AILA meeting


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I read that American Immigration Lawyers Association (AILA) was scheduled to interact with Mr. Charles Oppenheim, Chief of the Immigrant Visa Control and Reporting Division at the US Department of State (DOS) this month where it was expected that Mr. Charles would shed some light on the demand for visas in different immigration categories and progression of priority dates for countries with backlog (India, China, etc..) in Employment based category for FY 2012. Waiting to hear the news from the meeting!

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Apparently the meeting happened today. In brief, Mr. Charles Oppenheim shared that he expects EB-2 China & India to progress atleast till March 1, 2008. He also expects potential progression for Jan 2012 & Feb 2012 bulletins in this category. Mr. Oppenheim shared that it takes 4 - 6 months from I-485 filing to requesting a visa number. As such, Mr. Oppenheim would like to have sufficient I-485 applications filed in the early part of FY 2012, so that necessary processing can be completed facilitating approvals in the later part of FY 2012. However, if USCIS receives large volume of I-485 applications, Mr. Oppenheim anticipates the progression might stop or even retrogress in summer of 2012.

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Attorney 6

@ Sep 15 there was an update that all the visa numbers for 2011 have been used. Hence no spillover from 2011 to 2012. Hence I assumed that @ 250 per month will be given before the last quarter. Now even 485 applicants with Jul-2007 dates are getting GC's. From Apr16 to Jun 30 there must be @ 4500 .

Did Mr. Oppenheim elaborate from where this is coming

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Law in the current state does not allow unused numbers in FY 2011 to spillover to FY 2012. And moreover, as you mentioned there were no unused numbers in FY 2011.

However, the law in the current state allows unused numbers to spillover from one category to another within the same FY. For example, unused numbers from EB5 & EB4 can spillover to EB1. Further, EB5, EB4 & EB1 can spillover to EB2. In similar fashion, unused numbers can spillover to EB3, but in reality it hardly happens because EB-2 India & China are retrogressed and they consume all the available numbers every year.

Also, unused numbers from under-subscribed countries (EB-2 ROW) are allowed to spill-over to over-subscribed countries (EB-2 India & China) within the same FY.

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I didn't understand what Mr. Charles Oppenheim said about EB3 backlog. He said EB3 immigrants will get GC after 70 years. What he didn't tell us that our life expectancy. Who will live beyond 125 years go get a GC and can we have a job until that age? I don't get this. Americans want us to live that long? I can't digest this.

By the way, where are EB3 folks? Am I the only one here?

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Dear All fellow Indians,

Forget all these bills, forget infighting between EBs, MS and non-MS. Unite all and lobby ur Indian govt. to let America set up military bases in India, half ur green cards will be approved in a year. Look at Korea, Taiwan, east europe. Over the years I've learnt one thing when it comes to big time immigration to US, geopolitics takes precedence.

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Looking at the latest pending 485 inventory report there is extreme surge in pending number of applications in year 2006 and also the cases in 2002, 2003, 04 and 05 have also increased. It seems that there are even more number of pending applications present than the spill over happens in the last quarter of the year.

I think the dates will retrogress and if they do not then how visa bulletins are published would remain a mistry as even though there many pending applications in queue with very less visas available I do not see a reason why the dates should be moving forward.

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