245(i) Cases Will not effect EB3 or EB2 Numbers

G

Ghost_card

Registered Users (C)
Here is what my attorney's reply to my querry after getting info from DOL/USCIS

" The 245(i) cases are a special category provided by US Law to all the illegal aliens working with in US since before 2000. And They created a special program under which they can file for a legal status (green card). But these individuals would have to file thier labor under special circumstances. Which under no conditions are considered similar to EB3 employment based category as filing for EB3 would require special skill which is not avialable in local markets in US. And Eb3 filing category for filing I-140 needs a employer to file a petition for a beneficiary ( H1-B foreign Professionals) which 245(i) case filers do not have. Thus these people who are taking advantage of 245(i) condition to legalize themselves need to go through EBs-EW (essential worker) category which is limited by law to 10,000 a year for everybody and this class is not classified by nation of birth. So all 290K plus cases filed under 245(i) condition with not effect the movement of Priority dates For Eb3 or Eb2 cases".

Reading this response my friends i think all this crazy retrogression happened only to give USCIS/DOL some breathing time to get thier act together.
So wishing everybody Best of luck, and hope to see the dates move as they did in last two months.
 
If that is the case then USCIS has set cut off dates just to clear of the applications and dates will not be affected by 245i. But since they expect so many I-140 and I-485 petitions from 245i they may not move the dates to get bombarded with so many applications.
so we are safe with visa number but date movement may still be an issue.
Ghost_card said:
Here is what my attorney's reply to my querry after getting info from DOL/USCIS

" The 245(i) cases are a special category provided by US Law to all the illegal aliens working with in US since before 2000. And They created a special program under which they can file for a legal status (green card). But these individuals would have to file thier labor under special circumstances. Which under no conditions are considered similar to EB3 employment based category as filing for EB3 would require special skill which is not avialable in local markets in US. And Eb3 filing category for filing I-140 needs a employer to file a petition for a beneficiary ( H1-B foreign Professionals) which 245(i) case filers do not have. Thus these people who are taking advantage of 245(i) condition to legalize themselves need to go through EBs-EW (essential worker) category which is limited by law to 10,000 a year for everybody and this class is not classified by nation of birth. So all 290K plus cases filed under 245(i) condition with not effect the movement of Priority dates For Eb3 or Eb2 cases".

Reading this response my friends i think all this crazy retrogression happened only to give USCIS/DOL some breathing time to get thier act together.
So wishing everybody Best of luck, and hope to see the dates move as they did in last two months.
Click to expand...
 
I am not sure that the 245(i) cases are 290K+. So if there are hardly any 245(i) from India, then at the max only 50K LC's are pending from India. (Assuming there are about 350K LC's pending at the backlog centers).

So @ the rate of 10K/year, it will take 29 years for all the 290K LC's to go thru. This is hard to believe.

I hope your lawyer doesn't say later "Galti se mistake ho gaya" :)
 
Do we have EB-EW(essential work) category? I do not see it in VB.

PD Oct2003
EB3 Non Rir
India.
 
A friend of mine got GC based on 245(i) and he is classified as EB3. So your lawyer is incorrect.

Best of luck to all.
 
Ghost_card,

I hope and pray that you and your lawyer are right. I have lost half of my hair waiting for this stupid greencard and don't wanna lose any more hair.

Who says slavery has gone away from America. It is still very much alive and affecting many of us on day to day basis by restricting our choices, movement, and things we can and can't do while we are in this 17th century USCIS greencard process. The slavery has, however, been given a new name called H1. Welcome to the slavery of 21st century.
 
Kamrans.
This friend you mentioned what is he working as?. By the way the 245(i) cases do not just contain Cab-drivers,C-store workers. many were working in malls,factories,agriculture sector. which do not need a education or advance skill training. by the way Eb3 category by itself is divided in subcategories. that is why my 140 petition was classified as Sec : 203 (b) (3) A (i). so i think this EBs- EW also exsit some where in thier with a 10K limit to it.
 
True ...

Ghost_card said:
Kamrans.
This friend you mentioned what is he working as?. By the way the 245(i) cases do not just contain Cab-drivers,C-store workers. many were working in malls,factories,agriculture sector. which do not need a education or advance skill training. by the way Eb3 category by itself is divided in subcategories. that is why my 140 petition was classified as Sec : 203 (b) (3) A (i). so i think this EBs- EW also exsit some where in thier with a 10K limit to it.
Click to expand...

The problem is that all catergories within EB3 have only one pool of visas.
 
I think "Other workers" is counted seperately for EB-3 unskilled workers.

saras76 said:
The problem is that all catergories within EB3 have only one pool of visas.
Click to expand...
 
My friend is having a bachelors degree and working as a webmaster. I have seen the papers as well and it says EB3.
 
My lawyer disagrees with yours. He just told me that he personally has many 245(i) pending at the DOL/BEC stage and yes, they would consume the EB3 quotas. if they didn't, DOS/USCIS would not be able to use the argument that high demand caused by 245(i) would demand visa numbers, right ?


Ghost_card said:
Here is what my attorney's reply to my querry after getting info from DOL/USCIS

" The 245(i) cases are a special category provided by US Law to all the illegal aliens working with in US since before 2000. And They created a special program under which they can file for a legal status (green card). But these individuals would have to file thier labor under special circumstances. Which under no conditions are considered similar to EB3 employment based category as filing for EB3 would require special skill which is not avialable in local markets in US. And Eb3 filing category for filing I-140 needs a employer to file a petition for a beneficiary ( H1-B foreign Professionals) which 245(i) case filers do not have. Thus these people who are taking advantage of 245(i) condition to legalize themselves need to go through EBs-EW (essential worker) category which is limited by law to 10,000 a year for everybody and this class is not classified by nation of birth. So all 290K plus cases filed under 245(i) condition with not effect the movement of Priority dates For Eb3 or Eb2 cases".

Reading this response my friends i think all this crazy retrogression happened only to give USCIS/DOL some breathing time to get thier act together.
So wishing everybody Best of luck, and hope to see the dates move as they did in last two months.
Click to expand...
 
My understanding of 245i

was for people who were out of status at one time to be able to file AOS. They otherwise would have to go back to their home country for CP to receive green card. So it is not just for people who came here illegally. Of course there were probably high percentage of 245i filed by illegals. But there were people just out of status. Thanks.
 
my understanding is 245I is only to give the peope who were out of status a chance to back to track, who is not totally illegal, who is not just walked crossing the boarder. And as far as how they file the green card, it depends on their own condition, can be family based or :) employ based (means they can be any catagory if they are qualified and the job indeed needs this quanlificaiton).
 
245i applicants adjust under whatever category they fall under based on the job requirements and their education, not different from any other EB case. Most of them are in all likelihood EB-3, but I personally know of EB-2s who adjusted under 245i. It is not a special category by any means, it just lifts the requirement to have maintained valid non-immigrant status for people whose immigration cases fulfill certain conditions and deadlines (labor cert filed before 4/30/01 AND alien present in US on 12/21/2000 AND inspected upon entering the US).

This attorney is wrong.
 
Is there a method to their madness?

unitednations said:
Here is another example:

I know it has been debated about whether DOS/USCIS is holding back visa numbers based on pending approvals from backlog centers. However, my experience in the last six months with various attorney's is that these labors were approved and I-140's filed after the dates had been retrogressed. Therefore, they are awaiting visas. (they can apply 485's starting in March). Therefore, there is an abundance of people who are already in the system in calculating visa dates not just ones waiting for approvals.
Click to expand...
May be there is a method to their madness in determining visa retrogression dates :confused: But how do you explain the retrogression dates for EB3 worldwide from October2005 or EB3 India retrogression to 1998 and inching forward but still lagging behind Mexico :confused:
 
245(i)

My PD was from 1998 EB-3. My I-485 was denied in June of 2005...long story. Anyway, because my PD was old enough (before the cutoff date of LIFE) I qualified to re-apply I485 under 245(i) at the CSC, they call it grandfathered. I had to wait until October to file. On January 18, my I 485 got approved and few days later I got my GC.
Are you saying that becasue I invoked 245(i) my case stopped being an EB3??
I don't think so.
 
One can file for H1/H4/F1/F4 or any other kind of visa that will allow that person to travel to India & retun back to US without any problem? SInce person who has filed in 245(i) was at one time out of status, would that create a problem getting any other kind of legal visa while he/she is waiting for 485 approval?

Is there any risk involved trveling with AP while 485 is pending user 245(i)?

Any suggestion would be helpful...
 
Pari0104 said:
One can file for H1/H4/F1/F4 or any other kind of visa that will allow that person to travel to India & retun back to US without any problem? SInce person who has filed in 245(i) was at one time out of status, would that create a problem getting any other kind of legal visa while he/she is waiting for 485 approval?

Is there any risk involved trveling with AP while 485 is pending user 245(i)?

Any suggestion would be helpful...
Click to expand...

Under Section 245(i), an eligible alien can remain in the U.S. to obtain permanent residence through adjustment of status, and thus never trigger these entry bars. (Once permanent residence is obtained, these entry bars no longer apply.) Thus, it is particularly important that people subject to the bars not leave the U.S. at all until they become permanent residents since the 245(i) does not lift the three year/ ten year bars.

http://www.hooyou.com/245i/faq.html
 
Thanks envision.

Now question about my case....

My PD is current & early this year I got married, my wife is in US for past 7 years on H1B status. We sent her i485 in 2nd week of January, last week we received rejection notice for her saying "Fee was not included" they sent the whole package is back to lawyer's office & checks were there in the package itself. My lawer sent back the package & it was recieved by NSC on 15th Feb according to FedEx confirmation. My concerns are...

- Since my PD is current and if I get approval before NSC assign a receipt number to my wife's i485 case, what will happen?
- Lawer said once we get the receipt number for i485 then only we can apply for EAD, is that how it should be?
- My wife called NSC, representative was very polite but could not help much, she said wait for 30 days for receipt number, is there anything we can do to atleast get the receipt number, so that we know my wife's i485 is filed and she will get her GC soon rather waiting for 3-4 years if I get my approval & then she files for GC it will take 3-4 years


----------------------------
PD: April 30 2001
485 RD: April 22 2004
Finger print for 485 done on June 21 2005
Interviewed at NY Federal Plaza on July 13 2005
since then no action....
-------------------------------
 
I assume this is happening because the number of Indians legally applying for GC is much bigger than the number of Mexicans. However, the country quota is the same - 7%.
Just an example. According to DOL statistics for 2006, the number of approved PERM LC for
- India - 22K,
- Mexico - 4K

I understand that it doesn't exactly answer your question, but it gives very clear picture of the situation.

Dallas03096 said:
May be there is a method to their madness in determining visa retrogression dates :confused: But how do you explain the retrogression dates for EB3 worldwide from October2005 or EB3 India retrogression to 1998 and inching forward but still lagging behind Mexico :confused:
Click to expand...
 
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