andy garcia
10-01 10:23 AM
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
Macaca;
Here is where the confusion lies with respect to unused, wasted, etc.
The Immigration Act of 1990 (P.L. 101-649) restructured the immigrant categories of admission and made other modifications to the Immigration and Nationality Act.
The 1990 Act divided the preference classes into two general categories: family-sponsored(FS) and
employment-based(EB). Limits on the number of visas issued in these two categories are determined annually.
FS limits�The worldwide level for FS preferences is calculated as:
480,000 minus the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as
immediate relatives of U.S.citizens
children born subsequent to the issuance of a visa to an accompanying parent
children born abroad to lawful permanent residents on temporary trips abroad
plus unused EB preferences in the previous fiscal year.
The 1990 Act specifies that the family-sponsored limit may not go below a minimum of 226,000 in any year.
EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
Macaca;
Here is where the confusion lies with respect to unused, wasted, etc.
The Immigration Act of 1990 (P.L. 101-649) restructured the immigrant categories of admission and made other modifications to the Immigration and Nationality Act.
The 1990 Act divided the preference classes into two general categories: family-sponsored(FS) and
employment-based(EB). Limits on the number of visas issued in these two categories are determined annually.
FS limits�The worldwide level for FS preferences is calculated as:
480,000 minus the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as
immediate relatives of U.S.citizens
children born subsequent to the issuance of a visa to an accompanying parent
children born abroad to lawful permanent residents on temporary trips abroad
plus unused EB preferences in the previous fiscal year.
The 1990 Act specifies that the family-sponsored limit may not go below a minimum of 226,000 in any year.
EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.
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GCFISH
07-18 01:18 PM
Hi,
I made my one time payment yesterday..will do it again soon.
I made my one time payment yesterday..will do it again soon.
9years
11-16 08:10 AM
Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
Thank you for sharing VayuMahesh. I hope I have to do the same. Can you please share, is there any form he has to fill while doing this or he has to write a letter.
Thank you for sharing VayuMahesh. I hope I have to do the same. Can you please share, is there any form he has to fill while doing this or he has to write a letter.
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yabadaba
08-10 01:08 PM
anyone living in lincoln can go to the service center and ask R williams where our apps arE??
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pandu_hawaldar
07-06 01:46 PM
http://infotech.indiatimes.com/articleshow/2180544.cms
PD_Dec2002
06-02 10:12 PM
Canadian_Dream, I think your interpretation is wrong..
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
java_jaggu :
yes, we both are saying the same thing.
Thanks,
Jayant
more...
orangutan
09-30 10:04 PM
Probably those cars are of the people (GC applicants) who came to count the TSC employees cars.:D:D:D
Yea..I saw many at parking lot but all junk cars.:p
Yea..I saw many at parking lot but all junk cars.:p
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kiran24
08-03 10:55 PM
There is a conference call going on at SoCal IV forum Bbetween 8:00 P.M to 8:30 P.M. Please join the call if you are interested in attending a SoCal IV organized booth at an event in Southern CA.
more...
mirage
08-21 08:03 AM
Guys Please send this out. It'll take 20 minutes and less than $2 of postage stamps...
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
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satyasaich
03-09 01:33 PM
Requesting All the moderators
For those who follow NPR news, there is diane Reem show tomorrow on NPR radio and the subject is immigration reform.
It will be a good chance to make some sensible calls, but requesting to make a limited number of calls with clairty in questions, probably one at a time
Certainly a good chance (not to miss) so that our concerns can be heard across the country
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
For those who follow NPR news, there is diane Reem show tomorrow on NPR radio and the subject is immigration reform.
It will be a good chance to make some sensible calls, but requesting to make a limited number of calls with clairty in questions, probably one at a time
Certainly a good chance (not to miss) so that our concerns can be heard across the country
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
more...
de2002
02-27 12:09 PM
Dreams are always dreams,no reality!!!. As like our fellow member says,if there is any visibility of visa date movement,I would be happy/////
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ItIsNotFunny
11-10 03:42 PM
Nice to read. How much you trust USCIS and Ron Gotcher is a different issue to discuss :)
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dpp
07-06 12:04 PM
The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
I don't know why they changed it suddenly.
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she81
08-13 04:44 PM
Till last year EB 3 would get additional visa from the leftovers of ROW, both EB2 and EB 3-I would benefit from the ROW visia, now all the visas are going to EB2, so i agree with you, there is little hope for EB 3.
Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.
Thats USCIS - Uncertain Surreptitious and Careless Institution to Select future immigrants.
Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.
Thats USCIS - Uncertain Surreptitious and Careless Institution to Select future immigrants.
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panky72
06-24 10:59 PM
shouldn't we think a little about our gain too ;) ..
:DAgreed.
:DAgreed.
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santb1975
05-22 01:31 AM
We have several bills that are being discussed to provide releif for all of us stuck in the Green Card process. We have very few dedicated volunteers working very hard and knocking the doors of representatives across the country seeking support for our bills. We need to lobby hard to get releif for all of us in this election year and lobbying is not cheap. We need dollars to keep up our lobbying efforts. We need help with raising dollars that are needed to keep working for our cause. We do not have Star Players and/or Star Athletes raising funds to support our cause. We need to do it ourselves. We all need to come together as a dedicated team with a mission to raise the targeted dollar amount. Can we do it?. Can we all step up and raise the dollars we need for our cause?.
Yes we can. Let's do it
Click on Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) to make a contribution
Want to donate an amount not listed on the contributions page?. Login to paypal and send in your desired contribution to donations@immigrationvoice.org
Made a contribution already?. Get your friends to make a contribution as well
Yes we can. Let's do it
Click on Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) to make a contribution
Want to donate an amount not listed on the contributions page?. Login to paypal and send in your desired contribution to donations@immigrationvoice.org
Made a contribution already?. Get your friends to make a contribution as well
more...
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ragz4u
03-16 08:37 AM
any update?
I just spoke with a CapitolHearings rep and she said she is going to get the technical team in charge of this to look into it
Hopefully it should start soon
I just spoke with a CapitolHearings rep and she said she is going to get the technical team in charge of this to look into it
Hopefully it should start soon
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jbr
06-11 12:59 PM
I have a dumb question: when the above post refers to 25,000 EB2 and EB3 applications does it refer to 25,000 primary applicants or total (applicant and dependent) applications. Does anyone know? -- Thanks.
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diptam
08-13 02:24 PM
Thanks - I'll write a mail to the HR head to release 7001 on my request and will mention that they don't have to take responsibility. Enough is enough - i got another 2 yr H extension in July 08 so i should be good,anyway.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
needhelp!
09-10 03:30 PM
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susie
07-15 12:12 PM
I thought about posting my case details and now the complaint has been filed feel it is only fair to share with others as my case could set a presidence for others
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
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