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Friday, July 5, 2013

August 2013 Visa Bulletin to bring hope for tons of EB2 Indians

The table below presents the priority date movement for India and China for last 3 years. In 2013, China has been progressing pretty good while the Indian EB2 priority date is stuck on September 2004. A big movement is expected in August 2013 Bulletin but no one know how big that would be. 

Some law firms are projecting movement up to Jan/Feb of 2008 as a best case scenario. There is a small chance of forward movement in September Bulletin also. But no body is expecting too much.

All the best to EB2 guys.


PD employment- Based CHINA- mainland born INDIA
Jul-13 2nd 8-Aug-08 1-Sep-04
Jun-13 2nd 15-Jul-08 1-Sep-04
May-13 2nd 15-May-08 1-Sep-04
Apr-13 2nd 1-Apr-08 1-Sep-04
Mar-13 2nd 15-Feb-08 1-Sep-04
Feb-13 2nd 15-Jan-08 1-Sep-04
Jan-13 2nd 8-Dec-07 1-Sep-04
Dec-12 2nd 22-Oct-07 1-Sep-04
Nov-12 2nd 1-Sep-07 1-Sep-04
Oct-12 2nd 15-Jul-07 1-Sep-04
Sep-12 2nd U U
Aug-12 2nd U U
Jul-12 2nd U U
Jun-12 2nd U U
May-12 2nd 15-Aug-07 15-Aug-07
Apr-12 2nd 1-May-10 1-May-10
Mar-12 2nd 1-May-10 1-May-10
Feb-12 2nd 1-Jan-10 1-Jan-10
Jan-12 2nd 1-Jan-09 1-Jan-09
Dec-11 2nd 15-Mar-08 15-Mar-08
Nov-11 2nd 1-Nov-07 1-Nov-07
Oct-11 2nd 15-Jul-07 15-Jul-07
Sep-11 2nd 8-May-06 8-May-06
Aug-11 2nd 15-Apr-07 15-Apr-07
Jul-11 2nd 8-Mar-07 8-Mar-07
Jun-11 2nd 15-Oct-06 15-Oct-06
May-11 2nd 1-Aug-06 1-Jul-06
Apr-11 2nd 22-Jul-06 8-May-06
Mar-11 2nd 8-Jul-06 8-May-06

Monday, November 28, 2011

January 2012 VISA Bulletin: Will there be any movement?

Within two weeks the January 2012 Visa Bulletin will come out. Expectation is high among many as the priority date has been moving rapidly for last several months.

Capitol Immigration initially reported that the movement is supposed to be similar for January and February of 2012. In later publication, they used a more cautious tone and stayed conservative in their prediction. The December 2011 official VISA Bulletin did not talk about January 2012 expectations at all.

 Even though many are expecting another 3 months of movement, I strongly feel that there may not be any movement at all in the upcoming bulletin.

Good Luck Guys.

Thursday, November 17, 2011

H.R. 3012: Fairness for High-Skilled Immigrants Ac passed unanimously


WASHINGTON, Nov. 15, 2011 /PRNewswire-USNewswire/ -- The Latino Partnership for Conservative Principles, a leading voice of Latino conservatives, commended U.S. Senators Chris Coons (D-DE) and Marco Rubio (R-FL) for introducing today the American Growth, Recovery, Empowerment and Entrepreneurship Act. The AGREE Act stems from areas of common agreement between the President's jobs plan, recommendations from the President's Council on Jobs and Competitiveness, and plans put forward by both parties in Congress and includes a provision which eliminates per country caps on employment based immigrant visas and increases the per country cap for family-based immigrant visas from seven to fifteen percent.  This same provision is included in H.R. 3012, the Fairness for High-Skilled Immigrants Act, which was passed unanimously by the House Judiciary Committee recently.  H.R. 3012 was introduced by Congressman Jason Chaffetz (R-UT) and is co-sponsored by, among others, House Judiciary Chairman Lamar Smith (R-TX) and Congressman Luis Gutierrez (D-IL).
"The impact of the AGREE Act immigration provision is quite significant.  It will go a long way to reduce the enormous immigrant visa backlog that exists for workers from countries like India and China," said Alfonso Aguilar, Executive Director of the Latino Partnership for Conservative Principles.  "This is good news for high-tech American companies who currently have a very hard time recruiting and hiring professionals with advanced degrees from abroad simply because there are no visas available.
"H.R. 3012 will also shorten the wait for immigrant visas for people from countries like Mexico and the Philippines who want to come to the U.S. to be reunited with their families.  Under the current per country limits, individuals from certain countries have to wait excessive – and sometimes unrealistic - periods of time for a family-based immigrant visa to become available.
"While President Obama continues to demagogue the immigration issue for political purposes, Senators from both sides of the aisle are actively working on legislation that begins to put our immigration system in order.  In the House, H.R. 3012 has brought together members of Congress that normally have opposite views on immigration, from a Lamar Smith to a Luis Gutierrez.
"The latest action by the House Judiciary Committee and now Senator Rubio's leadership on the issue proves unequivocally that President Obama is not being fair or honest when he accuses Republicans of not wanting to deal with the tough issue of immigration.  Ironically, it is the President who has been missing in action from this important policy discussion. We call on Republicans and Democrats in both House and Senate to support this important measure.  And we encourage the President to stop grandstanding on immigration and get involved in the discussion of this important policy proposal."
The Latino Partnership for Conservative Principles promotes conservative values and ideals within the Latino community and works to integrate Latinos into fuller and more active participation and leadership in the conservative movement. It is an initiative of American Principles in Action, a 501(c)(4) organization.
SOURCE Latino Partnership for Conservative Principles

Thursday, November 10, 2011

Official Visa Bulletin For Dtecember 2011: great EB2 Movement


Visa Bulletin For December 2011  

Number 3
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers duringDecember. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by November 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority dateearlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.
3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:         
FAMILY-SPONSORED PREFERENCES
First:  (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second
:  Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
 B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.
Third:  (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.
Fourth:  (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101SEP0401SEP0401SEP0408APR9301MAR97
F2A22MAR0922MAR0922MAR0908FEB0922MAR09
F2B15AUG0315AUG0315AUG0322NOV9215AUG01
F308OCT0108OCT0108OCT0115DEC9208JUL92
F415JUL0015JUL0015JUL0001MAY9608SEP88
*NOTE:  For December, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08FEB09.  F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08FEB09 and earlier than 22MAR09.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:         
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      
Third: Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".
Fourth: Certain Special Immigrants:  7.1% of the worldwide level.
Fifth: Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e.,
no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC15MAR0815MAR08CC
3rd15JAN0608SEP0401AUG0215JAN0615JAN06
Other Workers01JAN0622APR0322JUL0201JAN0601JAN06
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
CCCCC
*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
6.  The Department of State has a recorded message with visa availability information which can be heard at:  (202) 663-1541.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years.  The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This resulted in reduction of the DV-2012 annual limit to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.
For December, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
RegionAll DV Chargeability Areas Except Those Listed Separately
AFRICA18,500Except: Egypt 12,700
Ethiopia  13,500
Nigeria 12,000
ASIA15,000
EUROPE13,500
NORTH AMERICA (BAHAMAS)5
OCEANIA575
SOUTH AMERICA, and the CARIBBEAN600
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2012 program ends as of September 30, 2012.  DV visas may not be issued to DV-2012 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012.  DV visa availability through the very end of FY-2012 cannot be taken for granted.  Numbers could be exhausted prior to September 30.
C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JANUARY
For January, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
RegionAll DV Chargeability Areas Except Those Listed Separately
AFRICA24,700Except: Egypt  16,800
Ethiopia  16,800
Nigeria 14,500
ASIA18,500
EUROPE16,500
NORTH AMERICA (BAHAMAS)6
OCEANIA650
SOUTH AMERICA, and the CARIBBEAN675

D. OBTAINING THE MONTHLY VISA BULLETIN
The Department of State's Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html
To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:
listserv@calist.state.gov
and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example:  Subscribe Visa-Bulletin  Sally Doe)
To be removed from the Department of State’s E-mail subscription list for the  “Visa Bulletin”, send an e-mail message to the following E-mail address:
listserv@calist.state.gov
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa cut-off dates which can be heard at:  (area code 202) 663-1541.  The recording is normally updated by the middle of each month with information on cut-off dates for the following month.
Readers may submit questions regarding Visa Bulletin related items by
E-mail at the following address:
VISABULLETIN@STATE.GOV
(This address cannot be used to subscribe to the Visa Bulletin.)
Department of State Publication 9514
CA/VO:November 8, 2011

DECEMBER 2011 VISA Bulletin is OUT! EB2 PD advances to March 15th, 2008

As expected, the PD (Priority Date) for India advanced to March 15th,, 2008 in December 2011 VISA BULLETIN.

Here are the dates you need to know.


IMMIGRANT VISAS

Cut-Off Dates for Immigrant Visas

We are pleased to announce the December 2011 cut-off dates for immigrant visas for individuals born in India and those born in most other countries.

To qualify for an appointment, an applicant's priority date (the date that the petition was filed) must fall before the cut-off date for the appropriate category.
The following numbers are derived from the Department of State's Visa Bulletin. If you have additional questions about cut-off dates and your case is being processed at the U.S. Consulate General in Mumbai, please e-mail us.

CategoryIndia Most Other Countries
F11-Sep-20041-Sep-2004
FX8-Feb-20098-Feb-2009
F2A22-Mar-200922-Mar-2009
F2B15-Aug-200315-Aug-2003
F38-Oct-20018-Oct-2001
F415-Jul-200015-Jul-2000
E1CURRENTCURRENT
E215-Mar-2008CURRENT
E31-Aug-200215-Jan-2006
EW22-Jul-20021-Jan-2006
E4CURRENTCURRENT
E4-ReligiousCURRENT
CURRENT

Wednesday, November 9, 2011

Your case can not be found at this time in My Case Status: I-102

Sometimes if you check you case status online you many find the message:
"Your case can not be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283."


What to do?

  • Do not panic
  • Call USCIS at 1.800.375.5283
  • Talk to the customer service representative and make sure they have your information.
As long as you have the receipt, you should feel good.

I-102 form (replacement of I-94) takes about 2.5 to 3.2 months to process. Just wait at least for 3 months before calling USCIS.

January, February, March 2012 VISA Bulletin Prediction for EB2 India -China

EB2 and EB2 VISA Bulletin prediction for 2012. Here is the deal:
VISA Bulletin cut off date for DECEMBER 2011: March 15st, 2008 


Priority date Predictions:
VISA Bulletin Prediction for January 2012: July 1st, 2008 Priority date
VISA Bulletin Prediction for February 2012: November 1, 2008 Priority date

Dec '11 (Out) Jan '12 Feb '12 Mar '12 Apr '12 May '12 June '12
EB-2 India & China 03/15/2008 07/01/2008 11/01/2008 11/01/2008 11/01/2008 11/01/2008 Possible Retrogression
EB-3 China 09/12/2004 10/3/2004 10/24/2004 11/14/2004 12/5/2004 12/26/2004 01/15/2005
EB-3 India 07/22/2002 07/22/2002 08/01/2002 08/01/2002 08/15/2002 08/15/2002 08/22/2002
EB-3 ROW 01/22/2006 02/15/2006 03/15/2006 04/07/2006 04/21/2006 05/15/2006 06/04/2006


What is the basis of such prediction?
Comment made by Charles Oppenheim couple of weeks back. Mr. Oppenheim predicted that priority dates would be advanced "significantly" over the next few visa bulletins. He indicated that "significantly" could mean a four month jump to March 1, 2008 for the December bulletin. Similar trend will follow for another two months.

Enjoy.