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benefit

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  1. so the thing is that when pd moved significantly in 2010...the persons who filed in i130 for their spouce have also filed i485 bcaz their pd was current....ppl with i130 filed and pd is current they immediately filed i485 for adjustment of status (((whose pd was 2008 and 2009))) .....

    There are too much cases of adjustment of status in 2007 and 2008.....and yes in 2009 cases are not much....so 2009 will get passed very soon.....

    As far as 2010 is concerned...i think there is a huge filing in later half of 2010...so i think there vl be slow movement in 2010.....

    I agree with your prediction. My point is: the amazing forward movement of F2A VB was caused by two reasons: (1) the real demand starting from late 2008 till 2009 was significantly reduced due to the poor economy; (2) the poor coordination between DOS and USCIS -- USCIS processed I130 for several years. Those overseas beneficiaries could not start the process with NVC/DOS before the I130s were approved, thus DOS may not see the demand/utilize the visa numbers. USCIS started to process I130s (mostly those PDs in 2007-2010) in 5 months from the end of year 2010, thus the demand surged and the retrogression happened.

    Now, since almost the I130s between 2007-2010 have been approved and even NVC cases have been completed, DOS is able to see the demand clearly. There may be some fluctuations -- some upgrades, age-outs, or changed their mind to continue/discontinue the immigration processes. But I think that's not a big portion and DOS has sufficient historical data to estimate the ratio.

    My conclusions are:

    1) VB in the FY 2012 will not retrogress, but will not go back to Aug 2010 next month either.

    2) VB can advance fast in 2009, and even the first half of 2010, because a) low demand in this period, as the reason I stated above; b) some "lucky" people with PDs in 2008-2010 filed AOS in year 2010, and got green cards -- they will not be the demand any more (though those who filed AOS but were affected by retrogression will still use FY2012 visa numbers)

    3) VB will advance a bit slowly from middle of 2010, due to the increasing I130 filings. But do not be too pessimistic -- from the USCIS I130 preference group filing statistics, filings from March 2010 increased, but less than doubled compared with 2009. I think it maybe safe to assume VB will advance 2-3 months each time in 2010.

    Just my two cents.

  2. got your point ...but do u know the visa granted vl be covered under f2a or they are allowed different classification....????

    No applicants under f2a category can file I130 and I485 concurrently, because f2a has never been current. Even in the late half of 2010, the cutoff dates are very close - but it was not current. Some lucky people were probably able to file I485 when their I130s were pending. Luckier people may get green card before the retrogression (e.g. if someone filed I130 in March 2010, he/she may get green card in Nov 2010). In any case, all of them are still under f2a category and subject to the visa numbers.

  3. USCIS released yesterday its performance data on some of the major applications at http://www.uscis.gov/data . The data covers till March 11 for now. It offers a bit more insight than the dashboard page, atleast for I485 and I130 petitions (which I looked at). I am more convinced than ever that any data that USCIS publishes doesnt allow for any explanation of retrogression or their claim for higher demand leading to retrogression. It seems that USCIS will always work in shady and mysterious manner and these data is just a distraction to the traffic signal pattern of working. Maybe I have altogether lost hope that USCIS or DoS makes any fair and transparent approach towards their release on prority dates atleast.

    I think it only includes the data of field offices, but not service centers. That's why we see so low number of I-130 receipts for preference groups, since most of them were diverted to the California service center.

  4. I wish there was some push towards asking for DoS to release month by month visa demand for FB as they do for EB. Only that can bring some clarity on so called increased demand. Perhaps more stakeholders and AILA should write to CIS Ombudsman to get the data out atleast quarterly.Frankly I was disappointed that the year started with retrogression to Jan 08 and 8 months later its still at July 08. Even USCIS dashboard doesnt show any rise in 130 petitions or its approvals. While the FY 2011 draws to close in Sept, the quotas need to be filled. If there isnt a significant movement next month to atleast Jan 2009 and in Oct, this year would be a big dud.

    I think the major reason for this retrogression is that USCIS approved a lot of I-130s in the end of year 2010, who filed in 2008/2009/2010 and thus significantly increased the visa demand. I do not think there will be a big quota waste this year, since DOS can see the demand clearly after they rolled back the cutoff dates and USCIS cleared up all the I130 in 2008-2010. That's probably why we see interviews can be scheduled even before the VB is released.

    Btw, I think it's really stupid to let multiple departments (USCIS, DOS) to handle an integrated immigration process. The huge quota waste last year is due to their poor coordinates.

  5. Here's the data of I130 preference categories receipts from dashboard.uscis.gov (unfortunately, it does not provide the data in each category; let's assume that the percentage of F2A filers remains roughly the same):

    15094 Aug08

    16733 Sep08

    15948 Oct08

    13327 Nov08

    16899 Dec08

    12196 Jan09

    13627 Feb09

    19087 Mar09

    18411 Apr09

    15925 May09

    16791 Jun09

    15763 Jul09

    15125 Aug09

    15650 Sep09

    16259 Oct09

    14796 Nov09

    16263 Dec09

    13575 Jan10

    13977 Feb10

    21568 Mar10

    22262 Apr10

    18770 May10

    19858 Jun10

    15933 Jul10

    21806 Aug10

    22171 Sep10

    23800 Oct10

    30949 Nov10

    27043 Dec10

    20321 Jan11

    16413 Feb11

    26832 Mar11

    22801 Apr11

    Demand started to increase from March 2010, but it was not doubled or tripled. I think the VB will advance fast in 2009, and get a bit slower in 2010, but should not be significantly slower.

    Unfortunately, I do not have data prior to Aug 2008; otherwise we could have a more accurate prediction.

  6. sorry miraya...first visit this link by DOS...

    http://www.travel.state.gov/pdf/WaitingListItem.pdf

    and then subscribe to capitol immigration law group....there u can find this information regarding the DOS statements...

    "The slow forward movement across many employment categories continues, as expected, although we have started seeing notable movement in the EB-2 India and EB-2 China categories after many months of no activity (especially for EB-2 India). The EB-2 India and EB-2 China movement is due to the carryover of visa numbers from the EB-1 category (also see note below). Unfortunately, EB-3 India moved forward by only one week again (the same as during the previous few visa bulletins).

    We continue to see the FB2A category move forward (byseven months), after the significant retrogression over the past several months. We wish to reiterate that the forward movement in FB2A is expected to be slow over the next few months, according to indications from the State Department..... "

    and one more thing ...petition is approving within 5 months that does not means that total visa available to f2a had been increased(88000 APPROX)...AND AS WE ALL KNOW THERE IS HEAVY FILING IN 2010 AND 2011...it simply means PD vl be slower and slower by mnth after month....i think now it should be clear to u...

    "We wish to reiterate that the forward movement in FB2A is expected to be slow over the next few months, according to indications from the State Department..... "

    This statement has appeared in the articles of capitol immigration law group when they were discussing the VBs in the recent four months (April, May, June, July):

    April: http://www.cilawgroup.com/news/2011/03/09/april-2011-visa-bulletin-%E2%80%93-slow-movement-in-eb-no-movement-again-for-eb-2-india-fb1-retrogresses-fb2a-moves-forward/

    May: http://www.cilawgroup.com/news/2011/04/09/may-2011-visa-bulletin-%E2%80%93-eb-2-india-advances-fb1-and-fb2b-unchanged-future-visa-bulletin-predictions/

    June: http://www.cilawgroup.com/news/2011/05/12/june-2011-visa-bulletin-%E2%80%93-eb-2-india-and-china-advance-fb1-and-fb2b-unchanged/

    July: http://www.cilawgroup.com/news/2011/06/09/july-2011-visa-bulletin-%E2%80%93-significant-forward-movement-in-eb-2-indiachina-other-workers-and-fb2a-fb1-remains-unchanged/

    So, I do not think the analysis is up-to-date, unless they think seven-month is considered as "slow".:)

  7. I attended the conference yesterday. However, I did not get a chance to ask questions. The host explained that there were too many people waiting in the line. I share the notes I took in the conference below. They may not be accurate and complete, as I could not catch their words 100% over the phone. Please just treat them as your references. I hope complete official meeting minutes will be published in http://www.dhs.gov/xabout/structure/gc_1171038701035.shtm soon.

    The host interviewed Charles Oppenheim who is responsible for controlling the cutoff date in Department of State, and another officer from Nation Visa Center.

    Charles first explained how the retrogression happened. During 2009-2010 he noticed that the demand for family immigration visas were very small; the low response rate from the documentary qualified applicants may be due to different reasons, such as poor US economy, lack of affidavit support, or lack of filing fees. Thus he advanced the cutoff dates rapidly in order to use up the annual quotas, and he managed to do so. However, starting from September 2010, he saw huge spikes of demands. he hoped the peak would disappear so he continued to move cutoff dates forward for three months. But the demand continued to be high and used more quotas in the first three months of FY2011 than they should be allocated, thus he had no choice but retrogress the cutoff dates from January."

    The host then asked the one-million-dollar question: when will the retrogression end? Charles said he has no prediction on that, and emphasized that people should not trust any predictions from blogs or forums, because only he himself can see the most accurate data.

    During the public Q&A session, I recorded down the several questions.

    One immigration lawyer said many clients filed immigration petitions for their relatives. During the long waiting time, their beneficiaries were unable to get visitor visas to enter US, due to the immigrant intent. She then asked Charles whether there are any ways to resolve this conflict. Charles responded that filing immigration petitions does not preventing get visitor visas absolutely, as well as they can convince the visa officers, which is case by case. But he admitted that immigration petitions have negative effects on getting the visas.

    Another lawyer said a lot of clients approached her last year when the F2A waiting time seemed to be only 5 months. But the sudden retrogression was not foreseen and ruined a lot of families' unification plans. She suggested Charles should make the cutoff dates more foreseeable, from a lawyer's perspective. Charles' reply, as usual, is that he determines the cutoff dates solely according to the demands, which are not predictable. He emphasized, a common misunderstanding is that all the applicants before the current cutoff dates have ALL been processed; however, it's not the case. Many qualified applicants were not responding NVC due to various reasons.

    There was a question about whether DOS/USCIS could give those waiting beneficiaries a parolee status to stay in US with their families. Charles responded that this change would require a legalization process; and he thinks who would be qualified to get the status is unclear to him. He then added, they can remain in US to wait as well as you keep another legal status.

    There were also a couple of questions about CSPA, address change and NVC fees. I did not take notes because I am not familiar with those issues.

    Hope the above helps.

  8. How would you let the government/agencies know your suffering? writing to congress? any other suggestions for letters, petitions etc?

    I have written to the senator of my state, but did not get any response except an auto-reply. I think we should have an organization and let the government and media know our situations. I know that the EB2/EB3 applicants from China and India have their unions to lobby the government (they are suffering from the excessive waiting time too). I think we have more reasons to convince the government:

    1. Separating husband & wife/parents & kids are very inhumane and conflicts with human rights and family unification (one of America's core values).

    2. Unlike EB applicants, our beneficiaries are mostly not competing jobs with American citizens, instead will spend more to stimulate the economy.

    3. The beneficiaries will immigrate after all (in the worst case after 5 years when the petitioners become citizens), and most likely they (and their petitioners) will finally be US citizens. Thus, I do not see the reason to keep the future citizens waiting and being upset.

    4. We have much more suffering applicants than those in EB categories, from all over the world.

    5. Our petitioners will have vote rights sooner than those who are still waiting for GC.

    Please let me know your comments on these.

  9. Hi friends,

    I filed F2A petition for my wife and we are suffering from the long waiting. I will call in to participate in the upcoming teleconference:

    http://www.dhs.gov/xabout/structure/gc_1171038701035.shtm

    I prepared the following questions to ask USCIS and DOS guys. Any comments are welcome:) Everyone of us should participate to push USCIS/DOS!

    PS: The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) provides recommendations for resolving individual and employer problems with USCIS. CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. Last year, CIS Ombudsman found out that there were many F2A visas going to be unused, thus pushed USCIS/DOS to advance the cutoff dates rapidly.

    --------------------------------------------------------------------------------------------------------------------------------------------------

    1. Now we are suffering from excessive waiting time due to the huge backlogs. However, the 88, 000 annual quota for F2A visas has not been fully utilized in the recent years. In the fiscal year 2010, only 60,652 F2A visas were issued. That means nearly one-third of visas are given to other categories, while a lot of families are suffering from separation. It is obviously not fair to F2A petitioners. I understand that DOS advanced the cutoff dates rapidly last year in order to reduce unused visas, but it seems that the results are disappointing. Will DOS/USCIS propose a better way to make sure visas will not go unused? Is it possible to recapture the unused visas in past years in order to reduce the backlogs?

    2. Is it possible to let LPR's spouses/minor children a legal status to stay in U.S.? Even the spouses/children of students, visiting scholars, or temporary workers could obtain a legal status (F2, J2, or H4), there's no reason that LPRs have to be separated with their spouses and kids. I want to find out possibilities of the following ways to achieve family unity: (1) Reinstate V visa, which allowed the beneficiaries to stay in US while the immigration process takes its course (It's currently only valid for whose priority dates prior to year 2000); (2) Launch a “family reunification parole program” to allow all the F2A participants to be paroled into the United States before the visas are approved. USCIS has launched such program for Cuban applicants in 2007; (3) Reclassify F2A as immediate relative, thus no longer subject to the numerical quota.

    3. How will you predict the cutoff date movement in the following months?

    ---------------------------------------------------------------------------------------------------------------------------------------------------

  10. Hi,

    I am facing a pretty complicated situation and looking for suggestion here.

    I am a LPR and going to get married. My gf is currently holding F-1 visa and her OPT application is pending. She will start working with OPT first in Aug and an H1-B visa will be sponsored later (probably early next year, cap-exempt). I would like to apply F2A green card for her, considering the VB advance in F2A category recently, and I still have 4 years to get US citizenship. However I have a few questions:

    1. I understand that since I am a LPR, marrying with her will bring immigration intent for her. Will this affect her OPT application, and/or H1B application (she is not in STEM major so there's no issue about OPT extension)? She is still holding a valid F-1 visa stamp which will expire Feb 2011. If she plans to go back to home country and reenter US end of this year, will the marriage bring any difficulty for the reentry?

    2. I am a bit confused by the I-130 processing time. From the USCIS website, I found the processing time of I-130 for LPR spouse is 5 months in TSC and 17 months for VSC. However I saw most cases reported here took more than 3 years. Is it because USCIS did not process I-130 until the visa number is available? Thus, provided that the VB in F2A category has advanced to July 2008, can I expect to get green card for my future wife in 2-3 years (I know VB is unpredictable, that's just my best hope)?

    3. If I am living in Atlanta, which service center I am belonging to?

    Sorry for the wordy questions for my complicated scenario. In summary, what time line do you suggest me to get married and file 130-petition? Should it be right now, or after she gets OPT approval, or after she is back from the home country, or after she gets H1B done?

    Thanks a lot in advance.

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