Approved EB3 having Priority Date in 2002,2003

L

laborhope1

Registered Users (C)
As we are hearing that Priority Date of EB3 is going to go back to some time in 2002, we should
track if at all VSC is approving 485's having priority date sometime in 2002,2003 irrespective of notice dates.
 
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Looks like VSC has stopped considering cases having priority date greater than
2001 (for EB-3 ).
In rupnet also you can see approvals having pd's in 2000 or 2001.
 
Looks like VSC has stopped considering cases having priority date greater than 2001 (for EB-3 ).
Click to expand...

How are you concluding this?

Most people in the tracker (http://immigrationportal.com/showthread.php?p=960439#post960439) didn't give their PD but there is at least one recent approval with a 2002 PD in there (usnycus). On rupnet I'm seeing many recent approvals for cases with a 2002 PD from last week's cases (including some from yesterday and today).

I didn't think that the USCIS looked at the PD for cases except where labor substitution was used.

Note that there probably aren't that many people in the system with a PD > 2002 at this point. For most people, if they filed their labor on 01/01/03, they would have probably had to wait until at least mid-2004 to get their LC done and their GC application filed (unless the DOL is a lot faster now than they used to be).

Also, the PD rollback (if it happens) is only going to affect people who were born in India, China and the Philippines (if they filed in EB3 relatively recently). I haven't heard anyone suggest that the priority date could regress into 2002, but I suppose it's possible.

ETA
 
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ETA-GC said:
How are you concluding this?

Most people in the tracker (http://immigrationportal.com/showthread.php?p=960439#post960439) didn't give their PD but there is at least one recent approval with a 2002 PD in there (usnycus). On rupnet I'm seeing many recent approvals for cases with a 2002 PD from last week's cases (including some from yesterday and today).

I didn't think that the USCIS looked at the PD for cases except where labor substitution was used.

Note that there probably aren't that many people in the system with a PD > 2002 at this point. For most people, if they filed their labor on 01/01/03, they would have probably had to wait until at least mid-2004 to get their LC done and their GC application filed (unless the DOL is a lot faster now than they used to be).

Also, the PD rollback (if it happens) is only going to affect people who were born in India, China and the Philippines (if they filed in EB3 relatively recently). I haven't heard anyone suggest that the priority date could regress into 2002, but I suppose it's possible.

ETA
Click to expand...
It is true that there will not be many people in the system with pd <2002,
but there will be many people for the whole of 2002 pd's.
And it's also true that pd rollback
is supposed to be only for India,china and philippines and my post did not specify that.
In my opinion, there seems to be a case to track it.
 
laborhope1 said:
It is true that there will not be many people in the system with pd <2002,
but there will be many people for the whole of 2002 pd's.
Click to expand...

I would disagree with that. I think there are a whole bunch of people in the 2003 tracker whose PD is in 2001 as we all had to wait 2 years to get Labor approved.
 
joyd said:
I would disagree with that. I think there are a whole bunch of people in the 2003 tracker whose PD is in 2001 as we all had to wait 2 years to get Labor approved.
Click to expand...

But there's handful of those in 2003 tracker whose PD are in early and mid 2002 and came from fast processing states.Labor certification took 6mos or less.
 
As I can see, 2003 tracker does not have many PD's. And I see no reason
that there will be only a few people with 2002 pd's(Early 2002 or later 2002).
For a guy having pd jan 2002, even if it takes 18 months in labor process he can apply 485
in july 2003.
 
my prority date is april 2000. Labour substituted case. My 485 details in my signature.
Waiting for approval...????
 
joyd said:
I would disagree with that. I think there are a whole bunch of people in the 2003 tracker whose PD is in 2001 as we all had to wait 2 years to get Labor approved.
Click to expand...

you might be right. Current backlog could be largely attibuted to 245(i) in 2001. those applicants already clear LC and at I140/i485 stage. Unless we have the statistics of those applicants as well as there nationality and category (mostly might be EB3/EB4?) information. It is hard to predict how far the VISA availability (PD) might roll back to. I have no idea what information support the current prediction (roll back to 2002).
 
laborhope1 said:
As I can see, 2003 tracker does not have many PD's. And I see no reason
that there will be only a few people with 2002 pd's(Early 2002 or later 2002).
For a guy having pd jan 2002, even if it takes 18 months in labor process he can apply 485
in july 2003.
Click to expand...

My lawyer took 3 months to file for the GC after the LC was done and my LC took darn close to 21 months.

Still, my point was that people with a PD > 2002 (i.e. 01/01/03 and on) are relatively rare at this point (they've only been showing up since about July 2004 on average) compared to people with a PD <= 2002.

ETA
 
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