July Visa Bulletin

Published

As per the Mumbai Consulate web-site, the EB3 category is now UNAVAILABLE.

Here's the link:

http://mumbai.usconsulate.gov/cut_off_dates.html

Just an FYI and not meant to either give false hope or douse anything.

Some immigration lawyers are actually just waiting for the Official Visa Bulletin to be published as some of them saw that something was not right ever since they read what was written on last month's VB. They could not act upon it as soon as they read it since it has not yet happened but since the July VB has already been published; they can now act upon it.

Could your further elaborate? What was wrong according to them?

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Could your further elaborate? What was wrong according to them?

According to some lawyers, the distribution of visas by law are supposedly to be distributed on a quarterly basis and there is also a cap on how many visas are suppose to be allocated in the 1st 3 qtrs. It is suppose to be max. of 27% per qtr for the 1st 3 qtrs and the remaining 19% in the last qtr plus all unused visas coming from EB1, EB2, EB4 and EB5.

They unofficially call this re-capping or spilling-over and this is done on the last qtr. Unused visas in the EB1 will spill-over to EB2 first and then if there are still unused visas from EB2, it is to spill over to the EB3s. Unused visas from EB4 and EB5 are also to go to EB1 as well then cascade down again to EB2 and finally EB3. So, when the June VB went out last month saying the visa #s are expected to be all out by July this made some lawyers wonder. July is the 1st month of the last qtr of the fiscal year. There should still be 19% visas remaining plus all the unused visas are re-capped on this month. Retrogressing cut-off dates (esp. saying "unavailable") in July means they have used 100% of visa allocations all in the 1st 3 qtrs w/c by law should not have been allowed.

Of course, there are a lot more that are not being followed that are just not getting a spotlight as well but nonetheless being done. A good example is the supposed perception that once NVC schedules an appointment for an applicant that they are reserved a visa # already. So, someone who already has a interview appointment should technically have a visa # reserved to him and should not be affected by retrogression of dates thereafter but this is not done as well. Scheduled appointment dates are still being canceled at the embassies which leads to some people thinking where does the supposed reserved visas going? It has to go somewhere. This now leads to people thinking that it may have been mis-allocated to some place else w/c now leads to complaints of some countries getting more than their allowable pre-set allocation.

In particular, they have been complaining that 2 countries are getting more than their fair share of allocations and some lawyers have noticed this as well when the report of the 2007 visa allocation was posted. They noticed that some countries were given more than what is allocated but at the same time one or 2 countries was given slightly below on what is allowed for them. You will read that on the July VB when they are attempting to explain why that happened. I'm sure their will still be some lawyers who reads it that will not accept the explanation that was given. Some lawyers could not care less, esp. if majority of their clients are coming from the perceived "favored" countries.

Remember, what is happening is almost what happened last year. A mini July-VB fiasco ??

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According to some lawyers, the distribution of visas by law are supposedly to be distributed on a quarterly basis and there is also a cap on how many visas are suppose to be allocated in the 1st 3 qtrs. It is suppose to be max. of 27% per qtr for the 1st 3 qtrs and the remaining 19% in the last qtr plus all unused visas coming from EB1, EB2, EB4 and EB5.

They unofficially call this re-capping or spilling-over and this is done on the last qtr. Unused visas in the EB1 will spill-over to EB2 first and then if there are still unused visas from EB2, it is to spill over to the EB3s. Unused visas from EB4 and EB5 are also to go to EB1 as well then cascade down again to EB2 and finally EB3. So, when the June VB went out last month saying the visa #s are expected to be all out by July this made some lawyers wonder. July is the 1st month of the last qtr of the fiscal year. There should still be 19% visas remaining plus all the unused visas are re-capped on this month. Retrogressing cut-off dates (esp. saying "unavailable") in July means they have used 100% of visa allocations all in the 1st 3 qtrs w/c by law should not have been allowed.

Of course, there are a lot more that are not being followed that are just not getting a spotlight as well but nonetheless being done. A good example is the supposed perception that once NVC schedules an appointment for an applicant that they are reserved a visa # already. So, someone who already has a interview appointment should technically have a visa # reserved to him and should not be affected by retrogression of dates thereafter but this is not done as well. Scheduled appointment dates are still being canceled at the embassies which leads to some people thinking where does the supposed reserved visas going? It has to go somewhere. This now leads to people thinking that it may have been mis-allocated to some place else w/c now leads to complaints of some countries getting more than their allowable pre-set allocation.

In particular, they have been complaining that 2 countries are getting more than their fair share of allocations and some lawyers have noticed this as well when the report of the 2007 visa allocation was posted. They noticed that some countries were given more than what is allocated but at the same time one or 2 countries was given slightly below on what is allowed for them. You will read that on the July VB when they are attempting to explain why that happened. I'm sure their will still be some lawyers who reads it that will not accept the explanation that was given. Some lawyers could not care less, esp. if majority of their clients are coming from the perceived "favored" countries.

Remember, what is happening is almost what happened last year. A mini July-VB fiasco ??

Last year when the State Dept screwed up by making all categories available for a day, immigration lawyers filed law suits to force them to sustain the July visa bulletin nos. right till August, although no visa nos. were actually available. Thus adding to backlogs and pushing cut offs back by years. Many CP applicants with completed cases had the visa interviews cancelled in favour of queue jumpers.

This year they allowewd rapid movement of cut-offs dates, thus preventing visa wastage by USCIS and many applicants with old PDs finally got their chance. It has shifted the balance in favour of CP applicants for once. Some immg. lawyers are now advising their clients to go in by the CP route rather than AOS. I think the State dept. did a good job overall, and although nos. are unavailable right now, it should come back to june visa bulletin nos. by start of next fiscal year. I fear what will be the consequences of another law suit by these immg attorneys.

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Specializes in Medical Surgical-current.

This is really sad for now, :(

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E3 is unavailable now but the VB also mentioned that dates will be back as of June VB on October. That is only 4 months from now. Think of it, PD of March 2006 at the beginning of the fiscal year with a fresh quota for the whole fiscal year. As of this time, think of the situation as a delay or a setback. Think positively and make good use of the 4 months waiting to enjoy life, improve on your skills and especially to get to know God who will make all what you want possible.

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Last year when the State Dept screwed up by making all categories available for a day, immigration lawyers filed law suits to force them to sustain the July visa bulletin nos. right till August, although no visa nos. were actually available. Thus adding to backlogs and pushing cut offs back by years. Many CP applicants with completed cases had the visa interviews cancelled in favour of queue jumpers.

This year they allowewd rapid movement of cut-offs dates, thus preventing visa wastage by USCIS and many applicants with old PDs finally got their chance. It has shifted the balance in favour of CP applicants for once. Some immg. lawyers are now advising their clients to go in by the CP route rather than AOS. I think the State dept. did a good job overall, and although nos. are unavailable right now, it should come back to june visa bulletin nos. by start of next fiscal year. I fear what will be the consequences of another law suit by these immg attorneys.

I don't think they will do such thing again. Majority of them (both the lawyers and the applicants themselves) realized that it was a mistake and more of a selfish reason more than anything else. Those who filed in July and Aug. (at least those who understood the consequences of doing so) has already accepted the fact that they will not be getting their GCs in the near future.

When they bring the cut-off date in Oct to June VB levels, there is no guarantee that it will move forward right away as well. The best it can do is repeat what they have done this fiscal year, which is movement somewhere in the 2nd qtr., then prob. ask again for updated DS-230 forms, Police clearances, then take their time to send the letters for the updates and then take their time again in forwarding it to the embassies. After which, even before they can forward anything to the embassy DOS would have retrogressed the cut-off date again. Seriously... they are wasting every one's time and their own as well.

Only thing I can think off that can save nurses from this cycle that goes to nowhere is to have a visa category of their own again.

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I don't think they will do such thing again. Majority of them (both the lawyers and the applicants themselves) realized that it was a mistake and more of a selfish reason more than anything else. Those who filed in July and Aug. (at least those who understood the consequences of doing so) has already accepted the fact that they will not be getting their GCs in the near future.

When they bring the cut-off date in Oct to June VB levels, there is no guarantee that it will move forward right away as well. The best it can do is repeat what they have done this fiscal year, which is movement somewhere in the 2nd qtr., then prob. ask again for updated DS-230 forms, Police clearances, then take their time to send the letters for the updates and then take their time again in forwarding it to the embassies. After which, even before they can forward anything to the embassy DOS would have retrogressed the cut-off date again. Seriously... they are wasting every one's time and their own as well.

Only thing I can think off that can save nurses from this cycle that goes to nowhere is to have a visa category of their own again.

but at least the people who became current in Jun vb and before will be current in Oct meaning at least some nurses will move
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Does somebody know what they(NVC) are going to do while eb3 visas unavailable: will they continue reviewing received documents; what about completed cases as the visas become available - will they forward them to the consulates or they request updated DS230 and police cert. again?

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Specializes in Medical and general practice now LTC.

NVC cover all visas so expect them to be busy doing other stuff

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but at least the people who became current in Jun vb and before will be current in Oct meaning at least some nurses will move

Yes, you are right. The ones who are current on June VB will mostly move come Oct. but we should really be thinking of the big picture and for the over-all benefits of everyone and not just a few.

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Yes, you are right. The ones who are current on June VB will mostly move come Oct. but we should really be thinking of the big picture and for the over-all benefits of everyone and not just a few.

Hi Lawrence,

My case was completed April 24. With July VB, I believe that they haven't reserved a visa for me. Just want to ask you if NVC will keep my file as "case completed" til Oct were they expect VB's to return the way it was with June (with my pd current)? or on Oct, they will again ask for another set of updated docs?

Since it is expected that Oct VB will be current again for some of us, will the NVC continue to process our papers like forward them to their respective consulates before FY 2009?

Thanks!

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Hi Lawrence,

My case was completed April 24. With July VB, I believe that they haven't reserved a visa for me. Just want to ask you if NVC will keep my file as "case completed" til Oct were they expect VB's to return the way it was with June (with my pd current)? or on Oct, they will again ask for another set of updated docs?

Since it is expected that Oct VB will be current again for some of us, will the NVC continue to process our papers like forward them to their respective consulates before FY 2009?

Thanks!

If you are not given an interview date then nothing is reserved.

On the other hand, being given an interview date would not necessarily mean that the embassy can't cancel it. We should know by now that they do cancel interview dates and even someone who was interviewed can have their passports either kept or returned w/o anything stamped on it and simply asked to return once there are visas again.

Whether they will ask for updates again is up to NVC. I would not be surprised if they will ask again, at least for the Ds-230 forms.

The reason why they ask for Ds-230 forms to be updated is to make sure they get visa allocations right and less work for the local embassy.

Constant updating of the Ds-230 forms is more to do with marital status, in my opinion. When they ask for Ds-230 forms, they expect you to update the marital status and add children as well at the time it will be sent to make sure that all information is accurate by the time it reaches the embassies.

Those planning to wed, should make use of this 3-4 month lull to get married so that they can include their husbands right from the start.

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