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  • Visa Bulletin movement

    The February Visa Bulletin shows significant forward movement. Isn't it amazing how fast cutoff dates can move forward with the CIS and State Department get close to having to release the actual visa usage numbers?

    All Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIP-PINES
    Family
    1st 22APR0122APR0122APR0108AUG9422AUG91
    2A*08FEB0208FEB0208FEB0215APR9908FEB02
    2B01JUL9601JUL9601JUL9615FEB9201JUL96
    3rd 15JUL9815JUL9815JUL9801JAN9508FEB91
    4th 22AUG9422AUG9401FEB9401JAN9301OCT83



    All Chargeability Areas Except Those ListedCHINAINDIAMEXICOPHILLIPINES
    Employment-Based
    1st C01JAN0301FEB04CC
    2nd C01APR0201AUG01CC
    3rd 22APR0122APR0101JAN0015MAR0122APR01
    Schedule A WorkersCCCCC
    Other Workers01OCT0101OCT0101OCT0101OCT0101OCT01
    4th CCCCC
    Certain Religious WorkersCCCCC
    5th CCCCC
    Targeted Employment Areas/Regional CentersCCCCC
    Last edited by Ron Gotcher; 01-12-2006, 09:04 AM.
    Ron

    James Ronald Gotcher
    Global Immigration Partners
    4505 Las Virgenes Road, Suite 107
    Calabasas, CA 91302

    818-914-6482
    Inquiries@GotcherLaw.com

  • #2
    Huh? F2A only moved 3 weeks! The previous month it only moved 2 weeks! I hardly call that significant... They're not even keeping up with calendar days... I looked at the numbers they post. It seems a lot of F2 numbers get thrown away each year-is that not the case?

    Comment


    • #3
      I was referring to the almost across the board one year movement in the EB categories. The family based cutoff dates are not likely to see any great leaps forward. The EB categories are likely to see continued forward movement because the "demand" that caused the retrogression in the first place was largely artificial.
      Ron

      James Ronald Gotcher
      Global Immigration Partners
      4505 Las Virgenes Road, Suite 107
      Calabasas, CA 91302

      818-914-6482
      Inquiries@GotcherLaw.com

      Comment


      • #4
        How about those 245i cases

        In the case of China, with EB3 cut-off date approaching April 31st, 2001 which is the deadline for 245i cases filing, do you foresee further big jump (say several months) for EB3? If not, how long will it take to bypass the April 31st, 2001? Thank you very much for your input!

        Comment


        • #5
          I honestly don't know what they are going to do. I've looked at all of the existing data very carefully and there was absolutely no justification for the retrogression in the first place. I have assumed that it was done for no other reason than to give the CIS some breathing room so that they could try to cut down on their obscene backlog. That hasn't worked. The 245(i) cutoff date is as good an excuse as any for them to stop forward movement again.

          To answer your question directly, no I do not think that there will be anywhere near a sufficient number of new cases to justify slowing down or retrogressing movement.
          Ron

          James Ronald Gotcher
          Global Immigration Partners
          4505 Las Virgenes Road, Suite 107
          Calabasas, CA 91302

          818-914-6482
          Inquiries@GotcherLaw.com

          Comment


          • #6
            Ron,

            I am new to this particular forum, though not to these issues. What did you mean when you said "the CIS and State Department get close to having to release the actual visa usage numbers?"

            Are CIS and DOS being asked to release statistics on visa number usage more frequently (as opposed to annually)? Or were you talking about the release of the Yearbook of Immigration Statistics for FY 2005? We have already seen an unofficial version of these FY 2005 numbers (link posted on Matthew Oh's site).

            Thanks,
            Berkeleybee

            Comment


            • #7
              I am referring to the annual reports to Congress, which are much more detailed.
              Ron

              James Ronald Gotcher
              Global Immigration Partners
              4505 Las Virgenes Road, Suite 107
              Calabasas, CA 91302

              818-914-6482
              Inquiries@GotcherLaw.com

              Comment


              • #8
                EB-1 Priority Date for India

                Dear Mr. Gotcher,

                I'm EB-1 India with PD 24 April 2005. With this fast movement of EB-1 PD, when do you anticipate my PD being current?

                EB-1-Retro

                Comment


                • #9
                  I honestly don't know. The State Department is now saying that they are going to start advancing dates much more rapidly unless and until unusual demand shows up. If I had to guess, I'd say March or April for your PD.
                  Ron

                  James Ronald Gotcher
                  Global Immigration Partners
                  4505 Las Virgenes Road, Suite 107
                  Calabasas, CA 91302

                  818-914-6482
                  Inquiries@GotcherLaw.com

                  Comment


                  • #10
                    Seeing is believing. Letís wait for the March Visa Bulletin. Here is a question. Assuming the March or April Visa bulletin shows oneís PD becomes current and one's I485 filing date has been behind the Service Center Processing date, what can people usually do, have to keep waiting or can make an inquiry for the expedite processing? Thank you for your answer.

                    Comment


                    • #11
                      Originally posted by Ron Gotcher
                      I am referring to the annual reports to Congress, which are much more detailed.
                      Do you mean the Backlog Elimination Plan Reports to Congress like this one http://uscis.gov/graphics/aboutus/re...es/BEPQ4v7.pdf

                      or

                      the CIS Ombudsman's report like this one

                      http://www.dhs.gov/interweb/assetlib...eport_2005.pdf

                      Are you conjecturing that this report will show that they haven't issued enough EB green cards i.e. enough to warrant retrogression?

                      Thanks,
                      Berkeleybee

                      Comment


                      • #12
                        You raise a very difficult question. It is one thing to have a current priority date and quite another to get the CIS to do something about it. Those who have switched to consular processing can have a reasonable expectation of getting their final interviews within a couple of months of their priority dates being current. For those with AOS pending, it's still not too late to begin concurrent processing.
                        Ron

                        James Ronald Gotcher
                        Global Immigration Partners
                        4505 Las Virgenes Road, Suite 107
                        Calabasas, CA 91302

                        818-914-6482
                        Inquiries@GotcherLaw.com

                        Comment


                        • #13
                          What does/can the attorney usually do or suggest if the client tells you, ďMy PD has become current and my I485 filing date has already been out of the Service Center Processing Date; whether you can make an inquiry for me? I am talking about the AOS case only. Thanks.

                          Comment


                          • #14
                            Keeping it within AOS severely limits the client's options. There are three things that we can do. First, we can initiate regular and detailed inquiries with the CIS office holding the case. Second, we can try to get it on the agenda for the next AILA-Service Center liaison meeting. Unfortunately, neither of those remedies is very effective. If the client is willing to go for it, I generally recommend the third option which is to file a claim in federal court in the nature of mandamus and ask the court to compel them to take action.
                            Ron

                            James Ronald Gotcher
                            Global Immigration Partners
                            4505 Las Virgenes Road, Suite 107
                            Calabasas, CA 91302

                            818-914-6482
                            Inquiries@GotcherLaw.com

                            Comment


                            • #15
                              The legal action is the best. Hope to see more people can bring the CIS chap to the court. Is there any legal source/Reg/Law that people can legally sue the CIS for the processing delay?

                              Comment

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