Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Analysis Discussion > Retrogression, priority dates and Visa bulletins
Click to log in with Facebook
Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

Reply
 
LinkBack Thread Tools Display Modes
  #61 (permalink)  
Old 11-13-2009, 04:28 AM
Donor
Priority Date
:
Aug-02
Category
:
EB3
I140 Mailed Date
:
04/11/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
02/07/2007
Compare
Join Date: Jan 2009
Posts: 112
PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute PresidentO has a reputation beyond repute
Default

Spill over does not need to happen every Q. It is purely based on demand and supply. If the visa office sees demand go south ( read really really south) and do not expect the demand to pick up for the rest of the year, yeah then the visa office will move the dated forward using spill over. if the demand is enough, meaning categories that are current are just using fine and CIS has enough backlogs VO does not move dates.

The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.

if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.

Just an F Y I, I havent read all 5 pages of this thread
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #62 (permalink)  
Old 11-13-2009, 08:46 AM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Jul 2007
Posts: 562
vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute
Default

Quote:
Originally Posted by PresidentO View Post

Just an F Y I, I havent read all 5 pages of this thread
Please read all pages and you will get a better idea of what is being done at this time.
__________________
Used AC21 twice
Greened on 07/20/10
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #63 (permalink)  
Old 11-13-2009, 11:08 AM
pcs pcs is offline
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
10/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Dec 2005
Posts: 302
pcs has a reputation beyond repute pcs has a reputation beyond repute pcs has a reputation beyond repute pcs has a reputation beyond repute pcs has a reputation beyond repute pcs has a reputation beyond repute pcs has a reputation beyond repute pcs has a reputation beyond repute pcs has a reputation beyond repute pcs has a reputation beyond repute pcs has a reputation beyond repute
Default It does not hurt to PICK low hanging fruits while we are marching towards a big meal

Guys... little fruits are like ration in a big march. .... that is VISA recapture etc...

Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...

Good leaders do not lead a tired and hungry force...

I have already started sending letters to Napaleto at USCIS...

Guys just send letters with a CUT PASTE of the rule....
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #64 (permalink)  
Old 11-13-2009, 11:29 AM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Jul 2007
Posts: 562
vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute
Default

If you do not have the time to meet the lawmakers or their aides, call them over the phone explain the situation and email the letter.

If 100s' of us try and 1 succeeds, we all succeed.
__________________
Used AC21 twice
Greened on 07/20/10
Bookmark and Share Compare Reply With Quote


1 out of 2 members found this post helpful.
  #65 (permalink)  
Old 11-13-2009, 12:05 PM
Member
Priority Date
:
Jul-08
Category
:
EB2
I140 Mailed Date
:
07/21/2009
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2009
Posts: 49
kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute kaarmaa has a reputation beyond repute
Default

Quote:
Originally Posted by vin13 View Post
If you do not have the time to meet the lawmakers or their aides, call them over the phone explain the situation and email the letter.

If 100s' of us try and 1 succeeds, we all succeed.
Good effort.

I will do my part. If you want to plan a conf call, I'm in.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #66 (permalink)  
Old 11-13-2009, 12:25 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2009
Posts: 19
El_Guapo will become famous soon enough
Default Are you interpreting the rule correctly?

The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
Bookmark and Share Compare Reply With Quote


1 out of 2 members found this post helpful.
  #67 (permalink)  
Old 11-13-2009, 01:09 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/03/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Jul 2007
Posts: 12
the_googly can only hope to improve
Default quarterly spillover

Not sure if we can conclude that there has been NO spillover. The dates have not moved back (retrogressed). You need more visa numbers than the quota - even to hold the dates. The only way to find out is to get the pending visa numbers report.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #68 (permalink)  
Old 11-13-2009, 01:48 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
11/20/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2007
Posts: 416
pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Default tough sell!

when was the last time you won a legal battel in 2 weeks/months/years time?

By the time this is ruled in our favor.. i am sure the CIR will be a reality...;-)

BTW... immigration policy is purely optional... US can do away with it..and you will have no say abt it.

I think instead of wasting time/money/effort on such an agenda...we must seek more realistic and practical short term solutions and BUT pursue our long term goal of CIR....

some of these short term policies can be:

a.) simultaneous filing of 140/485...
b.) 5 yr ead..without restrictions.
c.) add to the list..


IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

So i think we should pursue alternate reliefs with immediate effect.

just my 2cents.

Last edited by pointlesswait; 11-13-2009 at 02:02 PM.
Bookmark and Share Compare Reply With Quote


1 out of 5 members found this post helpful.
  #69 (permalink)  
Old 11-13-2009, 02:10 PM
Junior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
03/09/2007
Chargeability
:
Colombia
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
Compare
Join Date: Oct 2009
Posts: 3
agaudi will become famous soon enough agaudi will become famous soon enough
Default I'm with you

The are playing with all of us, At this point after almost 10 years of following the law in order to get a GC I guess that is better to be undocumented. They at least can swith jobs or do other things, not paying lawyers USICS fees taxes etc etc. We are prisoners in this broken immigration system. the other day I called USCIS to see why my and my family's apps haven't been processed yet. They said they will review my case. 5 days later I got three identical e mails telling me they are ACTIVELY working on our cases! Can you believe that? I'm tired of all of this and I want to do whatever it takes to finish with this, I think I can produce more for me, my family and this country, but I'm loosing my youth in this battle. Tell me what to do and I'll do it.
Bookmark and Share Compare Reply With Quote


1 out of 2 members found this post helpful.
  #70 (permalink)  
Old 11-13-2009, 02:27 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Jul 2007
Posts: 562
vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute
Default

Quote:
Originally Posted by El_Guapo View Post
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.

But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.

(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
__________________
Used AC21 twice
Greened on 07/20/10

Last edited by vin13; 11-13-2009 at 02:31 PM.
Bookmark and Share Compare Reply With Quote


1 out of 2 members found this post helpful.
  #71 (permalink)  
Old 11-13-2009, 04:13 PM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
10/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jan 2009
Posts: 165
nousername is infamous around these parts
Default Well said

Quote:
Originally Posted by pointlesswait View Post
when was the last time you won a legal battel in 2 weeks/months/years time?

IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

So i think we should pursue alternate reliefs with immediate effect.

just my 2cents.


With you on this bro.. You propose something and they ridicule you, you ask a question or question their intent they pull your thread off the main page and dump it someplace else..

Because of the above reasons I stopped donating (which I know they don't care, nor do I). I only visit this forum to help other members with their questions to which I might have an answer or share my experience, as like others even I have quite a lot of bad immigration experiences.
__________________
Disclaimer: I am not an attorney or immigration guru in anyway or form.
Contributions: Small contributions and participated in San Jose, CA rally. Contributed to 2009 campaign.
Reference: Have introduced few friends to IV.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #72 (permalink)  
Old 11-13-2009, 04:47 PM
Junior Member
Priority Date
:
Nov-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jun 2009
Posts: 10
SpookyH1Alien is on a distinguished road
Thumbs up

I am with you !! Lets do whatever it takes to get the spill over. Thats our only chance.
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #73 (permalink)  
Old 11-13-2009, 04:57 PM
Senior Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
07/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
Compare
Join Date: Jul 2007
Posts: 97
sunty is a name known to all sunty is a name known to all sunty is a name known to all sunty is a name known to all sunty is a name known to all sunty is a name known to all
Default

Waiting for the January bulletin is good...The spillover "might" happen then. But we should prepare and be ready from our side, with letters, appointments with Congressmen/Senators etc., so that we can immediately start action once the Jan bulletin is out.
__________________

Contributed to Flower campaign
Contributed to DC Rally fund
Tri-State Chapter member

Last edited by sunty; 11-13-2009 at 05:51 PM.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #74 (permalink)  
Old 11-13-2009, 05:10 PM
Senior Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
07/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
Compare
Join Date: Jul 2007
Posts: 97
sunty is a name known to all sunty is a name known to all sunty is a name known to all sunty is a name known to all sunty is a name known to all sunty is a name known to all
Default Ivams

A couple of documents about the

Immigrant Visa Allocation Management System (IVAMS)

This is the system that performs the analysis for the Visa demands/allocations etc...

http://www.state.gov/documents/organization/109134.pdf

http://www.state.gov/documents/organization/87963.pdf

Just on a side note, maybe to address the quarterly-spillover issue, this system needs to be updated/changed and since it will be "a decade long task" for the DOS to do it, we might not see the spillover for a while.....

Hope thats not the case though..
__________________

Contributed to Flower campaign
Contributed to DC Rally fund
Tri-State Chapter member
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #75 (permalink)  
Old 11-13-2009, 06:05 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Jul 2007
Posts: 562
vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute
Default

Can you please bring it down to 'dummies' level. Does it just mean they have a program that looks at country of chargebility, category, etc and spits out the A# of the ones based on the visa request?

I am assuming the progam will have some flexibility to change the criteria or parameters. I am not an IT person.

How will this affect our cause?
__________________
Used AC21 twice
Greened on 07/20/10
Bookmark and Share Compare Reply With Quote


0 out of 2 members found this post helpful.
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Visa Centers Waiting Times simplequestion Non-Immigrant Visas 1 03-15-2009 02:55 PM
Visa Centers Waiting Times simplequestion Non-Immigrant Visa 0 03-15-2009 11:18 AM
SPILL OVER From FAMILY CATEGORY? realizeit Retrogression, priority dates and Visa bulletins 5 08-13-2008 08:09 PM
Waiting for Visa Number.. pragir All other Green Card Issues 14 06-09-2008 07:07 PM
leaving US using H4 visa while waiting for GC.. HELP! gcloner All other Green Card Issues 2 04-15-2008 03:00 AM



All times are GMT -4. The time now is 10:54 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org