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245 (i) Impact on India?
- Thread starter Texaswala
- Start date
There are lot of illegal Immigrants filed their Labor Certifications during the month of Apr 2001. especially Apr 30, 2001 based on 245(i). If there are applicants from India (which there will be lot of people), till their priority date Apr 30, 2001 is cleared, the Dept of State will not move the Priority Dates ahead of Apr 30, 2001. Thats why everybody is worried, whoever has priority dates above APR 30, 2001. Hope I answred correctly. There are lot of interesting discussions going on "http://www.immigrationvoice.org" if you have time, pl feel free to go thru them.
245(i) impact on EB3 India
Texaswala,
I have been looking into this issue at length and have found the following. As kamma has stated, in April 2001 about 300,000 illegal immigrants across America filed for their labor cert. April 2001 was the deadline for the amnesty. Most of these 300,000 cases were filed under EB3 category. These cases have largely been stuck in local labor processing centers over the past 4 years. Since these cases were stuck at the labor stage for the past 4 years, the priority dates for EB3s remained current. Towards the middle of last year (05) the labor centers began approving the 245(i) cases and these cases started becoming eligible for 485 filing. This trend scared the DOS and they retrogressed EB3s in all categories anticipating a flood of 245(i) cases from 2001 that will require visas. Their logic was that people with PDs after 2001 should not get approved before the tens of thousands of PDs from 2001 and before. Hence retrogression began. Now onto how this affects India EB3s directly.
Every year in Oct (start of new fiscal year for the govt) 140,000 visas are made avaible for EB3s. These 140,000 visas are divided amongst the different nationalities. Since India, China, Mexico and Phillipines have the most number of applicants, the goverment has set a limit of 7% visas per year for these countries. This means that in any one year only 7% of 140,000 visas can be given to Indian nationals. So 9,800 Indian nationals can get their GC in a year. The same holds true for China, Mexico and Phillipines. So about 40,000 of the 140,000 visas are given to India, China, Mexico and Phillipines. The remaining 100,000 visas are alloted to the Rest of the World category. In the past, the rest of the world category barely used up even half of the alloted visas. These visas were then given away to applicants from India, China, Mexico and Phillipines. Now comes the troubling part. Since the EB3 category is projected to see a surge of 245(i) cases primarily from India, Mexico and other countries these 245(i) cases will eat into the 7% cap for these nations and will also eat up the visas left over from the Rest of the world category. So technically the extra visas from the Rest of the world category that were made available to countries such as India and China are now going to be eaten up by the surge of 245(i)s from 2001. Irrespective of the the nationality of the 245(i) applicants, they are impacting every category witihn EB3. That is the main reason that almost all EB3 categories have retrogressed and will remain so for a while. Its a grim picture but thats the reality.
We need some intervention from Congress, otherwise we can continue to wait for years.
The above is what the situation is to the best of my knowledge. I may be wrong in parts but the root of the problem is what I have mentioned.
regards,
saras76
Texaswala,
I have been looking into this issue at length and have found the following. As kamma has stated, in April 2001 about 300,000 illegal immigrants across America filed for their labor cert. April 2001 was the deadline for the amnesty. Most of these 300,000 cases were filed under EB3 category. These cases have largely been stuck in local labor processing centers over the past 4 years. Since these cases were stuck at the labor stage for the past 4 years, the priority dates for EB3s remained current. Towards the middle of last year (05) the labor centers began approving the 245(i) cases and these cases started becoming eligible for 485 filing. This trend scared the DOS and they retrogressed EB3s in all categories anticipating a flood of 245(i) cases from 2001 that will require visas. Their logic was that people with PDs after 2001 should not get approved before the tens of thousands of PDs from 2001 and before. Hence retrogression began. Now onto how this affects India EB3s directly.
Every year in Oct (start of new fiscal year for the govt) 140,000 visas are made avaible for EB3s. These 140,000 visas are divided amongst the different nationalities. Since India, China, Mexico and Phillipines have the most number of applicants, the goverment has set a limit of 7% visas per year for these countries. This means that in any one year only 7% of 140,000 visas can be given to Indian nationals. So 9,800 Indian nationals can get their GC in a year. The same holds true for China, Mexico and Phillipines. So about 40,000 of the 140,000 visas are given to India, China, Mexico and Phillipines. The remaining 100,000 visas are alloted to the Rest of the World category. In the past, the rest of the world category barely used up even half of the alloted visas. These visas were then given away to applicants from India, China, Mexico and Phillipines. Now comes the troubling part. Since the EB3 category is projected to see a surge of 245(i) cases primarily from India, Mexico and other countries these 245(i) cases will eat into the 7% cap for these nations and will also eat up the visas left over from the Rest of the world category. So technically the extra visas from the Rest of the world category that were made available to countries such as India and China are now going to be eaten up by the surge of 245(i)s from 2001. Irrespective of the the nationality of the 245(i) applicants, they are impacting every category witihn EB3. That is the main reason that almost all EB3 categories have retrogressed and will remain so for a while. Its a grim picture but thats the reality.
We need some intervention from Congress, otherwise we can continue to wait for years.
The above is what the situation is to the best of my knowledge. I may be wrong in parts but the root of the problem is what I have mentioned.
regards,
saras76
Last edited by a moderator:
Loophole ..
atllab,
As with any policy there are loopholes in the EB3 category that have been utilized by the 245(i) applicants. A 245(i) applicant with more than 3 years (maybe 5 years,I am not sure) of experience is considered to be a skilled laborer. A lot of the 245(i)s have well over 5 years of experience so they have been thrown in with us. I know this sounds ridiculous but that is what has happened. An irresponsible policy has led to this mess. I have nothing against illegal immigrants but I do blame the US government for mindless policies that have screwed over thousands of law abiding legal immigrants.
The bottom line is that the US goverment stands to gain nothing by granting legal immigrants GCs because they are already collecting taxes from us. Corporations do not want us to get our GCs because they can continue to exploit us. These two factors are working strongly against us. If the government thought that this retrogression will hurt them in anyway would they let it continue this way? They are short sighted and do not realize the damage this is going to do in the long term.
On the flip side, the US government is always in favor of illegal immigrants getting their GCs because they know that very few of them pay taxes and they realize that the only way they can get these people to report their incomes and pay their taxes is by making them PRs so they can get legal SS#s and start paying their taxes. This is why illegal immigrants have the upper hand.
This is not some conspiracy theory, it is the blatant truth. Its high time we see the big picture and act accordingly. We legal immigrants have been naive for way to long.
regards,
saras76
atllab said:Out of my curiosity i have 1 question-Does any one have any idea why 245(i) cases are being considered in EB3 skilled workers category? Shouldn't they considered in other workers category?
atllab,
As with any policy there are loopholes in the EB3 category that have been utilized by the 245(i) applicants. A 245(i) applicant with more than 3 years (maybe 5 years,I am not sure) of experience is considered to be a skilled laborer. A lot of the 245(i)s have well over 5 years of experience so they have been thrown in with us. I know this sounds ridiculous but that is what has happened. An irresponsible policy has led to this mess. I have nothing against illegal immigrants but I do blame the US government for mindless policies that have screwed over thousands of law abiding legal immigrants.
The bottom line is that the US goverment stands to gain nothing by granting legal immigrants GCs because they are already collecting taxes from us. Corporations do not want us to get our GCs because they can continue to exploit us. These two factors are working strongly against us. If the government thought that this retrogression will hurt them in anyway would they let it continue this way? They are short sighted and do not realize the damage this is going to do in the long term.
On the flip side, the US government is always in favor of illegal immigrants getting their GCs because they know that very few of them pay taxes and they realize that the only way they can get these people to report their incomes and pay their taxes is by making them PRs so they can get legal SS#s and start paying their taxes. This is why illegal immigrants have the upper hand.
This is not some conspiracy theory, it is the blatant truth. Its high time we see the big picture and act accordingly. We legal immigrants have been naive for way to long.
regards,
saras76
Last edited by a moderator:
HI Saras,
This is my case
and we have filed 245(i) with $1000check, did our boimetric 3. What is our status. Should our case go according to PD date or based on 245(i). If so when do u think our 485 will be approved.
category - EB3
country - INDIA
I140/485 - 09/25/2003(texas service center)
I140 AD - 02/11/2005
485 RD - 10/1/2003
485 RFE - 12/14/2004
485 RFE Replied - 1/13/2005
485 LUD - 01/20/2005
priority date - 1/31/2003
labor approved - 10/14/2003
485 AD - ????????
Thanks
SAAN.
This is my case
and we have filed 245(i) with $1000check, did our boimetric 3. What is our status. Should our case go according to PD date or based on 245(i). If so when do u think our 485 will be approved.
category - EB3
country - INDIA
I140/485 - 09/25/2003(texas service center)
I140 AD - 02/11/2005
485 RD - 10/1/2003
485 RFE - 12/14/2004
485 RFE Replied - 1/13/2005
485 LUD - 01/20/2005
priority date - 1/31/2003
labor approved - 10/14/2003
485 AD - ????????
Thanks
SAAN.
your approval ...
saan said:HI Saras,
This is my case
and we have filed 245(i) with $1000check, did our boimetric 3. What is our status. Should our case go according to PD date or based on 245(i). If so when do u think our 485 will be approved.
saan,
I do not have much experience with 245(i) cases. I would pose this question on another forum or as a separate thread. Maybe someone else may be able to help you.
regards,
saras76
saan said:HI Saras,
This is my case
and we have filed 245(i) with $1000check, did our boimetric 3. What is our status. Should our case go according to PD date or based on 245(i). If so when do u think our 485 will be approved.
category - EB3
country - INDIA
I140/485 - 09/25/2003(texas service center)
I140 AD - 02/11/2005
485 RD - 10/1/2003
485 RFE - 12/14/2004
485 RFE Replied - 1/13/2005
485 LUD - 01/20/2005
priority date - 1/31/2003
labor approved - 10/14/2003
485 AD - ????????
Thanks
SAAN.
If it is 245(I) case it will be approved after Interview. Do not leave US before the approval.
If your case is 245(I) Why the PD is 2003?
saras76 thanks for your reply,
These immigration rules and regulations are really shameful ...EB3 category (especially for India) is really going to suffer...It is really hard to say when PD for Eb3 India will cross April 2001...
Eb3 India Sept. 2002,
I140/I485 Oct. 8 , 2004
I140 approved = Feb. 18, 2005
I485 approved date == ???????? LUD changed May4, 2005 after FP, Lud changed July 1, 2005, July 5,2005.
FP = May3, 2005 (code 3)
EAD1 RD = Oct. 8,2004 Approved November 10,2004
AP1 RD = Oct. 8,2004 Approved November 16,2004
EAD2 RD = Sep. 1,2005 Approved September 8,2005
AP2 RD = Sep. 1,2005 Approved September 9,2005
These immigration rules and regulations are really shameful ...EB3 category (especially for India) is really going to suffer...It is really hard to say when PD for Eb3 India will cross April 2001...
Eb3 India Sept. 2002,
I140/I485 Oct. 8 , 2004
I140 approved = Feb. 18, 2005
I485 approved date == ???????? LUD changed May4, 2005 after FP, Lud changed July 1, 2005, July 5,2005.
FP = May3, 2005 (code 3)
EAD1 RD = Oct. 8,2004 Approved November 10,2004
AP1 RD = Oct. 8,2004 Approved November 16,2004
EAD2 RD = Sep. 1,2005 Approved September 8,2005
AP2 RD = Sep. 1,2005 Approved September 9,2005
ASHTON KUTCHER
Registered Users (C)
247 Case
What is your PD ??? that is what you need to look at and monitor the VISA BULLITEN , my PD was 03/01 and finally got Approved on 485 on 01/05/06 see below for more information, I didn't get called in for and Interview ETC not RFE and LUD as well.
Ashton
Saan,saan said:HI Saras,
This is my case
and we have filed 245(i) with $1000check, did our boimetric 3. What is our status. Should our case go according to PD date or based on 245(i). If so when do u think our 485 will be approved.
category - EB3
country - INDIA
I140/485 - 09/25/2003(texas service center)
I140 AD - 02/11/2005
485 RD - 10/1/2003
485 RFE - 12/14/2004
485 RFE Replied - 1/13/2005
485 LUD - 01/20/2005
priority date - 1/31/2003
labor approved - 10/14/2003
485 AD - ????????
Thanks
SAAN.
What is your PD ??? that is what you need to look at and monitor the VISA BULLITEN , my PD was 03/01 and finally got Approved on 485 on 01/05/06 see below for more information, I didn't get called in for and Interview ETC not RFE and LUD as well.
Ashton
ASHTON KUTCHER
Registered Users (C)
245 Cases
Since you PD is 01/03 you have quite some wait still , also note current Visa cut date is 04/01 in most countries , I recon they will get to you PD some where around 2007 or 2008 , hate to give you this info since it's not good news but they are stuck on 04/01 at this moment since they have a huge amt of app's filed around that time 245i .
Ashton
Saan,saan said:Hi Ash,
My PD is Jan 03. Where u also in 245(i) case. What should I need to look in for visa bulletin. I dont know whether they will approve my case according to PD or with 245(i) case status. Could u shed some more light on to this matter.
Thanks
SAan.
Since you PD is 01/03 you have quite some wait still , also note current Visa cut date is 04/01 in most countries , I recon they will get to you PD some where around 2007 or 2008 , hate to give you this info since it's not good news but they are stuck on 04/01 at this moment since they have a huge amt of app's filed around that time 245i .
Ashton
Not all 245i cases go for interviews.
If the I140 is from a stable corporation and the submitted documentation shows that it is a legit job (e.g. submitted tax records document that alien is working for the corporation), they DO approve the occasional 245i case at the regional service center without interview (the case I know this from was EB-2 with a 250k annual salary, don't know whether it makes a difference).
If the I140 is from a stable corporation and the submitted documentation shows that it is a legit job (e.g. submitted tax records document that alien is working for the corporation), they DO approve the occasional 245i case at the regional service center without interview (the case I know this from was EB-2 with a 250k annual salary, don't know whether it makes a difference).
ASHTON KUTCHER
Registered Users (C)
245 Cases
I think they judge Interview by your documets submitted to them , if all is in proper order and the Office have all necessary documents they will approved the case with calling you in for an Interview .
Also most EB's get there GC without interview , so don't worry you probably will get approved without I/V.
Good luck
Ashton
You are right not all 245i cases get called in for Interview , I filed under 245i and did not once step in at any INS locations , They sent me Card by mail and that was it .hadron said:Not all 245i cases go for interviews.
If the I140 is from a stable corporation and the submitted documentation shows that it is a legit job (e.g. submitted tax records document that alien is working for the corporation), they DO approve the occasional 245i case at the regional service center without interview (the case I know this from was EB-2 with a 250k annual salary, don't know whether it makes a difference).
I think they judge Interview by your documets submitted to them , if all is in proper order and the Office have all necessary documents they will approved the case with calling you in for an Interview .
Also most EB's get there GC without interview , so don't worry you probably will get approved without I/V.
Good luck
Ashton
Many of the 245i related EB-3 cases where filed under very pressured conditions. Back then, when it became clear that this was probably the last chance at some sort of 'amnesty', people filed the wildest labor certs, all in the hopes of securing the pre 4/30 priority date. Often this was done by small corporations, neighbourhood businesses and often the types of jobs or the applicant qualifications had only a remote relation to the companies core business.
These LCs represent a huge headache for the SWAs who had no resources to deal with them. Now that many of them are in the I140/I485 pipeline, they clog up the system at that level. There are many 'ability to pay' and 'successor in interest' issues. Many times, the LC was filed by a company different from the one the 245i beneficiary is working for. These are the cases that get RFEs for EVLs and are sent for interviews.
(a guy with an engineering degree sponsored by 'Xangs china wok' as 'specialty cook chinese' but works for the phone company for the past 10 years will receive more scrutiny than a guy sponsored by 'Moes foreign car cure' as 'car mechanic' working for the corp throughout the process.)
Yes, the people who are lucky enough to have a 'smooth' 245i application (few) can sail through without ever stepping into a USCIS office (other than the ASC for FP and biometrics).
These LCs represent a huge headache for the SWAs who had no resources to deal with them. Now that many of them are in the I140/I485 pipeline, they clog up the system at that level. There are many 'ability to pay' and 'successor in interest' issues. Many times, the LC was filed by a company different from the one the 245i beneficiary is working for. These are the cases that get RFEs for EVLs and are sent for interviews.
(a guy with an engineering degree sponsored by 'Xangs china wok' as 'specialty cook chinese' but works for the phone company for the past 10 years will receive more scrutiny than a guy sponsored by 'Moes foreign car cure' as 'car mechanic' working for the corp throughout the process.)
Yes, the people who are lucky enough to have a 'smooth' 245i application (few) can sail through without ever stepping into a USCIS office (other than the ASC for FP and biometrics).
Last edited by a moderator:
dcmetro22042
Registered Users (C)
I totally agree with every word of yours! Nothing against the people but I would hate to read about 245i approvals filed along (or even a year before) my case since I have been living legally here and paying taxes and this long wait is what I get...such a screwed up govt policy..all 245i cases should go in a different bucket...not from ours...there should be some demarkation (and respect) for legal aliens...
saras76 said:atllab,
As with any policy there are loopholes in the EB3 category that have been utilized by the 245(i) applicants. A 245(i) applicant with more than 3 years (maybe 5 years,I am not sure) of experience is considered to be a skilled laborer. A lot of the 245(i)s have well over 5 years of experience so they have been thrown in with us. I know this sounds ridiculous but that is what has happened. An irresponsible policy has led to this mess. I have nothing against illegal immigrants but I do blame the US government for mindless policies that have screwed over thousands of law abiding legal immigrants.
The bottom line is that the US goverment stands to gain nothing by granting legal immigrants GCs because they are already collecting taxes from us. Corporations do not want us to get our GCs because they can continue to exploit us. These two factors are working strongly against us. If the government thought that this retrogression will hurt them in anyway would they let it continue this way? They are short sighted and do not realize the damage this is going to do in the long term.
On the flip side, the US government is always in favor of illegal immigrants getting their GCs because they know that very few of them pay taxes and they realize that the only way they can get these people to report their incomes and pay their taxes is by making them PRs so they can get legal SS#s and start paying their taxes. This is why illegal immigrants have the upper hand.
This is not some conspiracy theory, it is the blatant truth. Its high time we see the big picture and act accordingly. We legal immigrants have been naive for way to long.
regards,
saras76