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World Immigration

Published

update on may 11 2005 :

you can consider this thread as closed since information posted here became obsolete on may 11 2005, once president george w bush signed the apropriations bill in to a law to make additional 50,000 visas available for nurses. this thread was started on dec 11 2004 when the worst news hit rn community that the pd dates have been retrogressed to jan 2002 and nurses will be the hardest hit.

now its official.

pd dates for eb3 cases from india,china, philippines retrogress to jan 2002.

read the official visa bulletin at http://www.travel.state.gov/visa/frvi_bulletincurrent.html

this is worst news for the rn community who wish to migrate to us.

this means that, rns who are already in us will not be able to file i485 (aos) after dec 31 2004 till the priority dates become current. its not clear how long it will take.

those who have managed to file aos will have a huuuuuuuuuge waiting time for their gc apporval.

those who are outside us, will have a loooooooong wait

for someone who is in us and has either cgfns/ncelx (with or without visascreen), the only option is to get an employer to file for i140 and 485 before dec 31 2004. this will make them eligible for ead and legal status in us.

considering the rn shortage, there are chances that they may introduce a new visa category or an exception for nurses. depends on how hard the empoyers lobby the congress.

Suzanne/the Words Of Caution Are Appreciated By The Vast Majority Of Nurses From India And Others //noteworthy Is The Response From Congress //the Speed And The Almost Unanimity Of Response //the Times For Nurses Are Looking Up//go Ahead And Get Your Papers In Place //good Day Kid80

is the bill been passed in senate?? does this mean it is for signing by the President.

One question, VISAs are for scehdule A only right, im not sure if mine is schedule A, cause in the I-140 it says skilled worker, so im not sure if im gonna benifit from this bill, thanks in advance.

Check with whoever filed the petition on your behalf............

[congratulations To Nurses //senate Agreed To Hr 1268 At 5.05 Pm On 10 May 2005 //100-0 Was The Voting//the Bill Now Goes To Prez Bush To Be Signed On 13 May 2005//god Bless America And The Congresss //special Thanks To The Senate Where It Was Introduced For Nurses In The First Place//good Day

President Bush just returned to US after his visit at Republic of Georgia. Hopefully the appropriations bill becomes law this week itself.

But, June Visa bulletin is only hours away, and I dont think the PD for Schedule A will be current on it.

I will explain to you in detail so that everybody can understand and end this confusion... Ok we all know that there are 2 MAJOR CATEGORIES OF VISA that can be allocated to applicant that would be based on one's petition. The first major category is the FAMILY BASED which i would not be discussing because you are more interested in the second category the EMPLOYMENT BASED. Employment Based visas have a worldwide limit of 140,000. I hope you agree again coz i am 100% right.

There are several categories of Employment Based visas...Do you agree? Definitely there is the EB1...extra ordinary ability (Einstein type) there is the EB2 (less Einstein like outstanding professors or researchers...nuclear scientists) EB3 in which most of you all belong... EB3 is separated by skilled/pro and other workers. (Other workers category of eb3 can only eat 10,000 visas) EB4 Religious workers, EB5 you have to possess million$$$ in order to be included in this category coz this is for investors...

(THIS IS DIFFERENT FROM THE 27% THE DOS IS TALKING ABOUT)

This means that out of the 140,000 worldwide limit the EB1 has 28.6% or 40,040 visas , EB2 has 28.6% or 40,040 visas, EB3 28.6% or 40,040 visas, EB4 7.1% or 9,940 visas, EB5 7.1% or 9,940...This is how EB are divided according to categories.

NOW THIS IS THE 27%...140,000 times 27% is equals to 37,800 Employment Based Visas... According to law and I am 100% right over Immigration and Nationality Act Sections 201, 202 and 203...You cannot give MORE THAN 37,800 EB visas for all categories PER QUARTER...this is the reason why DOS has shut down and retrogressed the PIC countries.

All countries regardless of population has the same number of annual cap which is 7%...So even China has a billion population China can only get 9,800 Employment Based visas. The reason why there is retrogression on the PIC countries (Philippines, India and China) is because they have exceeded the 9,800 Employment Based visas. Demands for visas for these countries are too high...

This is the reason why there is a retrogression...

TO END THE CONFUSION ON ALL OF YOU I WILL EXPLAIN IN DETAIL BASED ON COMPREHENSIVE RESEARCH OF THE LAW HOW VISA NUMBERS ARE DISTRIBUTED I CAN EVEN HAVE A DEBATE TO ANY IMMIGRATION LAWYER...

In this case since there is a 27% ban on the distribution of visas PER QUARTER and the 7% CAP of the PIC countries. The reason why there is a backlog on EB3 is because there are many applicants or the demand is HIGH...Since the EB3 can only eat up 28.6% or 40,040 WHICH IS BASED ON THE LAW of the worldwide level ALL OF YOU are retrogressed even further plus the 7% per country cap...

NOW WHAT WOULD HAPPEN TO THE LAST QUARTER OF THE FISCAL YEAR???

I CHALLENGE ANY IMMIGRATION LAWYERS, OR ANYBODY SMART TO PROVE THAT I AM WRONG BASED ON THE LAWS OF INA SECTIONS 201, 202 AND 203 AND THE AC21 ACT OF 2000...

The last quarter of the fiscal year which would start at July 1, 2005 and ends at September 30, 2005 would...REMEMBER THIS WOULD ONLY HAPPEN IF THERE ARE VISAS AVAILABLE

1. The law states that if there are not too many EB1 or einstein that ate up the 28.6% visa allotment for them it would go to EB2...Ok if there are not that too many EB2 that eat up the numbers of 28.6% plus the ones that the EB1 did not use it will GO TO EB3...yeah all of these numbers that were not used by the EB1 and EB2 FOR THE WHOLE WORLD NOT ONLY IN THE PIC COUNTRIES category WILL GO TO EB3.

2. The last quarter lifts the per country cap of 7% if there are still visas available...Yes you are all right you can all eat the LEFTOVER visas...

3. Numbers that were not used in the FAMILY BASED categories will be alloted to a category who has still some demands...in this case the EB3 has still demands that is why the DOS published that there are still 7,000 VISAS.

4. It lifts the 27% ban on visas...These 27% has two effects that would be beneficial for the PIC countries...Here is the analysis... We have a 7% per country cap right? For example the PIC countries has reached their 7% cap at the first quarter of FY 2005 which was last October 1, 2004 to December 31, 2005 which the DOS claimed we have reached that because they shut the PIC countries down and only 2002 or earlier can demand for visas. 27% of 140,000 is 37,800 visas for each quarter...

I checked the statistics of USCIS based on the demand for visas for other countries on previous years and i found out that there are not that too many demands for other countries...Only Phil, India, China and Mexico has high demand for numbers...

I AM NOT SURE but I think not all of the 27% are being exhausted for each quarter based on my analysis... I am sure you will be asking me "SO WHY THE VISA BULLETIN ARE TOO SLOW?"

There are 2 reasons. One is because of the 7% per country cap, and second...because of the USCIS intention to clear the backlog THEY REALLY NEED TO SLOW DOWN THE PROCESSING of other new cases... For example they posted dates on I-140 Schedule A in the California Service Center that they are processing December 2005 dates when in fact there are still June 2005 THAT ARE NOT BEEN ADJUDICATED.

OR IT MIGHT BE THE 27% LEVEL HAS BEEN USED AS CLAIMED BY DOS...

Ok but the GOOD THING...assuming not all the 27% has been used for the last three quarters...What is leftover from the 3 quarters will be given to ALL OF YOU...

4. AC21 WOULD STILL BE AVAILABLE...I WILL STAND BY MY RESEARCH THAT THERE IS A DIFFERENCE BETWEEEN THE NUMBERS THAT WERE RECAPTURED FROM 1999 TO 2000 which is 101,000 AND THE ONE'S THAT WAS PREVIOUSLY RECAPTURED 2001, 2002, 2003, 2004 which are for schedule A.

The 101,000 EB visas would still be available for ALL EB3 as stated by DOS...This is different from the 130,000 EB for schedule A...

OK LABOUR CLEARED THIS IS BASED ON THE LAW...THE ONE THAT YOU CHATTED WITH IS A FAKE...YOU KNOW WHY????

AC21 NUMBERS CAN ONLY BE USED ONCE THE 140,000 ANNUAL LIMIT FOR EMPLOYMENT BASED VISAS HAS BEEN USED, DRIED UP AND EXHAUSTED...

So these AC21 numbers would still be available for all of you...

So i challenge anyone to prove that i am wrong based on the law...

I am not a lawyer...I am just so cool...

SIMPLY PUT THE PROBLEM IS OVER FOR NOW//THE PEOPLE IN CONGRESS MUST HAVE OBVIOUSLY RELIED ON EXPERTS AND DONE THE NEEDFUL//could u put that in simple terms so that a less brainy one could get it //

Hey NIMISHAVARGHESE:

This is STILL_DALE or simply DALE

from http://boards.immigrationportal.com/showthread.php?p=1144959#post1144959

I have written that article in immigration.com forums. why didn't you qoute it? You even erased my name! That's plagiarism! Copying one's work is illegal and unethical

dale

I haven't clamed that I am the author of this article. All the credit goes to u. And thank you for the analysis. I just thought it would be helpful information for many who doesn't still knows the facts and figures on retrogression. And I clearly stated in the title that "Good One" I meant a good article. :)

I will explain to you in detail so that everybody can understand and end this confusion... Ok we all know that there are 2 MAJOR CATEGORIES OF VISA that can be allocated to applicant that would be based on one's petition. The first major category is the FAMILY BASED which i would not be discussing because you are more interested in the second category the EMPLOYMENT BASED. Employment Based visas have a worldwide limit of 140,000. I hope you agree again coz i am 100% right.

There are several categories of Employment Based visas...Do you agree? Definitely there is the EB1...extra ordinary ability (Einstein type) there is the EB2 (less Einstein like outstanding professors or researchers...nuclear scientists) EB3 in which most of you all belong... EB3 is separated by skilled/pro and other workers. (Other workers category of eb3 can only eat 10,000 visas) EB4 Religious workers, EB5 you have to possess million$$$ in order to be included in this category coz this is for investors...

(THIS IS DIFFERENT FROM THE 27% THE DOS IS TALKING ABOUT)

This means that out of the 140,000 worldwide limit the EB1 has 28.6% or 40,040 visas , EB2 has 28.6% or 40,040 visas, EB3 28.6% or 40,040 visas, EB4 7.1% or 9,940 visas, EB5 7.1% or 9,940...This is how EB are divided according to categories.

NOW THIS IS THE 27%...140,000 times 27% is equals to 37,800 Employment Based Visas... According to law and I am 100% right over Immigration and Nationality Act Sections 201, 202 and 203...You cannot give MORE THAN 37,800 EB visas for all categories PER QUARTER...this is the reason why DOS has shut down and retrogressed the PIC countries.

All countries regardless of population has the same number of annual cap which is 7%...So even China has a billion population China can only get 9,800 Employment Based visas. The reason why there is retrogression on the PIC countries (Philippines, India and China) is because they have exceeded the 9,800 Employment Based visas. Demands for visas for these countries are too high...

This is the reason why there is a retrogression...

TO END THE CONFUSION ON ALL OF YOU I WILL EXPLAIN IN DETAIL BASED ON COMPREHENSIVE RESEARCH OF THE LAW HOW VISA NUMBERS ARE DISTRIBUTED I CAN EVEN HAVE A DEBATE TO ANY IMMIGRATION LAWYER...

In this case since there is a 27% ban on the distribution of visas PER QUARTER and the 7% CAP of the PIC countries. The reason why there is a backlog on EB3 is because there are many applicants or the demand is HIGH...Since the EB3 can only eat up 28.6% or 40,040 WHICH IS BASED ON THE LAW of the worldwide level ALL OF YOU are retrogressed even further plus the 7% per country cap...

NOW WHAT WOULD HAPPEN TO THE LAST QUARTER OF THE FISCAL YEAR???

I CHALLENGE ANY IMMIGRATION LAWYERS, OR ANYBODY SMART TO PROVE THAT I AM WRONG BASED ON THE LAWS OF INA SECTIONS 201, 202 AND 203 AND THE AC21 ACT OF 2000...

The last quarter of the fiscal year which would start at July 1, 2005 and ends at September 30, 2005 would...REMEMBER THIS WOULD ONLY HAPPEN IF THERE ARE VISAS AVAILABLE

1. The law states that if there are not too many EB1 or einstein that ate up the 28.6% visa allotment for them it would go to EB2...Ok if there are not that too many EB2 that eat up the numbers of 28.6% plus the ones that the EB1 did not use it will GO TO EB3...yeah all of these numbers that were not used by the EB1 and EB2 FOR THE WHOLE WORLD NOT ONLY IN THE PIC COUNTRIES category WILL GO TO EB3.

2. The last quarter lifts the per country cap of 7% if there are still visas available...Yes you are all right you can all eat the LEFTOVER visas...

3. Numbers that were not used in the FAMILY BASED categories will be alloted to a category who has still some demands...in this case the EB3 has still demands that is why the DOS published that there are still 7,000 VISAS.

4. It lifts the 27% ban on visas...These 27% has two effects that would be beneficial for the PIC countries...Here is the analysis... We have a 7% per country cap right? For example the PIC countries has reached their 7% cap at the first quarter of FY 2005 which was last October 1, 2004 to December 31, 2005 which the DOS claimed we have reached that because they shut the PIC countries down and only 2002 or earlier can demand for visas. 27% of 140,000 is 37,800 visas for each quarter...

I checked the statistics of USCIS based on the demand for visas for other countries on previous years and i found out that there are not that too many demands for other countries...Only Phil, India, China and Mexico has high demand for numbers...

I AM NOT SURE but I think not all of the 27% are being exhausted for each quarter based on my analysis... I am sure you will be asking me "SO WHY THE VISA BULLETIN ARE TOO SLOW?"

There are 2 reasons. One is because of the 7% per country cap, and second...because of the USCIS intention to clear the backlog THEY REALLY NEED TO SLOW DOWN THE PROCESSING of other new cases... For example they posted dates on I-140 Schedule A in the California Service Center that they are processing December 2005 dates when in fact there are still June 2005 THAT ARE NOT BEEN ADJUDICATED.

OR IT MIGHT BE THE 27% LEVEL HAS BEEN USED AS CLAIMED BY DOS...

Ok but the GOOD THING...assuming not all the 27% has been used for the last three quarters...What is leftover from the 3 quarters will be given to ALL OF YOU...

4. AC21 WOULD STILL BE AVAILABLE...I WILL STAND BY MY RESEARCH THAT THERE IS A DIFFERENCE BETWEEEN THE NUMBERS THAT WERE RECAPTURED FROM 1999 TO 2000 which is 101,000 AND THE ONE'S THAT WAS PREVIOUSLY RECAPTURED 2001, 2002, 2003, 2004 which are for schedule A.

The 101,000 EB visas would still be available for ALL EB3 as stated by DOS...This is different from the 130,000 EB for schedule A...

OK LABOUR CLEARED THIS IS BASED ON THE LAW...THE ONE THAT YOU CHATTED WITH IS A FAKE...YOU KNOW WHY????

AC21 NUMBERS CAN ONLY BE USED ONCE THE 140,000 ANNUAL LIMIT FOR EMPLOYMENT BASED VISAS HAS BEEN USED, DRIED UP AND EXHAUSTED...

So these AC21 numbers would still be available for all of you...

So i challenge anyone to prove that i am wrong based on the law...

I am not a lawyer...I am just so cool...

By Federal Law, you must supply the author's name, etc. when posting anything here that has been copied, or provide the link.......otherwise it looks like you wrote it.........

US media reports that President Bush "look forward to signing this bill in to a law" on a written statement Yesterday.

President Bush just returned to US after his visit at Republic of Georgia. Hopefully the appropriations bill becomes law this week itself.

But, June Visa bulletin is only hours away, and I dont think the PD for Schedule A will be current on it.

SEE VARGHESE NEVER WANTED TO POST AS HER OWN//THAT IS CLEAR //OTHERVISE SHE WOULD HAVE DOCTORED IT//ANYWAY THAT IS TAKEN CARE OF //WITHOUT BEATING AROUND THE BUSH WE CAN SAFETLY CONCLUDE THAT THE BILL WILL BE SIGNED BEFORE 13 MAY (LOGIC 14 AND 15 ARE HOLIDAYS)//WHY CARRY ANYTHING ON A WEEKEND//FURTHER THE USCIS IS EXPECTED TO MAKE JUNE CURRENT FOR NURSES (logic with the whole country seized of the matter they would also shown their ability to respond to a problem which is fast gaining epidEmic proportions)LASTLY MISS VARGHESE I THANK U FOR GETTING THE FACTUAL POSITION TO OUR KNOWLEDGE//AND REQUEST MR HALE TO STATE HIS VIEWS IN LESSER WORDS //GOD BLESS AMERICA//GOOD DAY

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