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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 06-11-2009, 12:28 AM
aadimanav aadimanav is offline
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Default Visa number update from the Department of State

Source:
http://www.immigration-information.c...-of-state.html

AILA just published the following information that they received from the Visa Office:


Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!

Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"

Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:

* The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.

* The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.

* The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.

* The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.

* The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.

* EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.

* EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.

* EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.

* EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 months of FY2009, and a lot could change between now and early September when October dates are established.

* There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.

* There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)

* There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.

* Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
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  #2  
Old 06-11-2009, 01:28 AM
amitga amitga is offline
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Default

At least this clears up any hopes from future Visa Bulletins. What's next?
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  #3  
Old 06-11-2009, 01:56 AM
chi_shark chi_shark is offline
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Default if this were true...

if the orignial post on this thread is really true, then eb2/eb3 india/china with p.d. older newer than 2002 should basically pack whatever they have so far and leave... is that a fair reading? does anyone care to ammend my statement to perhaps "newer than 2003 [or 2005]"?

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Originally Posted by amitga View Post
At least this clears up any hopes from future Visa Bulletins. What's next?
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  #4  
Old 06-11-2009, 02:07 AM
losthope losthope is offline
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losthope has a little shameless behaviour in the past
Default Great Idea!!

packing the bag and back to home will be great! If we wait the way there are predicting it may not be worth!! because your may get a green card in 1....n years but the time you have spent can't be rewind for the things you have planned for previous years to implement. Since the back home economy is getting better we may be able to add our effort to take it to next level and make the maximum of this time.

Last edited by losthope; 06-11-2009 at 02:10 AM.
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  #5  
Old 06-11-2009, 02:32 AM
jthomas jthomas is offline
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Post my 2 cents

Can we collectively find alternatives to move to other countries or going back home. I really don't think anything is going to happen for EB-I

we should collectively aim our approach to get SSA back and use up other benifits

J thomas
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  #6  
Old 06-11-2009, 03:11 AM
losthope losthope is offline
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losthope has a little shameless behaviour in the past
Default http://www.socialsecurity.gov/pubs/10024.pdf

http://www.socialsecurity.gov/pubs/10024.pdf
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  #7  
Old 06-11-2009, 09:19 AM
gc28262 gc28262 is offline
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Default

Quote:
Originally Posted by jthomas View Post

we should collectively aim our approach to get SSA back and use up other benifits

J thomas
I agree. This should be one of our action items.
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  #8  
Old 06-11-2009, 10:13 AM
bajrangbali bajrangbali is offline
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Default Fight back discrimination

I would say fight back against the indirect discrimination against the Indian and Chinese nationals in the employment-based immigration.

If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.

Here are a few things you can do:

1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.

2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.

3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.

USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.

4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.

5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.

TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.

I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.

That is the least I could do to peacefully protest against the discrimination against me and my country people.
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  #9  
Old 06-11-2009, 10:19 AM
leoindiano leoindiano is offline
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Default

i dont agree with you, These things are against the law.

1)
All we need is a recapture. Lets concentrate on the bills in congress and senate and get them passed. This needs very less effort than what you prescribed.
2) If 1 fails,
There is no descrimination as such, this is more of a outdated law and bureacratic delay caused wastage of numbers, lets fight it in legal system. Some asylum case won against wastage, why not ours? We have big numbers, If everyone can contribute, this will happen. Hire the same lawyer and am sure he/she wont charge more than what(if any) they charged to an asylum case....
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  #10  
Old 06-11-2009, 10:43 AM
dummgelauft dummgelauft is offline
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Default Bajrang bali ki jai!!

Quote:
Originally Posted by bajrangbali View Post
I would say fight back against the indirect discrimination against the Indian and Chinese nationals in the employment-based immigration.

If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.

Here are a few things you can do:

1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.

2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.

3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.

USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.

4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.

5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.

TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.

I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.

That is the least I could do to peacefully protest against the discrimination against me and my country people.
True to your handle, your ideas if implemented, can turn the tide (or move the mountain) as Sri Hanuman did!!
BUT, amigo, seriously, don't you think we, Indians as a community, are the biggest sell-outs. Only somebody with the caliber of Subhash Chandra Bose can bring us together
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  #11  
Old 06-11-2009, 10:44 AM
FinalGC FinalGC is offline
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Cool Some facts

I just did the math.

I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.

Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??


CORRECTED => Just corrrected...it should be $45 billion, not trillion......hey still it is a lot of money
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Last edited by FinalGC; 06-11-2009 at 12:11 PM.
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  #12  
Old 06-11-2009, 11:08 AM
Humhongekamyab Humhongekamyab is offline
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Thumbs down measured in years, even DECADES

"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."

When I started my process in 2005 I was told that the whole thing will take 2-3 years. It is almost 4 years now and based on the VB movement for the last few months I have been thinking that this process can easily take 6-7 years and now DOS says it may as well take decades for those born in India.
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  #13  
Old 06-11-2009, 11:18 AM
waitforevergc waitforevergc is offline
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Default

All,

When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.


Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.

Is anyone else thinking on these lines?
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  #14  
Old 06-11-2009, 11:18 AM
jchan jchan is offline
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Default

Quote:
Originally Posted by Humhongekamyab View Post
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
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  #15  
Old 06-11-2009, 11:24 AM
amitga amitga is offline
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Default

Quote:
Originally Posted by FinalGC View Post
I just did the math.

I am sure most of you have assets worth of at least $150,000. So if 300,000 are stuck in the backlog. This would mean if these guys leave this country, then that would be $45 trillion loss for USA.

Guys is there a way to get some media publicity of the possible loss of $45 trillion for USA due to US Immigration mess??
It would be only $45 billion not trillion.
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