dhirajs98
01-22 09:12 AM
Received Date on my I-797 for my I-140 is 07/23/2007 and notice date is 08/20/07.
My I-140 is pending in NSC since last July 07. I asked my lawyer's office to check the status. USCIS replied back saying the receipt date in their database is 08/20/07 and it will take long time as they received alot of applications in July 07. USCIS asked my lawyer's office to contact after 45 days.
I thought they should process my I-140 based on the received date mentioned on I-797 but that is not true it seems.
Any idea guys? Anyone faced this issue? Please suggest, is there anything I can do to ask USCIS to process my app based on receipt date?
Also please share the phone number of NSC and sequence of keys to be pressed to reach to the customer service.
Thanks,
-D
My I-140 is pending in NSC since last July 07. I asked my lawyer's office to check the status. USCIS replied back saying the receipt date in their database is 08/20/07 and it will take long time as they received alot of applications in July 07. USCIS asked my lawyer's office to contact after 45 days.
I thought they should process my I-140 based on the received date mentioned on I-797 but that is not true it seems.
Any idea guys? Anyone faced this issue? Please suggest, is there anything I can do to ask USCIS to process my app based on receipt date?
Also please share the phone number of NSC and sequence of keys to be pressed to reach to the customer service.
Thanks,
-D
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pappu
07-18 07:48 PM
Defense bill pulled after troop drawdawn measure fails
http://www.cnn.com/2007/POLITICS/07/18/us.iraq.ap/index.html
Immigration Amendments on War Bill Fall by Wayside
http://www.numbersusa.com/index
Do not worry. We are going to explore each and every small window of opportunity to get any or some provisions in as situation allows. What is most important for us is to not lose momentum and focus. EAD is just a temporary relief. People are now going to be stuck in EAD stage and dates will move slowly. Each year people will have to renew EADs. We need a fix to the problem and end retrogression.
http://www.cnn.com/2007/POLITICS/07/18/us.iraq.ap/index.html
Immigration Amendments on War Bill Fall by Wayside
http://www.numbersusa.com/index
Do not worry. We are going to explore each and every small window of opportunity to get any or some provisions in as situation allows. What is most important for us is to not lose momentum and focus. EAD is just a temporary relief. People are now going to be stuck in EAD stage and dates will move slowly. Each year people will have to renew EADs. We need a fix to the problem and end retrogression.
Milind123
09-12 11:39 PM
Done
Changed the Equation
To Would be first time contributor,
Besides your other non-monetary contribution, IV needs your monetary contribution too.
People who havn't contributed, please take your first shot. Need just 2 people to contribute $100 each for now.
sam2006 and I will contribute $100 each. That makes $400 closer to the goal.
Changed the Equation
To Would be first time contributor,
Besides your other non-monetary contribution, IV needs your monetary contribution too.
People who havn't contributed, please take your first shot. Need just 2 people to contribute $100 each for now.
sam2006 and I will contribute $100 each. That makes $400 closer to the goal.
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makemygc
07-06 05:39 PM
I dont see anything about the law suit on OH site.
Clear you cache by hitting CTRL + F5
Clear you cache by hitting CTRL + F5
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Suva
07-15 10:58 AM
Scheduled $5 every month...
chanduv23
05-15 10:23 AM
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.
First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.
In your case, i think, you also have to at the least send an email to the Ombudsman.
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.
First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.
In your case, i think, you also have to at the least send an email to the Ombudsman.
more...
santb1975
05-22 07:58 AM
Good suggestion
Come forward and contribute for your own cause.
Come forward and contribute for your own cause.
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ashutrip
06-19 03:56 PM
IV Core, please help members like us whose applications are pending at the Atlanta PERM Processing Center. In spite of officials informing that they will reassign their staff to process PERM applications a month back, there seems to be no progress so far. Please help us get out of this mess as our applications have been pending at this center for few months now. We would like to take this opportunity to apply for the next two stages while PD are current. By the way, I had an old case at BEC and got an approval. I just changed my job and reapplied through PERM, and then all of a sudden PD became current. I have been in this mess for 5 years now. It was just an unfortunate timing of my job change that screwed me up.
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
What help can IV provide us with?
They have nothing to do with this mess in Atlanta Center
People from Chicago center have been getting quick approvals and are able to submit their I-140 & I-485 documents right away. But just because we live & work in the East coast, we are getting screwed. I don't think this is fair on part of DOL to penalize us because of our location. IV Core, please, help us.
What help can IV provide us with?
They have nothing to do with this mess in Atlanta Center
more...
techskill
08-12 02:34 AM
There is something fishy. Its not possible that he could apply for 485 with the PD of September 2006 in June 2007 . Only people with priority date with June 2003 and earlier could apply. I know this because our PD is July 2003 and we applied only in July 2007. Please people stop this.
Since your PD is June 2003, you could have applied in June 2007 because in June Visa bulletin(released in May ) it moved till April 2004.
Since your PD is June 2003, you could have applied in June 2007 because in June Visa bulletin(released in May ) it moved till April 2004.
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ssunka01
09-05 09:30 PM
ICICI bank is cashing your money in many ways.
1. APR is too comparing to many banks.
2. When it comes to reducing the APR, they watch the market.
3. When it comes to increasing the APR, they are the first before even RBI announcement.
4. There is penalty of 2% for your entire loan amount if you would like to repay. If your loan is 50laks, which is mostly based upon recent home loans and 2% of that goes to penality for early payment.
5. They charge for many account services
6. Bottom lineI never take another loan with ICICI
1. APR is too comparing to many banks.
2. When it comes to reducing the APR, they watch the market.
3. When it comes to increasing the APR, they are the first before even RBI announcement.
4. There is penalty of 2% for your entire loan amount if you would like to repay. If your loan is 50laks, which is mostly based upon recent home loans and 2% of that goes to penality for early payment.
5. They charge for many account services
6. Bottom lineI never take another loan with ICICI
more...
pappu
08-10 10:48 AM
No. It is true to some extent that we are paying more taxes.
Take my case for example. My kid is not an American citizen. She moved with us when she was a baby and H-4 status. So she cannot obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried ITIN but I got a formal response from IRS that the child needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
good point which has been overlooked.
thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.
Take my case for example. My kid is not an American citizen. She moved with us when she was a baby and H-4 status. So she cannot obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried ITIN but I got a formal response from IRS that the child needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
good point which has been overlooked.
thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.
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RN_Usa
07-31 11:41 AM
Sens. Schumer and Hutchison have offered the Bridge amendment. It has a chance to pass, although the battle may be tough.
The amendment is "on the floor" and could be acted on this afternoon.
S.AMDT.2448 Amends: H.R.2638 , S.AMDT.2383 Sponsor: Sen Schumer, Charles E. [NY] (submitted 7/25/2007) (proposed 7/25/2007)
UPDATE: The amendment has been withdrawn but that doesn't necessarily mean that it is permanently withdrawn. The issue seems to be whether or not the leaders will allow any amendments that touch immigration be offered on this bill.
Pray for this bill to PASS.
this is from http://hammondlawgroup.blogspot.com/
The amendment is "on the floor" and could be acted on this afternoon.
S.AMDT.2448 Amends: H.R.2638 , S.AMDT.2383 Sponsor: Sen Schumer, Charles E. [NY] (submitted 7/25/2007) (proposed 7/25/2007)
UPDATE: The amendment has been withdrawn but that doesn't necessarily mean that it is permanently withdrawn. The issue seems to be whether or not the leaders will allow any amendments that touch immigration be offered on this bill.
Pray for this bill to PASS.
this is from http://hammondlawgroup.blogspot.com/
more...
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vjkypally
03-17 07:22 PM
Which part says that you are not eligible? Please elaborate.
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spicy_guy
08-13 10:22 AM
My suggestion for everyone reading this is - do not send this information to your Company or HR department. They could ask us to table this additional cost. I work for Accenture so I hope that this does not apply to my employer with less than 50% employees on visa. But I'm not going to write to them asking about this because they may turn around asking us to eat this new cost.
How about you? Has anyone contacted their employer already? What are they saying?
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
How about you? Has anyone contacted their employer already? What are they saying?
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
more...
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augustus
05-13 09:45 AM
I called the senator in MA. He doesn't support the bill but I did say we cannot be equated with illegals. I begged for them to bring skilled immigration out in the open.
I hope we make difference.
I hope we make difference.
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Direct_Action_99
01-03 10:14 AM
Dear Friends!
(By mistake I posted this in another thread. I think this is the right one)
Good Morning and Happy New Year! Wish you all success, good health, peace of mind and great prosperity!!!
Though I visit the forum quite often, I do not particiapte in a big way. I just read to understand the view points of others. After a lot of hesitation I took time to draft this note!
I am not sure how far my views would find acceptance, but I would like to share some of my thoughts!
1. Although I would sincerely like to give credit to the IV forum for all what they have done (and doing), I personally feel that that the days of prayer and petition are gone!
2. To achieve something concrete and tangible, atleast a minimum of 100,000 (Desis + Chinese / Filippinos if possible) should rally in Washington DC to press our case.
This alone will generate enough publicity. We can show our strength and if there is a consensus, opt for a hunger strike.History has always shown that "direct action" alone has yielded results.
3. Unlike European countries where the laws of immigration and naturalization are simple, here it is very convoluted and confusing. All laws in the USA ONLY favour the employers and the law firms. Due to this, several of us have been harassed by our employers.
4. Instead of harping on the existing archiac and immigrant unfriendly rules, we could propose something like this:
a. Provide Green Cards for all legal immigrants who have completed 8 years of continuous stay, as on say, June 1, 2010. Continuity would mean not leaving the USA for a period of 90 days at a stretch. (I have completed more than 9 years personally, but I am suggesting a time line of 8 years because H1 is valid for 6 years and L1 is for 7 years. It will certianly not acceptable for the US Government to provide GC to every H1 / L1 holder. Any period below 8 years may meet with very stiff opposition)
b. The legal immigrants with 8 + years should have a criminal free record (barring minor traffic offenses) and should have filed their tax returns
c. Citizenship status should be provided to all legal immigrants with 10+ years
Note 1 : Rules in the UK/ Europe are :
Permanent residency after 5 years of legal stay
Citizenship after 10 years of legal stay or 15 yearls of illegal stay
5.We are always getting drawn into the trap and quagmire of the existing regulations and the INS / US goverment / Law firms / Employers are enjoying the fun
Note 2: I have stated everything based on my stay in different countries and keeping in mind the interests of the immigrant community very sincerely. It is upto IV to publish this or discard this. I will also NOT respond to any comments / cristicisms. I am just requesting the readers to kindly intrsopect!
Best wishes!
(By mistake I posted this in another thread. I think this is the right one)
Good Morning and Happy New Year! Wish you all success, good health, peace of mind and great prosperity!!!
Though I visit the forum quite often, I do not particiapte in a big way. I just read to understand the view points of others. After a lot of hesitation I took time to draft this note!
I am not sure how far my views would find acceptance, but I would like to share some of my thoughts!
1. Although I would sincerely like to give credit to the IV forum for all what they have done (and doing), I personally feel that that the days of prayer and petition are gone!
2. To achieve something concrete and tangible, atleast a minimum of 100,000 (Desis + Chinese / Filippinos if possible) should rally in Washington DC to press our case.
This alone will generate enough publicity. We can show our strength and if there is a consensus, opt for a hunger strike.History has always shown that "direct action" alone has yielded results.
3. Unlike European countries where the laws of immigration and naturalization are simple, here it is very convoluted and confusing. All laws in the USA ONLY favour the employers and the law firms. Due to this, several of us have been harassed by our employers.
4. Instead of harping on the existing archiac and immigrant unfriendly rules, we could propose something like this:
a. Provide Green Cards for all legal immigrants who have completed 8 years of continuous stay, as on say, June 1, 2010. Continuity would mean not leaving the USA for a period of 90 days at a stretch. (I have completed more than 9 years personally, but I am suggesting a time line of 8 years because H1 is valid for 6 years and L1 is for 7 years. It will certianly not acceptable for the US Government to provide GC to every H1 / L1 holder. Any period below 8 years may meet with very stiff opposition)
b. The legal immigrants with 8 + years should have a criminal free record (barring minor traffic offenses) and should have filed their tax returns
c. Citizenship status should be provided to all legal immigrants with 10+ years
Note 1 : Rules in the UK/ Europe are :
Permanent residency after 5 years of legal stay
Citizenship after 10 years of legal stay or 15 yearls of illegal stay
5.We are always getting drawn into the trap and quagmire of the existing regulations and the INS / US goverment / Law firms / Employers are enjoying the fun
Note 2: I have stated everything based on my stay in different countries and keeping in mind the interests of the immigrant community very sincerely. It is upto IV to publish this or discard this. I will also NOT respond to any comments / cristicisms. I am just requesting the readers to kindly intrsopect!
Best wishes!
more...
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Kodi
06-25 11:51 AM
Got approved just now. Labor filed EB3 on 23rd Feb Govt job. Thinsg are moving ... Best of luck to all !!!
-M
That's great. Congrats to you and good luck to all of us.
-M
That's great. Congrats to you and good luck to all of us.
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amsgc
05-02 09:56 PM
It was obvious that King was not in favor of the recapture. The idea of someone applying to adjust status only to enjoy the benefits of EAD/AP is impractical and simply rediculous. In order to file I-485 you need an approved or a pending immigrant petition, and if you have either of the two, then you have a legitimate case that deserves to be adjudicated. Aytes should have clarified this.
Not all congressmen/women are well versed with the details of immigration law, and Mr. King was trying to take advantage of this to influence the outcome of the testimony. He tried again with the new 180 day name check rule, asking Mr. Aytes if the USCIS had ever circumvented security checks to give out green cards. Hopefully, the powers to be will see through these cheap attempts and do the right thing.
I thought the testimony went well:
- It was agreed that visa recapture is a good thing because it will move the cut off dates for India/China in EB by several years (someone from the DOS actaully made this remark during the testimony)
- It was agreed that removal of country cap will help make visa bulletin cut off predictions easier (although the DOS/USCIS may have to make some changes in their process - which was ok)
The discussion is open for 5 legislative days, if someone choses to comment etc. It will be interesting to see what transpires in the next couple of weeks.
- Regarding FB, the senator for Illinois did well to dispel the myth that all kinds of people from all over the world are coming to this country in huge numbers. The fact is most of the new immigrants are immediate family members of american citizens.
what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...
well damn you king, issue GCs faster then!
Not all congressmen/women are well versed with the details of immigration law, and Mr. King was trying to take advantage of this to influence the outcome of the testimony. He tried again with the new 180 day name check rule, asking Mr. Aytes if the USCIS had ever circumvented security checks to give out green cards. Hopefully, the powers to be will see through these cheap attempts and do the right thing.
I thought the testimony went well:
- It was agreed that visa recapture is a good thing because it will move the cut off dates for India/China in EB by several years (someone from the DOS actaully made this remark during the testimony)
- It was agreed that removal of country cap will help make visa bulletin cut off predictions easier (although the DOS/USCIS may have to make some changes in their process - which was ok)
The discussion is open for 5 legislative days, if someone choses to comment etc. It will be interesting to see what transpires in the next couple of weeks.
- Regarding FB, the senator for Illinois did well to dispel the myth that all kinds of people from all over the world are coming to this country in huge numbers. The fact is most of the new immigrants are immediate family members of american citizens.
what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...
well damn you king, issue GCs faster then!
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amitjoey
05-06 04:18 PM
During previous phone call campaigns, our members came out w/huge numbers and were instrumental in getting the support. This I know because the Senators office phones were just constantly busy and once you started mentioning high skilled, they would know and finish your statements for you. This time though, that does not seem to be the case. Please, please step up. I just called 4 out of TIER 1 again.
Positive
05-05 08:34 AM
Thank you for all of you who made the calls.
Calls are only the start. Remember, the other side is also doing the same -sometimes outsourcing calls.
Remember we all spend hours in US consulates waiting for our turn. What is now stopping us to make a personal visit. Explaining your story in person is far more effective than a call or an email.
Calls are only the start. Remember, the other side is also doing the same -sometimes outsourcing calls.
Remember we all spend hours in US consulates waiting for our turn. What is now stopping us to make a personal visit. Explaining your story in person is far more effective than a call or an email.
aadimanav
06-10 11:28 PM
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
AILA just published the following information that they received from the Visa Office:
Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!
Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"
Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:
* The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.
* The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.
* The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.
* The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.
* The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.
* EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.
* EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.
* EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.
* EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.
* There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.
* There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)
* There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.
* Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
AILA just published the following information that they received from the Visa Office:
Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!
Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"
Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:
* The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.
* The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.
* The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.
* The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.
* The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.
* EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.
* EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.
* EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.
* EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.
* There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.
* There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)
* There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.
* Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
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