Wednesday, August 10, 2011

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  • nandakumar
    05-28 09:47 PM
    1. Employment-Based Visa Number Movement and Predictions

    Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?

    Historical Background

    Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.

    Current Trends in Visa Usage

    Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.

    Predictions for Movement and Usage of EB Visa Numbers

    Employment-Based, First Preference (EB1)
    Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.

    Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.

    Employment-Based, Second Preference (EB2)
    The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.

    Employment-Based, Third Preference (EB3)
    All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.

    Employment-Based, Fourth Preference / Certain Religious Workers
    There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.

    Visa Numbers for Indian Nationals
    Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.

    FY2010 Predictions by Charles Oppenheim of DOS

    Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.

    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.

    Conclusion

    We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage 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. Once again, the shortage of immigrant visa numbers 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.





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  • breddy2000
    09-04 07:47 PM
    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.

    Wow Mr. Chandu.....Procliaming that he is has access to Admin rights and saying that he is not compromising on the security aspect as this is not YSR forum.....

    This AH has revealed someones full name publicly where no one knows how to do that...except Admins....

    Thats it Guys.......I'm out of this....

    If I'm CHANDUV23, I would have retaliated from my posts so far...Looks like "_TrueFacts" is more offended than "CHANDUV23" offcourse we know both are same.....

    Hats off Man....





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  • OLDMONK
    07-24 05:54 PM
    WOW what can I say? Well spoken!! In a lot of points, I agree with you.

    But then let me ask you something - have you been investing back home? Have you been building a house back home? Have you been putting money in a bank account/ shares back home?

    Waiting for your answer
    BLIB

    I do send money because I have a dialysis patient at home for 6 years now. and at this time I don't want to point to the healthcare system at all, but my best wishes that you don't have to go there.

    I do have properties and business properties in India from before I came to US. I don't want to make this personal by naming the IT businesses I sold but am sure if you are from 90's and from India you are aware of those names.

    I have sold those one by one, and that is another line buddy. Capital Assets Line. IT Enquiry Lines, Company liquidation issues (specially if you were a LTD. company), Commerical Property Tribunals, Service Tax lines, State Tax Issues, Central Sales Tax issues. And god forbid if there is a lawsuit filed.

    And yes I am in GC line for 8 years and i dont mind another 2-3 years. This is the Last line hopefully other than immigration line at India every year. (which is painful for Indian Citizens) but easy for PIO's and Non Citizens.





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  • pappu
    01-28 08:28 AM
    I did not understand the meaning of this add. Please explain. Thanks!
    Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.



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  • _TrueFacts
    09-03 11:25 PM
    If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
    That's all I can say....Good luck

    CHANDUV23
    And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.

    breddy2000,

    Other than your unprecedented love for YSR there is nothing new in your postings and you are rambling on id's. How does it matter to you.





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  • bfadlia
    02-15 04:31 PM
    Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.

    Employers hire only based on talent, ROW people must have less marketable skills or not want to leave their countries and we need to teach the US on capitalist principles.
    You are absolutely right, you didn't miss my point, you completely lost touch with reality.
    People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?



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  • advad
    07-15 01:01 AM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.





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  • gc_check
    07-04 12:56 PM
    I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.

    >> This is money that has gone down the drain.
    None of the FEES has been accepted by USCIS as they even did not accept the petition. So the fees cannot be calculated. Need to find out, what they will do for July 2nd filers

    >>So in the end, you may end up spending more than twice the amount of money, and more in application fees.
    Yes, the fees gets revised start July 30. But you need NOT pay again and again to extend EAD/AP, if requried under new fees. Need to calculate the difference. Also not sure if the Attorney's would charge twice as they have to resubmit the paper with little or no modification.

    Money lost will be the amount spent on Medical Examination (In my case $550, as I ended up with a doctor of my choice out side my medical insurance network), So even if my conpany can reimburse, I cannot request... Also per my attorney Medical Examination Reports are valid for a year, If we apply within a year, this is also not lost. If someone or his family has to rush back to USA, to file AOS, then the amount spent are waste. Loss of vacation and money.

    My point is not to discourage any one, but when we wirte to media, they will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage. We need to highlight the expenses occured and stress this has caused to many many people.



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  • mirage
    04-02 08:04 AM
    Here's what Dalal Street biggies think

    http://ibnlive.in.com/news/elections-09-rakesh-jhunjhunwala-bhanshali-debate/89309-7-p0.html





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  • jkays94
    05-25 12:13 PM
    http://www.notcanada.com/

    you are much better of in india if you cant get GC in the US.

    If you have a US education or in the alternate the right qualifications you should have no problem getting a stable well paying job in Canada. Its similar to a Doctor coming to the US but not taking USMLE but still expecting to get hired at the same level they were in their home country. I know of non-American friends with US undergrad degrees in Toronto making $95k+. With the Canadian dollar having recently surpassed the US dollar, the value of their pay is even greater now than it was before. If the folks in notcanada.com swallowed their pride used their PR status to get their qualifications up to par with Canadian requirements they would not waste so much time complaining. Its akin to having a car, having the keys, knowing you need to go from A to B, but complaining about the rough road as your number one excuse for not getting there. Those stuck here in GC limbo are in a similar boat, they have the car, they don't mind the rough road, they know how to drive but simply don't have the keys to get in the car in the first place. Bottomline is if one can't make it in Canada it would be difficult for them to make it anywhere else except their home country and the US (where things are relatively easy hence the now disappearing "land of opportunity" as things get tough with the misguided bill)



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  • yabadaba
    07-04 09:51 AM
    Kitty Eisele

    keisele@npr.org

    two approaches to media coverage

    macaca is trying to make the human element point.

    others are trying make use of the scandal type issue (the way i have written it)

    the main thing is to encourage the reporters to touch on this story. it does not matter what sort of publicity we get.... we need to keep pursuing this with all the energy we can muster.





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  • Macaca
    02-19 10:42 AM
    The following is from CNBC discussion on Friday.

    Richard Dekaser, Chief Economist of National City and Stuart Anderson from National Foundation for American Policy were interviewed.

    The topic was, is there really a "Skill Shortage or Pay Shortage".

    But Richard also said that US Immigration policy needs to be reexamined as it is more oriented towards family reunification which holds them people with less skills. 20-30 yrs ago we had criteria that reqd immigrants to meet a certain educational threshold. And as we are seeing increased need for talent in this country, we need to re-examine that aspect of immi policy and untill then we are gonna see this problem continue."



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  • nozerd
    03-19 06:57 PM
    Please see answers in blue below

    so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?

    Please see the following link for all details

    http://www.cic.gc.ca/english/newcomer/res-oblig.html

    Also can I apply for CA SIN staying in USA ?
    I think you can apply via fax, but would have to give someones address in Canada to actually recieve it.

    Should I be filing taxes there ?
    No you shouldnt if you are not residing in Canada and have no Canadian income. You would if you had Canadian income or you were residing in Canada but working in US.

    How do I get an address if I dont stay there ?

    Same way you got an address to receive your PR card. Friends, family etc.

    Thanks for your help.
    You are welcome.





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  • arnab221
    06-11 04:13 AM
    At least Mr Oppenheimer has told the truth that it is curtains for EB2 and EB3 India and China and brought all the hopefuls to the ground . Passing CIR is a distant dream.

    Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .



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  • _TrueFacts
    09-04 02:31 AM
    Conformed you brain got damaged and you will die soon.

    Will distribute sweets after you death

    "Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs





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  • ns33
    02-18 02:18 PM
    Did you ask you lawyer? It's so much easier to criticize.
    My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.

    Not sure if this was answered earlier... however, since this is employment based immigration and every step of the way we've needed to have our employer's approval/sponsorship to do anything; can 485 beneficiary be a plaintiff in such case without their employer's consent? especially if employer is one the the major corps.? how realistic it is to assume that a major corporation. would like one of their H1-B lead class action against USCIS?



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  • msp1976
    02-15 11:55 AM
    hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.


    Democratic Majority leader in senate has intruduced the bill S.9 and referred it to the Senate Judiciary commitee.... Immigration is a hot potato... Nobody want to pick it up directly...You are not gonna hear anyone speak about it loudly except the numbersUSA folks....That is the way it is...Wait a few weeks and the 'immigration bhangada(dance)' would start....





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  • valuablehurdle
    07-11 02:08 PM
    See

    www.canadaimmigrants.com





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  • yvjoshi100
    07-10 05:28 PM
    Hi,
    My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
    Thanks.





    jonty_11
    05-09 02:49 PM
    Dont worry, just foolow intructions on cic.ga.ca and you will be fine.
    If you miss any document, they will send all ur paperwork back. If they accept it they will send a letter with a Tracking/case number.

    Its much better and streamlined for people who reside in US. Just apply, lets all go to Canada..I think thats what US of A wants and deserves.





    whoever
    02-14 01:11 PM
    what are cir timelines. it seems march 15th is lobby day. i read from aila.org recent postings.



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