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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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  #91  
Old 10-01-2007, 04:10 PM
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Quote:
Originally Posted by Macaca View Post
What is the relationship of 480K to 366K = 140K (EB) + 226 (FS)?

Very interesting that FS (EB) can capture EB (FS) but can not capture FS (EB)!
Worldwide Limits
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
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  #92  
Old 10-01-2007, 05:14 PM
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Default why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years

I am curious..

why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?

I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?

thanks,
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  #93  
Old 10-01-2007, 05:20 PM
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Originally Posted by Macaca View Post
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.

Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.

May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.

I think change has to come from the legislation wing to amend the procedure in USCIS.

Thanks
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  #94  
Old 10-01-2007, 05:21 PM
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Default Yes but...

Quote:
Originally Posted by Macaca View Post
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.

Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
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).
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  #95  
Old 10-01-2007, 05:22 PM
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Default

This is how this law is written. The limit of 140K is for a fiscal year. With next year having its own quota.

USCIS cannot change the law.

This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.

No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
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  #96  
Old 10-01-2007, 05:26 PM
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Quote:
Originally Posted by nlssubbu View Post
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.

May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.

I think change has to come from the legislation wing to amend the procedure in USCIS.

Thanks
This might work, except that the law would have to be changed he other way also.

If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.

That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
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  #97  
Old 10-01-2007, 05:26 PM
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Default There is no such law

Quote:
Originally Posted by engineer View Post
I am curious..

why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?

I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?

thanks,
There is no law to allow re-capture of visa numbers as of yet. In fact it says the opposite in the existing laws - That the visa numbers may not be re-captured.

There has been one case of visa recapture law passed during the Clinton administration and they did not allow a rollover recapture (I believe they recaptured the visa numbers that were lost between 1995 and 2000 only (please correct me if I am wrong about the years))
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  #98  
Old 10-01-2007, 05:27 PM
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Default

Quote:
Originally Posted by dtekkedil View Post
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.
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  #99  
Old 10-01-2007, 05:34 PM
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Default CP works slightly differently

Quote:
Originally Posted by andy garcia View Post
This might work, except that the law would have to be changed he other way also.

If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.

That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
Andy,

CP does not have interim benefits but the papers (Form 230) does not stay at NVC. They process Form 230, approve it, update DOS about the approval and send them to respective consulates. My paper is in Chennai Consulate for the last 2 months (and may be several years in future).

I have a question to the experts here.

If 485 applications cannot be approved because of big queue in 485, name check, general USCIS delay in processing 485, why not issue VISA numbers to cases pending in consulates (which would be 1% of 485 queue) which are already approved and just awaiting VISA numbers. I know that CP and 485 share the same pool but that just sounds ridiculous knowing that thousands of numbers wasted despite that would very well take care of ALL applications pending at Consulates.
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  #100  
Old 10-01-2007, 06:04 PM
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Default Visa numbers

Let us wait for the statement from USCIS
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  #101  
Old 10-01-2007, 06:08 PM
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Quote:
Originally Posted by natrajs View Post
Let us wait for the statement from USCIS
It is a long wait.

First the DOS publishes a preliminary report on March/April
then the final report from CIS is not published until July/August of the following year.
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  #102  
Old 10-01-2007, 06:09 PM
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Quote:
Originally Posted by natrajs View Post
Let us wait for the statement from USCIS
are they going to release one at all?
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  #103  
Old 10-01-2007, 06:20 PM
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Quote:
Originally Posted by natrajs View Post
Let us wait for the statement from USCIS
Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?
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  #104  
Old 10-01-2007, 06:37 PM
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I think there will not much visa numbers unused. If at all, it may be in few hundreds. We are thinking our point of view, even wasting one visa number is ridiculus based on number peoples are waiting. However, the INA states that every year "not more than 140,000 EB visas should be issued".It sets only upper limit not the lower limit. Therefore DOS has be more vigilant in not exceding 140K. By doing so, there may be a few wastage of numbers. If they issue 120K instead of 140K, it is not the violation of law. Insted if they issue 141K it is vialotion of law.

However, if the wastage is more than few hundreds it is definitly not acceptable.
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  #105  
Old 10-01-2007, 06:46 PM
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Default ctuoff dates

After the july fiasco, USCIS need not have to worry about recieving huge applications if they move the dates forward. Since almost all the folks (except for folks stuck at BEC) would have turned in the applications uscis should be able to move the dates forward for FY08 to a big extent , so that visa numbers are not wasted.

but again it all depends on how they view this.These are cry from our end..
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