Jan/Feb 2005 Interviews-EB3

I

ifeellucky

Registered Users (C)
Folks,

I'm creating this thread for those of us who are in EB3 category and are expecting a Jan/Feb interview. Since the next 2 weeks are critical for all of us so let's share every bit of useful information. This thread can be used to track any updates/news and more specifically, to track information about various consulates as they inform us about the interview dates.

Like most of us, I too am hoping that we get an interview before the PD regresssion. Just a few things to get the conversation started:

1) As per my atttorney, the consulate will schedule an interview only if the PD for that category is current. This implies that the consulate will either wait for the Dec. 15th notification from Dept. of State or that they're privy to such information and as so they'll schedule the interviews accordingly.

2) The consulates schedule the interviews based on your category and the date when they received your case from NVC. e.g., my case was sent to NWD consulate on Oct 6th along with another person's case (his was an EB-1 case) but that person's ended up getting a Dec. interview and I was told to expect a January date.

3) It was suggested by someone on this forum that calling the consulate regularly could expedite your interview date. As far as I think, it makes no difference as you're talking to a receptionist/clerk who's just a messenger and has no power to schedule/reschedule an interview.

Any other buzz that you're aware of?

Meanwhile, good luck to all of us! God be with us!

IFL

EB3. PD: Nov. 2002
I-140 Approved: June 2004
Case Sent to Consulate on: October 6th 2004 (NWD)
 
Great Job Ifeellucky

I'm crossing my fingers. Lets hope for the best

Details : EB3/ PD Nov2002
I-140 Apd : Jul2004
Case Fwd to NWD : 19Nov2004

Good luck to all of us.
 
Same here

My case review was completed and sent to chennai consulate on Oct 15th.
Have not heard any thing.
Hoping to get a Jan interview

EB3. PD: Aug 2003
I-140 Approved: June 2004
Case Sent to Consulate on: October 15th 2004 (MDR)

Current State: Fingers Crossed.

/S
 
The latest update from Shusterman.com:

Note that they've changed their verbiage from "will most likely regress" to "will regress". On a lighter note, love the "Axis of Anxiety" reference.

<<
EB Numbers Will Backlog in January - Strategic Planning

Sometime within the next few days, the State Department (DOS) will post the
January 2005 Visa Bulletin online. The DOS has already announced that the
employment-based 3rd (EB-3) preference category for persons born in mainland
China, India and the Philippines will regress. By how much is anyone's guess.

Last time that the EB-3 numbers were backlogged was in June 2001. Mainland
China was backlogged for 10 months and India for 2 1/2 years. We predict that
the new backlogs will date back to 2001 or 2002.

What will the new backlogs mean for you?

First, the regressions will only affect you if you were born in one of the
"Axis of Anxiety" countries (mainland China, India or the Philippines) and you
qualify to obtain permanent residence in the employment-based third preference
(EB-3) category (professionals and skilled workers).

Here are some possible scenarios:

* If your employer has not yet submitted a labor certification on your
behalf or if your labor certification is pending, how much the coming backlogs
will affect you may depend upon where your job is located. How does this work?

Assume that the EB-3 numbers will backlog for two to three years. In many
states, it takes 2-3 years to obtain the approval of an RIR labor certification
(e.g., California, 2+ years; New York, 3+ years). Since the filing of your
labor certification establishes your priority date, by the time that the labor
certification is approved, your priority date may be current, and you can
proceed to file your application for adjustment of status (I-485) concurrently
with your employer's visa petition (I-140).

However, if your job is located in a state where RIR labor certifications are
processed more rapidly (e.g., Illinois, Minnesota, Ohio, Kansas, Missouri,
Nebraska - all in a little over one year), your current advantage over people
who work in California and New York will disappear since even after your labor
certification is approved, you may have to wait another year or two to apply
for adjustment of status.

What if PERM is finally enacted, and you are granted a certificate by the Labor
Department within a few months?

Time to pop open the champagne? Not if you were born in one of the "Axis of
Anxiety" countries (For those of you who haven't been following this discussion
closely, that would be mainland China, India or the Philippines). You would
have to wait another two to three years in order to apply for adjustment of
status.

* You have a pending I-485 application

Since it may take two or three years for you to adjust your status, by the time
the government is ready to make a decision on your application, your EB-3 visa
number may be current. However, if the CIS speeds up its adjustment of status
processing times, you would have to wait much longer for your I-485 to be
approved than you would if you were born another country (e.g., Monaco or
Canada). You would still be able to change jobs after your I-485 had been
pending 180 days assuming that your I-140 was approved.

Persons with pending applications for adjustment of status are entitled to
Employment Authorization Documents (EADs), and may be able to keep working in
the same or a similar occupation as that which was listed on their labor
certifications until they are approved for permanent residence.
>>
 
What is the effect on CP

One thing i notice no lawyers do mention about the Regress efffect on CP cases that are pending,
that are review completed and in consulate
Interview scheduled and not still interview did not happen

etc

Any one has any pointers ?

/S
 
r_sada
Yes this concern is a big one. Per actual Procedure, the Consulate schedule the interview ONLY if your PD is current. That means it can get stuck at Consulate till the PD becomes current. For those at NVC you can still opt for 485. But at Consulate ??? its still not clear particularily for those whose 6 Yr limit is going to end soon. Or would it be possible to get 7th Yr Extention based on Approved I-140 ??
Hopefully someone clears this issue ..
To add to this the email I'm sending to Consulate is replied with Automated response , and no one picks up the phone ....
Man .. I believe that its not sufficient to cross the fingers .. start thinking like to be like Octopus with more crosses.... ;-)
 
Bhasu said:
r_sada
Yes this concern is a big one. Per actual Procedure, the Consulate schedule the interview ONLY if your PD is current. That means it can get stuck at Consulate till the PD becomes current. For those at NVC you can still opt for 485. But at Consulate ??? its still not clear particularily for those whose 6 Yr limit is going to end soon. Or would it be possible to get 7th Yr Extention based on Approved I-140 ??
Hopefully someone clears this issue ..
To add to this the email I'm sending to Consulate is replied with Automated response , and no one picks up the phone ....
Man .. I believe that its not sufficient to cross the fingers .. start thinking like to be like Octopus with more crosses.... ;-)
Click to expand...


Can you fwd it to the forum the response you got from Consulate and which consulate was this ?

/S
 
Is there a way to find out what is current PD my case labour was filed at oct 2001 and case was sent to consulate on Nov 15th 2004 , i did not ping the consulate , but out lawer got email from consulate that , case was recevied at chennai consulate
 
:( :(
ifeellucky said:
The latest update from Shusterman.com:

Note that they've changed their verbiage from "will most likely regress" to "will regress". On a lighter note, love the "Axis of Anxiety" reference.

<<
EB Numbers Will Backlog in January - Strategic Planning

Sometime within the next few days, the State Department (DOS) will post the
January 2005 Visa Bulletin online. The DOS has already announced that the
employment-based 3rd (EB-3) preference category for persons born in mainland
China, India and the Philippines will regress. By how much is anyone's guess.

Last time that the EB-3 numbers were backlogged was in June 2001. Mainland
China was backlogged for 10 months and India for 2 1/2 years. We predict that
the new backlogs will date back to 2001 or 2002.

What will the new backlogs mean for you?

First, the regressions will only affect you if you were born in one of the
"Axis of Anxiety" countries (mainland China, India or the Philippines) and you
qualify to obtain permanent residence in the employment-based third preference
(EB-3) category (professionals and skilled workers).

Here are some possible scenarios:

* If your employer has not yet submitted a labor certification on your
behalf or if your labor certification is pending, how much the coming backlogs
will affect you may depend upon where your job is located. How does this work?

Assume that the EB-3 numbers will backlog for two to three years. In many
states, it takes 2-3 years to obtain the approval of an RIR labor certification
(e.g., California, 2+ years; New York, 3+ years). Since the filing of your
labor certification establishes your priority date, by the time that the labor
certification is approved, your priority date may be current, and you can
proceed to file your application for adjustment of status (I-485) concurrently
with your employer's visa petition (I-140).

However, if your job is located in a state where RIR labor certifications are
processed more rapidly (e.g., Illinois, Minnesota, Ohio, Kansas, Missouri,
Nebraska - all in a little over one year), your current advantage over people
who work in California and New York will disappear since even after your labor
certification is approved, you may have to wait another year or two to apply
for adjustment of status.

What if PERM is finally enacted, and you are granted a certificate by the Labor
Department within a few months?

Time to pop open the champagne? Not if you were born in one of the "Axis of
Anxiety" countries (For those of you who haven't been following this discussion
closely, that would be mainland China, India or the Philippines). You would
have to wait another two to three years in order to apply for adjustment of
status.

* You have a pending I-485 application

Since it may take two or three years for you to adjust your status, by the time
the government is ready to make a decision on your application, your EB-3 visa
number may be current. However, if the CIS speeds up its adjustment of status
processing times, you would have to wait much longer for your I-485 to be
approved than you would if you were born another country (e.g., Monaco or
Canada). You would still be able to change jobs after your I-485 had been
pending 180 days assuming that your I-140 was approved.

Persons with pending applications for adjustment of status are entitled to
Employment Authorization Documents (EADs), and may be able to keep working in
the same or a similar occupation as that which was listed on their labor
certifications until they are approved for permanent residence.
>>
Click to expand...

Is this simply means that those who have applied their labor in 2003, and even their labor is approved and they have filed for
I-140/I-485 Concurrently, They have to wait for 2-3 yrs for the approval. :confused: :(
 
gckajadoo said:
:( :(

Is this simply means that those who have applied their labor in 2003, and even their labor is approved and they have filed for
I-140/I-485 Concurrently, They have to wait for 2-3 yrs for the approval. :confused: :(
Click to expand...


Sorry, not sure if I understood your question but I'll take a shot anyways. I485 or consular, if the dates regress then it affects everybody whose PD falls later than the published date.
 
r_sada said:
One thing i notice no lawyers do mention about the Regress efffect on CP cases that are pending,
that are review completed and in consulate
Interview scheduled and not still interview did not happen

etc

Any one has any pointers ?

/S
Click to expand...

I know where you're going with this but based on whatever I know it doesn't matter if one's case has been forwarded to the consulate and that the person is waiting for an interview (although I sure wish that was the case). If the interview has not been scheduled then the consulate has not requested an immigrant visa for that person which means that the person will be affected (unless his/her PD is earlier than the published).

Until a few months back I was also under the impression that once a case gets forwarded then we're immune to the whims of USCIS but was soon made aware of the reality (and reality sucks!).
 
I know a lot of us might be curious about how much the PD's have fluctuated in the past. That will atleast give us some indication of how long the wait can be if we happen to be affected. At the risk of being sued for plagiarism (copied the info from another thread on this forum) I'm reproducing the past Priority Dates falling between Mar '99 - Sep '01.

MM-YY EB2 EB3
------------------------
Mar-99 Sep-97 Feb-96
Apr-99 Nov-97 Apr-96
May-99 Jan-98 May-96
Jun-99 Oct-98 Sep-96
Jul-99 C C
Aug-99 C C
Sep-99
Oct-99
Nov-99
Dec-99 C C
Jan-00 C C
Feb-00 C C
Mar-00
Apr-00 Apr-99 Feb-97
May-00 Apr-99 Feb-97
Jun-00 Jun-99 Feb-97
Jul-00 Aug-99 Feb-97
Aug-00 Sep-99 Feb-97
Sep-00 Nov-99 Feb-97
Oct-00 Nov-99 Feb-97
Nov-00 Nov-99 Feb-97
Dec-00 Jan-00 Mar-97
Jan-01 Jan-00 Mar-97
Feb-01 Apr-00 May-97
Mar-01 Jul-00 Sep-97
Apr-01 Nov-00 Feb-98
May-01 C Jul-98
Jun-01 C Jan-99
Jul-01 C C
Aug-01 C C
Sep-01 C C
 
Bhasu said:
ifeellucky How to read this ... I'm confused :confused:

Thanks
Click to expand...

Sorry. Should've elaborated.

=> MM-YY: (month/year of the PD notification) e.g., Mar-99
=> EB2: PD for EB2 category e.g., Sep-97 (for the MM-YY on left)
=> EB3: PD for EB3 category e.g., Feb-96 (for the MM-YY on left)

MM-YY EB2 EB3
------------------------
Mar-99 Sep-97 Feb-96
Apr-99 Nov-97 Apr-96
 
Good compilation

ifeellucky,
Pretty neat compilation.
In looking through it though what, there is no real format these guys follow to set these dates.
Its very weird the way they come up with these and is completely dependent on the cases that are pending to be adjudicated at that point of time.
The 485 date in Vermont is June 2003. So if you take a guess PD would regress to early to mid of 2002 (1-6th month of 2002).
putting 18 months for labor and assuming most did concurrent filing.
but then as you can see from 2 years behind the cases become current all of a sudden which means there were enough visa numbers.
so we have to wait and watch where they regress, sad part is for those of us who get stuck in consulate, there is no way even to move to 485.
well not much in our hands.

/S
 
Sada,

I feel the pain and so do most of us in this situation. I find it ironic that they want the immigrants to infuse fresh blood into the country but thanks to their archaic immigration policies the immigrants are sapped of whatever drive, initiative they had prior to coming to this country. I, like many of us, have plans, dreams and aspirations to do better and succeed but then all my plans and dreams have to be put on hold. And by the time we're done going through the immigration hoops we've suffered so much mentally and lost invaluable time that all those dreams seem far to distant to achieve.

In order to beome "American", we finally give up a part of us, and sadly the very part which could have been valuable to this country.

Hopefully, I'll be in much better spirits and have more positive things to share two weeks from now.
 
Ifeellucky,
share the same info,
sent an email yesy to chennaiiv,
following is the response

The exact date will be known after December 12.

Visa Information Unit
American Consulate General
220, Anna Salai
Chennai 600 006
India
Phone - 91-44-28112060(dir), 28112000(board)
Fax - 91-44- 28112020, 28112027
Website - http://chennai.usconsulate.gov


Im sure they say this to all the emails.
yes i agree its enormous amount of drain in ourselves and i dont understand the reasons behind the quota they have for every quarter that they can allocate.
One word
Bueracracy

/S
 
r_sada said:
Ifeellucky,
share the same info,
sent an email yesy to chennaiiv,
following is the response

The exact date will be known after December 12.

Visa Information Unit
American Consulate General
220, Anna Salai
Chennai 600 006
India
Phone - 91-44-28112060(dir), 28112000(board)
Fax - 91-44- 28112020, 28112027
Website - http://chennai.usconsulate.gov


Im sure they say this to all the emails.
yes i agree its enormous amount of drain in ourselves and i dont understand the reasons behind the quota they have for every quarter that they can allocate.
One word
Bueracracy

/S
Click to expand...


Sada,


Can you guess when is the pd cut off date ?
 
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