chanduv23
03-14 12:07 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
eb3retro
09-09 05:23 PM
can you show me a single post in IV that states that they have travelled after applying for AP, and come back with an AP. May be I missed it.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
ilikekilo
04-12 06:48 PM
Thanks, Even I am thinking the same but just worried, would I also get the copy of RFE??
If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...
If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...
misanthrope
03-25 12:08 AM
How will that help resolve housing market problem? If you are going to make a claim then make sure that you can back it up with facts/figures/evidence.
more...
jazzy2
05-25 08:47 AM
Hi all
called Sen. Lindsey Graham
and Sen. John Macain
Both the numbers had an option on leaving a message or opinion on a legislation.
So i left a message ....
should i also speak to the staff??
jazzy2...
washington dc
called Sen. Lindsey Graham
and Sen. John Macain
Both the numbers had an option on leaving a message or opinion on a legislation.
So i left a message ....
should i also speak to the staff??
jazzy2...
washington dc
sriramkalyan
09-15 04:05 PM
Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
more...
jfredr
07-27 09:46 AM
Good one
backtoschool
12-29 08:09 AM
any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...
Insead feeds the consulting world.(mainly). So, there is a value with consuting cos based in the US.
Nayar<<<<
I am surprised to hear that IIM-A PGDBA is worthless in the US
so, what are you doing in the US? did you get another MBA?
Insead feeds the consulting world.(mainly). So, there is a value with consuting cos based in the US.
Nayar<<<<
I am surprised to hear that IIM-A PGDBA is worthless in the US
so, what are you doing in the US? did you get another MBA?
more...
rbharol
09-20 12:24 PM
Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.
Thanks in advance for your answer.
Answer from my Lawyer is No.
I tried to commercialize my website which you see in my signature. Plan was to sell
the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.
Thanks in advance for your answer.
Answer from my Lawyer is No.
I tried to commercialize my website which you see in my signature. Plan was to sell
the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.
vivache
10-06 12:59 PM
What if we take a more reasonable example that McD's.
Assume a person is a pre-sales engineer and moves to customer support or development or even product management, he will have paystubs that have a reasonable amount on them. Does this solve the paystub problem or are there other issues?
Assume a person is a pre-sales engineer and moves to customer support or development or even product management, he will have paystubs that have a reasonable amount on them. Does this solve the paystub problem or are there other issues?
more...
nonimmi
05-29 03:58 PM
Early 2004 Priority date (EB3 India) may still be possible considering the huge movement happened last month. Who knows?? :)
kimbhoot
09-15 09:45 AM
Hi,
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
more...
at0474
01-09 03:14 PM
I know at least 5 colleagues with early-mid 2001 PDs who applied 485 last year. They're still waiting. Admire their patience.
--I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now.
--I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now.
neha_garg123
01-07 10:09 PM
I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
Now do I make some sense?
I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
Now do I make some sense?
more...
ags123
07-26 09:57 AM
I recently got my Eb2 India Employment based I-485 approved. I am going to file my spouse's I-485 soon and was wondering what address I should send the forms to.
The direct filing address says
USCIS Chicago Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 805887
Chicago, IL 60680-4120
For Express mail and courier deliveries:
USCIS
Attn: FBAS
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517
However my attorney says we need to send it to the Nebraska Service Centre as my application was filed and approved there.
So should my lawyer send it to the Chicago lock box or NSC? Please let me know if you have personally done this recently after the addresses changes
The direct filing address says
USCIS Chicago Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 805887
Chicago, IL 60680-4120
For Express mail and courier deliveries:
USCIS
Attn: FBAS
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517
However my attorney says we need to send it to the Nebraska Service Centre as my application was filed and approved there.
So should my lawyer send it to the Chicago lock box or NSC? Please let me know if you have personally done this recently after the addresses changes
Green.Tech
03-03 12:36 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
Sounds like you are one of those fake profiles.
No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
Sounds like you are one of those fake profiles.
No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)
more...
gc_75
07-17 08:58 PM
As far as I know, nobody is disputing that.:)
just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ??
just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ??
RandyK
10-02 03:06 PM
If the employer is in good financially, then somehow it was not proved to th USCIS when you submitted the docs for the RFE.
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
Better_Days
06-10 06:10 PM
www.immigration-law is reporting that PP for I-140 will be re-instated when approval is needed for H1 extension and less than 60 days are left 'till H1 expiration.
A small step in the right direction.
A small step in the right direction.
GoneSouth
07-11 11:14 AM
Congratulations!! Why didn't you do Concurrent filing in June?
I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.
Boy did I (and quite a few other people) get a nasty surprise on July 2!
I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.
Boy did I (and quite a few other people) get a nasty surprise on July 2!
Dipika
11-03 01:21 PM
i have not done visa extention for my mother in law, but i had asked lawyer about it when last year my mother in law was here.
Lawyer said it's possible to get extention. and they need traveler's check of $5K on my mother in law name to send for extention, which proves she has enough money to stay and travel further in USA.
i had not followed it, but this time i'm going to do it when my in laws visit again.
I would say it would be batter to go through lawyer as they have different tricks to get it faster and easily.
Lawyer said it's possible to get extention. and they need traveler's check of $5K on my mother in law name to send for extention, which proves she has enough money to stay and travel further in USA.
i had not followed it, but this time i'm going to do it when my in laws visit again.
I would say it would be batter to go through lawyer as they have different tricks to get it faster and easily.
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