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Greg Siskind on Immigration Law and Policy

SOME ADJUSTMENT APPLICANTS WILL BE ABLE TO FILE BASED ON SEPTEMBER VISA BULLETIN

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Some unexpected news. The predictions that numbers would be unavailable until October has been superseded and while no categories are current, many folks with priority dates from before early January can file.

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  1. D's Avatar
    Well, I mean no offense to anybody but I don't understand the logic behind this new VB.
    Why is EB3 ROW so far back while EB2 India and China are as per June 07 bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007 (estimated) and that would put all India EB categories into U, right? Good for those guys that were approved but I still don't get it why ROW is 2002! Frustrating.
  2. ROW's Avatar
    I second the previous post
  3. alex's Avatar
    D - Most likely it's nothing. EB-2 India is April 04 and they know very well that there are no more approved labors before that date, so nobody is going to apply. Ditto for the China and EB-3 ROW dates. And '01APR04', etc. look much nicer and much more optimistic than a bunch of 'U's.
  4. alex's Avatar
    Hmm. Is this a bug in the page? The main blog page says there are 2 comments for this post while there are actually 3.
  5. D's Avatar
    Alex,

    This is related not only to new people that could apply for AOS (probably the few that are getting out of BEC) but also for approving pending applications.
  6. alex's Avatar
    D - I don't think they use the priority date mechanism to enforce country limit rules. Basically, regardless of the priority date, if a particular country hits the cap, they stop requesting visas. This doesn't preclude them from processing cases (e.g. namechecks, etc.) for the same country though.

    What happened with India this year is really suspicious and I hope they straighten this up. The argument that they had more approved applications for India than ROW and that they ignored the per-country limit so as not to waste any visas will not hold any water once the issue is investigated.

    If they let them off the hook for this one, they have basically created a mechanism to ignore per-country limits. They simply process cases for India only, and then when the year's end is near, they can say they don't have approved cases from other countries, so they'll give all visas to India rather than have them wasted.
  7. D's Avatar

    I agree with you.
    The only thing I think you're not correct about is that processing cases (e.g. name checks, etc.) happens even if your priority date is not current as far as I know. They can't approve the application and allocate a number for you until you're current but you still get to go through fingerprinting and name check and then wait.
  8. TX's Avatar
    D, I think that they are just being conservative with this bulletin. As the new fiscal year begins they will probably advace all categories, especially because they have recently approved quite a few ROW cases with 2003 dates (trackitt)
  9. In Immigration Limbo's Avatar
    "D - I don't think they use the priority date mechanism to enforce country limit rules."

    If they don't use the cutoff dates, how do they enforce per country limits?
  10. Legal and waiting's Avatar
    It just proved that all that 'we used up 68K visas in three days' was full-blown BS. CIS did not have enough petitions ready for approval, and even though they have already started giving out approvals to those who filed in June, guess what - numbers are still available.

    Alex, no, they are reallocating visas not needed for ROW to India and China.

    Looks like my predictions were right - CIS is almost through the 'hump' of PERM applications, and there are less than 140K petitions that are generally ready for submition in a year because of low H1 quotas, so dates will start moving in the new fiscal.
  11. KC's Avatar
    >>>>Well, I mean no offense to anybody
  12. john's Avatar
    I agree with KC. why is there a country quota. If you have more eligible applications (qualified/experienced/needed) why this quota ?.it is unfare practice when a 2007 guy/gal from ROW get GC when equally qualified or more qualified guy/gal from 2002 don't get it. it is again based on country of birth(this is special just for US immigration).so even if you were educated in europe but you were borne in china/india you are screwed for next ten years to get your GC. I thnk it is stupid way of screening. you got to be in their (one of the backlogged country's) shoes mate to just understand how unfare it is.pls don't think those applicants are idiots. They have no choice. I dont see any problem if uscis distribute few thousand visas to ease 200 plus thousand applicants. Even they have realized it is unfare!!!
  13. NC pending's Avatar
    Does this mean there won't be any approvals for EB-2 rest of the world? My priority date is Feb 2005!

    Thanks in advance, my name check is pending since Sep. 2006
  14. Kevin's Avatar
    Agree with John's comments. I was born in India, but immigrated with my family to Canada when I was two years old. I have not been to India in thirty years, yet because I was born there I am treated differently than applicants from other countries. How is the country quota anything but discriminatory?
  15. JZ's Avatar
    Get over it guys. There is a quota because there needs to be a quota. It is the principle of diversity which is the exact opposite of racism. You got it all wrong. Diversity means equality - everybody from all over the world has equal chance to immigrate. If there is no quota, then poor countries with huge populations will clog the system.

    On the other hand, H-1 is entirely based on skills so you're welcome to work on H-1. Nobody said GC was based entirely on skills. GC is based on skills and on diversity. Are you out of your minds, really? Nobody wants 1 billion people coming here from India/China to entirely change the political and cultural climate of the country in a matter of few months. Immigration is based on the principle of culturally assimilating the immigrants which is not possible when you have no quota.

    As for the wait. Well you're waiting so long because you assume that when you're on H-1, you're guaranteed a quick green-card which a wrong assumption. Until you get green-card, nothing is guaranteed. There are many people from all over the world with the same skills as you. You're not really that special. You're offending everybody by implying that people from ROW are less educated but get ahead because of the quota. No - they're the same as you and given people with the same skills, the system prefers diversity. The problem is not the country quota, but the lack of enough visas in the first place.
  16. paul's Avatar
    Kevin, you should be a Canadian citizen by now. Can't you use Canada as country of origin? I know people who use their wife's country of origin as their own, and I know Indian Canadians who didn't even keep their Indian citizenship.
  17. Legal and waiting's Avatar
    John is just trying to push one group of immigrants against another. He is a garden variety anti-immigrant, and his goal is to make everyone wait 10 years, because it is 'fair'. Don't be fooled.

    JZ, no, there is absolutely no need for a quota. Frist, H1 and EB categories are measely percentages of this country's population and workforce, and the quota does not make any difference for ethnic composition, especially, given than H1 does not have any racist sub-quotas (it does have an exteremely low total quota, so your 'you are welcome to work on H1' statement is simply bullocks). Second, there is very few people in the world who would want to emmigrate, so your '1 billion people coming' is just a racist doomsday proclamation. There is also NO CORRELATION between poverty in the country of origin and immigration level to the US. Your whole theory is at a minimum, misguided and, possibly, racially-driven.
  18. KC's Avatar
    >>>Get over it guys. There is a quota because there needs to be a quota..everybody from all over the world has equal chance to immigrate
  19. Hassan's Avatar
    Look at this:

    VISA BULLETIN FOR APRIL 2007, EB-3 Rest of World is 01AUG02
    VISA BULLETIN FOR MAY 2007, EB-3 Rest of World is 01AUG03
    VISA BULLETIN FOR JUNE 2007, EB-3 Rest of World is 01JUN05
    VISA BULLETIN FOR JULY 2007, EB-3 Rest of World is C
    VISA BULLETIN FOR AUGUST 2007, EB-3 Rest of World is U
    VISA BULLETIN FOR SEPTEMBER 2007, EB-3 Rest of World is 01AUG02

    So September 2007 is back to April 2007, what was the point of progressing it the months in between.
  20. In Immigration Limbo's Avatar
    Somebody needs to look into why the quotas are not apparently being honored to make sure there is no monkey business going on. I'm not big on the concept that if you don't like the rules, just break them. That is what separates countries that go by the rule of law and those where it is just a free for all and civility breaks down. If the rules are unfair, they should be changed through the political process. That's how democracy works isn't it?

    Why is it fair for people from China, Philippines and ROW if India is taking more than allocated?

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