EB2 China will be current soon

[snathan]

Originally Posted by pointlesswait

when did that come into effect??????
or is it in the pipeline???

Its there for 1-2 years and its basically business necessity. This is what I heard from my attorney.

[man-woman-and-gc]

Originally Posted by snathan

Its there for 1-2 years and its basically business necessity. This is what I heard from my attorney.

I don't think that is true. I got my I-140 Approval in EB2 with exactly 5 years of Job ex after Bachelors, a few months ago(in July 2008). And I am in IT.

[Keeme]

May be I don't understand it or USCIS is not following processing dates as mentioned on their website.

How come USCIS can process I-485 which is filed in late 2007 ( after Sept ) or in 2008 ?

The processing times for all 4 centers for I485 - Employment based Immigrant applications never have crossed July or August 2007.

I see lot of I -485 approvals for EB1/2/3 ( Most of them of ROW for EB-2, few from India /China and other country on EB1 Categories) applications getting adjudicating which are filed in 2008 !!!

The only way we can get more visa for EB -2 India/China and EB-2 applications is to use max spill over from all other categories to EB2 and then when it becomes current for India/China , it can go to EB3- ROW and other countries.

"C" for EB1 and EB-2 ROW means they are eligible to file I-485 application ( EAD/AP also) but this applications can not be processed if processing dates are not current.

In order to get more visa available to backlogged applications, they have slower new PERM applications and hold I 485 processing time for all centers at Jun to Aug 2007.

* Can some one put this as a new thread ?...Thanks.

[nayekal]

Originally Posted by man-woman-and-gc

I don't think that is true. I got my I-140 Approval in EB2 with exactly 5 years of Job ex after Bachelors, a few months ago(in July 2008). And I am in IT.

Please look at the thread below.

Sorry, should have included this thread earlier, so that there is no confusion.

http://immigrationvoice.org/forum/sh...ad.php?t=22242 (Job Zone changes for IT Jobs and EB-2)

[amsgc]

Last year, around May, the top bosses at USCIS testified in front of a House Judiciary committee that the USCIS processes those cases first that have a chance of getting a visa number assigned in the near future. As a result:

1) EB3/EB2-I/C cases don't get adjudicated because they are not likely to get a visa number assigned
2) New EB2ROW and EB1 cases get adjudicated as soon as they are filed
3) This leaves less cases for overflow to retrogressed categories
4) The EB3/EB2-I/C dates don't move forward in any meaningful way
5) Threfore, we are back to square 1.

The reason given by the USCIS for this approach (1) is to ensure that they don't waste any visa numbers. But this approach has exacerbated the already dire situation in which folks from retrogressed countries find themselves today.

Originally Posted by Keeme

May be I don't understand it or USCIS is not following processing dates as mentioned on their website.

How come USCIS can process I-485 which is filed in late 2007 ( after Sept ) or in 2008 ?

The processing times for all 4 centers for I485 - Employment based Immigrant applications never have crossed July or August 2007.

I see lot of I -485 approvals for EB1/2/3 ( Most of them of ROW for EB-2, few from India /China and other country on EB1 Categories) applications getting adjudicating which are filed in 2008 !!!

The only way we can get more visa for EB -2 India/China and EB-2 applications is to use max spill over from all other categories to EB2 and then when it becomes current for India/China , it can go to EB3- ROW and other countries.

"C" for EB1 and EB-2 ROW means they are eligible to file I-485 application ( EAD/AP also) but this applications can not be processed if processing dates are not current.

In order to get more visa available to backlogged applications, they have slower new PERM applications and hold I 485 processing time for all centers at Jun to Aug 2007.

* Can some one put this as a new thread ?...Thanks.

[gc_check]

Originally Posted by hydboy77

A vast number of EB3 India "consultants" working for Desi "companies" have already ported there eb3 dates to eb2 and because of this EB2 will not be current. I doubt it will even reach end of 2005 anytime soon. Non desi companies are not doing eb2 for IT but it is the desi "companies" and the "consultants" who work in these "companies" who have done these porting that have set the dates back. It is because of these desi "companies" and the "consultants" that DOL is putting restrictions on getting eb2 in IT. Anyway the damage has already been done. The problem with looking at EB2 perm approvals to guess if eb2 dates move forward is that it does not tell how many are from porting candidates. Atleast 50% of them are from desi "companies consultants" (just look at how many threads have been opened in IV by desi companies consultants asking for advise on how to porteb3 to eb2), so even tough they might have applied for eb2 in 06,07 or even 08 they are using 01,02 03 eb3 priority dates and jumping ahead of you. You dont have crooked chinese companies like desi companies that is why there is no porting going on in chinese eb2 whereas almost all the crooked desi comapnies and consultants are indulging in porting.

True to some extent. I work for a very large tech company now, before joining the company using AC21 for same job, I was in the same job through a US based large vendor company for many years and my labor was applied under EB3 by the vendor although I qualify for EB2 based on education/experience. The explanation from Attorney was the job did not qualify for EB2 back in 2003. Also know couple folks from Canada / India already worked directly for large tech company and all have EB3 labor except for 2 people who work for a Desi company, sub contracted to the same job through a vendor, but have a EB2 labor and one worried every day of getting approval and other already did. I don't know much details, except for them suggesting that I did a big mistake by not applying under EB2. Well, most Us companies go by books/law. This is just an example and most members here will have a story like this and know some one in EB2 or some one ported to EB2 using the old PD. Also in addition to that, that could be numerous substitution labor applied prior to July 07 rush as the sub was eliminated since than.. They could be labor from 00/01/02 that were utilized... So expecting the dates to become current is far from reality. It could happen only if some sort of Administration/Congressional intervention. Else, have to be patient.

[snathan]

Originally Posted by man-woman-and-gc

I don't think that is true. I got my I-140 Approval in EB2 with exactly 5 years of Job ex after Bachelors, a few months ago(in July 2008). And I am in IT.

Well. I mean to say - if you can prove the business necessity you can still apply in EB2.

[Keeme]

Originally Posted by amsgc

Last year, around May, the top bosses at USCIS testified in front of a House Judiciary committee that the USCIS processes those cases first that have a chance of getting a visa number assigned in the near future. As a result:

1) EB3/EB2-I/C cases don't get adjudicated because they are not likely to get a visa number assigned
2) New EB2ROW and EB1 cases get adjudicated as soon as they are filed
3) This leaves less cases for overflow to retrogressed categories
4) The EB3/EB2-I/C dates don't move forward in any meaningful way
5) Threfore, we are back to square 1.

The reason given by the USCIS for this approach (1) is to ensure that they don't waste any visa numbers. But this approach has exacerbated the already dire situation in which folks from retrogressed countries find themselves today.

I think what you are saying is USCIS said in that hearing and follows for the cases which are current in processing time. Let 's say they moved dates for EB2 India for 6 months in last visa bulletin, now they will approve cases which are more clear and not complex and ready to go and won't follow first-come-first out here.

What I'm saying is different - If processing dates are not current how come you application can be approved ?


****People who have filed their i-485 in 2008 can't be approved. 'C' in Visa bulletin means they can file I-485 file and USICS has to accept their application but USCIS have to process it as per their processing dates. ****

Does it make sense ?

[MDix]

Can you pls post the link to the data .

Originally Posted by gc_on_demand

China has PD of Jan 2005. I checked Labor data for China for 2005 , 2006 and 2007 and they have some 15k approval for labor ( Eb2 + Eb3 + others ). if we assume 50 % of them are EB2 then only 7.5k for 3 years.

Last year they got 6900 or so in Eb2 . If they get that many visas they will touch 2008 soon. If 50 % projection is more then they may become current.

as a Big country they may not spare some visas for india for horizontal spill but atleast they may not share from spill.

India will get 3-4 k more Spill visa soon.. Date may move to early 2008 for India. (Eb2) Even though all people will not get GC.

Thanks,
MDix

[MDix]

Never mind got it here http://www.flcdatacenter.com/

Originally Posted by MDix

Can you pls post the link to the data .


Thanks,
MDix

Thanks,
MDix

[Ushakiran]

Unfortunately, your analysis is wrong. A National Interest Waiver (NIW) petition also falls into the employment-based immigration second preference category, but the labor certification requirement is waived for the sake of the "national interest."

I heard from some Chinese saying they have huge amount of NIW petitions, at least four or five times more than all PERM cases.

I would say, without any legislation change, both Chinese and Indian EB2/EB3 are hopeless at all. I hate to say that, but we have to face the truth.

[MDix]

Here is the PERM data for INDIA

2008 = 17,174
2007 = 25000
2006 = 23000
2005 = 1140
2004 = 59 ( Something is wrong with DOL Data, Perm was not there at that time)

Total = 66373

If we say 25% EB2 then 16593.25
If we Say 50% then EB2 33186.

Source :: http://www.flcdatacenter.com/CasePerm.aspx

Does anybody has any clue what skill category does EB2 comes in so we can easily filter all EB2's.

Thanks,
Mdix

[Jerrome]

Welcome to the number crunching.. I have done this some time back and given up.

First of all the database is based on approved date, so to get the actual data based on the PD look for date received column.

This is (EB2+EB3)
2005 8640 You have to see the received date in 2006 db there would be lot of them from 2005
2006 15421
2007 24573 (They removed this column in this database so you really don't know how many are filed in previous years).

Since we don't know how many are pending before 2004, we can not come up with any logical forecast.

You will have to wait and watch for cutoff dates to steadily progress towards to the end of 2004 before you could start your predictions. So far this has not happened(sudden jump to 2006 and back to 2003 etc).

If it indeed moves to end of 2004 before this July09 then it is really good. Everyone who has 2005 and 2006 has a GOOD chance of getting approved in last quarter, if not just very few would get it.

[MDix]

30, 962 EB2-I Perm approval from 2005 to Sept 2008.
I did some cross data verfication against ETA case numbers which are filed in EB2 and came to conclusion that this the"LEVEL" field which defines EB2 or Eb3.


2008 - LEVEL II : 4000
2007 - LEVEL II : 11495
2006 - LEVEL II : 14616
2005 - LEVEL II : 841


Thank,
MDix,

[gc_on_demand]

Originally Posted by Jerrome

Welcome to the number crunching.. I have done this some time back and given up.

First of all the database is based on approved date, so to get the actual data based on the PD look for date received column.

This is (EB2+EB3)
2005 8640 You have to see the received date in 2006 db there would be lot of them from 2005
2006 15421
2007 24573 (They removed this column in this database so you really don't know how many are filed in previous years).

Since we don't know how many are pending before 2004, we can not come up with any logical forecast.

You will have to wait and watch for cutoff dates to steadily progress towards to the end of 2004 before you could start your predictions. So far this has not happened(sudden jump to 2006 and back to 2003 etc).

If it indeed moves to end of 2004 before this July09 then it is really good. Everyone who has 2005 and 2006 has a GOOD chance of getting approved in last quarter, if not just very few would get it.

Why should we worry if people applied in 2005 but still not approved. They all wont get approval in this year . There will be people ahead only who has approved labor.

I know it will not be accurate .. we should force USCIS to release those data.