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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 12-10-2009, 04:31 PM
akilaakka akilaakka is offline
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Default Jan Visa bulletin out

Please see link below

Visa Bulletin for January 2010
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  #2  
Old 12-10-2009, 04:37 PM
Abhinaym Abhinaym is offline
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Default No change at all...

Was that expected?
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  #3  
Old 12-10-2009, 04:37 PM
aadimanav aadimanav is offline
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Default

Source:
Visa Bulletin for January 2010

WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?

At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.

INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.

WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

Employment Second:
China: July through October 2005
India: February through early March 2005


If Section 202(a)(5)were to apply:
China and India: October through December 2005

Employment Third:

Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005


Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
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  #4  
Old 12-10-2009, 04:42 PM
sparky_jones sparky_jones is offline
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Default

This bulletin seems to have a more-detailed-than-usual write-up on PD movement and projections. It'll be interesting to see how ppl interpret the comments from Dept of State regarding projections.
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  #5  
Old 12-10-2009, 04:45 PM
krish2005 krish2005 is offline
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Default Some movements

Its hurting to see that no major movements in jan bulletin.

Sad story continues. Only EB3 moved by 1 month surprisingly.

There is a chance that during this year, EB2 might become unavailable too.
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  #6  
Old 12-10-2009, 04:50 PM
ashshef ashshef is offline
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Default No quarterly spillover

Everywhere they mention spillover...they say quarterly. But they don't really enforce it.

At least , they improved the bulletin by adding more detailed information as well as an explanation about how it works.
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  #7  
Old 12-10-2009, 04:54 PM
kevinkris kevinkris is offline
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Default No quarterly spillover.. What about quarterly report showing number of pending apps?

Guys,

When USCIS will release the report which shows number of pending apps per country and overall. With that we can see how many numbers per category and per country are used.

Is it now or in Jan?
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  #8  
Old 12-10-2009, 04:55 PM
cinqsit cinqsit is offline
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Default

Yes the bulletin is pretty detailed. Explaining logic behind per country limit and movement of cutoff dates. Certainly a first in a Visa Bulletin.

Needless to say, CIR with provisions to address this backlog is the only hope for both i REITERATE - BOTH EB2 as well as EB3... divisiveness will certainly lead to failure or atleast a never ending wait for some of us....

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  #9  
Old 12-10-2009, 04:58 PM
forgerator forgerator is offline
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Default

this is great news for EB3 ROW!

Quote:
Employment Third:

Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
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  #10  
Old 12-10-2009, 04:59 PM
gcformeornot gcformeornot is offline
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  #11  
Old 12-10-2009, 05:06 PM
skynet2500 skynet2500 is offline
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  #12  
Old 12-10-2009, 05:06 PM
pappu pappu is offline
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Default

Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.
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  #13  
Old 12-10-2009, 05:09 PM
vinzak vinzak is offline
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Default

Quote:
Originally Posted by aadimanav View Post
Source:
Visa Bulletin for January 2010

Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
Does this mean that spill over is not "quarterly" as we've been discussing, but rather at the discretion of DOS as to when they will spill over?

While the added text as explanation in the bulletin is appreciated, it really doesn't clarify anything for me, so somebody please explain!!!
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  #14  
Old 12-10-2009, 05:11 PM
kartikiran kartikiran is offline
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Default

Quote:
Originally Posted by pappu View Post
Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.
agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.
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  #15  
Old 12-10-2009, 05:14 PM
breddy2000 breddy2000 is offline
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Default Quarterly spill over is not utilized

Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.

WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

Employment Second:
China: July through October 2005
India: February through early March 2005


If Section 202(a)(5)were to apply:
China and India: October through December 2005



It clearly states that "IF Section 202(a) were to apply(spillover rule) then the dates move as mentioned above. That means that it did not happen until now...

Question is since the section 202(a) is part of the law , does it state that they need to utilize this section 202(a) quarterly or at USCIS/DOS own descretion.
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