View Full Version : IV releases USCIS backlog data report
pappu
11-25-2009, 11:32 AM
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
alex99
11-25-2009, 12:02 PM
Good JOB IV CORE and Other Senior Members working on this.
shiankuraaf
11-25-2009, 12:50 PM
Great Job..... I am eagerly looking for the release of the BL report.
Karthikthiru
11-25-2009, 01:14 PM
Great Job by IV
amitjoey
11-25-2009, 01:42 PM
Thanks a lot, core, pappu, members who worked on this.
ak_2006
11-25-2009, 01:46 PM
Hi Pappu and IV Sr.Members,
Thanks for the updates and hard work.
baba2s
11-25-2009, 02:59 PM
Wow..
Thanks in advance..
letstalklc
11-25-2009, 03:03 PM
Great job Pappu and other senior members who worked on this.
maximus777
11-25-2009, 03:12 PM
Thanks much!
Michael chertoff
11-25-2009, 03:24 PM
Great job Pappu
MC
pappu
11-25-2009, 03:46 PM
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudication/field office data/ CP and spillovers. The visa bulletin movements will also be compared against the report and checked with USCIS and DOS.
Team IV
baba2s
11-25-2009, 04:07 PM
Thanks Pappu and IV
skynet2500
11-25-2009, 04:12 PM
Thanks Pappu and IV. the data looks very rosy for EB2 I. I hope it is accurate..:)
geevikram
11-25-2009, 04:18 PM
Thank you so much guys for the report.
red200
11-25-2009, 04:34 PM
IV thanks for the Info. Hopefully the dates will move forward
geevikram
11-25-2009, 04:34 PM
I don't think the analysis for EB2 C&I is accurate.
Current does not mean beyond your PD. There is no mention of PD's being current anytime soon.
pointlesswait
11-25-2009, 04:44 PM
the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
Brightsider
11-25-2009, 04:55 PM
Commendable Job!!!
Please accept my compliments, Pappu and the team.
My suggestions for your meeting with USCIS:-
1. In the interest of transparency, let them also publish data about monthly filings in each of the EB categories. It will reduce uncertainty further.
2. Provide separate numbers for family-based and employment-based cases in their monthly progress reports. To a large extent, this can be obviated by regularly updating the pendency figures published in Sept 09.
3. Include the CP data in the same report along with I-485 data. Becomes easier to compile the big picture and analyze it.
Now, since we dont have any academic interest in the subject,
4. Press the case for recapture of lost visas
5. Have quarterly spillover. Implementation of suggestion (1) will be an enabling factor.
:):):)
baba2s
11-25-2009, 04:59 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
rameshraju11
11-25-2009, 05:54 PM
Pappu and Forum Admin,
1. I would recommend you to discuss with USCIS on EB1 Application Fraud for MNC( Consulting Service Compnaies) Managers by their Employers. This is one issue we should be more careful. Brought up this issue with USCIS and Recommend more scrutiny on these kind of applications since a lot of fraud in this area and by passing the whole process and harming every genuine applicant.
2. Remind USCIS about the quarterly spill over according to the Law
Thanks
seeking_GC
11-25-2009, 06:09 PM
.
sandy_anand
11-25-2009, 06:42 PM
Thanks a million, core team, for the effort!!!!!! As many have already raised the issue, can you please clarify that core does indeed forecast a jump of nearly 3 years for EB-2 India between Jul-10 and Oct-10?
vhd999
11-25-2009, 06:43 PM
I am sure IV must have reveiwed these numbers before posting this analysis for public view.
If that is the case, I am clearly missing something here.
th5000th
11-25-2009, 07:13 PM
Current does not mean beyond your PD. There is no mention of PD's being current anytime soon.
What I mean is the analysis is too optimistic for EB2 China/India, which is hard for me to believe.
vadicherla
11-25-2009, 08:01 PM
Thanks Pappu
Pandi
11-25-2009, 09:16 PM
Thanks to the IV Team for spending their time and effort in making this analysis :)
gc_on_demand
11-25-2009, 09:33 PM
This analysis based on Data provided by USCIS on Aug 25th. They have changed data under dashboard two times since but they haven't updated detail sheet online.
Also DOL performance also factors lot. If DOL starts approving labor at faster rate EB ROW categories can consume much more visas and left over will be less for EB2 India and China that can hurt analysis.
Good thing is that IV members spent time to understand 3 departments data and create a model so future analysis on updated data should be quick and may be core can post updated version of this doc frequently.
NVC has declared CP numbers in wholesome also USCIS is due to release updated backlog information soon so we can have new document sometime soon.
Also there is a very good point about spill over and how it can lead to visa wastage if DOS doesn't consider USCIS's processing time and future applications on DOL site. That may convince DOS to move forward gradually.
goosetavo
11-25-2009, 09:59 PM
Much thanks for digesting all of this data and making sense of it all. I had no idea the quarterly spillover issue was making things worse in many cases.
Did you guys get a chance to look at data for Mexico by any chance? Since there is only a backlog for EB3 can one assume that things will improve in the next 2 years or will legislative relief be required for Mexico as well?
Again, outstanding job and thanks for helping us understand. How can I help you convince CIS tom make your recommendations happen?
pappu
11-25-2009, 10:09 PM
The report has been updated. There were some typos. We have also added explanation for places where there was come confusion on this thread.
belmontboy
11-25-2009, 11:58 PM
Thanks a million, core team, for the effort!!!!!! As many have already raised the issue, can you please clarify that core does indeed forecast a jump of nearly 3 years for EB-2 India between Jul-10 and Oct-10?
One possible explanation could be labor market being bad. We could anticipate spillover to be considerably bigger than previous years.
harrydr
11-26-2009, 12:03 AM
This is an outstanding job done to be presented to the CIS. Hopefully, IV members can convince CIS for immigration reform and make the quarterly spillover happen soon.
lvinaykumar
11-26-2009, 04:28 AM
Looks like i need to find a new job to file under EB2 :D
rodnyb
11-26-2009, 03:13 PM
Labor market has no influence on EB1/2 ROW. Look at DHS historic data (core should look at that as well), EB1+Eb2 ROW is well above 70K every year, even in 2000 recession. My understanding is that they are athletes, managers, PH.D. which rarely change by economic condition. Also past DHS data showed over 10K india EB2 2008. That could be the max we can get per year
crzyBanker
11-26-2009, 04:17 PM
Good job IV. This article from IV really should give ideas to DOS and USCIS the way to approach going forward using the data available. Good data mining and analysis by IV.
sdeshpan
11-26-2009, 06:03 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
I second this...
sunty
11-26-2009, 06:08 PM
As we can clearly see the positive influence of Quarterly Vertical Spill-over on the forward PD movement at least for EB2 I/C, it would be great to open a communication channel with DOS Visa Office just to get clarification whether the correct interpretation of the LAW would be the basis of the January 2010 Visa Bulletin.
vbkris77
11-26-2009, 06:34 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.
1. For EB2 3K visas doesn't change the dynamics.
2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.
3. ROW EB3 will be slow and Philippines will be dead slow.
The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.
We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.
Roger Binny
11-26-2009, 06:55 PM
Great job, thank you IV and thank you IV core.
Thanks IV for the update.
we_r_d_world
11-26-2009, 09:07 PM
EB3-I and C this should be another eye opener, get united or bust...
nothing for us all in here,.............
only hope is recapture.................
please, wakeup... we need to start working on this..like........yesterday!!!
We_r_D_world
ca_immigrant
11-27-2009, 01:12 AM
This definately looks good...
Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)
I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....
Thanks IV !
pappu
11-27-2009, 10:17 AM
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data. The data USCIS has published may not be 100% accurate. There are several thousand applications that may not have been pre-adjudicated at the time of publication of this data. The CP applications, field office applications etc are not part of this data.As an advocacy organization, based on the data we can work towards seeking explanation on slow movement of visa bulletin dates or wastage of visa numbers in the months to come. We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
hpandey
11-27-2009, 11:29 AM
Many thanks to IV for doing all the work and collecting this very useful information. It truly shows that IV is the one and only platform that helps the EB population.
United we stand.
newuser
11-27-2009, 02:58 PM
Thanks for the update.
Go IV
anilnag
11-29-2009, 04:02 AM
Even though the effect of retrogression is expected to reduce from the current 8+ years, it is still going to hover around 5 years in 2012 (assuming a weak economy and minimal filings).
This line isn't true anymore for EB3 India after correcting the typo in dates. I believe this can be deleted because even in 2012 the wait time is 8+ years. With huge CP numbers (~20K) for EB3I, the wait time will surely increase further which is not factored in the report.
looivy
11-29-2009, 02:10 PM
I fail to see how this whole thing helps EB3-I/C. IV should work on measures that alleviate EB3-I/C pains.
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Mr. Brown
11-30-2009, 12:29 PM
BIG Thanks for the report!
I wonder how the following calculator results would change (if they'd change i.e.):
http://immigrationvoice.org/tracker/waitimesUSCIS1.php
http://immigrationvoice.org/tracker/waitimesUSCIS2.php
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Marphad
11-30-2009, 03:40 PM
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
Most of the EB2's are very happy with the bulletin (which they should be) but I also see most of them are non-donors (or the free riders).
Thanks IV as always for the updates and keeping the hope alive.
Mr. Brown
11-30-2009, 04:31 PM
Most of the EB2's are very happy with the bulletin (which they should be) but I also see most of them are non-donors (or the free riders).
Thanks IV as always for the updates and keeping the hope alive.
Agreed that I haven't contributed (yet) but that's a mighty big acquisition from your end on calling all of us EB2's free riders without any considerable data to prove it.
I think it's within our best interests to remain united until things are straightened up but I sure can understand your bitterness and hope the best for you too.
Mr. Brown,
That is why I have said "most" and not all. You are right I do not have any proof or data (but I am sure IV does) , try scanning any of the threads and you will see what I stated is very obvious.
If this post instigated you then you are not as thick skinned as some of your EB2 peers and hopefully will join the bandwagon of Donors soon.
My bitterness is the same for EB3's who do not do much other than posting on threads but I think (no proof again) there are more EB3 donors in the Donor threads than EB2's.
Agreed that I haven't contributed (yet) but that's a mighty big acquisition from your end on calling all of us EB2's free riders without any considerable data to prove it.
I think it's within our best interests to remain united until things are straightened up but I sure can understand your bitterness and hope the best for you too.
Peace!
vbkris77
11-30-2009, 04:42 PM
One important observation is that EB2 India/China shouldn't celebrate until State changes their planning style. If CIS wastes visas due to swing movement by State, EB2 I/C doesn't move so much and numbers will be wasted. So it is important that IV push state to incorporate long term planning and add the CIS processing as a lead time to calculate visa dates movement at least for post July 2007.
Leo07
11-30-2009, 04:50 PM
Why do we have to go into 'Contributions' issue on every thread? Just dedicate one thread for donations and be done with it.If it's so itching then can we open a Donor-Only thread?:)
Guys, We are all in it together---We can only get out together-No matter what the numbers say.
Remember vdlrao's predictions last year? it's the same logic, It made perfect sense then, just as these numbers. I'm not questioning the logic or the numbers here.
Cheers!
jchan
11-30-2009, 04:54 PM
Thanks for the good work. However, I saw a major potential flaw in estimating the applications from ROW. The report finds the life cycle for a ROWer to submit 485 is 1 year, thus assuming little AOS applications will be filed in the coming year from ROW. But this analysis forgot to consider those ROWers who started GC in year 2008. A person who started working in 11/2008 is ready to submit 485 now and uses one quota, even if a person who just started working won't be able to submit AOS till a year from now. With this under consideration, I feel the spillover will be much less than initially estimated.
Please correct me if I missed anything.
jchan
11-30-2009, 04:55 PM
A way to estimate ROW 485 applications
Since ROW 485's are approved rather quickly, the small number of pending cases from the USCIS report does not reflect the whole picture how many ROW 485's are submitted each year. However, we may be able to estimate like this:
First find out the average processing time of ROW 485, then we know the pending number from USCIS report is the cases submitted for the length of the processing time. For example, if the processing time is 3 months, and there are 7000 cases for ROW pending, then we know there are 7000 ROW 485 submitted in 3 months. Then the full year demand is 28000. Maybe the report can be revised with these information to get a better estimate on the spillover?
vbkris77
11-30-2009, 05:10 PM
Thanks for the good work. However, I saw a major potential flaw in estimating the applications from ROW. The report finds the life cycle for a ROWer to submit 485 is 1 year, thus assuming little AOS applications will be filed in the coming year from ROW. But this analysis forgot to consider those ROWers who started GC in year 2008. A person who started working in 11/2008 is ready to submit 485 now and uses one quota, even if a person who just started working won't be able to submit AOS till a year from now. With this under consideration, I feel the spillover will be much less than initially estimated.
Please correct me if I missed anything.
Good observation, but the economy wasn't good in 2008 either and most of the time both PERM centers were closed for business. Chicago was closed in mid year and Atlanta wasn't working from late 2007 till early 2009.
So the number of PERM approvals would be very low. Assuming CIS cleared most of the I140 backlog as they indicated, their I485 numbers should include the recent ROW approvals as they become real backlog applications (backlogged by CIS processing not by visa numbers)
I am still waiting for the 2009 DOL and State report to validate this information.
indianindian2006
11-30-2009, 06:36 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
th5000th
11-30-2009, 06:55 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
What? too pessimistic or too optimistic?
vbkris77
11-30-2009, 10:42 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
vbkris77
11-30-2009, 10:46 PM
If Ron were to look at the state dept. allocation for S. Korea in 2008, they got most of 7% in EB. The number was close to 25K.
Slave_2k
11-30-2009, 11:33 PM
Hi Pappu!
First of all... a big thank you for all the time you have spent to come up with such an excellent analysis of the data available in the public domain. Your effort and the effort of the senior members is like leading a freedom struggle. If you guys were born in India before 1947, I am sure you would have been one of the well known freedom fighters.
Anyway.... I have a small clarification. It'll be great if you could take that issue up with the USCIS contacts you guys have.
If you see from that inventory document, there are entries in the year 2008 and 2009 for I-485 backlog. The Visa Bullettin fiasco happend in July 2007. After that for EB-3 India the date was never current. It has retrogressed consistently since then. How was it possible even for one EB-3 India application to be filed in the years 2008 and 2009? or for that matter anytime after Aug-2007?
Can you please try to get the answer for that?
GO IV!!
- Modern SLAVE
transpass
12-01-2009, 12:09 PM
the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
sunty
12-01-2009, 12:19 PM
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
So, in essence USCIS/DOS are allowed to bend the law since there workloads would increase and their systems are not sophisticated enough to implement this. I guess there is no point in raising this issue anymore...:(
gclabor07
12-01-2009, 12:21 PM
Pappu,
Thanks for the great analysis. One suggestion for USCIS. They need to make EB GC process a linear one, meaning that you file for labor, then I-140, and I-485 as soon as your first two stages are cleared. Concurrent filing process is a hit or miss. It doesn't make sense anymore when you've so much retrogression.
This linear approach will be good for USCIS for two reasons:
1. They will get constant flow of applications rather than all at once. Plus they can control it by regulating the flow of I-140 approvals.
2. They will be able to better predict the visa movement based on their inventory.
For people like me, it will be good for two reasons:
1. I'll enjoy similar EAD/AP benefits that most of the people enjoy who filed during July 07.
2. No more H1B stamping.
Thanks.
hydboy77
12-01-2009, 12:40 PM
Thanks Pappu and IV for doing this. Maybe this should come with a big disclaimer that this is just a prediction and nobody can predict how USCIS\DOS behaves on a day to day basis, therfore dont put any weight or hopes on this projection, otherwise this will turn into the infamous prediction from VDLRAO who claimed Eb2 India will be current in a year. The year has gone by and Eb2 India is not even clearing Jan 05.
belmontboy
12-01-2009, 03:49 PM
Waitime tracker for my PD says june 2028.
The numbers in backlog data report show a rosy picture.
Which one to believe??
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