letstalklc
10-07 10:37 AM
Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
If your case is not filed by Fragomen and if it's passed 15 months period you can ask your lawyer to enquire about your case status, the DOL informed in the stake holders meeting to AILA no's that they are welcomed enquires to the cases that has been passed 15 months time period...for more information you can see in this web site under labor audit's endless delay thread (this is in the section of labor processing)
Final conclusion - if your case is pending for more than 15 months and not filed by fragomen you can ask your employer to enquire about it.
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
If your case is not filed by Fragomen and if it's passed 15 months period you can ask your lawyer to enquire about your case status, the DOL informed in the stake holders meeting to AILA no's that they are welcomed enquires to the cases that has been passed 15 months time period...for more information you can see in this web site under labor audit's endless delay thread (this is in the section of labor processing)
Final conclusion - if your case is pending for more than 15 months and not filed by fragomen you can ask your employer to enquire about it.
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gchopes
02-11 10:00 AM
Can one have valid H1B (I-797 only) and then travel on AP and return? This way he / she doesnt have to get a visa for H1B when returning. Any inputs?
mhtanim
02-26 03:18 PM
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
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noone2day78
02-10 04:32 PM
Hi all,
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
more...
chanduv23
02-17 09:32 PM
We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
It has been tried, they are not open to talk
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.
It has been tried, they are not open to talk
saileshdude
09-04 11:37 AM
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
more...
crazyghoda
06-08 07:29 PM
Not a bad idea. No need to bring up all the talk (from other threads) about interim GC or whatever. Just a 10 year validity on EADs and APs for retrogressed categories. If nothing, it'll atleast highlight the situation (and save me $340 + $305 = $645 every year)
too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..
too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..
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maddipati1
08-13 07:01 PM
It makes predicting when our applicatios will be done a little harder :)
what the hell r u trying to say :D
what the hell r u trying to say :D
more...
brb2
08-10 05:14 PM
The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security (finally!). The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Full press release:
http://www.whitehouse.gov/news/releases/2007/08/20070810.html
Full press release:
http://www.whitehouse.gov/news/releases/2007/08/20070810.html
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santb1975
02-16 10:04 PM
^^^
more...
humdesi
02-17 03:59 AM
Which was effectively nullified by
"Default Re: Predicted Visa Bulletin movement
Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."
"Default Re: Predicted Visa Bulletin movement
Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."
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pooja_34
10-14 04:17 PM
You will get your new AP by end of Dec - so you should be fine!
Hi all,
I have to go to India on 1st jan , 2009 for 2 weeks , for my brother's marriage on jan 14,2009, but my existing advance parole expires on jan 12 2009.
I have filed for the renewal of advance parole but I want to know as to what other option do I have , if I dont get my renewal advance parole by jan 1st ?
If my AP expires on jan 12th and I come back on jan 16th and tell the customs agents that i have applied for a renewal and just didnt get it before I left, is that acceptable?
Thanks for your help in advance!
Hi all,
I have to go to India on 1st jan , 2009 for 2 weeks , for my brother's marriage on jan 14,2009, but my existing advance parole expires on jan 12 2009.
I have filed for the renewal of advance parole but I want to know as to what other option do I have , if I dont get my renewal advance parole by jan 1st ?
If my AP expires on jan 12th and I come back on jan 16th and tell the customs agents that i have applied for a renewal and just didnt get it before I left, is that acceptable?
Thanks for your help in advance!
more...
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komaragiri
08-01 01:16 PM
As soon the 2008 quota opens on October 1st, they will process the current limit within a month and starting from November they can post "U" every category until Sep 15th, 2008.
They can enjoy Christmas holidays peacefully.
They can enjoy Christmas holidays peacefully.
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gparr
November 25th, 2005, 09:45 AM
The first one says "delicate, little flowers" better than the second one. However, as has been mentioned, both shots need considerably more depth of field to be effective. In fact, the second one doesn't work at all for me. As for the first shot, the blown out bloom is distracting. Some kind of diffuser would have helped even out the light. I always find it difficult to shoot these flower clusters because they require more DOF than you think, but it's hard to know when to stop so that the background stays out of focus and doesn't start to compete with the flower cluster. Try a series of shots starting with an aperture in the f/25 range and backing off in one-stop increments then evaluate the series to see which one works best. Also, try a shorter tube and/or just the lens, if it will focus close enough. Whatever you try, please post the results. This is the kind of photographic challenge I love and what you learn will help me, and others I hope, when the flowers bloom again in the spring.
Gary
Gary
more...
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stxvr
07-20 12:12 PM
From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
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chicagobuddy
05-25 01:47 AM
hello krish,
I too have an appointment at matamoros on June 3th 2010. Please share your experiences
after your interview
I too have an appointment at matamoros on June 3th 2010. Please share your experiences
after your interview
more...
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perm2gc
02-09 11:40 AM
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
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dontcareaboutGC
03-19 11:24 AM
Ignore this if this is a repost!
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
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saravanaraj.sathya
08-22 03:02 PM
We can do it in New York city for new york residents....Any thoughts?
jamesbond007
05-21 01:05 PM
Question to Carl:
Can a H1 be applied for the father now? (If he has I140 approved, would this new H1 be cap exempt?) There by all his family can avail the dependent H4 and be together?
Can a H1 be applied for the father now? (If he has I140 approved, would this new H1 be cap exempt?) There by all his family can avail the dependent H4 and be together?
Green.Tech
09-16 03:08 PM
Pray God!!!
It Is More Important!!!!!!
HE will help if we do our part i.e. Call.
Keep calling guys!
It Is More Important!!!!!!
HE will help if we do our part i.e. Call.
Keep calling guys!
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