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Some Interesting Visa Office Updates

Discussion in 'Visa quota and cutoff date issues' started by Ron Gotcher, Mar 18, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In their most recent conversation with Charlie Oppenheim of the Visa Office, AILA liaison commented, in part, as follows:

    EB-2 India. After advancing 16 months in March 2015, EB-2 India will advance another eight months in April, to September 1, 2007. Members can expect EB-2 India to continue to advance at a steady pace for another couple of months before slowing or holding toward the end of the fiscal year.
    . . .
    What will it take for there to be movement in EB-3 India? At this time, there is nothing which can be done to improve the India EB-3 cut-off date situation unless there is a legislative change. The amount of pre-adjudicated India EB-3 demand versus the annual limit prevents more than a one or two week monthly movement of this cut-off date. For example, at this time, more than 9,100 India EB-3 applicants with priority dates earlier than January 1, 2005 (alone) have already been reported to the visa Office and the FY2015 annual limit is approximately 2,875.

    Do you foresee EB-3 Worldwide becoming current anytime soon? If so, what would that mean for EB-3 India? Charlie does not anticipate that EB-3 Worldwide will become current anytime soon but the cut-off date could easily reach 2015. If the Worldwide EB-3 category ever becomes current then (and only then) any "otherwise unused" numbers could be made available to the India EB-3 category, which has the earliest EB-3 cut-off date.

    In his Executive Actions on Immigration, President Obama directed DOS and USCIS to work on a system to alleviate the visa backlogs. Have any steps been taken to effectuate the intent of the President? Yes. One example is having advanced the cut-off dates at a more rapid pace, and much earlier, than in previous years.​
     
  2. asdk

    asdk New Member

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    Ron,

    Any other insights as to what might come out after 3/19 or of the 140 EAD rule that AILA gave?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    What you see is what was said.
     
  4. speedracer

    speedracer Guru

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    thank you Ron. I guess they wont open the flood gates and make the dates current all at once like 2007, this is probably less of a nightmare for them to process a few 1000 applications at a given time.
     
  5. rgc123

    rgc123 Member

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    Ron,

    Would you mind sharing the date on which Charlie shared this info ?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Friday, March 13, 2015
     
  7. DonDraper

    DonDraper Guru

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    Do you foresee EB-3 Worldwide becoming current anytime soon? If so, what would that mean for EB-3 India? Charlie does not anticipate that EB-3 Worldwide will become current anytime soon but the cut-off date could easily reach 2015. If the Worldwide EB-3 category ever becomes current then (and only then) any "otherwise unused" numbers could be made available to the India EB-3 category, which has the earliest EB-3 cut-off date.

    Does this mean the EB3- lateral visa flow from WW to INDIA(EB3) will not happen even when the WW dates are almost current. The dates are never going to be current as PERM takes a couple of months. How does Charlie handle this situation?

    So in this case WW-EB3 over flow will go to EB3 -WW ----> EB1 ---> EB2. Is that correct ?

    So EB3-INDIA dates will never move until EB2 is current for all countries . EB-3 India Screwed big time if EB3-WW dates are not current
     
    Last edited: Mar 18, 2015
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unless EB3 WW becomes current, nothing different will happen. If EB3 WW demand drops below the supply of visas available, then the excess numbers will fall across to EB3 country limited quotas. Presumably, all of these unused visas would be used by India, China, the Philippines, and Mexico EB3 applicants. Nothing would "fall up" to EB1.
     
  9. Suva

    Suva Junior Member

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    Ron, would the extra EB3-WW visas go to EB3-I (India) as most retrogressed country or it would be divided between India/China/Philippines/Mexico?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As with EB2, the left over numbers would go to applicants, irrespective of their country of birth, by priority date. The oldest PDs would get visas first.
     
  11. Suva

    Suva Junior Member

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    Thanks Ron
     
  12. sailakshmi

    sailakshmi Junior Member

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    Hi Ron ,
    My PD - May 29th 2009 , EB2 India . Really hoping for a miracle this month VB as it has retrogressed twice without reaching my PD :(
    Any thoughts about when my PD becomes current ? Thanks a bunch in advance.
     

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