shreekhand
07-24 02:19 PM
A# is not a visa number but a file # assigned to each individiual applying for permanent immigration.
Visa number is something that is not visible to the petitioner but a way to count of how many visa are issued for the various categories by the DoS.
Pardon my intrusion here! I searched various forums but I couldn't get any solid threads on visa number because it is so common term the search always yields wrong threads! so can some one tell me..what is a visa number after filing 485? is it same a A # ? or is there another number besides A#? Do we see it on 485 reciept? if not how do I find out? I
Visa number is something that is not visible to the petitioner but a way to count of how many visa are issued for the various categories by the DoS.
Pardon my intrusion here! I searched various forums but I couldn't get any solid threads on visa number because it is so common term the search always yields wrong threads! so can some one tell me..what is a visa number after filing 485? is it same a A # ? or is there another number besides A#? Do we see it on 485 reciept? if not how do I find out? I
wallpaper and Patti Scialfa,
vjpmusa
07-15 06:37 PM
Done,
$5 for each family member. Thanks
Immigration Voice IV::$15.00::07/21/2008::7YFTT-Q6LM2::High5 donation vjpmusa
$5 for each family member. Thanks
Immigration Voice IV::$15.00::07/21/2008::7YFTT-Q6LM2::High5 donation vjpmusa
Hassan11
07-20 02:52 PM
you might want to contact the indian community that donated to Hillary and inform them with her vote against immigrants. they need to write her a letter asking for answers. she has to know that legal immigrants have supports from their communities like this community that donated money ($2M is a lot of money and should have a word for it)
we have to write to senators ( Democrats especially) as a group and ask why they voted against legal immigrants. let show them that we are following what going on and we are aware of their actions against us.
let setup a web fax to send them as a group.
can someone write a letter to protest their votes against legal immigrants and then we can send it as a web fax.
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
we have to write to senators ( Democrats especially) as a group and ask why they voted against legal immigrants. let show them that we are following what going on and we are aware of their actions against us.
let setup a web fax to send them as a group.
can someone write a letter to protest their votes against legal immigrants and then we can send it as a web fax.
Indian community gave 2 million dollars in fund raising to her this month and she forgets all that. Don't contribute a dime to narrow minded people like these. It is like a slap in the face for the community
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GOTGC
07-24 01:35 PM
From what I understand many 485 applications(not all)received in accordance to the June bulletin MAY have been preassigned a visa number(from the leftover 60,000 visas) NOT an approval.Although they are not supposed to pre assign numbers without name checks etc, is'nt it obvious that they might have done that??. They have a lot of cases to approve until Sept 30(from that 60,000 number)
They have preassigned Visa numbers to cases that were pending in USCIS(NOT the ones filed in JUNE)...even though the PD was not current according to June Visa Bulletein... Eg: COnsider your approval and mine..We filed for 485 in 2004.. These cases are preadjudicated and just waiting for Visa number to become avilable..Once the july bulletein came into effect(or according to rumor even before) they assigned visa numbers to all pre approved cases that were pending...AGAIN USCIS DID NOT ASSIGN VISA NUMBERS TO CASES FILED IN JUNE
They have preassigned Visa numbers to cases that were pending in USCIS(NOT the ones filed in JUNE)...even though the PD was not current according to June Visa Bulletein... Eg: COnsider your approval and mine..We filed for 485 in 2004.. These cases are preadjudicated and just waiting for Visa number to become avilable..Once the july bulletein came into effect(or according to rumor even before) they assigned visa numbers to all pre approved cases that were pending...AGAIN USCIS DID NOT ASSIGN VISA NUMBERS TO CASES FILED IN JUNE
more...
alterego
12-10 08:36 PM
It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
ItIsNotFunny
12-17 03:24 PM
I think most of the members in this forum updated their data, at least from EB3 India I am sure. If you guys can pull data according to PD from administration console, you should be able get some valuable data to show. I wondered why this has not been done so far??? million dollar question???
Do we have any data available from FOIA request? Anyone?
Do we have any data available from FOIA request? Anyone?
more...
rkotamurthy
02-02 06:33 PM
Pappu,
I can organize weekly Conf. call, but I would need some initial input from IV Core Team about its activities. I also need to understand what were SoCal chapter targets and if any progress has been made. Maybe 485Mb4001 or Amit can guide on this?
I can organize weekly Conf. call, but I would need some initial input from IV Core Team about its activities. I also need to understand what were SoCal chapter targets and if any progress has been made. Maybe 485Mb4001 or Amit can guide on this?
2010 Singer Patti Scialfa and
ganguteli
06-11 03:39 PM
As far as I know, I am pretty aggressive in investment and I am getting @15% right now.. which too in a very unconventional ways.. by investing in forex and start ups with a risk of loosing nearly 80% of the investment in a day. when you 100K-200K and get returns like 100k.. dude that 100%-50% investment.. please let me know where can I do that.
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
........And you have not contributed a dime yet to IV?
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
........And you have not contributed a dime yet to IV?
more...
chisinau
07-23 02:46 AM
My attorney told me that there is a chanse that they will be able to approve my DS230 this time, before the retro will hit us again in August. Hope his data is correct. Usually they need 5 - 8 weeks for DS230. And as far as I understand the process, they work with DS230 only if your PD is current, so until the 17-th of August we might hear some good news about DS230. But this is the only positive outcome of the July VB for us.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
If the October VB shows "current" for our PD we would have our appointment in consulate. Othervise, no GC in near future.
From my point of view, the chanses to have our interview in october or november are slim. There is a lot of applicants in EB3 before us + I485 recent August approvals. Where they will find visas for AOS applicants? They have already waisted all visa numbers for 2007, but still alowing to file I485... About I485 I am not sure, correct me if I am wrong. Anyway, I believe that there will be severe retrogression begining from the next Fiscal Year.
The only hope we have - is "bridge legislation" for schedule A. Without it even persons on advanced stages of CP will have to wait months or even years for the interview:::((((
P.S.
Just curious.:::))) Where are you from, peyton sawyer? Where in the US are you going to live? I am going to High Point, NC.
hair Patti Scialfa Albums
Edison99
09-13 01:07 PM
Congrats 9years!
You are very close to enjoying freedom...
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
You are very close to enjoying freedom...
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
more...
for_gc
10-01 04:27 PM
If let us say 20,000 visas were unallocated in 2007 and USCIS realized that on the 28th of September, 2007, they still wont be able to use up those 20,000 visas. Because the priority dates were pushed back so far that there probably isn't that many applications that have completed the fingerprinting and name check stage. So, we have another reason to believe that USCIS may not be able to use up all the visa numbers just because of the priority dates (even if they worked throughout the weekend).
So it makes sense "now" to put the cut off dates a little conservatively because USCIS has already received those applications. They should be allowed to approve them according to the visa number availability and the case status in a first come first serve basis (considering the receipt and priority dates).
Well said.
So it makes sense "now" to put the cut off dates a little conservatively because USCIS has already received those applications. They should be allowed to approve them according to the visa number availability and the case status in a first come first serve basis (considering the receipt and priority dates).
Well said.
hot Patti Scialfa ***EXCLUSIVE***
checklaw
08-02 08:18 PM
Hello gurus,
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
I know someone replied appropriately but here is something more to chew on...
http://immigrationvoice.org/forum/showpost.php?p=138625&postcount=171
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
I know someone replied appropriately but here is something more to chew on...
http://immigrationvoice.org/forum/showpost.php?p=138625&postcount=171
more...
house Patti Scialfa
caliducas
07-19 12:53 AM
dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)
I'm looking forward to getting my GC!!! Once I get my ead and ap, I can wait for my GC patiently :)
I'm looking forward to getting my GC!!! Once I get my ead and ap, I can wait for my GC patiently :)
tattoo Patti Scialfa - 4/1/09 HP
nandakumar
05-27 07:37 PM
Friendly Bump....
more...
pictures any comments on Patti?
ultimo
07-24 08:53 AM
thats sad .
but they will come with a new bill after 2008 election :)
but they will come with a new bill after 2008 election :)
dresses Canciones Top de Patti Scialfa
newbee7
07-05 11:16 PM
"not entirely completed" = INCOMPLETE
They clearly broke the law...this is the first time we see the officials at ucsics confirming this and the weekend work. Perhaps, they figured out they need to admit it before they are forced to do so.
They clearly broke the law...this is the first time we see the officials at ucsics confirming this and the weekend work. Perhaps, they figured out they need to admit it before they are forced to do so.
more...
makeup and his wife Patti Scialfa
villamonte6100
04-02 12:12 PM
villamonte6100 please read the first statement again - I was agreeing with D-E-D that USCIS IS GOOD...
Frankly I am not Australian and I dont care about the friendship your country has with US. Every Country is sucking up to USA for favourable relationship...
D-E-D's comments - you must be from india and corruption in India is "Trashing" India in my eyes... every country has corruption (you will find Australia and USA on that list as well... granted its all relative) some more and some less. D-E-D comments had a condesending tone for India and that is not cool...
BTW - If Australia is so then why do you want to be a Sepo so bad... Jokes apart - I agree with you that US is a great country and thats why I chose to move here... I hope you get your green card soon... before me? time will tell...
Well, next time make your comments on D-E-D, not on my comments. If you have issues with his comments, direct your comments to him not me. That is why I got offended because I did not trash any country.
I don't understand what's a sepo? So I can't comment on what you are saying "If Australia is so then why do you to be a Sepo so bad..."
"Every Country is sucking up to USA for favourable relationship... " That's your opinion and I respect that.
For the green card, I'll bet you I'll get it next month.
Frankly I am not Australian and I dont care about the friendship your country has with US. Every Country is sucking up to USA for favourable relationship...
D-E-D's comments - you must be from india and corruption in India is "Trashing" India in my eyes... every country has corruption (you will find Australia and USA on that list as well... granted its all relative) some more and some less. D-E-D comments had a condesending tone for India and that is not cool...
BTW - If Australia is so then why do you want to be a Sepo so bad... Jokes apart - I agree with you that US is a great country and thats why I chose to move here... I hope you get your green card soon... before me? time will tell...
Well, next time make your comments on D-E-D, not on my comments. If you have issues with his comments, direct your comments to him not me. That is why I got offended because I did not trash any country.
I don't understand what's a sepo? So I can't comment on what you are saying "If Australia is so then why do you to be a Sepo so bad..."
"Every Country is sucking up to USA for favourable relationship... " That's your opinion and I respect that.
For the green card, I'll bet you I'll get it next month.
girlfriend Patti Scialfa Bruce
fromnaija
01-10 06:23 PM
I came here at an old age compared to most of you on this forum. Now I have two kids in college and a third one waiting to enter next year. This is my sixth year here and I have no immediate plan of returning to my home country.
Having a GC will ease the financial burden of seeing my kids through college. Thereafter, we plan on starting a family business that will export technology to my home country (all my sons are studying computer engineering) where opportunities are increasingly available for such ventures.
My wife and I plan to retire and go back home (by which time I hope we would be US citizens). Towards that end we are building our retirement home in Nigeria. As for my sons, I have given up hope that they will ever return to Nigeria to live!
I have two brothers who are already US citizens and have filed for our parents so I don't miss being with my parents as they come and go as they wish.
So to me, the value of the GC will be to eventually get US citizenship, retire and be able to get my social security and medicare and finally go back home with the ability to visit my kids and grand kids in the future.
Having a GC will ease the financial burden of seeing my kids through college. Thereafter, we plan on starting a family business that will export technology to my home country (all my sons are studying computer engineering) where opportunities are increasingly available for such ventures.
My wife and I plan to retire and go back home (by which time I hope we would be US citizens). Towards that end we are building our retirement home in Nigeria. As for my sons, I have given up hope that they will ever return to Nigeria to live!
I have two brothers who are already US citizens and have filed for our parents so I don't miss being with my parents as they come and go as they wish.
So to me, the value of the GC will be to eventually get US citizenship, retire and be able to get my social security and medicare and finally go back home with the ability to visit my kids and grand kids in the future.
hairstyles Jersey Girl Patti Scialfa
mirage
08-04 03:24 PM
I would request everybody to send out the mails ASAP. This will certainly help....
----------------
Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...
-------------------------------------------------------
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
----------------
Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...
-------------------------------------------------------
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Eb3_frustrated
04-25 02:22 PM
Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
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