cooldude2k4
Registered Users (C)
My PD date - 02/04.
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2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)
- Thread starter inferno
- Start date
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)
I found thid on USCIS website:
Overview
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of CIS' paths to lawful permanent residency.
Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement. You may wish to read more about this program.
Third, CIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.
Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. You may wish to read about application procedures on becoming a permanent resident while in the United States. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
What is the Fourth stage?
hdixit said:How did you come up with this rationale.
Please explain
PD only determines when you should file 485.
Once 485 is filed, PD doesnt matter at all.
There is no rationale behind this, it is just law and the way things work.
Who gets affected by this Date retrogression?
-- people whose labor PD is After Jan 1 2002, labor not yet approved, they have to wait for labor anyway
-- people whose labor PD is After Jan 1 2002, labor approved but not filed 485
What gets affected? (if 485 not filed, even if 140 is approved)
-- ability to get work permit (EAD)
-- ability to change employers
-- ability to get a advance parole
What does Not get affected?
-- ability to get 7th, 8th... year extensions
-- ability to get a H1 visa on passport
visa bulletin
excerpt from jan'05 visa bulletin:
"In recent years, all Employment-based categories have been “Current” for all countries, primarily as a result of two factors:
The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a “pool” of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these “pool” numbers remain available for use during FY-1005. Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
Changes in CIS processing procedures during the past two years created a significant backlog of cases and a consequent reduction in demand for numbers.
During the time that the Employment-based categories have remained “Current” many tens of thousands of applicants have become eligible to file for adjustment of status. Last summer, CIS notified Congress of its intent to eliminate its current backlogs by the end of FY-2006. As a result of the CIS backlog reduction effort, we are now experiencing very heavy visa demand as CIS has begun to process cases to conclusion. Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.
It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines. Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand. No specific predictions are possible at this time. "
excerpt from jan'05 visa bulletin:
"In recent years, all Employment-based categories have been “Current” for all countries, primarily as a result of two factors:
The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a “pool” of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these “pool” numbers remain available for use during FY-1005. Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
Changes in CIS processing procedures during the past two years created a significant backlog of cases and a consequent reduction in demand for numbers.
During the time that the Employment-based categories have remained “Current” many tens of thousands of applicants have become eligible to file for adjustment of status. Last summer, CIS notified Congress of its intent to eliminate its current backlogs by the end of FY-2006. As a result of the CIS backlog reduction effort, we are now experiencing very heavy visa demand as CIS has begun to process cases to conclusion. Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.
It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines. Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand. No specific predictions are possible at this time. "
Impact of Retrogression on EAD
Hello All,
Mine is a Labor substitution and I have my I140 approved (11/30/04) and I am in the process of applying for I485 and EAD in next few days. Assuming that I send my documents in next two days.. will I get my EAD or do I have to wait till the PD becomes current? My PD is May 2002.
Thanks for all your feedback.
Thanks
Hello All,
Mine is a Labor substitution and I have my I140 approved (11/30/04) and I am in the process of applying for I485 and EAD in next few days. Assuming that I send my documents in next two days.. will I get my EAD or do I have to wait till the PD becomes current? My PD is May 2002.
Thanks for all your feedback.
Thanks
As per a popular lawyer
"Once the adjustment of status is filed, if the cut-off dates retrogress, it is not possible to obtain permanent residence until the visa number becomes available. However, if the I-485 is filed when the numbers retrogress, the applicant has historically been able to remain in the U.S. and obtain an Employment Authorization Document (EAD) and Advance Parole (AP) extensions, if otherwise qualified."
my earlier comments are wrong I guess.
"Once the adjustment of status is filed, if the cut-off dates retrogress, it is not possible to obtain permanent residence until the visa number becomes available. However, if the I-485 is filed when the numbers retrogress, the applicant has historically been able to remain in the U.S. and obtain an Employment Authorization Document (EAD) and Advance Parole (AP) extensions, if otherwise qualified."
my earlier comments are wrong I guess.
Pls update tracker with my info
desi_ma
Labor PD Aug 2002 (EB3/MA/NON-RIR) AD 03 MAY 2004
140 (ND 02 Jul 04 RD 07 Jul 04 AD 4 Oct 2004)
EAD (ND 02 Jul 04 RD 07 Jul 04 AD 08 Aug 2004)
AP (ND 02 Jul 04 RD 07 Jul 04 AD 08 Aug 2004)
I485 (ND 02 Jul 04 RD 07 Jul 04 AD ?? )
desi_ma
Labor PD Aug 2002 (EB3/MA/NON-RIR) AD 03 MAY 2004
140 (ND 02 Jul 04 RD 07 Jul 04 AD 4 Oct 2004)
EAD (ND 02 Jul 04 RD 07 Jul 04 AD 08 Aug 2004)
AP (ND 02 Jul 04 RD 07 Jul 04 AD 08 Aug 2004)
I485 (ND 02 Jul 04 RD 07 Jul 04 AD ?? )
New Member
Please Add my Info to the Tracker.
EB2 Labor Sub from NJ PD 07/2001
I140 RD 05/12/2004 ND 05/18/2004 AD ??????????
I-485 RD 07/21/2004 ND 07/30/2004 AD ??????????
EAD RD 07/21/2004 ND 07/30/2004 AD 08/19/2004
AP RD 07/21/2004 ND 07/30/2004 AD 08/15/2004
Thanks
Vinod
Please Add my Info to the Tracker.
EB2 Labor Sub from NJ PD 07/2001
I140 RD 05/12/2004 ND 05/18/2004 AD ??????????
I-485 RD 07/21/2004 ND 07/30/2004 AD ??????????
EAD RD 07/21/2004 ND 07/30/2004 AD 08/19/2004
AP RD 07/21/2004 ND 07/30/2004 AD 08/15/2004
Thanks
Vinod
Patnams, Sorry, you are wrong..
Patnams,
Yes, you are wrong. Here is what murthy.com says:
If one has an employment-based I-485 filed already, the first hurdle has been overcome. The employment-based priority dates are all current at this time, so they filed at a time when the dates were current. These cases will go through the ordinary procedures until the priority dates retrogress. Once the dates retrogress the impact on a pending case will depend upon whether the dates retrogress to a point earlier than the priority date of that case. For example, a case with a priority date of January 1, 2002 will not be impacted if the priority dates retrogress to January 1, 2003 in the relevant category. In this example, there are sufficient visa numbers available for all cases filed before January 1, 2003. Thus, our January 1, 2002 illustration case can proceed normally.
©MurthyDotCom
However, using the same example, if the priority dates retrogress to a time earlier than January 1, 2002, it will not be possible for the case to be approved until the priority dates move forward again. In this situation the I-485 will remain in pending status until the priority date reaches January 2, 2002. At that time, the case will be eligible for approval. Of course, whether a particular case is acted upon at any given time depends upon the processing times at the USCIS. While awaiting case action one is eligible for Employment Authorization (EAD) and Advance Parole
http://www.murthy.com/news/n_rempri.html
Patnams,
Yes, you are wrong. Here is what murthy.com says:
If one has an employment-based I-485 filed already, the first hurdle has been overcome. The employment-based priority dates are all current at this time, so they filed at a time when the dates were current. These cases will go through the ordinary procedures until the priority dates retrogress. Once the dates retrogress the impact on a pending case will depend upon whether the dates retrogress to a point earlier than the priority date of that case. For example, a case with a priority date of January 1, 2002 will not be impacted if the priority dates retrogress to January 1, 2003 in the relevant category. In this example, there are sufficient visa numbers available for all cases filed before January 1, 2003. Thus, our January 1, 2002 illustration case can proceed normally.
©MurthyDotCom
However, using the same example, if the priority dates retrogress to a time earlier than January 1, 2002, it will not be possible for the case to be approved until the priority dates move forward again. In this situation the I-485 will remain in pending status until the priority date reaches January 2, 2002. At that time, the case will be eligible for approval. Of course, whether a particular case is acted upon at any given time depends upon the processing times at the USCIS. While awaiting case action one is eligible for Employment Authorization (EAD) and Advance Parole
http://www.murthy.com/news/n_rempri.html
patnams said:As per a popular lawyer
"Once the adjustment of status is filed, if the cut-off dates retrogress, it is not possible to obtain permanent residence until the visa number becomes available. However, if the I-485 is filed when the numbers retrogress, the applicant has historically been able to remain in the U.S. and obtain an Employment Authorization Document (EAD) and Advance Parole (AP) extensions, if otherwise qualified."
my earlier comments are wrong I guess.
Introuble123
New Member
Need some help
To All Gurus,
I got labour approval in Nov 2003 and applied for my I-140/I-485.
Since then My EAD, AP, I-140 have already been approved.
I was planning to get married sometime next year, in India.
The Question is will my wife be able to apply for greencard ( or get attached to my I485 application) when she comes to US. As of now due to the retrogresstion of the priority date no new I-485 can be filed.
So will she be able to apply for AP, EAD, I-485 once she is in US.
Right now I am on H1B and plan to get her into US on H4 visa.
Thanks
To All Gurus,
I got labour approval in Nov 2003 and applied for my I-140/I-485.
Since then My EAD, AP, I-140 have already been approved.
I was planning to get married sometime next year, in India.
The Question is will my wife be able to apply for greencard ( or get attached to my I485 application) when she comes to US. As of now due to the retrogresstion of the priority date no new I-485 can be filed.
So will she be able to apply for AP, EAD, I-485 once she is in US.
Right now I am on H1B and plan to get her into US on H4 visa.
Thanks
chetak said:Is it true that for LC substitution, the priority date is the notice /receipt date os I-140.
In my opinion, NO.
PD in the case of substitute LC is PD of LC and not 140 filing date.
kalse_2000
Registered Users (C)
Will this effect every body or it will effects only for CHINA, INDIA, PHIL, MEXICO born ?
Thank you
Thank you