H-1B Cap for FY 2010 Has Not Been Reached 04/08/09

Even if we apply H1b this year will they approve .As market is too worst .they may simply send a query.

@Sam,

I think it’s safe to say that there will be no lottery this year.

The lottery was only implemented the last few years because the demand far exceeded the supply the last few years that the visas gets used up within 1-2 days.

This year, at this time not only is the quota not yet been breached but only about half have only been used up so far.

Hi T-cell…

Thanks for replying to my query…would it mean then that those who were filed til april7 will all be accepted and considered for approval?

apparently,i dont have much knowledge abt h1bs so ur response is much appreciated.
God bless

“This is the earliest that the category has become unavailable in my 33 years of practicing immigration law. Persons who have played by the rules and have pending applications for adjustment of status now have no idea when, or even if, they will qualify for permanent residence in the U.S. They live in fear of their temporary visas expiring, their children “aging out” and losing their jobs before they can secure green cards.

U.S. employers are fit to be tied. At considerable expense, they obtained temporary working visas for employees filling important positions in their companies. They unsuccessfully attempted to recruit U.S. workers for job vacancies, and obtained approved PERM applications and immigrant visa petitions.

Over half of the students graduating from U.S. universities in science and engineering are foreign-born. If it is impossible to obtain green cards in the U.S., these students will find work in Europe, in Canada, or in India and China. The U.S. will no longer be the world leader in science and technology. The national security implications of this are both enormous and frightening.

Hospitals in rural and inner city locations are particularly hard hit. It is impossible to obtain temporary visas for RNs despite the growing national shortage. Now, the wait for green cards for RNs is impossible to predict. It is folly to think that we can guarantee healthcare coverage to all Americans as long as hundreds of thousands of nursing jobs remain vacant.

U.S. immigration laws severely restrict the number of the people who can qualify for green cards through their jobs. Now, even this restrictive system has broken down.

To add insult to injury, the unavailability of immigrant visas in the EB-3 category will not deter the USCIS from issuing RFEs on pending I-485s. Woe be onto you if your employer cannot demonstrate his “ability to pay” you each year since your labor certification was submitted or if your employer’s original job posting was done incorrectly. Your applicaton for adjustment of status will be denied, and you will be placed in removal proceedings.

Immigrants who followed the complex immigration rules will get the following message: Never mind that you paid your taxes and never got so much as a parking ticket, that you were active in your church and that your children were straight A students, that you always maintained your legal status in the U.S.

For you, the American Dream is over.”

Got this from http://www.shusterman.com click on “BLOG” on the upper right hand column of the website.

So, fellow RNs, both those waiting to adjust here in the US or those waiting for their greencards back home in the Phils, India, China, etc. it would seem that we are now lumped together in the same category…. “limbo”. Even Shusterman IS frustrated and wants to “hang” some people for this mess.

I don’t know exactly how to apply for the middle east but one thing I do know is that you have to take the middle east RN exams which is made up mostly of drug computations. For those who are in the Phils, your best bet would be to look at the listings in POEA for RN job placements. Another is through the sunday paper at the Manila Bulletin Classified Ads section. I see agencies there listing middle east govt hospitals needing RNs with so and so qualifications.

For those who have relatives already in the middle east, if they have or if they can, get a visitors visa for you so that you can go to the middle east as a tourist then when you’re there, look for employment and begin your process of being sponsored for a work permit. For aspiring female RNs, you must be at least 23 yrs of age and with minimum of 2 years of acute hospital experience. The reason why I know this is because my husband is currently working in Abu Dhabi, no he is not a nurse but his best friend is an RN and he told him these requirements. Our first born daughter is 24yrs old and is just getting the required 2 yr experience back home in the Phils and will hopefully join her dad in Abu Dhabi. My husband will take care of her visitor’s visa or better yet get her a resident’s visa. This is only possible because he is the father and he also possesses a UAE resident visa. This type of visa will set you back US$2,000.00 the visitor’s visa is cheaper though I can’t remember how much.

Those who want to try Canada, go to http://www.edistaffbuilders.com, not sure of the “s” on builder but try anyway. My 2 classmates who also got “stuck” with their chosen agency in the Phils decided not to wait for their packet 1 and applied with edistaffbuilder. They are now in Canada working as RNs (not as caregivers but you can go that route also) and will sit for the CRNE review this June to get their Canadian RN License.

I know a lot of people who post their blogs here are nearing the end of their wits, some still strongly holding on to the so called “American Dream” while others are almost ready to scratch other blogger’s eyes out if only they can reach them. I too check this site regularly and shusterman as well, in the hope that something good gets posted but sadly… so, in my own little way I post/blog some of the things I know and at times, use it to vent out frustrations as well to a certain and limited degree. I really hope this post that I have made will be of help one way or the other and that the blog from Shusterman will serve as an eye opener to everyone that in all honest truth, it really does look hopeless at this time. Imagine, USCIS finally stated, “EB-3, UNAVAILABLE” beginning May 1 to Oct. 2009, OUCHIE!

God bless us all and if there is someone who really knows the deepest longings of our hearts and how much we really want to better our lives HE is the one! When HE closes a door, somehow, HE will open a window. The only thing is we are so concentrated on STARING at the closed door that we don’t see the open window.

Thank you Mam dgd.. You lifted my dying spirit. I am trying now the other options.I am an ICU nurse, so why waste my time dreaming for America? I can offer my services to other countries that can uplift my income to support my family. I realized now how I wasted 4 years in waiting for my US visa. I am sure, GOD will provide me a better opportunity somewhere else aside from USA. Wish me luck!

I know some are already thinking of going to other countries since the April VB came out last month and we have been discussing those since last month as well.

To all those who are considering other countries, you can go to

http://foreign-nurse.lefora.com

where you can discuss matters such as requirements for immigration and being registered to them, etc…

*Note that we only cater as a venue to discuss things and do not force anyone on what to do with their lives.

With the VB at Unavailable and the rising anti-immigration sentiment in US (even for legal migrants), the possiblity is remote for PD’s to return to 2006 cut-offs/level within a year or two. Just my opinion.

I LOVE U

Visa Bulletin

Number 8
Volume IX
Washington, D.C.
VISA BULLETIN FOR MAY 2009

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during May. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by April 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference
level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st 22SEP02 22SEP02 22SEP02 08OCT92 01AUG93
2A 08OCT04 08OCT04 08OCT04 01APR02 08OCT04
2B 15NOV00 15NOV00 15NOV00 01MAY92 01FEB98
3rd 08SEP00 08SEP00 08SEP00 22OCT92 22JUN91
4th 08JUN98 22MAR98 08JUN98 01MAY95 08JUL86

*NOTE: For May, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01APR02. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01APR02 and earlier than 08OCT04. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based

1st C C C C C
2nd C 15FEB05 15FEB04 C C
3rd U U U U U
Other
Workers U U U U U
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers C C C C C
5th Pilot Progams C C C C C

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2009 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For May, immigrant numbers in the DV category are available to qualified DV-2009 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 32,400 Except:
Egypt 19,150
Ethiopia 17,750
Nigeria 11,550
ASIA 22,800
EUROPE 24,900
NORTH AMERICA (BAHAMAS) 10
OCEANIA 825
SOUTH AMERICA, and the CARIBBEAN 1,000

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE

For JUNE, immigrant numbers in the DV category are available to qualified DV-2009 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 39,600 Except:
Egypt 20,650
Ethiopia 19,500
Nigeria 12,750
ASIA 30,350
EUROPE 28,000
NORTH AMERICA (BAHAMAS) 15
OCEANIA 930
SOUTH AMERICA, and the CARIBBEAN 1,100

D. EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKER, AND EMPLOYMENT FIFTH PREFERENCE INVESTOR PILOT PROGRAM cATEGORIES

Legislative action which occurred during March has extended the Employment Fourth preference Certain Religious Workers, and Employment Fifth preference Investor Pilot program categories until September 30,2009.

E. UNAVAILABILITY OF THE EMPLOYMENT THIRD PREFERENCE AND EMPLOYMENT THIRD PREFERENCE “OTHER WORKER” CATEGORIES

The cut-off dates for the Employment Third and Third preference “Other Worker” categories were held and then retrogressed in an effort to bring demand within the average monthly usage targets and the overall annual numerical limits. Despite these efforts, the amount of demand received from Citizenship and Immigration Services Offices for adjustment of status cases with priority dates that were significantly earlier than the established cut-off dates remained extremely high. As a result, these annual limits have been reached

and both categories

have become “Unavailable.”

Visa availability

in these categories will resume in

October,

the first month of the new fiscal year.

F. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:

http://travel.state.gov/

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO: April 8, 2009

chyrel, i guess u need two things to be filed for an I-140, an IELTS and a cgnfn/nclex (either one is ok).

danilo,
everybody knows what you are saying so you really don’t have to say that over and over. Because, if you do, man, that is the same as spamming. Spamming is a way to annoy people on the internet.

I asked u before to just state some helpful tips for these people if u want them to really move on like helping them to search for some jobs using their porfession. that way, you’ll becoe helpful and not annoying. You replied, search google. Gee! Why don’t u search google and look for the word spamming.

I repeat, Spamss are annoyance.
I have nothing agaisnt you but you should know it.