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Visa Bulletin Changes Fall 2015

Discussion in 'General discussion about executive action' started by ashnov2012, Jul 21, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Kevin McCarthy is in line to be the next Speaker. I think this is a watershed moment in U.S. politics. Future Speakers are going to be held hostage by fringe groups.
     
  2. allswell

    allswell Guru

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    about what? and the CIS lady talked about backing dates?
     
  3. ColumbusDude

    ColumbusDude Active Member

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    Check this out:
    http://travel.state.gov/content/vis...etin/2016/visa-bulletin-for-october-2015.html
    IV has suddenly found a cause to go to town with. I think if they can concentrate their energies on I-140-EAD, it will be a better use of their time, it will benefit ALL the folks who got screwed by this roll back and more. But no, they won't use their energy in a smart way. They will instead spread and dilute their fire power over a bunch of different issues that are overlapping in the benefits.
     
    Last edited: Sep 25, 2015
  4. immi-help

    immi-help New Member

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    I'm new to this site, just saw this thread for VB and reposting the below for record here:-

    I'm puzzled with how the EB calculations work, seniors correct me if I'm wrong.

    Total H1b Visas per year H1B 65,000, Student visas 20,000. If most(90%) of the H1B/student visas are going to India and there is no country cap on this, why do we have country limit in allocating EB visas?

    Yearly Numerical Limit for Total Employment-Based Immigrants is:-

    140,000 for Principles and their dependents(spouse/kids)

    Eb1 = 140,000 * 28.6% = 37,520*
    Eb2 = 140,000 * 28.6% = 37,520**
    Eb3 = 140,000 * 28.6% = 37,520***
    Eb4 = 140,000 * 7.1% = 9,940
    Eb5 = 140,000 * 7.1% = 9,940

    So, countries like India, China, Philippines and Mexico – have higher levels of immigration and so have an annual 7% limit imposed on them: 37,520 * 7% = 2626 employment based visas.

    the Visa Office (VO) is tasked with determining the cut off. The VO subdivides the annual preference and foreign state limitations into monthly allotments. So, numbers for India would be divided thus: 2626/12 = 219 for each month.

    So, 2626 visas annually for each EB1, EB2 and EB3 categories for India. The only way to get additional visas is Spillover from FB categories or other EBROW categories. Hence EB1I and EB2I will always get benefit of Spillovers and its good that EB2I stands at July 2009 due to new filing dates, EB3I can expect to move at snails pace and hence its at July 2005. In the coming years, lot of porting is expected to slow down EB2 pace which is already slow but EB3I is moving like planet Pluto. What I get from these calculations is that EBI backlogged people are doomed unless country limit is eliminated or total visas are increased or new EO actions which provide relief are implemented.

    *Plus any unused visas from the 4th and 5th preferences

    **Plus any unused visas from the 1st preference

    ***Plus any unused visas the 1st and 2nd preference
     
  5. ColumbusDude

    ColumbusDude Active Member

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    Ron,
    Looks like even the 'issuing more visas earlier in the year' has not been implemented. We know this by looking at the movement in Priority Dates. I wonder why none of the AILA Attorney's who sit in the 'Check-in with Charlie' have asked this question of Charlie so far!! Effectively, none of the provisions from the Executive Order seems to have been implemented for Employment Based Immigration so far.
     
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  6. ARam

    ARam Guru

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    :) you are correct....all eye wash. Now watch the Obama haters come out of the woodwork :)
     
  7. s_gan

    s_gan Super Moderator

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    The system cannot be improved without the elimination of per-country cap.
     
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  8. ColumbusDude

    ColumbusDude Active Member

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    Till the per-country cap is eliminated, I think there is one simple way of improving the system. It is not rocket science. USCIS/DOS should issue 11,600 Visas every Month!
     
  9. s_gan

    s_gan Super Moderator

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    They can't do that. In 2012 they projected ROW demand to be very low, ultimately it turned out to be far more than what they expected it to be. Some ROW applicants even decided to sue USCIS as visas became unavailable for ROW.
     
  10. ColumbusDude

    ColumbusDude Active Member

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    As I said, it is not rocket science. Any person with good math skills can do a good job of it without getting exposed to a lawsuit. If it was me, I would issue 100% of the highly backlogged countries 7% per country cap upfront - say in the first 6 months. Use the next 1 month (while continuing the issue ROW visas) to review and observe the trend and adjudicate the rest of the Visas in the last 5 months or something similar. They have been issuing visas for ever, they should be able to nail it down to a high degree of accuracy.
     
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  11. agulv

    agulv Guru

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    If they waste any visas for this FY then there is a strong case for a lawsuit. I think SIRA team should look in to this possibility.
     
  12. soopergal

    soopergal Guru

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    this is possible when they 'Want' to do a good job.
     
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  13. s_gan

    s_gan Super Moderator

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    They do that every year. The problem is only in applying the spillover numbers. In FY 2016, EB2I should have received 2.8K visas by now.
     
  14. allswell

    allswell Guru

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    which shud easily move the dates post which year?
     
  15. s_gan

    s_gan Super Moderator

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    That is why the date is now at October 1st 2008, assuming the pending inventory is correct.
     
  16. ColumbusDude

    ColumbusDude Active Member

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    It does not look like EB3I has received 2800 so far. It looks like we got only 1400 so far.
     
  17. s_gan

    s_gan Super Moderator

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    I don't know about that since I don't track EB3I. For EB2I, 2.8K visas should be allocated by March 31st.
     
  18. allswell

    allswell Guru

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    I know a lot of ppl who got Gcs from 2009
     
  19. ColumbusDude

    ColumbusDude Active Member

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    Maybe they got it in FY2015 or they got it this year they are ROW or some other country. EB2I has just reached Oct 15, 2008 so far this year!
     
  20. ColumbusDude

    ColumbusDude Active Member

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    I just did a back of the envelope cal for EB2I and it does not look like that is true for EB2I either. Unless you are factoring in a bunch of Porters. How do you know how many visas they have issued so far? Is there any webpage we can check it up or is it just calculations based on the October Pending Inventory report?
     

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