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GC20??
07-12-2010, 04:52 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)

sammas
07-12-2010, 04:57 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF “OTHERWISE UNUSED” NUMBERS

INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

sammas
07-12-2010, 05:01 PM
F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.

The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:

Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 150,667

Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.

sunnymit
07-12-2010, 05:22 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

coolgc
07-12-2010, 05:22 PM
Hope, they move further in next month's bulletin.

kartikiran
07-12-2010, 05:26 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.

I am truly happy for you.

spicy_guy
07-12-2010, 05:27 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D

kondur_007
07-12-2010, 05:30 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF “OTHERWISE UNUSED” NUMBERS

INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.


This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).

Indication that EB2 India will get huge numbers...this is just explanation as to why:)

dkshitij
07-12-2010, 05:33 PM
if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits.

Why don't we then see quarterly spillover?

rweworld1
07-12-2010, 05:38 PM
Hi,

My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?

thanks,

Rwe

sammas
07-12-2010, 05:41 PM
Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck!

smuggymba
07-12-2010, 05:44 PM
Hi,

My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?

thanks,

Rwe

be ready next month my friend.

gcnirvana
07-12-2010, 05:50 PM
I think you are in. Good Luck!
Mine is 3/21/06. So close...yet seems like so far :(

Hi,

My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?

thanks,

Rwe

calgirl
07-12-2010, 05:55 PM
Where does it say in the bulletin that it will move in the next bulletin?

QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]

andycool
07-12-2010, 05:56 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF “OTHERWISE UNUSED” NUMBERS

INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D

sunnymit
07-12-2010, 05:58 PM
Thanks KartiKiran and spicy_guy...

desigun
07-12-2010, 06:09 PM
My PD is Oct. 07 (EB 2)

Gurus.. pls advise.

Could i expect my dates to be current by mid of 2011?

Thanks,

sammas
07-12-2010, 06:16 PM
Where does it say in the bulletin that it will move in the next bulletin?

QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]
Calgirl,

If you look at my post, I mentioned the word "HOPEFULLY" and also I did not say that it is mentioned in the current bulletin. I was just trying to be OPTIMISTIC.

TeddyKoochu
07-12-2010, 06:18 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

Congrats Sunny & All the best must be a great feeling for you and your wife. I sincerely hope you are approved next month; you are one of the senior most in the group. All the very best.

gimme_GC2006
07-12-2010, 06:22 PM
All right I am current again..exactly after 2 years

So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

mwuahhhaaaa...c'mon..come to papa now :D:D

tick..tock..tick..tock :rolleyes:

reachneel
07-12-2010, 06:29 PM
Yup in the same boat :D, hopefully we will cross the gate this time

cableching
07-12-2010, 06:44 PM
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D

Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!

ZigZag
07-12-2010, 06:51 PM
Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck!

That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.

calgirl
07-12-2010, 06:53 PM
sammas..

Ahh.. Thought I missed something in the loong document..

Thanks..

copsmart
07-12-2010, 06:55 PM
:D I don't know what to say. But, keep your Fingers, Toes, Arms and Legs crossed.

Good Luck!!!

All right I am current again..exactly after 2 years

So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

mwuahhhaaaa...c'mon..come to papa now :D:D

tick..tock..tick..tock :rolleyes:

gimmeacard
07-12-2010, 06:57 PM
my PD is april 2006, hope it comes soon

GC_Waiter_2000
07-12-2010, 07:08 PM
Current again after 2 Years.

Is it necessary to act (like opening SR, Info-pass, meeting Senators, Congressman etc..) so that I can get a seat in the Bus at least this time? Not to mention there is no proper queue this system (FIFO) here.

Thanks

nandakumar
07-12-2010, 07:14 PM
Like wise :rolleyes:

All right I am current again..exactly after 2 years

So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

mwuahhhaaaa...c'mon..come to papa now :D:D

tick..tock..tick..tock :rolleyes:

pv2715
07-12-2010, 07:41 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.

Hi,

Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!

Thanks,

saro28
07-12-2010, 07:48 PM
Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card


understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

tooclose
07-12-2010, 07:49 PM
Hi,

My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?

thanks,

Rwe

Well my PD is 3-Mar-2006. So close but too far. :mad:

tooclose
07-12-2010, 07:52 PM
Hi,

Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!

Thanks,

Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?

Gurus post your thoughts...

tooclose
07-12-2010, 07:59 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.

You deserve a happy hour if thats true, since my PD falls within that window :)

webr
07-12-2010, 08:09 PM
cut-off dates are equal for both India & china. Does that mean that both are going to jump in August bulletin? Hope they move it further to atleast Dec 2006.

Stop being selfish first , you will get automatically then.... You wanted to move dates , since your PD Is Dec 2006 ... There are tons waiting after your dates. Just consider others.

snthampi
07-12-2010, 08:16 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

Congrats and good luck!

tooclose
07-12-2010, 08:23 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

Many congrats! This must be a huge relief to you and your dependents. Enjoy !!!

masterji
07-12-2010, 08:24 PM
Can not wait till Aug 1 :D

tooclose
07-12-2010, 08:25 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.

Zigzag, do you know where we can lookup this information ? Thanks.

prem_goel
07-12-2010, 09:15 PM
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!

So looking at the demand data used for determining Aug bulletin,

http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

how far do you think it'll progress next month?

gimmeacard
07-12-2010, 10:00 PM
So looking at the demand data used for determining Aug bulletin,

http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

how far do you think it'll progress next month?

AUG BULLETIN is already out, it moved to March06 for EB2,

srmeka
07-12-2010, 10:04 PM
Yup in the same boat :D, hopefully we will cross the gate this time

I am also in the same boat. Current after 2 years. My buddies with similar PD got lucky in 2008. Will have to wait till August to test mine. Congrats to all those got current and good luck to all those waiting. Hopefully dates will move forward in some reasonable order from now on. Thanks.

Michael chertoff
07-12-2010, 10:06 PM
AUG BULLETIN is already out, it moved to March06 for EB2,

He is talking about next month (September). I think we have to wait for next year now.

rweworld1
07-12-2010, 10:07 PM
Thanks for good wishes and congratulations to all who become current.

Regarding cutoff date I'm hearing multiple theories -

A. if it says 1st March - then prior to that consider as active - 1st of March is not included

B. some says 1st March is included because it is like UNTIL 1st March

C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.

D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.

Wow so many options looks like I need to poll this and then wait until next bulletin :)

Once again thanks for good wishes and Congratulations who were waiting for longer period.

-Rwe

tooclose
07-12-2010, 10:13 PM
Thanks for good wishes and congratulations to all who become current.

Regarding cutoff date I'm hearing multiple theories -

A. if it says 1st March - then prior to that consider as active - 1st of March is not included

B. some says 1st March is included because it is like UNTIL 1st March

C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.

D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.

Wow so many options looks like I need to poll this and then wait until next bulletin :)

Once again thanks for good wishes and Congratulations who were waiting for longer period.

-Rwe

wow... too many options ... do u know the source for any of these ?

shreekhand
07-12-2010, 11:15 PM
What is the need for all this ? The visa bulletin is out but no one cares to read it I guess. Every bulletin has these or words to this effect.

"Only applicants who have a priority date earlier than the cut-off date may be allotted a number."

So the date that you see in the table is NOT eligible for visa numbers.


Thanks for good wishes and congratulations to all who become current.

Regarding cutoff date I'm hearing multiple theories -

A. if it says 1st March - then prior to that consider as active - 1st of March is not included

B. some says 1st March is included because it is like UNTIL 1st March

C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.

D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.

Wow so many options looks like I need to poll this and then wait until next bulletin :)

Once again thanks for good wishes and Congratulations who were waiting for longer period.

-Rwe

rockstart
07-13-2010, 06:02 AM
I am current as well.

tooclose
07-13-2010, 08:14 AM
What is the need for all this ? The visa bulletin is out but no one cares to read it I guess. Every bulletin has these or words to this effect.

"Only applicants who have a priority date earlier than the cut-off date may be allotted a number."

So the date that you see in the table is NOT eligible for visa numbers.

Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.

Congrats to all to have received it and good luck to those who have become current !

kanakabyraju
07-13-2010, 08:23 AM
YES. You will be all set.

My PD is Oct. 07 (EB 2)

Gurus.. pls advise.

Could i expect my dates to be current by mid of 2011?

Thanks,

kanakabyraju
07-13-2010, 08:29 AM
All right I am current again..exactly after 2 years

So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

mwuahhhaaaa...c'mon..come to papa now :D:D

tick..tock..tick..tock :rolleyes:

You really made me laugh. Thanks

xela
07-13-2010, 09:09 AM
I know most of you are EB2 but hey I am happy that EB3 finally moved to 2004 now I just am waiting for it to go to june 2005 and I just might get my card ;-)

Grats to all that became current and good luck guys! I know being current doesnt always mean you get your crad right away, so I wish you all the best!

:)

FinalGC
07-13-2010, 09:27 AM
Hi,

Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!

Thanks,

March 1 is NOT included.......See attachment Page 1 paragraph 5....

The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

Hopefully next round of spillover buddy....hang in there...:-)

frostrated
07-13-2010, 09:37 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?

pv2715
07-13-2010, 10:13 AM
March 1 is NOT included.......See attachment Page 1 paragraph 5....

The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

Hopefully next round of spillover buddy....hang in there...:-)

Thanks...Excerpt from the same document

Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)

thomachan72
07-13-2010, 10:20 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?

Interesting question. You are probably quite accurate but there still remains some hope of a few months movement:D:D

frostrated
07-13-2010, 10:20 AM
when is the next 485 pending inventory report due?

speddi
07-13-2010, 10:25 AM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

Thank you

tooclose
07-13-2010, 10:47 AM
Thanks...Excerpt from the same document

Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)

Source please... or are you just kidding ?

punjabi
07-13-2010, 10:53 AM
Congratulations!!

I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.

Good Luck, my friend!


understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

saatiish
07-13-2010, 11:02 AM
Here is the source ....
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
Click "Operation of the Numerical Control Process "

kaella
07-13-2010, 11:03 AM
I think it was referenced some where else in this thread , anyways here you go

http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf


Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
under the 1st, the eighth through the fourteenth under the 8th, etc.)

Source please... or are you just kidding ?

saatiish
07-13-2010, 11:04 AM
Dude! Just follow the upstream thread and you will find a .PDF document from finalgc
you seem to be right - the doc does say that ! - you made my day - MORE SOUP FOR YOU !

yagw
07-13-2010, 11:06 AM
Thanks...Excerpt from the same document

Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)

It is not a contradiction to the previous statement.

Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...

Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.

tooclose
07-13-2010, 11:20 AM
you seem to be right - the doc does say that ! - you made my day - MORE SOUP FOR YOU !

Great ! Now atleast my application has a slim chance of getting in.

:)

pv2715
07-13-2010, 11:24 AM
It is not a contradiction to the previous statement.

Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...

Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.

Yagw,

I understand this is a mute point of debate for most of us and I am trying to clarify a statement made in the PDF document for the benefit of people whose PDs fall under these days. Under the operational guidelines issued, it appears that any PD that falls under days 1-7 of calendar month falls under the cutoff day 1 and so on.

tooclose
07-13-2010, 11:24 AM
It is not a contradiction to the previous statement.

Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...

Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.

yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)

saatiish
07-13-2010, 11:40 AM
Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.

yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)

tooclose
07-13-2010, 11:54 AM
Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.

Well its a no-brainer that Mar 1-7 would be processed if Mar 8 is the cut off date. It makes me think twice when they have the clause about Mar 1 - 7 if 1st is the cut-off date.

We will get to know early next month. Good luck to all !!!

battineni
07-13-2010, 12:05 PM
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.

Congrats to all to have received it and good luck to those who have become current !
TooClose,

Don't worry you will get it soon....!!

I'm waiting for these dates from long longgggggg time....:-((

ca_immigrant
07-13-2010, 12:18 PM
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).

Indication that EB2 India will get huge numbers...this is just explanation as to why:)



be ready next month my friend.


-:)

jayleno
07-13-2010, 12:57 PM
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
Source please... or are you just kidding ?

yagw
07-13-2010, 01:03 PM
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)

Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!

WAIT_FOR_EVER_GC
07-13-2010, 01:05 PM
Read this thread and understand what Q, GC Perm and Teddy are saying.
We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
The can even extend to sep 2006 to capture all visas and move it back to June 2006.

Go and read that rather then guessing



Buddy...what do you mean source please...scroll up and look for an attachment. Use it.

phillyag
07-13-2010, 01:19 PM
sorry if this has been asked...

if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.

Is there anything we can do to shake this up or just wait.

WAIT_FOR_EVER_GC
07-13-2010, 01:40 PM
I am in the same boat.
You can't do much. Some say opening an SR is like raising a red flag,they might want to interview you. Get an info pass will have the same effect.
So I believe we should wait and let see if the ones before us have been cleared
and if not what steps have they taken.

Just enjoy the feeling that we are current in Aug and soon our wish will come true.
Insha Allah

sorry if this has been asked...

if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.

Is there anything we can do to shake this up or just wait.

vkrishn
07-13-2010, 02:57 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.

Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.

I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?

rockstart
07-13-2010, 03:12 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.

Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.

I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?


My case is exactly same as yours except my PD is Feb 27th and I received an RFE for Birth Certificate when the dates went current in 2008 August. Since then I saw LUD's for 3 weeks and then its been all quiet I am hoping that means application was pre adjudicated.

gimmeacard
07-13-2010, 03:51 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.

Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.

I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?


are you with cisco? i am from there

akshaya10001
07-13-2010, 04:19 PM
Few points to add......

Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.

EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.

The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
2> ROW EB3 porting to EB2.

Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.

second point is the only negative for spill over numbers.

Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.

So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep ‘2011.

HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.

ZigZag
07-13-2010, 04:28 PM
See the attachment which I had come across in this forum and saved it

Hope this is helpful.

sunnymit
07-13-2010, 04:44 PM
Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card

I wouldn't think of not renewing my EAD if I were you. Of course I don't know your case details, but if your EAD is expiring anytime soon, just renew it. Its worth the $380 or so you will have to shell out. Not to dishearten you (or myself) but I know someone who has been waiting to get a GC and he has a PD of Jun 2001. u never know how long it might take...

WAIT_FOR_EVER_GC
07-13-2010, 04:44 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.

Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.

I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?

Why did you not open an SR. I was in the same situation, my company replied back to the RFE and the status still says we recieved your RFE. I opened an SR to find out my position this March, they said they are waiting for visa to get current.

Try opening an SR and just find status.

gimmeacard
07-13-2010, 06:02 PM
See the attachment which I had come across in this forum and saved it

Hope this is helpful.

just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2

reasoning was Oct # would be released so they r trying to capture as many # as they can

I am april 2006 and it seems it will be a 1 yr wait for me now.

gimmeacard
07-13-2010, 06:08 PM
hoping we dont see another retrogression

spicy_guy
07-13-2010, 07:38 PM
August 2010 Visa Bulletin – EB-2 and EB-3 Substantial Forward Movement (http://www.cilawgroup.com/news/2010/07/13/august-2010-visa-bulletin-%E2%80%93-eb-2-and-eb-3-substantial-forward-movement/)
"
Forward Movement Is Temporary

Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins’ forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.

Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
"

vkrishn
07-13-2010, 07:57 PM
I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?

WAIT_FOR_EVER_GC
07-13-2010, 08:46 PM
just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2

reasoning was Oct # would be released so they r trying to capture as many # as they can

I am april 2006 and it seems it will be a 1 yr wait foir me now.

This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
He must have said Aug 2006 not Aug 2005.
Whoever the lawyer is, he has no idea of how cutoff dates are calculated

WAIT_FOR_EVER_GC
07-13-2010, 08:49 PM
I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?

Call USCIS, there number should be listed on the receipt or online.
Ask them to open an SR as your cases has passed the normal processing time.
They will do that for you

vkrishn
07-13-2010, 10:05 PM
I called at 5PM PST after looking at USCIS website and had to enter "3" (Which basically says you have a problem with your case) after i enter my receipt number to talk to a rep. Spoke to a Rep and filed a SR. They have given me Aug 12th as the "target date" by which i should get a response. I am ok with an interview as my case is pretty clean and don't see a reason to be denied. As long as i know that the case is being processed i am ok.

Thanks anyway wait_for_ever_gc.

To the person who asked me whether i work at Cisco? : No i don't..

gimme_GC2006
07-15-2010, 11:53 AM
We got a call from USCIS person for verifying our address. She said our finger prints have been expired and will send new notices (which will reach us in about 3 weeks)

hmm.

andycool
07-15-2010, 12:02 PM
We got a call from USCIS person for verifying our address. She said our finger prints have been expired and will send new notices (which will reach us in about 3 weeks)

hmm.

wow this interesting so they are looking at cases which are current for August ...:)...

did you change your address recently ??
When did you get The Call.

Thanks

gimme_GC2006
07-15-2010, 12:09 PM
wow this interesting so they are looking at cases which are current for August ...:)...

did you change your address recently ??
When did you get The Call.

Thanks

No changes in my status..not even phone company. :D

It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...

Looks like they are doing something with cases for sure :cool:

andycool
07-15-2010, 12:11 PM
No changes in my status..not even phone company. :D

It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...

Looks like they are doing something with cases for sure :cool:

Is your case still @ Local Office

gimme_GC2006
07-15-2010, 12:12 PM
Is your case still @ Local Office

I think so..atleast there were no LUDs

Thats actually a good question..now I am thinking :confused:

Novice
07-15-2010, 01:31 PM
I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?

kramesh_babu
07-15-2010, 01:49 PM
People say you can still use your AP to reenter as long as its not expired.

I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?

nogreen4decade
07-15-2010, 02:36 PM
I think you are in. Good Luck!
Mine is 3/21/06. So close...yet seems like so far :(
Mine is 03/20/2006. I know what you mean by so close, yet so far! I am going to complete 11 years in US soon :(.:mad::mad::mad::mad:

neverbefore
07-15-2010, 06:27 PM
My case is exactly same as yours except my PD is Feb 27th and I received an RFE for Birth Certificate when the dates went current in 2008 August. Since then I saw LUD's for 3 weeks and then its been all quiet I am hoping that means application was pre adjudicated.

Folks, we had an interview in December of 2008 and the IO said that had the dates been current, she would have approved our 485.

Now that we should get current from August 1, can you hazard a guess as to what might most likely happen? Do you think we might get a biometrics notice once again since fingerprints expire after 1 year (my understanding)? Or do you think we might get a CPO notice? Or some other third thing?

Please enlighten. :confused:

Thanks and best regards.

vkrishn
07-15-2010, 07:02 PM
Interesting that I did fingerprinting only in 2007 Nov/Dec after applying for I485 during the July 2007 fiasco. I have not received any fingerprinting notice since then. Guess I made an impression with my fingers. :)

I wonder why people are getting fingerprinting notices every year? I read a couple of cases about it.

Getting my EAD renewed, even though i am not on it. Renewal Package sent to USCIS.
Getting my AP renewed. Our company Attorney does it even though i don't use it and i am on H-1. Renewal Package Sent to USCIS.
Getting my H-1 renewed as it expires this Oct 10. Finished my 6yrs on H-1. Renewal Package Sent to USCIS.

If i get my I485 Approved in August, then USCIS gets all the money from the renewals that were sent for my case.

justAnotherFile
07-15-2010, 09:44 PM
I got one FP done after filing I-485 and another when I first applied for EAD (18 motnhs back)
My spouse got only one FP request after I-485 and none during EAD renewals.

I wonders if we use AP to enter, do the fingerprints taken at the port of entry automatically get registered with our I-485 application. Because when we enter on AP there is a additional stepo at the port of entry where dat ais entered into some system.

jsb
07-16-2010, 09:07 AM
Interesting that I did fingerprinting only in 2007 Nov/Dec after applying for I485 during the July 2007 fiasco. I have not received any fingerprinting notice since then. Guess I made an impression with my fingers. :)

I wonder why people are getting fingerprinting notices every year? I read a couple of cases about it.

Getting my EAD renewed, even though i am not on it. Renewal Package sent to USCIS.
Getting my AP renewed. Our company Attorney does it even though i don't use it and i am on H-1. Renewal Package Sent to USCIS.
Getting my H-1 renewed as it expires this Oct 10. Finished my 6yrs on H-1. Renewal Package Sent to USCIS.

If i get my I485 Approved in August, then USCIS gets all the money from the renewals that were sent for my case.

Your company should be quite rich to keep paying for EAD's and AP's you don't need, with their periodical extensions, and also for your H1 renewals....

illinois_alum
07-16-2010, 09:15 AM
Your company should be quite rich to keep paying for EAD's and AP's you don't need, with their periodical extensions, and also for your H1 renewals....

Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D

rockstart
07-16-2010, 09:46 AM
I hope some lawyer on this forum or on their respective websites can answer this question I think most folks have given their FP's only once some where from Oct - Dec 2007 time frame and USCIS said they do not need more FP's for most cases since they now have the ability to reuse the FP's. My guess is unless you have a criminal record of some kind or perhaps your name appears in the POI list they do not call you for FP again perhaps some random cases as part of Quality checks might be included but thats it.

Does any one remember any statements made by the Ombudsman about preadjudication?

vkrishn
07-16-2010, 12:32 PM
Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D

Its all about investing in the employee and has worked so far. ROI to the company is huge if the employee is taken care of (atleast on immigration issues). Employee can just concentrate on getting the job done and making sure the best products come out of the door on time to the end user making the company profitable.

My take: Money they spend on immigration issues (Law Firm, Renewals) should be peanuts to the profit the company makes.

sundar61982
08-06-2010, 05:52 PM
Got email approvals on our I485 with PD of Mar10 2006 on EB-2.. Was at NSC.. Looks like they are processing beyond the Mar1st cutoff date..

superdude
08-06-2010, 06:04 PM
Got email approvals on our I485 with PD of Mar10 2006 on EB-2.. Was at NSC.. Looks like they are processing beyond the Mar1st cutoff date..

How come your priority date in the profile says Jan 06. And now you say Mar10 got approved. Please share more information on your case.

Priority Date:
Service Center:
Received Date:
Notice Date:
Changeability Country

nlssubbu
08-06-2010, 06:46 PM
I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?

I was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.

Wishing you to get your GC soon :)

murali77
08-06-2010, 08:38 PM
Hello Gurus.

My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.

My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?

Appreciate your inputs.

Thanks
Mo

bayarea07
08-06-2010, 08:46 PM
Read Post above yours and you will have the answer.

Hello Gurus.

My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.

My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?

Appreciate your inputs.

Thanks
Mo