ALL F4s

[lengygf 25]

Do you have link for this? Thanks.

there is no direct link for this number. I looked at the yearly report from 1994 to 2012 and tabulated all the F4 data, and made the calculation in excel.

[Hiiiii1972 5]

The petitions that have been submitted but have not been waiting for five years and over, plus those that will be submitted during 18 months after the enactment of the bill, will NOT be eliminated. As far as I understand, they will stay in line, but be placed in Merit-based Track One instead.

Track One is not for backlog-reduction plan as Track Two is; it is the merit-based Immigration system the Senate has proposed to replace the current family-based system. Track One will evaluate and award points for the immigrant's English skills, education level, family ties in US, etc. More the points the immigrant has, better chance of obtaining visa sooner.

In essence, Track One is tougher than the Track Two is on the would-be-immigrants; while the latter basically holds their line intact, the former may send them front or back of the line based on the points they receive.

Thanks for the information. Just one more help from ur side. WHAT IF THE PETITION SHOWS CASE AT NVC AND NVC NUMBER IS ALLOTED BUT PETITION IS PENDING FOR LESS THAN FIVE YEARS ?

[Visa Grant 78]

The old sponsor does not want to help me when i have an IL on 27 June 2013. She does not want to support I864 and other documents .... my case was completed in Feb 2011. Now the petitioner asks his son's wife to help me. She agrees do help me.So do I have to bring the new I-864 to the consulate on the interview day ? Does the consulate officer make it hard and not accept. Should I ask my lawyer to make a paper to cancel the old sponsor and present the new sponsor ?

I am not sure whether u can cancel the old sponsor, but i am sure u can take the new sponsor filed I864..

Good Luck..

Sec. 2304 (b)©(4) Worldwide recapture of unused family-based immigrant visas from 1992 to 2013: God knows how many visas are actually left unused to be recaptured, but considering the sheer range of time (22 years) I think it's safe to bet that it would be quite a sum. Note that the recapture will be implemented for the first fiscal year after the enactment of S.744; that is, if passed by this September, the influx will occur from this coming October. This will benefit everyone but F2A applicants (who actually will benefit the most from the reform because they will be turned current immediately; but because over 200k backlog of F2A pool will be cleared, rest of the categories will have more visas to take).

So that's like an emergency relief supply for us. For the permanent fix for those who've been waiting for long, that brings us to:

Section 2302 Merit-based Track Two: family- and employment-sponsored petitions that have been waiting for over 5 years since the submission will be placed into this backlog-reduction program. No petitions will be added here so the line is "closed" behind those who's been waiting for 5 years and over. ALL backlogged visas will be cleared within 7-8 years from FY 2015 (from Oct. 2014) and there's no cap because the Act will allocate 1/7 the visas needed to clear the backlog every year for 7 years. So more you've been waiting, earlier you'll get the visa. I personally don't know why it's 7 years (maybe the time needed to secure the border and interior before the RPI would be able to apply for green cards), but I think it's stupid since these backlogged petitions will be dealt with anyway; most, if not all, of these petitions will be approved, so why make it so long already? Beats me.

So at this point, not many visas seem to be there for us afterall. But this amendment might change that:

Section 2305 (b)(4) Amendment on allocation of family visas: instead of giving 65,000 visas for FB4 petitioners, the Act will give 40% of the current level immigration quota. The current maximum is 480,000 with minimum 226,000, so there's range of 90,400-192,000 visas for FB4 petitioners (Merit-based Tracks One & Two takes over the current system from FY 2015, cutting down the immigration quota substantially). This change will take place IMMEDIATELY after the passage of the Act. This is 39% to 295% increase for us, and let's hope that it's the latter (that much faster processing! The current wait is about 12 years+ for ROW FB4, and that might be cut down to 4+ years at best, simply saying).

This is my understanding of the bill that will affect us FB4 petitioners (so don't quote me; correct me if I'm wrong!). Keep in mind that the bill might have substantially changed by the time it clears the Senate and House floor, but let's keep our hopes up. We may not get the attention much from the Congress, but just think that we're not as controversial as some other issues and we'll probably be safe and appropriately treated.

Good Analysis..

i received i/l....

pd 4 may 2001 and interview on 26 july..

Good Luck..

Proposed Trigger Dates:

Sec.2304 - on the first day starting the fiscal year after the enactment of S.744. Therefore, if the bill passes before October 1st, 2013, the recapture will occur on October 1st, 2013, when the new fiscal year (FY 2014) begins. If past the date, then October 1st, 2014; as stated in Sec.2304 ©

Sec.2302 - Day beginning the fiscal year 2015 (October 1st, 2014); as stated in Sec.2302 (e)(2)

Sec.2305 - On the very day the bill is signed by the president and is enacted; as stated in Sec.2305 (e)

I am uncertain if the trigger date for the Merit-based Track Two would change in the next months to come. Backlog reduction wasn't really discussed in the Committee (if at all) so it's difficult to see if any senator or congress(wo)man has any say about it at the moment (we'll soon see during the senate/house floor debate). Personally, I hope they keep it as it is so that the Sec.2305 can kick in and bring in the maximum number of visas for the FB petitions. We are already in line, so for those who are still standing, we'd get the visa first either through Sec.2305 or the Merit-based Track Two. The only way it'd be better that the Track Two be implemented this coming fiscal year rather than the next is if the number of petitions that have been waiting for 5 years and over are greater than the number of visas, which is x>1,344,000 (from 192,000 * 7, where 192,000 is the maximum number of visas Sec.2305 could give per year, for 7 years which would allow Track Two to clear the backlog entirely). This way, the number of visas the backlogged petitions would get is greater through Track Two rather than the Sec.2305.

I hope that made sense. It's a real complicated issue and I certainly don't understand it fully either. This is going to take some PhD statisticians to get the USCIS through this bill.

You can check my older post

senate passed CIR cloture motion with 82 votes out of 100.........good sign

http://www.immigration-law.com/

i reviewed the immigration statistics at DHS library. From 1994 to 2012, there are 53,452 unused F4 immigrant visa numbers. If recapture will be done from 1992 to 2012, it is estimated that approximately 57,000 extra F4 visa numbers will be available during the next fiscal year. Using the same 7% per country rule, about extra 47,880 visa numbers will be available for ROW (countries except mexico and Philippines).

From my estimation, this extra 47,880 visa numbers will boost the F4 ROW priority dates about 8-11 months

it will be increased to 15%

Section 2302 Merit-based Track Two: family- and employment-sponsored petitions that have been waiting for over 5 years since the submission will be placed into this backlog-reduction program. No petitions will be added here so the line is "closed" behind those who's been waiting for 5 years and over. ALL backlogged visas will be cleared within 7-8 years from FY 2015 (from Oct. 2014) and there's no cap because the Act will allocate 1/7 the visas needed to clear the backlog every year for 7 years. So more you've been waiting, earlier you'll get the visa

Hi all. I m very new to this foroum. Please clerify about the F4 approved petitions which are waiting for less than 5 years. Will they all be eleminated.?

No.

The petitions that have been submitted but have not been waiting for five years and over, plus those that will be submitted during 18 months after the enactment of the bill, will NOT be eliminated. As far as I understand, they will stay in line, but be placed in Merit-based Track One instead.

Track One is not for backlog-reduction plan as Track Two is; it is the merit-based Immigration system the Senate has proposed to replace the current family-based system. Track One will evaluate and award points for the immigrant's English skills, education level, family ties in US, etc. More the points the immigrant has, better chance of obtaining visa sooner.

In essence, Track One is tougher than the Track Two is on the would-be-immigrants; while the latter basically holds their line intact, the former may send them front or back of the line based on the points they receive.

My Best Guess too... till now..

[Visa Grant 78]

Thanks for the information. Just one more help from ur side. WHAT IF THE PETITION SHOWS CASE AT NVC AND NVC NUMBER IS ALLOTED BUT PETITION IS PENDING FOR LESS THAN FIVE YEARS ?

They might look at petitions pending at USCIS only and not at NVC..

[sp1991 28]

i received i/l....

pd 4 may 2001 and interview on 26 july..

Congrates

[iJustMadeThis 2]

Thanks for the information. Just one more help from ur side. WHAT IF THE PETITION SHOWS CASE AT NVC AND NVC NUMBER IS ALLOTED BUT PETITION IS PENDING FOR LESS THAN FIVE YEARS ?

You mean the Receipt number that tells you when NVC received/created your case file?

As far as I understand about the bill, what matters is the submission date of the petition (when the number was allotted). Wherever the petition is, if it has not waited for 5 years since the original submission of the documents (by the time Track Two is implemented), it does not qualify for Track Two.

[iJustMadeThis 2]

You can check my older post

According to lengygf, there's 57,000 unused visas for FB since 1992. But according to ashk whose post you replied to, there's 290,000 FB4 unused visas (just FB4 alone?!). That's a huge number. Which one is correct? I would definitely hope for the latter to be true.

And does raising the cap to 15% help the ROW countries that are not oversubscribed? If so, how?

[lengygf 25]

According to lengygf, there's 57,000 unused visas for FB since 1992. But according to ashk whose post you replied to, there's 290,000 FB4 unused visas (just FB4 alone?!). That's a huge number. Which one is correct? I would definitely hope for the latter to be true.

And does raising the cap to 15% help the ROW countries that are not oversubscribed? If so, how?

I believe 290000 is the total number of unused visas (both family based and employment based). Of course if recaptured, visa numbers will be distributed to each category.

Edited June 12, 2013 by lengygf

[Hiiiii1972 5]

Thanks for the information. Just one more help from ur side. WHAT IF THE PETITION SHOWS CASE AT NVC AND NVC NUMBER IS ALLOTED BUT PETITION IS PENDING FOR LESS THAN FIVE YEARS ?

1.They might look at petitions pending at USCIS only and not at NVC..

2.You mean the Receipt number that tells you when NVC received/created your case file?

As far as I understand about the bill, what matters is the submission date of the petition (when the number was allotted). Wherever the petition is, if it has not waited for 5 years since the original submission of the documents (by the time Track Two is implemented), it does not qualify for Track Two.

Very much confusing ??????? Have to wait till the bill passes.........

F4 Visa Category Filers

[Jack20 0]

Well I made a similar request on this forum a while back and not one person responded back which I think is a real shame as there are many people out there that have cases/petitions less than 5 years old that are seeking clarification and this forum has alot of members with good knowledge that could share some good insights. All of you with petitions over 5 years old, don't panic...everything shows that you will get the visa via merit track two which is not going to be subject to any further criteria because you have waited long enough. The priority date movement will increase by the end of the year drametically so hold tight.

Any how, I'm not sure Track One will be the case for petitions less than 5 years for 2 reasons because if you read the S744 bill there is a line that states:

Reason 1:

'INELIGIBILITY OF ALIENS WITH PENDING OR APPROVED PETITIONS.—An alien who has a petition pending or approved in another immigrant category under this section or section 201 may not apply for a merit-based immigrant visa.'

Reason 2:

This goes for many of you on this forum...alot of you guys are not in the US at the moment, so all those that are not in the US and are waiting in there country of origin will be greatly disadvantaged in the merit system as they will lose out on more than 20 points due to no emplpoyment status and history in the US. Clearly, immigration leaders are aware of this but it has not been addressed yet, so there will be more clarity on this topic otherwise many current F4 petitions from abroad wil be left with many confusing elements to consider.

This seems to be the general feeling that is out there, feel free to read up on some of the articles on AILA's website to know more.

[Visa Grant 78]

Well I made a similar request on this forum a while back and not one person responded back which I think is a real shame as there are many people out there that have cases/petitions less than 5 years old that are seeking clarification and this forum has alot of members with good knowledge that could share some good insights. All of you with petitions over 5 years old, don't panic...everything shows that you will get the visa via merit track two which is not going to be subject to any further criteria because you have waited long enough. The priority date movement will increase by the end of the year drametically so hold tight.

Any how, I'm not sure ................

Relax Jack..everyone are experts in this forum based on their experiences and not based on enacting some immigration laws..Unless the CIR bill is passed, implemented and Interpreted to become a law..no one is sure including the senators..

Good Luck..

[Hiiiii1972 5]

Well I made a similar request on this forum a while back and not one person responded back which I think is a real shame as there are many people out there that have cases/petitions less than 5 years old that are seeking clarification and this forum has alot of members with good knowledge that could share some good insights. All of you with petitions over 5 years old, don't panic...everything shows that you will get the visa via merit track two which is not going to be subject to any further criteria because you have waited long enough. The priority date movement will increase by the end of the year drametically so hold tight.

Any how, I'm not sure Track One will be the case for petitions less than 5 years for 2 reasons because if you read the S744 bill there is a line that states:

Reason 1:

'INELIGIBILITY OF ALIENS WITH PENDING OR APPROVED PETITIONS.—An alien who has a petition pending or approved in another immigrant category under this section or section 201 may not apply for a merit-based immigrant visa.'

Reason 2:

This goes for many of you on this forum...alot of you guys are not in the US at the moment, so all those that are not in the US and are waiting in there country of origin will be greatly disadvantaged in the merit system as they will lose out on more than 20 points due to no emplpoyment status and history in the US. Clearly, immigration leaders are aware of this but it has not been addressed yet, so there will be more clarity on this topic otherwise many current F4 petitions from abroad wil be left with many confusing elements to consider.

This seems to be the general feeling that is out there, feel free to read up on some of the articles on AILA's website to know more.

Well done JACK

[jolly786 96]

Republicans also believe that CIR will become law by 1,august,2013....pls read the last paragraph...

http://www.opposingviews.com/i/politics/glenn-beck/three-house-republicans-ask-glenn-becks-help-stop-immigration-reform-video

[mummyT 1]

Hi if this all gets passed would the family parts come in2 effect straight away???

[rupalf4 0]

Congrates

thank you sachin...