March Visa Bulletin is out... No reprieve for EB2 India


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http://travel.state.gov/visa/bulletin/bulletin_5885.html

D. VISA AVAILABILITY IN THE COMING MONTHS (April – June)

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1: Three or four weeks

F2A: Three to five weeks

F2B: Three to five weeks

F3: One or two weeks

F4: Up to two weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First: Current

Employment Second:

Worldwide: Current

China: Three to six weeks

India: No movement. Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from U.S. Citizenship and Immigration Services (USCIS) Offices for adjustment of status cases remains extremely high. Should the current rate of demand continue, it is likely that at some point the cut-off date will need to be retrogressed in an effort to hold demand within the FY-2013 annual limit.

Employment Third:

Worldwide: Four to six weeks

China: Two to three months

India: Up to two weeks

Mexico: Four to six weeks

Philippines: Up to one week

Employment Fourth: Current

Employment Fifth: Current

Item D of the December 2012 Visa Bulletin alerted readers that a China cut-off date might be imposed at some point during the second half of the fiscal year. Currently there is no reason to believe that it will be necessary to establish a China Employment Fifth preference category cut-off date during FY-2013, since demand over first six months of FY-2013 has now averaged out to a manageable level.

The above projections for the Family and Employment categories are for what is likely to happen during each of the next few months based on current applicant demand patterns. Readers should never assume that recent trends in cut-off date movements are guaranteed for the future. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables which can change at any time. Those categories with a “Current” projection will remain so for the foreseeable future.

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Despite keeping the cutoff date frozen at 01 Sep 2004 for past 6 visa bulletins, it is very disappointing to see such comments for EB2 for coming months. Only god knows what is happening between DOS and USCIS.

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I am happy for those, who are working in US currently in parallel to their GC processing. For them, at least the concern about the Priority Dates is comparatively less (but still worrisome issue though) when compared to those, who are struck outside US due to high volume of H1B extension denials especially in past 2 years due to aggressive US immigration stand towards H1Bs and are eagerly following the Priority Dates to move, so that, their chance at getting GC can be tested at the US consulate through Consular Processing.

Even EB3 porting to EB2 is adding salt to the wounds (of course, I do sympathize with the EB3 applicants miseries as they have been waiting in their queue for a longer period) to some extent. I totally agree on providing the EB3 applicants opportunity to switch between the lines AT WILL when they decide to port (i.e. might be because of additional qualification / experience acquired). But it would be more appropriate to provide them such opportunity by assigning a new priority date at the time of porting. Probably that would be a better deal for both EB2 and EB3 applicants. Because, we should also understand from the EB2 applicants perspective and general rule of practice for standing in queues. Think of situation for example, wherein you are standing in queue, and suddenly 100 to 200 people sneak into the queue and stand in front of you for whatever the reason (may be they have been standing in the other queue for a longer time, but that may not be the proper reason to allow them to sneak in! Right ?!). They can join the other line provided they stand in back of the line!! Well, in order to be fare to both sides, hope law makers will re-evaluate and come up with better senses on this.

USCIS is publishing the pending EB-based Inventory data at standard intervals (OCT, JAN, MAY) every fiscal year, which in fact is little bit helpful to have some idea. But, in order to provide more transparency and help the applicants better, in parallel to the pending EB-based Inventory data, I would suggest they should seriously think about releasing data at standard intervals (OCT, JAN, MAY) such as:

Total number of visa numbers allocated so far during current fiscal year per GC category (F1, F2A, F2B, F3, F4, EB1, EB2, EB3, EB4, EB5, etc,) based on segregations (All Chargeability Areas Except Those Listed, CHINA- mainland born, INDIA, MEXICO, PHILIPPINES).

With the priority dates announced on monthly visa bulletins, this combination of information provides more accurate picture on our chances during the fiscal year. No doubt all this data is ready available to USCIS as the visa number allocations and status update of GC cases after GC approval, are all maintained by USCIS. We are in the technological age, where we have advanced analytical tools at our disposal. Somebody at USCIS better be smart with it.

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For EB3 to EB2 porting and that causing issues to EB2 applicants, the EB3 applicants are not to be blamed though. Because, they are utilizing the opportunity that has been lawfully provided to them. It is the law makers, who should be thinking in a better way while making such amendments. Just wanted to provide clarity on my view.

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For EB3 to EB2 porting and that causing issues to EB2 applicants, the EB3 applicants are not to be blamed though. Because, they are utilizing the opportunity that has been lawfully provided to them. It is the law makers, who should be thinking in a better way while making such amendments. Just wanted to provide clarity on my view.

Clarity???? hmmm

Your comment about pushing EB3 candidates to back of line who port their cases to EB2 is an utter BS. Consider case where you have NOT filed your 485 application but your I140 is approved and god forbid but you are sacked from the current job and have to join new employer and then think that you have to start GC process right from beginning where porting PD is NOT allowed then what would you do?

Response would be.....oh noooo... law should allow me to port PD because I was not at fault right? Same is the case with EB3 folks. Decades back they applied in EB3 because of whatsoever reason they could not apply in EB2 category but now legally they are qualified to apply in EB2 and rightfully allowed to port their EB3 PDs. Why they should go to the back of line?

So STOP whining.

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Shurap1, I think you misunderstood my comments. I wasn't of the view that current EB3 porting applicants to stand back in line of EB2, as they are just utilizing the opportunity that has been provided to them lawfully. I was questioning the amendment of keeping current PD during porting itself. You might feel it as fair having been sailing in the same boat i guess. Seems you are all fired up and ready to punch anyone, who would comment about EB3 porting :-) LOL :-) Ahh.. Now i know who has been whining for for all these years ;-) Certainly everyone is entitled to have an opinion and so do you. Applicants applied through EB3 for "whatsoever reason" ?! Not sure if you have any clear picture on it (In some cases they would have done it because their employer opted for it despite their qualification to go for EB2 ?! Could be marginally in some cases, not sure why they would do that though, but otherwise probably the applicants didn't qualify for EB2 filing!!).

For the scenario that you have mentioned, i wonder if the GC process is understood correctly. Changing the employer, doesn't mean that you have to start GC process afresh, as long as, the previous employer and employee have the intention of working together in future when the GC gets approved. It's not like the door has been shut. Hope knowledge in the below link will help.

http://www.murthy.com/2011/12/10/changes-in-employer-employment-and-green-card-processing/

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Applicants applied through EB3 for "whatsoever reason" ?! Not sure if you have any clear picture on it (In some cases they would have done it because their employer opted for it despite their qualification to go for EB2 ?! Could be marginally in some cases, not sure why they would do that though, but otherwise probably the applicants didn't qualify for EB2 filing!!).

Again everyone had a reason to file in EB3 category like the same way you had a reason to file in EB2 category and not in EB1 category. If you want law changes then don't assume it to be your way. EB3 needs bigger relief than any other category, this is fact. Proposals such as increasing visa numbers, counting one visa per family, reusing wasted visas from last 10 years will help all categories and needs to be pushed for.

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So the process is imperfect. In FY 2012, cis underestimated the demand for the visas from eb1in category and so the dates had to be moved ahead too fast for eb2in by dos to ensure utilization.

Not seen data about how better the utilization was in 2012 compared to the prior years.

This may have set expectation that the eb2 numbers can be always ahead of eb3 for india. So, people upgraded using their experience from eb3->eb2. But now eb2in may retrogress and can go behind eb3in.

If upgrades are still happening, it may turn out that not only eb2 and eb3 in have similar cut-off dates but also they will move very slowly. People who have approved 140 in both eb2 and eb3 categories are the real winners because they are in both the "queues".

The question one may need to ask: what about eb1? Why is there no overflow this year and if you look at the demand or 485 inventory data, the demand is eb1in so much that the current quota may be barely enough to satisfy the demand.

So many people are filing in eb1 category as mnc managers\execs for which perm is not required and 140\485 filing can be concurrent.

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So the process is imperfect. In FY 2012, cis underestimated the demand for the visas from eb1in category and so the dates had to be moved ahead too fast for eb2in by dos to ensure utilization.

Not seen data about how better the utilization was in 2012 compared to the prior years.

This may have set expectation that the eb2 numbers can be always ahead of eb3 for india. So, people upgraded using their experience from eb3->eb2. But now eb2in may retrogress and can go behind eb3in.

If upgrades are still happening, it may turn out that not only eb2 and eb3 in have similar cut-off dates but also they will move very slowly. People who have approved 140 in both eb2 and eb3 categories are the real winners because they are in both the "queues".

The question one may need to ask: what about eb1? Why is there no overflow this year and if you look at the demand or 485 inventory data, the demand is eb1in so much that the current quota may be barely enough to satisfy the demand.

So many people are filing in eb1 category as mnc managers\execs for which perm is not required and 140\485 filing can be concurrent.

Yes because those mnc managers\execs are qualified for EB1 category :)

It seems like cut off date even may get established for EB1 India category and if this happens means unused visas from ROW (EB1/EB2) will flow to EB1 India first and then to EB2 ....

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  • 4 weeks later...

So the process is imperfect. In FY 2012, cis underestimated the demand for the visas from eb1in category and so the dates had to be moved ahead too fast for eb2in by dos to ensure utilization.

Not seen data about how better the utilization was in 2012 compared to the prior years.

This may have set expectation that the eb2 numbers can be always ahead of eb3 for india. So, people upgraded using their experience from eb3->eb2. But now eb2in may retrogress and can go behind eb3in.

If upgrades are still happening, it may turn out that not only eb2 and eb3 in have similar cut-off dates but also they will move very slowly. People who have approved 140 in both eb2 and eb3 categories are the real winners because they are in both the "queues".

The question one may need to ask: what about eb1? Why is there no overflow this year and if you look at the demand or 485 inventory data, the demand is eb1in so much that the current quota may be barely enough to satisfy the demand.

So many people are filing in eb1 category as mnc managers\execs for which perm is not required and 140\485 filing can be concurrent.

Just another way of exploiting the rules or called "ABUSE" by the MNCs.

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