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  • nandakumar
    05-28 09:47 PM
    1. Employment-Based Visa Number Movement and Predictions

    Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?

    Historical Background

    Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.

    Current Trends in Visa Usage

    Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.

    Predictions for Movement and Usage of EB Visa Numbers

    Employment-Based, First Preference (EB1)
    Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.

    Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.

    Employment-Based, Second Preference (EB2)
    The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.

    Employment-Based, Third Preference (EB3)
    All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.

    Employment-Based, Fourth Preference / Certain Religious Workers
    There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.

    Visa Numbers for Indian Nationals
    Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.

    FY2010 Predictions by Charles Oppenheim of DOS

    Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.

    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.


    We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

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  • fairman
    08-18 11:06 PM
    The IV page is full of Active-X controls. God knows what happens when i allow them to execute. Is there a way to find out what are those ?

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  • rishimehta
    09-12 05:25 PM
    I worked for the company X for 5 Years . During this period My labor was approved in PERM in EB3 PD 05/15/2006. My I - 140 was alos approved Sep 2006 in EB3. I left the company X & started to work for another technology company Y. In July of 2007, I applied for the I-485 via Company X based on Future employment. I-485 is pending since July 2, 2007. Also applied for EAD & Advance parole which latter got approved. Meanwhile, I have an old labor pending with Company X which got approved with PD of Jan 23, 2003 in EB 2 Category. Company X applied for I-140 based In EB2 PD Jan 2003. This I -140 got approved in May 2008. Company X requested Interfiling with USCIS. Meanwhile I Changed jod & started working for company Z with H1B Transfer.

    Here are my questions:
    Can I revoke AC21 with my new company Z?
    What happens if Company X closes before my I-485 is approved or an RFE is received.
    What should I do to minimize risk in getting Green card. Note that Company X is not in a very Good financial position currently.

    Your response is aapprciated.

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  • AllVNeedGcPc
    07-03 11:11 AM
    Deleted personal info as "Question was never answered"


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  • shukla77
    05-29 04:07 PM
    All those people who are saying let us inform USCIS, if 50% of them go home today and draft letter and post or email it, then that will be significant achievement for today. Emotional exchanges without any concrete plan after a bad news is norm here. Look at the past few bulletins. Let us do gandhigiri, let us do flower campaign, let us do rally, questiion is WHAT WE REALLY DO not "LET US".

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  • hatighora
    07-11 05:55 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.


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  • eb3retro
    07-22 09:12 AM
    not really..i think we want to give a benefit of doubt to the amway person not to do this and lose our friendship (esp when close friends do this to you). We know how to be tough. Been there done that. I came to a conclusion that people who cannot understand the value of friendship can never be true friends. Esp when my close friend spoiled his friendship with me due to amway.

    We desis are too polite and can't say NO easily like others. I have learnt to say NO in the US now, makes my life much nice and say no politely.

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  • gc_dream2009
    01-13 04:08 PM
    Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.

    By the way, I don't think you won ANYONE over so far. Keep trying...
    If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
    sheriking and teqaring of hair and other stuff.

    To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies

    My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....

    Good Luck To You TOO.


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  • vikki76
    02-19 12:03 AM
    I like it too Alisa.Very well said.
    H1-B, High Skill Immigration needs to be separated and we should know an answer from US govt/public official ,what matters most.
    If I don't get a GC within next 2 years, I will be forced to start my new hi-tech venture from Bangalore.

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  • nixstor
    07-03 09:24 PM
    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.

    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.


    I am planning to come up with a format for calling key senators and congress men on Thursday morning. Lets do this. Mean while please keep digging and blogging.


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  • sukhwinderd
    05-25 12:07 PM

    you are much better of in india if you cant get GC in the US.

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  • jaithran
    01-14 09:24 AM
    First of all, I am neither a donor nor a person interested in spending any of my time & energy (Except filing documents and visiting forums like IV once in a while to check progress) in running behind this GC stuff, as that�s not my priority-simple. But I wish and would really be happy if I get my GC quicker as it got its benefits. Having said that, I am not against any kind of efforts volunteered by people/group, who are very serious about GC and I really respect and appreciate their efforts, but I think I have the freedom to express my sincere opinion.
    Plainspeak really make some sense here because sometimes just getting satisfied with a patch up solution would be a bigger disaster in longer run. As person being here in US for a decade and being in the GC Queue for half a decade, I strongly believe EB2-I is never going to be current anymore and EB3-I is never going to get any spill over from the DV bill if passed in its current format. So the option left here is either take whatever you get and hope for the best OR (EB2 and EB3) together fight/work for the right thing to happen, instead of being silent just because you may be a beneficiary of the current format, though it�s not right. I hope everyone here will agree and accept that the right thing would be EB-3 getting at least 50% of spill over whatever EB-2 gets. IV may not succeed in that effort but IV being silent can never be justified.
    Also Volunteering is something which you do for the benefit of others without any expectation and I really appreciate all the volunteers here for their efforts but, some of them often directly/indirectly pass derogatory comments on non-donors and non-volunteers especially when they differ on views and immediately they ask, how many congress men you met? � Which is inappropriate and it�s like saying either agree with what we say or shut up, if you are a not a volunteer or donor. And nothing wrong in you having a policy like that but in that case you can restrict the write access to only volunteers and donors. I am also totally against any non-donors/non-volunteers making derogatory comments on volunteers/donors as they deserve more appreciation than derogatory comments for what they do.


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  • logiclife
    06-28 05:51 PM
    Does someone know what date in June they started turning back EB3-Other WOrkers?

    That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.

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  • ujjwal_p
    05-11 07:25 PM
    I never stated that I support LTTE.

    I understand, how intolerant you are. What is wrong in protesting or showing resentment?

    It's not about showing resentment. Being able to protest is a fundamental right in a democracy, unlike a dictatorship which essentially the LTTE is. We do that everyday in India, America and other democratic setups. It's quite clear that you don't understand the basic concept of a pluralistic democracy that India and America stand for. To see what's wrong with what you said, let me quote you back :

    As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.

    Now if you don't see anything wrong with that, fair enough. But I do. I don't see resentment there. I see treason. In fact, along with you I'll also probably party when you become a USC. That day will be as happy a time for Indians to not have you around as I'm sure it'll be for you.


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  • GCkiTaisi
    05-01 11:07 PM
    My blood boils in digust when I read such stories..

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  • deepakjain
    01-22 11:18 AM
    The solution for this is to talk to USCIS thro IV or AILA or both. If that will not work then lawsuit will be the option if USCIS violated any law. If that also fails then legistrative option to realx the rules. If first option does not work then others are long shot. If nothing works then do not join bodyshoppers.

    At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].

    Note: Please have off hrs contact/Cell number of your HR manager and your manager



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  • snthampi
    07-31 11:52 AM
    Thanks Thampi. Someone does not see that as funny as you. Gave me two reds. But I dont care. That was a just a joke and I did not belittle anyone.

    Don't worry man. Some people take things too personal and just live in a box. This thread is hilarious and inspiring in terms of keeping our spirits high after reading all the negative stuff like waiting for another 5 years for the 485 outcome. So, keep going.

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  • Dyana
    02-15 02:33 PM
    We were ready to file last year in oct but our PD was not current yet. So we've been through medical exams already; We just waited and prayed for a current PD to file I 485.Thanks.

    Hope U're right and our PD will stay current for months.Thanks for encouragement.
    Yes, I'm not the primarily applicant and I badly need my EAD.

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  • ivar
    07-21 10:50 PM
    I guess there should be some T-Shirt to wear when going to Walmart or desi shop which says "Amway leaches keep away (some slogan)" to put these desi Amway guys to shame.

    When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.

    07-25 11:44 AM

    vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D

    07-03 04:46 PM
    Can we use this to send it to reporters?