2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)

jpanchal said:
per Jan'05 visa bulletin, EB3 category retrogressed back to Jan'02 which means the visa numbers will only be available after the date advances.
Click to expand...

Hi JP and all others,
Can you please elaborate. What does that mean ?

Does that mean whosoever has his labor PD before Jan'02 will not be affected.

And where can i find this visa bulletin ? Can u please provide some link?

Thanks in advance.
 
Last edited by a moderator:
jpanchal said:
per Jan'05 visa bulletin, EB3 category retrogressed back to Jan'02 which means the visa numbers will only be available after the date advances. Which makes me believe that USCIS's focus would now shift to EB2/1 category which still remains current and we should hopefully see some activity in EB2/1 category. The good thing that they did in favor of EB3 guys is that they cleared their I-140, making portability rule available to them. Hope for the best.......
Click to expand...


Can you post the link to this bulletin

thanks
 
Priority Dates Retrogressed

Guys,
Since the Dates are retrogressed to Jan/02 to EB3 Category..Please update the tracker with your priority dates to see the pattern.
 
Priority Date

Please update the tracker with my priority date

PD: January'22 2002
140/485/131 ND: 8/24/2004
140 AD: 11/01/2004
485 AD: ???
 
If one has already applied for I-485, will the case still be subjected to Priority Date? I say NO.

Going back 3-4 years, one could not file 485 unless the person's PD was current. What it means for all those who have already filed 485 is that a Visa number was available for them to be able to file it.

Theoritically speaking (and also per law too), USCIS must process all 485's that are already filed.

Now, why should the date go backwards ? instead staying at Jan 1 2005?
And why Jan 1st 2002 and not Jan 1st 2001 ??

Back in 2001, when the law was changed to use unused numbers for other countries towards India and China, we had large numbers available. The PD moved from a 3 year backlog to Current.

Since then, every one who cleared labor certification had a number available until sometime this year. So they could file 485.

Jan 1st 2002 is just an arbitary date. USCIS believes that most Labor Certifications that have been approved, filed 485, but still did not eventually receive a green card are only after this date. There should be very few people who's PD is before Jan 1st 2002 and not yet filed for a 485.

My guess is that the date will move forward quickly to early 2003 as those people from 2001 Labors who are getting approvals only recently start clearing up (ie apply 485). I dont think there are many people with PD in 2001 (or even 2002) whose labor is not yet approved or not yet filed for 485.

All those who filed 485: keep your good moods up

all those whose PD before Jan 1st 2003 but after Jan 1st 2002: Wait should not be too long

Any one whose PD is after 2003: God bless you

(all comments are for EB3 only)
 
Patnams
Your explanations was too good and easy to understand most of us.
Hope your word will keep most of us Cheerful.

Thx,
Nivasch
PD: EB3/2002/02 NJ
------------------------------------

patnams said:
If one has already applied for I-485, will the case still be subjected to Priority Date? I say NO.

Going back 3-4 years, one could not file 485 unless the person's PD was current. What it means for all those who have already filed 485 is that a Visa number was available for them to be able to file it.

Theoritically speaking (and also per law too), USCIS must process all 485's that are already filed.

Now, why should the date go backwards ? instead staying at Jan 1 2005?
And why Jan 1st 2002 and not Jan 1st 2001 ??

Back in 2001, when the law was changed to use unused numbers for other countries towards India and China, we had large numbers available. The PD moved from a 3 year backlog to Current.

Since then, every one who cleared labor certification had a number available until sometime this year. So they could file 485.

Jan 1st 2002 is just an arbitary date. USCIS believes that most Labor Certifications that have been approved, filed 485, but still did not eventually receive a green card are only after this date. There should be very few people who's PD is before Jan 1st 2002 and not yet filed for a 485.

My guess is that the date will move forward quickly to early 2003 as those people from 2001 Labors who are getting approvals only recently start clearing up (ie apply 485). I dont think there are many people with PD in 2001 (or even 2002) whose labor is not yet approved or not yet filed for 485.

All those who filed 485: keep your good moods up

all those whose PD before Jan 1st 2003 but after Jan 1st 2002: Wait should not be too long

Any one whose PD is after 2003: God bless you

(all comments are for EB3 only)
Click to expand...
 
http://www.murthy.com/nflash/nflash9.html


Employment Visa Numbers Retrogress!
Dec 09, 2004

As predicted, the Department of State (DOS) has announced that the Employment Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date. The DOS has indicated that further retrogression may be possible in future months. For a detailed analysis of the implications of retrogression, see our Sep 24, 2004 article, Priority Dates May Retrogress <murthy.com/news/n_pridat.html>, available on MurthyDotCom. The DOS Visa Dates <murthy.com/visadate.html> are also available on MurthyDotCom.

Special emphasis on the bold item "The DOS has indicated that further retrogression may be possible in future months." What does this line mean? Does it mean that the dates could retrogress further like Jan 2001 etc etc.
 
patnams said:
If one has already applied for I-485, will the case still be subjected to Priority Date? I say NO.

Going back 3-4 years, one could not file 485 unless the person's PD was current. What it means for all those who have already filed 485 is that a Visa number was available for them to be able to file it.

Theoritically speaking (and also per law too), USCIS must process all 485's that are already filed.

Now, why should the date go backwards ? instead staying at Jan 1 2005?
And why Jan 1st 2002 and not Jan 1st 2001 ??

Back in 2001, when the law was changed to use unused numbers for other countries towards India and China, we had large numbers available. The PD moved from a 3 year backlog to Current.

Since then, every one who cleared labor certification had a number available until sometime this year. So they could file 485.

Jan 1st 2002 is just an arbitary date. USCIS believes that most Labor Certifications that have been approved, filed 485, but still did not eventually receive a green card are only after this date. There should be very few people who's PD is before Jan 1st 2002 and not yet filed for a 485.

My guess is that the date will move forward quickly to early 2003 as those people from 2001 Labors who are getting approvals only recently start clearing up (ie apply 485). I dont think there are many people with PD in 2001 (or even 2002) whose labor is not yet approved or not yet filed for 485.

All those who filed 485: keep your good moods up

all those whose PD before Jan 1st 2003 but after Jan 1st 2002: Wait should not be too long

Any one whose PD is after 2003: God bless you

(all comments are for EB3 only)
Click to expand...


Patnams,
Good explanation. But 1 quick question, actually 2.

"all those whose PD before Jan 1st 2003 but after Jan 1st 2002: Wait should not be too long" ... what makes you say this?
My pd (when my state labor was filed ... is that correct?) is June 2002. How many months do you think this will take to become current.
 
NUmber of 485 applicants being called for interview

Are there any statistics out there to indicate how many applicants are called in for an interview. There were a lot of such cases 5-6 months back but I have not heard about it that much recently. Anybody know?

Thanks
 
Pareshan4GC said:
Patnams,
Good explanation. But 1 quick question, actually 2.

"all those whose PD before Jan 1st 2003 but after Jan 1st 2002: Wait should not be too long" ... what makes you say this?
My pd (when my state labor was filed ... is that correct?) is June 2002. How many months do you think this will take to become current.
Click to expand...

First of all, since you filed 485, PD has no more bearing on your case. You are safe.

Coming to first question, PD will move based on labor fresh approvals filed in 2002. As per my knowledge, people in some only in some states like New York, New Jersey, California are yet to receive labor approvals for filings in 2002. NJ which takes a very very big chunk of labors, I think almost completed approving 2002 labor filings. Most people must have already filed for 485.

Connecticut, Pensylvania, Illinois, Michigan, and even Texas are past 2002. So there should not be many fresh approvals from 2002 as most have already been approved and 485's have already been filed.

Most people waiting are from NY and California. Lot of labors in CA were sent back to state from federal. NY had been virtually still since Sep11th.
 
Tracker updated

tracker updated with saffronizeddesi, sgupta01 and ran123's PD.
gsee-I see two "gsee" in the tracker (both in EB2 category)-one whose ND is 10/20/04 and other whose ND is 03/16/04. which one are you.
 
patnams said:
If one has already applied for I-485, will the case still be subjected to Priority Date? I say NO.

Going back 3-4 years, one could not file 485 unless the person's PD was current. What it means for all those who have already filed 485 is that a Visa number was available for them to be able to file it.

Theoritically speaking (and also per law too), USCIS must process all 485's that are already filed.

Now, why should the date go backwards ? instead staying at Jan 1 2005?
And why Jan 1st 2002 and not Jan 1st 2001 ??

Back in 2001, when the law was changed to use unused numbers for other countries towards India and China, we had large numbers available. The PD moved from a 3 year backlog to Current.

Since then, every one who cleared labor certification had a number available until sometime this year. So they could file 485.

Jan 1st 2002 is just an arbitary date. USCIS believes that most Labor Certifications that have been approved, filed 485, but still did not eventually receive a green card are only after this date. There should be very few people who's PD is before Jan 1st 2002 and not yet filed for a 485.

My guess is that the date will move forward quickly to early 2003 as those people from 2001 Labors who are getting approvals only recently start clearing up (ie apply 485). I dont think there are many people with PD in 2001 (or even 2002) whose labor is not yet approved or not yet filed for 485.

All those who filed 485: keep your good moods up

all those whose PD before Jan 1st 2003 but after Jan 1st 2002: Wait should not be too long

Any one whose PD is after 2003: God bless you

(all comments are for EB3 only)
Click to expand...

It is indeed a very good explanation. Most people seem to be of the opinion that if the PD is after Jan 2002, evenif one has filed 485, it won't get approved until the PD becomes current for that application.

How did you come up with this rationale.

My PD is May 2002 and my lawyer also of the opinion that I won't be impacted since we have already filed for 485 (ND Mar 29, 2004)

Please explain
 
PD for Substitution??

Folks,

A basic question. I am using an EB3 Labor Substitution.
What should be my priority date?

Binary
 
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