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gc_check
02-12-2008, 12:39 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html

techskill
02-12-2008, 12:44 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html


Very good. EB2 India is unavailable.

coolct
02-12-2008, 12:44 PM
Very good move for EB3 India. That's a good news for some relief.

Circus123
02-12-2008, 12:48 PM
D. EMPLOYMENT VISA AVAILABILITY

The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.

gc_check
02-12-2008, 12:51 PM
Except India/China, EB2 Current for all. India Unavailable and China 01DEC03 (Jumped almost a year, this is the only change)

For EB3, Except India,Mexico other moved significantly.
All Charge-ability Areas Except Those Listed 01JAN05
CHINA-mainland born 01DEC02
INDIA 01AUG01
MEXICO 01MAY01
PHILIP-PINE 01JAN05

leoindiano
02-12-2008, 12:55 PM
Sometime back there was a post citing evidence from DOL database, there was only 3400 EB2 in 2004, 7500 in 2005, 12600 in 2006 labor apps cleared. and we all know that until april 2004 all EB2's got their GC's.

How come it becomes unavilable if that is the case? only USCIS can explain...

mallu
02-12-2008, 01:01 PM
I guess many those converted from India EB3 to EB2 must be 'repenting' now.
And all those sub.labors flying around with 1999,2000,2001 PDs.

kaisersose
02-12-2008, 01:06 PM
Sometime back there was a post citing evidence from DOL database, there was only 3400 EB2 in 2004, 7500 in 2005, 12600 in 2006 labor apps cleared. and we all know that until april 2004 all EB2's got their GC's.

How come it becomes unavilable if that is the case? only USCIS can explain...

There are plenty of EB2s from before April 2004 yet to clear their 485s due to BEC and NC delays. Also count in the number of recent EB3s who switched over to EB2 via interfiling.

EB2 April 2004 is still far off in the horizon for India.

chanduv23
02-12-2008, 01:08 PM
I think they bumped up ROW to make sure ROW utilizes maximum this year. The per country limits apply for first 3 quarters and in last quarter the left overs are utilized, and when such thing happened last year a lot of visas were given to India obviously because of heavy demand.

Congrats to those who got counted in the maximum utilization period last year and also congrats to ROW.

Now I understand what USCIS does. it follows simple game theory. Everyone out there just need to hang out, cozz you may be lucky tis tiem, you may not be lucky this time, if you are not lucky - you are punished.

To undrstand more on what I am trying to say check this out

http://en.wikipedia.org/wiki/Brownian_motion

Circus123
02-12-2008, 01:24 PM
I think I get the Brownian motion too .. Though I feel a little dizzy now

nviren
02-12-2008, 01:39 PM
Hi,

In the past any leftover numbers from undersubscribed countries were being given to the oversubscribed countries in the final quarter of the year (Jul-Sept), That's how so many of indians and chinese got their GCs over last 4-5 years.

My question is, is that still the policy of the USCIS? Will USCIS use the leftover numbers from ROW for India/China.

The possibiliy of having quite a few of leftover numbers is high as ROW is current for EB2. That might bail out, to some extent, EB2 India.

You of course have to count the effect of new memorandum about FBI Name check into this mix.

Thanks,

Viren

I think they bumped up ROW to make sure ROW utilizes maximum this year. The per country limits apply for first 3 quarters and in last quarter the left overs are utilized, and when such thing happened last year a lot of visas were given to India obviously because of heavy demand.

Congrats to those who got counted in the maximum utilization period last year and also congrats to ROW.

Now I understand what USCIS does. it follows simple game theory. Everyone out there just need to hang out, cozz you may be lucky tis tiem, you may not be lucky this time, if you are not lucky - you are punished.

To undrstand more on what I am trying to say check this out

http://en.wikipedia.org/wiki/Brownian_motion

Googler
02-12-2008, 02:28 PM
Hi,

In the past any leftover numbers from undersubscribed countries were being given to the oversubscribed countries in the final quarter of the year (Jul-Sept), That's how so many of indians and chinese got their GCs over last 4-5 years.

My question is, is that still the policy of the USCIS? Will USCIS use the leftover numbers from ROW for India/China.

The possibiliy of having quite a few of leftover numbers is high as ROW is current for EB2. That might bail out, to some extent, EB2 India.

You of course have to count the effect of new memorandum about FBI Name check into this mix.

Thanks,

Viren

There have been many discussions of this in the past -- the ROW to India spillover doesn't happen on a category by category basis -- i.e. it is NOT that they first split the annual total into EB-1, EB-2, EB-3 and then if there are visas left in EB-2, they go to EB-2 India and China.

What happens is that there has to be an overall excess -- i.e. no adjudicated ROW applications for ANY EB category, only then are visas given to oversubscribed countries. In the past this happened because people were stuck in the FBI mess or because USCIS didn't process their application -- now the FBI namecheck blackhole is not an issue, so given the EB-3 ROW backlog, I don't think there will be any excess left for India or China.

Within a given country's limit spillovers happen as follows: EB-1 India excess goes to EB-2 India, EB-2 India excess goes to EB-3 India. At present no movement for EB-2 India because apparently EB-1 India are being used up at a rate which suggests that there is no excess there.

Plenty more on this on old Immigration Portal and IV threads, and I have confirmed that the process works this way by talking to the DOS official who sets cutoff dates.

Lisap
02-12-2008, 02:35 PM
When you PD becomes current does that guarantee that you will be getting your green card? Doesn’t your 485 application have to be adjudicated? For example according to the uscis processing times it could take any where from 12- 18 months to adjudicate the july/ aug applications. So if next month my pd becomes current will I be issued a GC even though my application hasn’t been adjudicated? Can someone please help me understand the process?

chanduv23
02-12-2008, 02:44 PM
When you PD becomes current does that guarantee that you will be getting your green card? Doesn’t your 485 application have to be adjudicated? For example according to the uscis processing times it could take any where from 12- 18 months to adjudicate the july/ aug applications. So if next month my pd becomes current will I be issued a GC even though my application hasn’t been adjudicated? Can someone please help me understand the process?

When PD becomes current RD comes into picture - so the game is not over yet. You may/may not get GC if dates move back and your RD does not move at that pace

BharatPremi
02-12-2008, 02:46 PM
When PD becomes current RD comes into picture - so the game is not over yet. You may/may not get GC if dates move back and your RD does not move at that pace

And in addition to that if your PD and RD both current but if you have not been kicked out of name check queue then also you will be waiting.

Lisap
02-12-2008, 02:52 PM
I dont understand.... what does rd have to do with all of this?

Googler
02-12-2008, 03:01 PM
I dont understand.... what does rd have to do with all of this?


Say your priority date is current, then what matters in processing is RD -- remember there are tens of thousands of current ROW applications now that the PD for EB-3 ROW is Jan 2005. So they will process by RD, and if they run out of green cards for the year before they process your particular application you are out of luck.

Note also that if you are a June-July 2007 filer, each RD has tens of thousands of applicants, so it is pretty much luck of the draw.

Take my case for example, my namecheck was cleared in Nov 2007, my priority date was current at the time, my RD was June 6, 2007, but the pile of such cases was so huge, my particular file was never given to an adjudicator and here I am now with EB-2 India unavailable for the foreseeable future.

I also want people to keep in mind that these tens of thousands of applications are kept on filing shelves -- this is a paper based process -- do you know how your desk looks if there are more than 20 files on it? Can you order and pull them out efficiently? No. Now imagine several hundred thousand files, which are checked by running a barcode wand over them -- pretty darn easy for one file to get buried.

GCard_Dream
02-12-2008, 03:03 PM
If "A" submitted an application 2 months before "B" but PD becomes current for both A & B at the same time, application submitted earlier (by A) will get processed first. In other words, when PD is current, applications get processed on the basis of "Receive Date".

I dont understand.... what does rd have to do with all of this?

Lisap
02-12-2008, 03:04 PM
Say your priority date is current, then what matters in processing is RD -- remember there are tens of thousands of current ROW applications now that the PD for EB-3 ROW is Jan 2005. So they will process by RD, and if they run out of green cards for the year before they process your particular application you are out of luck.

Note also that if you are a June-July 2007 filer, each RD has tens of thousands of applicants, so it is pretty much luck of the draw.

Take my case for example, my namecheck was cleared in Nov 2007, my priority date was current at the time, my RD was June 6, 2007, but the pile of such cases was so huge, my particular file was never given to an adjudicator and here I am now with EB-2 India unavailable for the foreseeable future.

I also want people to keep in mind that these tens of thousands of applications are kept on filing shelves -- this is a paper based process -- do you know how your desk looks if there are more than 20 files on it? Can you order and pull them out efficiently? No. Now imagine several hundred thousand files, which are checked by running a barcode wand over them -- pretty darn easy for one file to get buried.

Thank you for explaining.... I am sorry to hear that you didnt make it before the cutoff.... wow they certainly dont make any of this easy.....

eeezzz
02-12-2008, 03:24 PM
How do you know your name check is cleared ?
By checking the status with your LIN number online and it will tell you when your name check is cleared ?
Thanks

BharatPremi
02-12-2008, 03:39 PM
How do you know your name check is cleared ?
By checking the status with your LIN number online and it will tell you when your name check is cleared ?
Thanks

In general you will not be able to know. Some times some lucky souls get that information while talking to officer during an infopass appointment. So to know that you may have to take infopass apoointmnet for sure. Ingeneral people from India China should take such appointment after 1 year of filing 485. (No such rule... India/China applicants has to rot for at least that long in general for name check):eek:

permfiling
02-12-2008, 03:46 PM
Hi folks,
Please contact your universities to urge lawmakers to move eb2 dates

THanks

user1205
02-12-2008, 03:54 PM
Also keep in mind all the people with old PDs that filed 140 and 485 at the same time and are now stuck in the 140 mess. As soon as that starts clearing out there will be a lot more demand for GC. I'm afraid we'll have to wait for some more time before it moves forward.

yabadaba
02-12-2008, 04:06 PM
ok..looking at the bulletins from last year..eb3-row was at 'june 2005' in the june 2007 bulletin. What I am hoping this means is that the dates havent been moved far enough for there to be some impact (however small) for eb2 india in the 3rd quarter.

H4_losing_hope
02-12-2008, 04:08 PM
Folks I just read the VB news and while this is great relief for some, it does not solve the backlog issues for many. Please see this as an incentive to collect signatures from your friends for this letter campaign and make IV's voice heard. We are on a momentum and in this together.

needhelp!
02-12-2008, 04:16 PM
Please join me in welcoming BharatPremi out of hibernation!! Vasant/Basant is here !!

In general you will not be able to know. Some times some lucky souls get that information while talking to officer during an infopass appointment. So to know that you may have to take infopass apoointmnet for sure. Ingeneral people from India China should take such appointment after 1 year of filing 485. (No such rule... India/China applicants has to rot for at least that long in general for name check):eek:

gc_freedom
02-12-2008, 04:17 PM
Participate in the letter campaign and make it a success to see EB2 changed to available.Wish they make all EB catogries current for all folks.

Thanks,

Gc_freedom :o

jonty_11
02-12-2008, 04:34 PM
I think Indians need to wake up to the harsh reality that they may be sitting in wait-mode for the restof their lives...Lets do something...Letter campaign is a good first..
C'mon folks wake up...or get taken for a ride like we have been for the last 6-10 years.

Googler
02-12-2008, 04:47 PM
How do you know your name check is cleared ?
By checking the status with your LIN number online and it will tell you when your name check is cleared ?
Thanks

An IO told me -- most of them don't this one was unusually chatty. However, now all that matters is whether your NC has been pending for 180 days, if it has then it is no longer going to be a roadblock for you -- just your PD being current or not current.

vnsriv
02-12-2008, 05:25 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html

I believe this is a typo 'pubished'?

BharatPremi
02-12-2008, 05:44 PM
Please join me in welcoming BharatPremi out of hibernation!! Vasant/Basant is here !!

Yes. Thanks. Still kind of stuck with hibernation but took a quick break to visit here. I am hoping to come out of hibernation this week. MS after 3rd round said "Sorry" ---(Perhaps reaching to 3rd round ...can be called credit? I do not know..) so it is still a dream.

alterego
02-12-2008, 07:01 PM
Due to the thoughtless way in which PDs were set for EB2 India earlier this year, they used up the entire quota in 1 quarter. Thus they put all EB2 India applications in a warehouse.
Imagine if you had a 2003 PD India EB2 application, which was either in the Backlog center or in namecheck. Basically, you were denied the chance to adjust due to poor planning and use of visa numbers.
Now they want to use up numbers and they have targeted EB3 ROW, so over the next few months they will approve a whole lot of those and will even use any excess Eb2 ROW numbers in EB3 ROW, basically bring EB3 ROW as close to current as possible.
Between the above strategy and the new rule on namechecks and Adjustment of status, I see no chance of any spillover for EB2 India. If EB3 India use spikes up with this or future movements, they will basically make that U as well. I see that coming in the next 2-3 months at most.

Only hope for EB India this year. VISA RECAPTURE.
Otherwise we can revisit this discussion this time next year.

The administrative fixes campaign has requested visa recapture as one of the provisions.

Have you written your letter?

Pegasus503
02-12-2008, 07:28 PM
I dont understand.... what does rd have to do with all of this?

the RD is important as this is the date your case was entered into the USCIS service center.


the current data for Texas is found at:

https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

as of 15 Jan 08 Texas was processing i-140 with RD June 21, 2007 and i-485 with RD May 24, 2007.

It's useful because it gives an indication of where the case load has reached,

of course if your case has RFEs etc you could become the exception.

Also all EB types are lumped together so there could be EB1s / EB2s /EB3s etc there is no seperated statistic.


*****

Here's what I look for in my case (i-140 approved so I am looking at i-485):

1) PD - Visa Bulletin, I am ROW EB3, the dates moved from 1 Nov 2002 to 1 Jan 2005, effective 1st March 2008.
My PD is 25 Nov 2002 (1,905 days ago) so I feel better today.

2) RD - my RD in Texas is 16 May 2007 (272 days ago) according to the last update (15 Jan)
Texas processing time frame was 24 May 2007, so I'm in the right "ball-park"

check the email address at the top of this post,

Another great resource is

http://www.immigrationwatch.com/immi_predict_form.jsp

enter your case number (SRC for Texas) and check the current trend, there's also a prediction which you can take with a huge grain of salt.




3) FBI / name check - there was no way of knowing where you are in this line, but last weeks news is great. My finger print date was 23 June 2007, who knows when I will get approval, but last weeks rule allows 180 days, which in my case was 20 Dec 2007. More reasons to feel good.


4)RFE - request for evidence, I didn't submit my medical when I filed i-485, so they sent an RFE, I submitted the medical and got an acknowledgement dated 27 Nov 2007. USCIS said they would complete the RFE within 60 days, but they also have a further 30 days grace period which in my case would be 25 Feb 2008. I hope to feel good in 2 weeks time.

******

finally I'd like to share how to read your case number


Your case number is in the following format (ignore the dashes): aaa-xx-yyy-z-mmmm, where:

aaa: The service center that received your case. For example:
SRC - Texas Service Center

xx: The fiscal year of USCIS, from October 1 to September 30. Cases filed from 10/01/2006 to 09/30/2007 will have xx = 07

yyy: The working day of the fiscal year when your case is received. 10/01 = 001, because USCIS works on a fiscal year beginning 1st October, it’s working day so allow for weekends and holidays.

z: Either 5 (in database) or 0 (paper files)

mmmm: A serial number assigned to your case based on the number of cases received that day, starting from 0001


My case is SRC-07-170-5-****
means Texas - 2007 - 16 May 2007 - database - ****


Sorry to be long winded, hope this helps somebody.


Good luck to all.

skay
02-12-2008, 07:37 PM
Now that EB3 India has finally moved out of the May 2001 dark hole to August 2001, what do you folks think the movement will be in the next few months?

Pegasus503
02-12-2008, 07:39 PM
I know that most of us are familiar with this, but there are often “newbies” here who may be new to the system.

A LUD stands for Last Updated Date, which is the last date USCIS took an action on your case. You may find LUD's for your I-485, or any other cases you filed with the USCIS and have received receipt numbers, using the online case status checking system.

Not every LUD triggers an action, it is often just a date stamp that USCIS touched your file (there for audit purposes).

The online checking system is great to check case status,


https://egov.uscis.gov/cris/jsps/index.jsp

I highly recommend registering.


you can enter your email and have automatic case update alerts.

ajju
02-12-2008, 08:41 PM
Sometime back there was a post citing evidence from DOL database, there was only 3400 EB2 in 2004, 7500 in 2005, 12600 in 2006 labor apps cleared. and we all know that until april 2004 all EB2's got their GC's.

How come it becomes unavilable if that is the case? only USCIS can explain...

Older than April 2004... 2 in my office itself... So this assumption is baseless...

Plus there are hell lot of substitues (I am not a fan of substition.. so pardon my language) and PD transfer cases.. No one know for sure the numbers and thats the excuse/cover for USCIS laziness...

CADude
02-13-2008, 02:24 AM
I am sorry but None. It will get "U" and join the EB2 party. Only 3K visa# allowed for year including dependent. It's nothing based on waiting queue.

Now that EB3 India has finally moved out of the May 2001 dark hole to August 2001, what do you folks think the movement will be in the next few months?

wc_user
02-14-2008, 12:51 AM
Now that EB3 India has finally moved out of the May 2001 dark hole to August 2001, what do you folks think the movement will be in the next few months?

I think EB3 India might move forward further considering that not many EB3 India applications have been approved this year. Also, in June/July of this year, it might move significantly forward if there are unused visas. I think I am being quite optimistic here :-)