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Highlights From September's Check In With Charlie Oppenheim

Discussion in 'Visa quota and cutoff date issues' started by Ron Gotcher, Sep 15, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Here are the highlights of the September check in:

    "In general, USCIS will continue to follow the "Final Action Date" chart for the acceptance of adjustment of status applications. However, if USCIS determines that there are additional visas available it may exercise its discretion to accept adjustment of status applications in accordance with the"Dates for Filing" chart. Each month, the Visa Bulletin will indicate whether USCIS will accept adjustment applications during the upcoming month in accordance with the "Dates for Filing" chart. For the month of October, USCIS has agreed to permit both family- and employment-based immigrants to use the "Dates for Filing" chart to file adjustment of status applications. Thus, individuals who have a priority date earlier than the "Filing Date" cut-off for the month of October may submit an adjustment of status application in October
    . . .
    Until now, the Visa Office had limited visibility into the employment-based demand for immigrant visas primarily being processed by USCIS. Though the Visa Office made educated estimates as to future demand, since these predictions were based on limited information (e.g., historical patterns, demand filed prior to subsequent retrogression of dates), unanticipated surges in demand would sometimes arise. As a result, cut-off dates in the employment-based categories have been vulnerable to fluctuation, often advancing significantly, then suddenly stopping, retrogressing, or becoming unavailable with little to no warning.

    The State Department anticipates that as USCIS begins to accept adjustment applications based on the "Dates for Filing," it will eventually have better information regarding overall immigrant visa demand. When USCIS receives an I-485 case, it pre-adjudicates the case and requests a visa number from the State Department. If the "Final Action Date" is current, the State Department will authorize an immigrant visa number and USCIS will approve the case and proceed with production of the permanent resident card. If the "Final Action Date" is not current, the State Department will be unable to authorize a visa number and the case is placed in the Visa Office's "pending demand file." The data maintained in the pending demand file data enables Charlie to better assess demand and move the "Final Action Dates" at a more reasonable and predictable pace over time. Based on published USCIS processing times it takes approximately six months for these cases to be received and pre-adjudicated by USCIS, so Charlie expects that he will have a better sense of overall employment-based immigrant visa demand at USCIS starting in the spring of 2016."
     
    cuckoo likes this.
  2. spil

    spil New Member

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    hi Ron,

    Was there anything specific about EB3 India? Like why was that date languishing behind while all other categories advanced by several years.
    Also the fact that there would be no AOS filings by the date being in 2005, since everyone with PD before 2007 has already filed and that for the last 8 years no EB3I AOS has been filed.

    Thanks
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, he specified that the acceptance dates are where he expects the approval dates to be in 8 to 12 months.
     
  4. EB2Aug2011

    EB2Aug2011 New Member

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    Hi Ron,
    Did Charles mention about moving the acceptance date in coming month?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    He said that it is an open question as to whether the USCIS will continue to use acceptance dates every month. Most likely, they will not. He didn't offer any projections for future movement, other than to say that the acceptance dates are where he expects the regular cutoff dates to be in eight to twelve months.
     
  6. EB2Aug2011

    EB2Aug2011 New Member

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    Thanks Ron for replying. Why do you think most likely they will not use acceptance date every month. In his statement did you see any hint about that?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they feel that they are getting overwhelmed with more applications than they can handle, they will stop using acceptance dates until they reduce the backlog. That's why I'm advising all of my clients to get their applications on file in October and not assume that they will still be able to file in November. I'm also recommending that they submit medical exam results because the regulations require them at the time of application and I don't want to let the USCIS have the opportunity to start rejecting my cases if they feel they have too many. We are very carefully following all rules and filing requirements.
     
  8. EB2Aug2011

    EB2Aug2011 New Member

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  9. pulpfiction

    pulpfiction Guru

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    Was he referring to EB2 or EB3 or in general? Approval dates moving to July 2011 by fall 2016 is an awesome prospect for Eb2 imo.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    He was referring to all categories.
     
  11. random123

    random123 Junior Member

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    Hi Ron ,

    My priority is is May 6th 2010.based charlie Oppenheimer comments
    if I file 485 in October 2015,when should I get my green card?.
     
  12. LeoAugust

    LeoAugust Guru

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    Hi Ron,

    My PD is Dec-5-2013 EB2I. Any guesstimate, when will acceptance date move to end of 2013 to be current?
     
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  13. MOHANA KRISHNA MALLADI

    MOHANA KRISHNA MALLADI New Member

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    EB2 India gets 2800 visas per fiscal year plus spill overs from all the other applicable categories. Even if they move dates @ 600 visas per month based on the published pending inventory I am worried we will even make it to end of 2008. Are they thinking of any VISA recapture from previous years based on the new executive action? If not how can the dates come to jul 2011 in this fiscal?
     
  14. BLUELABEL

    BLUELABEL Junior Member

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    I think it would be extremely difficult to predict the approval cut off dates without the actual demand of EB2I till July 2011. Unless CO is expecting too many spill over visas from Family based, in current circumstances by end of FY16 there's no way approval cut off dates can move till July 2011.
     
  15. pulpfiction

    pulpfiction Guru

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    That's my take too. Unless he has an idea of potential spill over + potential porting apps, it is hard to say that. But, then again, per Charlie, the acceptance date has been arrived at based on where he sees the approval dates to be in the next 12 months. It was NOT based on 'hey lets take the May 2010 cut off from 2011 and add 12-13 months, so a good chunk of EB2 purebreds get their EADs'.

    So, my point is he must have some sort of an idea.
     
  16. DonDraper

    DonDraper Guru

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    Please call 1-800-USCIS for further enquires :)
     
  17. random123

    random123 Junior Member

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    if you already called let us know,what the update you got ;)
     
  18. DonDraper

    DonDraper Guru

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    Send me your credit card and i should have your approval immediately. Premium processing will be extra
     
  19. DonDraper

    DonDraper Guru

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    call 1-800-USCIS.
     
  20. random123

    random123 Junior Member

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    Already sent the check included premium processing fee as well , did't see :eek: rush it:confused:
     

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