If your priority date is on or before 1/1/2010, then you may apply for adjustment of status in February 2012.
http://www.usavisanow.com/visa-bulletin/visa-bulletin-dates-employment/
If your priority date is on or before 1/1/2010, then you may apply for adjustment of status in February 2012.
http://www.usavisanow.com/visa-bulletin/visa-bulletin-dates-employment/
Ad that was not run on a Sunday cannot be used in lieu of the mandatory Sunday ads under 20 CFR §656.17(e)(1)(i). (Matter of Discovery Networks)
The U.S. Embassy in New Delhi and U.S. Consulate in Mumbai will become the only acceptance centers in India for Immigrant Visas.
From AILA, 12/16/11: On 12/15/12, in order to release his hold on hold on H.R. 3012, Senator Grassley offered an amendment that would make dramatic changes to the bill including elimination of the family per county limit increase and reducing the employment based per country limit to 15%. Furthermore, his amendment would eliminate the diversity visa program and adds in provisions that would increase enforcement and U.S. worker protections to the H-1B and L-1 visa programs.
Senator Grassley’s amendment was objected to, therefore his hold on the bill remains. While other senators may try to negotiate a compromise amendment with Senator Grassley, at this time it appears unlikely that such an agreement is likely.
EB-2 India makes huge leap to January 1st 2009.
http://www.usavisanow.com/visa-bulletin/visa-bulletin-dates-employment/
Summary:
Matter of Karl Storz Endoscopy-America – Definition of Recruitment Period
The SWA PWD (Prevailing Wage Determination) was valid from September 11, 2008 to January 1, 2009.
The Employer placed a job order with the SWA (State Workforce Agency) and placed an advertisement with a job search website on September 5, 2008 (before the PWD was issued).
The Employer filed its application for Permanent Employment Certification (ETA Form 9089) on February 11, 2009 (after the PWD expired).
BALCA Discussion:
Employers are required to file their applications or commence the required recruitment within the validity period specified by the PWD.
“The first recruitment step, whatever step that may be, initiates the recruitment process. An employer can only begin recruitment once. Accordingly, “begin the recruitment” means that an employer begins the recruitment process by conducting its first recruitment step.”
For the purposes of Section 656.17(e), “the ‘recruitment period’ . . . refers to the six months prior to filing an application,” during which all of an employer’s recruitment must be conducted.”
The term “begin the recruitment” in 20 CFR 656.40(c) refers to the commencement of the first recruitment step, not to the commencement of any individual recruitment step.
BALCA Decision:
“The CO properly denied certification because the Employer neither began recruitment nor filed its application within the PWD validity period.”
H.R. 3012, the Fairness for High-Skilled Immigrants Act, introduced on September 22, 2011 by Rep. Chaffetz (R-UT), eliminates the employment-based per-country cap entirely by fiscal year 2015 and raises the family-sponsored per-country cap from 7% to 15%.
On 11/29/11 the House passed H.R. 3012, the Fairness for High-Skilled Immigrants Act by a vote of 389-15 with no additional amendments. The measure now moves on to the Senate for consideration.
On 10/27/11, the House Judiciary Committee held a markup and H.R. 3012 was reported favorably out of committee by a voice vote. An amendment from Rep. Lofgren (D-CA) that would make adjustments to the three year phase-in period was accepted. H.R. 3012 must next be scheduled for House floor debate which may occur in the next few weeks.
Our comment: While this is good news for those born in India and China, it is not so good news for all other countries since it does not increase the # of “visas” issued.
EB-2 India and China were the big movers, advancing from 11/1/2007 to 3/15/2008.
http://www.usavisanow.com/visa-bulletin/visa-bulletin-dates-employment/
About the Visa Bulletin:
The Visa Bulletin is issued monthly by the State Department, usually between the 8th and 15th day each month and provides availability of visas on a per country basis and within each preference category.
Because the demand for green cards exceeds the supply, many foreign nationals, especially those born in India and China and to a lesser degree Mexico and Philippines, have to wait in line until an immigrant visa is available.
The following factors determine how long a foreign national must wait in line to get a green card:
(1) The visa availability for the foreign national’s preference category (example: Eb-2, EB-3);
(2) The country to which the foreign national’s visa will be charged, which is usually the country of birth; and,
(3) The foreign national’s priority date (the date that the PERM was filed, or if no PERM was filed the date that the I-140 was filed).
Current processing time for PERM prevailing wage determinations is approximately 56 days.
October 27, 2011
We received prevailing wage determinations today that we filed on September 9, 2011.
October 21, 2011
We received prevailing wage determinations today that we filed on August 29, 2011.
October 20, 2011
We received prevailing wage determinations today that we filed on August 25, 2011.
October 13, 2011
We received prevailing wage determinations today that we filed on August 10, 2011.
October 6, 2011
We received prevailing wage determinations today that we filed on July 27, 2011.
October 5, 2011
We received prevailing wage determinations today that we filed on July 26, 2011.
September 29, 2011
We received prevailing wage determinations today that we filed on July 14, 2011.
September 27, 2011
We received prevailing wage determinations today that we filed on July 11 2011.
September 22, 2011
We received prevailing wage determinations today that we filed on July 5 and July 6 2011.
September 20, 2011
We received prevailing wage determinations today that we filed on June 28 and June 30, 2011.
September 16, 2011
We received prevailing wage determinations today that we filed on June 24, 2011.
September 15, 2011
We received a prevailing wage determination today that we filed on June 23, 2011.
September 13, 2011
We received a prevailing wage determination today that we filed on June 22, 2011.
September 12, 2011
We received a prevailing wage determination today that we filed on June 20, 2011.
September 8, 2011
We received a prevailing wage determination today that we filed on June 15, 2011.
September 2, 2011
We received a prevailing wage determination today that we filed on June 13, 2011.
August 30, 2011
Today our office received a prevailing wage determination that we filed on June 10, 2011. Hopefully this is the start of more good news. We will keep this post updated.
August 25, 2011
DOL Liaison has received reports from members that PERM prevailing wage determinations are beginning to be received for requests submitted in early June 2011.
Additionally, AILA has been in discussions with other stakeholders on possible courses of action, including individual mandamus actions, if DOL does not resume issuing prevailing wage determinations promptly
From Aman Kapoor at immigrationvoice.org:
We need one simple action item from you for Thursday and Friday this week — make calls the offices listed below and say one simple thing :
“My name is _______. I would like Congressman/Congresswoman ______ to support H.R. 3012 that removes the per-country quota from employment based immigration. Thank you”.
Below are the phone numbers and names of Congressman and Congresswomen in House Judiciary Committee that really matter this week and next week for this bill. Spare 15 minutes of time to do this and just do it if you have not already. If you called earlier this week, call again. Numbers matter. Call volume matters. Democracy works only for those who show up. It’s time to do your part.