aadimanav
06-10 11:28 PM
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
AILA just published the following information that they received from the Visa Office:
Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!
Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"
Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:
* The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.
* The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.
* The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.
* The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.
* The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.
* EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.
* EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.
* EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.
* EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.
* There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.
* There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)
* There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.
* Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
AILA just published the following information that they received from the Visa Office:
Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!
Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"
Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:
* The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.
* The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.
* The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.
* The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.
* The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.
* EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.
* EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.
* EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.
* EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.
* There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.
* There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)
* There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.
* Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
addsf345
11-13 03:42 PM
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
This contradicts with the fact that many reported on IV. Ron says that one can continue employment on EAD. EAD stays valid atleast till the legally allowed time to file for an appeal, and once you file appeal, it stays active till it adjudicated.
However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?
This contradicts with the fact that many reported on IV. Ron says that one can continue employment on EAD. EAD stays valid atleast till the legally allowed time to file for an appeal, and once you file appeal, it stays active till it adjudicated.
However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?
diptam
10-08 02:58 PM
mayitbesoon,
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
raysaikat
01-08 05:33 PM
and why, pray, does your esteemed school keep accepting students from these so called "sub-standard" colleges in india? i would say 5-7 years of observed emperical evidence calls for some substantial action on your and your school's part in black-listing these institutions........so, either:
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
1. you are blowing smoke through eveyone's a** here or
2. the school is greedy for tuition fees - proving an earlier contention made in this thread about it being all about money....
P.S - i am not from one of these schools so no personal stake!
For 2. However, it is not really about greed, but necessity.
more...
GayatriS
01-05 11:02 PM
Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
Ok, so I saw the video. I am confused by his analogy and I am a scientist. Maybe it is the lack of data analysis and graphics he keeps referring to. He is not a great speaker. I stopped watching it midway.
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
Ok, so I saw the video. I am confused by his analogy and I am a scientist. Maybe it is the lack of data analysis and graphics he keeps referring to. He is not a great speaker. I stopped watching it midway.
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
WillIBLucky
12-18 02:40 PM
Who ever has got the idea of striking, picketing or hunger strike, it will not work here. Lobbying is the only way out for us. Well I guess someone has taken a cue from Mamta Benerjee. Well it surely works in India but not in United States.
So lets stick to lobbying and calling the senators and addding members and contributing to help lobbying.
So lets stick to lobbying and calling the senators and addding members and contributing to help lobbying.
more...
chanduv23
12-01 11:49 AM
Another soft LUD on the 485 today - this is the 4th soft LUD since 11/24.
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
you may likely be getting an RFE or probably close to ur approval :)
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
you may likely be getting an RFE or probably close to ur approval :)
desi485
11-14 05:36 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:
http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16
so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.
Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)
more...
gccube
07-18 04:15 PM
Assuming that the date is retrogressed from 'C' to 2000 Jan, they start accepting the AOS apps with that PD and then do we assume that they are also working on them or say they donot work on it until the receipt date becomes current.
If the answer to the question above is 'NO' (that is the receipt date has to become current to adjudicate an AOS app, ofcourse PD has to be current too) then why is that USCIS accepting apps with a specified PD cut off date. In this case I am not looking at the people who are already in the room but am wondering why they are letting more people into the room, particularly when there is no room.
If the answer to the question above it 'YES', that means PD does play a significant role in the AOS adjudication process when there is retrogression, in my opinion.
If the answer to the question above is 'NO' (that is the receipt date has to become current to adjudicate an AOS app, ofcourse PD has to be current too) then why is that USCIS accepting apps with a specified PD cut off date. In this case I am not looking at the people who are already in the room but am wondering why they are letting more people into the room, particularly when there is no room.
If the answer to the question above it 'YES', that means PD does play a significant role in the AOS adjudication process when there is retrogression, in my opinion.
funny
09-12 04:09 PM
Whats the plan guys...any thing agreed upon....^Bumping Again^
more...
nursekm
08-08 09:40 PM
I'm on Schedule A. My attorney filed my I-140/485/EAD on July 30 and it reached USCIS on the 31st. I am now waiting for the Receipt Notice which my lawyer says may take three to four weeks.
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
I filed my papers around the same time. Do you want to keep in touch and see how things go?
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
I filed my papers around the same time. Do you want to keep in touch and see how things go?
vkannan
03-06 05:33 PM
Few observations based on thread postings
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
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...
skd
04-14 10:53 AM
That is why I wanted to know
more...
mirage
07-05 10:47 AM
I think every body should write/Fax/call their Senators and congressman/congresswoman even if they are lamar smith, sensenbr..
ragz4u
03-09 08:34 AM
They are debating whether the current 2000 border troops should be increased to 2400
more...
ItIsNotFunny
10-21 01:16 PM
Yes its a very serious issue. As chandu mentioned earlier more action items are coming soon to fight this. But in the meantime please show your support and your willingness to fight this - if you havnt sent the mail yet, please do it and vote in the poll above. When we started this campaign, I though that at least a few hundred people will come forward easily - now is the time to act.
With you.
With you.
manish_jain99
09-10 04:46 PM
I won't be able to join the Rally in Washington but can contribute some money to the cause that binds us all.
digital2k
05-10 11:47 AM
Those who are waiting, pls call...
satyasaich
03-15 08:41 AM
Let's try after few more minutes
Did anyone else get through? I was trying www.capitolhearings.org Dirksen226!
Did anyone else get through? I was trying www.capitolhearings.org Dirksen226!
JunRN
08-08 06:11 PM
I'm on Schedule A. My attorney filed my I-140/485/EAD on July 30 and it reached USCIS on the 31st. I am now waiting for the Receipt Notice which my lawyer says may take three to four weeks.
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?
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