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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 09-23-2010, 01:36 PM
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Default Visa bulletin updates from Charles Oppenheim

A lawyer posted this on his website

Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News

Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

General Visa Number Trends

Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

Visa Bulletin Predictions – Employment-Based

Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.

EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months – by one or two weeks at a time for the next few visa bulletins.

EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins — perhaps by one or two weeks at a time.

EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.

Visa Bulletin Predictions – Family-Based

Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
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  #2 (permalink)  
Old 09-23-2010, 01:45 PM
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Default Visa Bulletin Predictions

Thanks eastindia for the posting Visa Bulletin Predictions and Updates!
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  #3 (permalink)  
Old 09-23-2010, 01:53 PM
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Default

Quote:
Originally Posted by eastindia View Post
A lawyer posted this on his website

Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News

Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

General Visa Number Trends

Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

Visa Bulletin Predictions – Employment-Based

Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.

EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months – by one or two weeks at a time for the next few visa bulletins.

EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins — perhaps by one or two weeks at a time.

EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.

Visa Bulletin Predictions – Family-Based

Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
So basically . There will be no movement for EB2 india.
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  #4 (permalink)  
Old 09-23-2010, 02:33 PM
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Default Wake up EB2 INDIA -- Beware of Portings

"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
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  #5 (permalink)  
Old 09-23-2010, 02:47 PM
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Default

Quote:
Originally Posted by rsharma View Post
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
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  #6 (permalink)  
Old 09-23-2010, 02:50 PM
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Default

Dude... Whatz up?

If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..

Quote:
Originally Posted by rsharma View Post
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
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  #7 (permalink)  
Old 09-23-2010, 02:56 PM
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Default right ..

Totally agree with admin2. Rules are rules .. if you can apply and get thru EB2 .. so others 'qualified' have the right to do so.
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b) contact (ph#, email),
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Until Congress enacts legislation to eliminate backlogs, people who cannot file I485 will always be in limbo and at the mercy of endless H1B visa extensions and visa stamps. Join us and be a part of future IV initiatives to push USCIS to allow I485 filing without current PD.
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  #8 (permalink)  
Old 09-23-2010, 02:59 PM
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the problem is that some of us are likely to eat his lunch
Quote:
Originally Posted by Administrator2 View Post
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
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  #9 (permalink)  
Old 09-23-2010, 03:05 PM
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Default yeah right..

Now you are going to protest porting..do u have a slightest idea of how it is to wait for 10 years in the GC queue. This is not because people were not eligible for EB2 at that time, but rather due to the lawyer and employer mess ups. And there is no wrong in someone going to the front of the queue if they were able to prove that they are eb2 worthy..

Quote:
Originally Posted by rsharma View Post
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
__________________
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Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #10 (permalink)  
Old 09-23-2010, 03:07 PM
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It's very selfish of rsharma....shameful!

I've applied in EB-3 in 2006 but was unable to port my PD because I was not aware of the fact that you need an approved 140 for porting. I've changed my jobs in Dec 2006 and now applied in EB-2 in 2008 with my current company.

I don't mind waiting longer (it's been 11 years) if EB-3 folks are porting to EB-2 because they've gained the necessary experience and have every right to get their GC just like EB-2 folks. Let's not try to tear each other down.

Good luck to all of us!
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  #11 (permalink)  
Old 09-23-2010, 03:13 PM
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Thumbs up

Quote:
Originally Posted by eb3retro View Post
Now you are going to protest porting..do u have a slightest idea of how it is to wait for 10 years in the GC queue. This is not because people were not eligible for EB2 at that time, but rather due to the lawyer and employer mess ups. And there is no wrong in someone going to the front of the queue if they were able to prove that they are eb2 worthy..
Agreed !
Employers and their law firms many a times screw up deliberately.....
If they apply for Eb3 then that guy gets stuck with that consulting firm for like 10 more years ! Which employer doesn't want that !!! Many of my friends have got stuck in EB3 lines due to employer/lawyer deliberate-goofups !! If they leave the company, they risk the money they gave for previous GC processes + the client.... becoz of contract terms... etc...

If EB3 candidates are eligible for EB2 porting, they MUST go for it...
If that is going to delay EB2, then so be it.... Its the right thing to do...
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  #12 (permalink)  
Old 09-23-2010, 03:15 PM
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Default

Quote:
Originally Posted by rsharma View Post
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
If portings from Eb3 to Eb2 are legit, and you still consider that to be fraud, then everybody's Eb-2 applications (resulting from with or without porting) are potential frauds.

Thats a ridiculous assumption!
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  #13 (permalink)  
Old 09-23-2010, 03:18 PM
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Default

Another basic information. I-140 needs to be approved on its own merit. Once it is approved, the dates would be ported. There's no such extra-scrutiny added related to "porting" exercise as such.
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  #14 (permalink)  
Old 09-23-2010, 03:24 PM
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eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute
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Visa Bulletin Predictions and Updates from Charles Oppenheim
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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0 out of 1 members found this post helpful.
  #15 (permalink)  
Old 09-23-2010, 03:42 PM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
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Join Date: Nov 2006
Posts: 996
Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute Administrator2 has a reputation beyond repute
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Quote:
Originally Posted by h1techSlave View Post
the problem is that some of us are likely to eat his lunch
It is not his lunch. We should not see all this as a zero sum game. We all ought to learn not to get dragged into meaningless Eb2 v/s Eb3 fight. It doesn't help anyone. Some of us in IV core had the opportunity to see this situation very closely and witness how it plays out in Washington. No matter who says/starts Eb2 v/s Eb3 fight, you will not get any different response from IV.

Our position and work on this situation is very clear. We are all in this together and we should all help each other out instead of pulling each other down. This is the only way to fix the problem.

Last edited by Administrator2; 09-23-2010 at 04:10 PM.
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