SEP bulletin and SARAS

S

swas

Banned
Again another month passed and India EB3 could not pass that April 2001. My PD is April 2002. I dont know when my turn will come.

Only good news for me is that worldwide EB3 is in 2002. Is that a good sign?

I will wait for SARAS for his opinion in this topic and I know he is the best in this topic.
 
I give up :)

swas,

It is really odd that India EB3 dates keep moving between the 1st and the 15th of April. I am not sure what the deal is here. Either there are thousands of India EB3 PDs prior to April 15th or DOS and USCIS are holding the dates in April anticipating thousands of 245is from India EB3 to file shortly. Either way we are screwed.

I think the Oct-Dec 06 bulletins will seal our fate. If the dates for India EB3 do not move past April 01 by December 06, then we know that we are in big trouble and might as well forget about fiscal year 07 as well. I know it sounds depressing but its reality.

regards,

saras
 
Hi saras ,

Don't give up to hope and faith !!! I'm sure that , probably , in the next month comimg the dates on these cases will advance even better , because i think that all these EB3 cases were left behind until now , and they decide that it's time to take care of them !!! Maibe there are a lot of EB3 from India , but i think that all the cases filed from now on , will be having to wait on line like everybody else , and the old cases will be advancing with the processing faster !!! The October Buletin must make the difference soon !!
Just hang on there , everything will be fine and hopefully all of us , waiting for so long , will find the freedom soon and get over this long ordeal !!!


God it is with all of us !!!


regards,
ghebauer
 
Thanks ..

GHEBAUER said:
Hi saras ,

Don't give up to hope and faith !!! I'm sure that , probably , in the next month comimg the dates on these cases will advance even better , because i think that all these EB3 cases were left behind until now , and they decide that it's time to take care of them !!! Maibe there are a lot of EB3 from India , but i think that all the cases filed from now on , will be having to wait on line like everybody else , and the old cases will be advancing with the processing faster !!! The October Buletin must make the difference soon !!
Just hang on there , everything will be fine and hopefully all of us , waiting for so long , will find the freedom soon and get over this long ordeal !!!


God it is with all of us !!!


regards,
ghebauer
Click to expand...

ghebauer,

Thanks for your kind words. It is extremely hard to keep a positive outlook these days. Its refreshing to see some optimism.

regards,

saras
 
Agree

I totally agree with you. In the EB3 case I hardly find any Indian who have labor in 2001 and gc still pending. I think INS is deliberately stopping this.
Yes if in Oct/Nov/Dec India Eb3 does not cross 2002 then I am doomed. I don’t believe there are so many Indians who filed labor in april 2001.
 
swas said:
I totally agree with you. In the EB3 case I hardly find any Indian who have labor in 2001 and gc still pending. I think INS is deliberately stopping this.
Yes if in Oct/Nov/Dec India Eb3 does not cross 2002 then I am doomed. I don’t believe there are so many Indians who filed labor in april 2001.
Click to expand...

Swas, how did you come to this conclusion ? I see lot of INDIAN EB3 with PD of 2001 including me whose GC are pending. I have seen atleast two threads in this portal about poll on number EB3 INDIAN applicants whose GC are pending. In each poll I see number is more for PD 2001 , then for PD 2002 .
 
Well ...

IND77 said:
Swas, how did you come to this conclusion ? I see lot of INDIAN EB3 with PD of 2001 including me whose GC are pending. I have seen atleast two threads in this portal about poll on number EB3 INDIAN applicants whose GC are pending. In each poll I see number is more for PD 2001 , then for PD 2002 .
Click to expand...

IND77,

Although I agree that there are a lot of 2001 India EB3s still pending I don't think there are thousands of them. There are defenitely more 2002 India EB3s in the system right now.

What is killing us right now are the 245is that have filed in the India EB3 category that we belong to. A lot of these cases are still stuck in the BECs and the DOS is holding back dates in anticipation of a lot of filers. The other problem is that they used visa numbers in an erractic fashion when the PDs were current and gave them away to earlier PDs.

regards,

saras
 
swas said:
I totally agree with you. In the EB3 case I hardly find any Indian who have labor in 2001 and gc still pending. I think INS is deliberately stopping this.
Yes if in Oct/Nov/Dec India Eb3 does not cross 2002 then I am doomed. I don’t believe there are so many Indians who filed labor in april 2001.
Click to expand...

says who??!! :mad:

FYI, my PD is April 30th 2001 (EB3) and leave apart getting approved, there is not even an LUD change for the past one year (!!)
 
I know 2 of my friends with PD of April 2001 and May 2001 still pending to get GC
SKDV
 
why?

Saras, If USCIS anticipates lot of 245is, dates will not move forward for sure. Then why should they pre-adjudicate 485s? What's the logic behind it?

saras76 said:
swas,

It is really odd that India EB3 dates keep moving between the 1st and the 15th of April. I am not sure what the deal is here. Either there are thousands of India EB3 PDs prior to April 15th or DOS and USCIS are holding the dates in April anticipating thousands of 245is from India EB3 to file shortly. Either way we are screwed.

I think the Oct-Dec 06 bulletins will seal our fate. If the dates for India EB3 do not move past April 01 by December 06, then we know that we are in big trouble and might as well forget about fiscal year 07 as well. I know it sounds depressing but its reality.

regards,

saras
Click to expand...
 
saras76 said:
IND77,

Although I agree that there are a lot of 2001 India EB3s still pending I don't think there are thousands of them. There are defenitely more 2002 India EB3s in the system right now.

What is killing us right now are the 245is that have filed in the India EB3 category that we belong to. A lot of these cases are still stuck in the BECs and the DOS is holding back dates in anticipation of a lot of filers. The other problem is that they used visa numbers in an erractic fashion when the PDs were current and gave them away to earlier PDs.

regards,

saras
Click to expand...
Saras, honestly I do not know either how many EB3 India 2001 are pending and how many 245is have filed in the India EB3 category . But I feel the number is huge , above thousands. Because I remember when my RIR labor ( I know your labor too) was stuck for 3 years then RIR processing date was showing April 2001 for almost 3 years. I was under impression that it is due to 245i applications and after 245i labors cleared then we (after April 2001 applicants) got approval. But now if we knew that 245is are still pending in backlog then I think that there were lot EB3 India applicants (non-245i) in April 2001 which caused delay in labor approval and those applicants are in 485 queue currently. Just a thought. May not be true though.
 
Good question ..

skp19722003 said:
Saras, If USCIS anticipates lot of 245is, dates will not move forward for sure. Then why should they pre-adjudicate 485s? What's the logic behind it?
Click to expand...

skp19722003,

You have a very valid question, however there is no good answer to this. There are many unanswered things in this process and few of them can be answered logically.

regards,

saras
 
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Who knows ..

IND77 said:
Saras, honestly I do not know either how many EB3 India 2001 are pending and how many 245is have filed in the India EB3 category . But I feel the number is huge , above thousands. Because I remember when my RIR labor ( I know your labor too) was stuck for 3 years then RIR processing date was showing April 2001 for almost 3 years. I was under impression that it is due to 245i applications and after 245i labors cleared then we (after April 2001 applicants) got approval. But now if we knew that 245is are still pending in backlog then I think that there were lot EB3 India applicants (non-245i) in April 2001 which caused delay in labor approval and those applicants are in 485 queue currently. Just a thought. May not be true though.
Click to expand...

IND77,

The whole problem with this system is that there is no clear information available. All we get are warnings and vague updates from the DOS and USCIS. I read somewhere that even DOS and USCIS do not know how many 245is are pending in the system. Its useless to try and speculate this. All we can do is wait for the Oct-Nov-Dec bulletins and gauge our situation based on those dates.

regards,

saras
 
Well here is whats going to happen.

USCIS will keep speculating the flood of 245i and keep the PD in April 2001 for next 3-4 years.
In the mean-while most of the 245i applications will be rejected or not used and so never will reach the Visa Number stage.
So the Visa Numbers for coming 3-4 years will just go down the drain not used by anyone based purely on speculation of the flood of 245i that will never materialize.

Then after 5 years USCIS will say OOPS bad luck, you 2002-2008 filers could have benifitted by those wasted numbers. But dont blame us blame the 245i filers. They created the virtual demand. We cant be blamed if none of them ever got approved. We just wanted to help them by keeping the Visa numbers available for them, as they have been unduly suffering for a long time.

neo
 
unitednations said:
How can you say that?

The ombudsmen report had said uscis had approved 70,000 cases by April 2006. That was the midway point of the fiscal year. Extrapolated over the year that would be 140,000 which is what the quota is. They are not holding back as far as I can see.
Click to expand...

They may not be holding back in other categories.
But surely for EB3 India they are.
Well time will tell when the dust settles.
Surely by january it will be known how many numbes went unused for EB3 India for FY 2006.

But I hope you are right.

neo
 
Numbers

neocor said:
They may not be holding back in other categories.
But surely for EB3 India they are.
Well time will tell when the dust settles.
Surely by january it will be known how many numbes went unused for EB3 India for FY 2006.

But I hope you are right.

neo
Click to expand...

neocor,

I will not be surprised if they do not use up all the visas for EB3 India this year. How is it possible that USCIS has not been able to use up 2800 visas for EB3 India during the entire fiscal year of '06. If there are indeed thousands of 245is within India EB3 ready for 485 approval, thousands that have used 98-99 PDs via substitute route and thousands of regular EB3 India filers priot to May '01 then how can EB3 India visa numbers not get used up till Sept of '06. I know that they don't release all the visa numbers at once but even with staggered release of visa numbers, India EB3 should have become unavailable atleast in the August bulletin if not sooner.

As UN pointed out, add 50% dependents and you are left with only 1900 ACTUAL visa numbers that can go to India EB3 primary applicants for fiscal year '06. So there are tens of thousands of EB3 India Prior to April yet the USCIS (all four centers combined) has not been able to approve 1900 cases :) in one whole year. Its almost ridiculous. Also lets not use the stupid excuse of USCIS not being able to approve cases in a faster manner because these days they approve cases within 2 week of them becoming current. Also lets not go overboard with exactly how many people opt for the consular process and how many are stuck in Name Check. Even with all these things taken into account 1800 visa numbers should have been used up by July-August '06.

We are at a point where every theory can be ridiculed and debated because there is a total lack of clear and conise information. There is no point in making sense of this situation. The bottom line is that it doesn't matter what exactly the DOS or USCIS are considering when they are keeping the dates in April '01. What matters is that they are doing so and if they continue to do so (for whatever reason) then we are screwed. They might have very valid reasons or they may not but we are stuck so its time to forget about how they work and just concentrate on what they tell us in future bulletins.

regards,

saras
 
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Pd2001

My aplogies to those India EB3 with PD 2001. I always thought before April30 2001 there are not many Indians EB3 left. Now I see there may be such cases before April 30 and also many in 2001 rest of the year.

Now what this 2800 number specifies? Will every year India EB3 green card can go to that number only? Does this mean when in 2000-2004 when so
many thousands of Indians got visas they were less than 2800 each year? How is it possible?

I beleive they go beyond 2800 limit and that is the reason still not Indian EB3 did not became unavialable (that is my hope!!)

If you confirm that 2800 is the ultimate number for Indian Eb3 each year (unless there is a new bill), we all are royally screwed.

I know we are screwed earlire as I thought that somehow for India Eb3 the number of visa number is higher than 2800. But now really there is no hope for me (PDapr2002) as there are thousands of Indians Eb3 in 2001 looks like.
 
Spill Over

swas said:
My aplogies to those India EB3 with PD 2001. I always thought before April30 2001 there are not many Indians EB3 left. Now I see there may be such cases before April 30 and also many in 2001 rest of the year.

Now what this 2800 number specifies? Will every year India EB3 green card can go to that number only? Does this mean when in 2000-2004 when so
many thousands of Indians got visas they were less than 2800 each year? How is it possible?

I beleive they go beyond 2800 limit and that is the reason still not Indian EB3 did not became unavialable (that is my hope!!)

If you confirm that 2800 is the ultimate number for Indian Eb3 each year (unless there is a new bill), we all are royally screwed.

I know we are screwed earlire as I thought that somehow for India Eb3 the number of visa number is higher than 2800. But now really there is no hope for me (PDapr2002) as there are thousands of Indians Eb3 in 2001 looks like.
Click to expand...

swas,

The reason India EB3 was getting more visas than the annual limit of 2800 visas is that all categories were current and spill-over from categories was given to India EB3. This was all part of the AC-21 rules. Now that most categories are retrogressed the hard country limit is being enforced leaving India EB3 with only 2800 visas for the year.

regards,

saras
 
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