no"; he then informed me that was too bad because otherwise I would pass through without any problems or questions! Too bad they didn't "single out" Atta and the boys the same way two weeks later- or maybe they went through as hockey players!
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gc4arun
06-23 08:35 AM
Could you please provide your input on this . Thank You.
Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more
A
Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more
A
more...
pappu
07-31 02:27 PM
Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
Love the analogy.
Thanks Coopheal for leaving the IV wiki effort.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
Love the analogy.
Thanks Coopheal for leaving the IV wiki effort.
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she81
11-09 07:40 PM
Listen to this. A week after our company filed our 485 (after my conventional labor got approved first week of August) and quite a few of my colleagues were in the same boat, they mysteriously changed our lawyers - apparently none of us had even receipts by then. The old lawyers were not ready to talk to us as they transferred our files to the new firm, and none of us had an idea what to do. On top of that, our HR rep did not provide us with any contact info of the new Law Firm and insisted every communication go through her (and when she forwards their replies to us after taking her own sweet time, very meticulously she removes all contact info from the emails).
They're never short of ways to annoy us immigrants.
They're never short of ways to annoy us immigrants.
more...
mahujam
09-26 12:31 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
My date was june 19th.
I got approval emails yesterday.
Yet to see the card.
Give it a few more days.
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
My date was june 19th.
I got approval emails yesterday.
Yet to see the card.
Give it a few more days.
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svr_76
06-17 03:04 PM
I had mine today. The Officer answered the following questions-
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
more...
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aadimanav
09-05 03:56 PM
Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
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lostinbeta
10-20 10:48 PM
Censoring yourself now dan?
more...
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Desertfox
06-01 08:39 PM
Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
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franklin
10-12 10:53 AM
Please move this thread to the appropriate forum, this has nothing to do with DC rally logisitics
more...
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gcseeker28
07-27 03:38 PM
Thanks for the replies,
Does that mean that I cannot work now? My lawyer told me that I could work legally as long as we contest and the application is in process for MTR.
Does that mean that I cannot work now? My lawyer told me that I could work legally as long as we contest and the application is in process for MTR.
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acsouza
03-18 05:08 PM
Hi Euclid,
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
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coolest_me
07-01 05:45 PM
if you are in California then fwd this to your employer
http://ezinearticles.com/?Legality-of-NonCompete-Agreements-in-California&id=74000
Non-Compete agreements are void in California. I had the same situation as you and in my case my vendor (new employer) helped me based on this law. I m in California
http://ezinearticles.com/?Legality-of-NonCompete-Agreements-in-California&id=74000
Non-Compete agreements are void in California. I had the same situation as you and in my case my vendor (new employer) helped me based on this law. I m in California
sidbee
05-06 10:59 AM
http://www.usabal.com/seminars/#a2
Michael Aytes, is one of the speaker in this conference
Why would IV get invitation to this ?????
You pay and you attend, and its for employers, not employees..
Michael Aytes, is one of the speaker in this conference
Why would IV get invitation to this ?????
You pay and you attend, and its for employers, not employees..
gcdreamer05
01-21 12:22 PM
ya advisable to get it done in india so that we get for 10 yrs,
Also one more question, does any one know how many days before passport expiry can we apply for renewal?
Is it 1 yr or can we renew even before 1 yr...
Also one more question, does any one know how many days before passport expiry can we apply for renewal?
Is it 1 yr or can we renew even before 1 yr...
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