Dallas Backlog Elimination Center Tracking
- Thread starter gp111
- Start date
WhyThisDelay
Registered Users (C)
Oh God!!!
This sucks more than anything else in this world.
Somebody had rightly remarked earlier - Welcome to the world of modern slavery.
Somebody should bring a lawsuit against Dept of State. Why the hell did the dates become current in 2001 when there were cases from 98 and 99 pending? Why even some people with PD of 2005 (EB2) were allowed to file 485, if they had to move it back to 99?
Speaking in terms of law, if they changed the procedure on how they calculate the current dates - they should have followed Administrative procedures act (APA) and notified folks of change in algorithm in how they calculate these dates.
Can some immigrant friendly law firm like Mr Rajiv Khanna's think about this? At the same time is there anything that we as applicants can do (I guess our employers are fine with this, as we'll be stuck with them for at least half decade)?
This sucks more than anything else in this world.
Somebody had rightly remarked earlier - Welcome to the world of modern slavery.
Somebody should bring a lawsuit against Dept of State. Why the hell did the dates become current in 2001 when there were cases from 98 and 99 pending? Why even some people with PD of 2005 (EB2) were allowed to file 485, if they had to move it back to 99?
Speaking in terms of law, if they changed the procedure on how they calculate the current dates - they should have followed Administrative procedures act (APA) and notified folks of change in algorithm in how they calculate these dates.
Can some immigrant friendly law firm like Mr Rajiv Khanna's think about this? At the same time is there anything that we as applicants can do (I guess our employers are fine with this, as we'll be stuck with them for at least half decade)?
sfmars said:
GC_from_NJ said:Found this post from the PBEC forum:
radd
I called up the US embassy in Manilla office to check on the dates.. and it is authentic. The officer said that the dates were released to them by USCIS..
So, I guess there is no more speculation... you can call to find out too.. Call the no. given in the public affairs section.. it has a extension.. & she will transfer you to the immigrant visa section..
It's just going to be a long.............. wait.. till we get our GC
__________________
radd
VA RIR EB2
PD: 03/2002
RD: 10/2003
45 day letter: 02/2005
Case Status: Final Review
Pretty depressing news...looks like the Oct'05 bulletin published in Manila is true and it is going to be a looooooong wait for all of us.
it official - came in bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html
activex111
Registered Users (C)
What is the dept trying to prove?
I was hoping that the dept is setting up these dates to stop the applications temporarily and get their act together with fifo and then move forward the dates by 2-3 years. But looking at the point above from Visa bulletin, that does not seem to be the case. "Forward movement is limited".. what the heck? they moved the dates back to 7 whopping years and then forward movement is limited? the whole situation is almost hopeless or a conspiracy theory from movies where corporation have this plan to stop employees from changing jobs and stick to one place with min wages.
And as WhyThisDelay correctly pointed, why did they allow thousands of people with PD05 to apply for 485 when we were rotting in BECs?
- Item D in the Visa Bulletin (number 85) announcing the September cut-off dates provided information regarding the prospects of visa availability during the early months of FY-2006. Many categories have become oversubscribed for October, and cut-off dates established due to continued heavy demand for numbers by CIS for adjustment of status cases. Forward movement of the cut-off dates in these categories is likely to be limited.
I was hoping that the dept is setting up these dates to stop the applications temporarily and get their act together with fifo and then move forward the dates by 2-3 years. But looking at the point above from Visa bulletin, that does not seem to be the case. "Forward movement is limited".. what the heck? they moved the dates back to 7 whopping years and then forward movement is limited? the whole situation is almost hopeless or a conspiracy theory from movies where corporation have this plan to stop employees from changing jobs and stick to one place with min wages.
And as WhyThisDelay correctly pointed, why did they allow thousands of people with PD05 to apply for 485 when we were rotting in BECs?
Last edited by a moderator:
GC_from_NJ
Registered Users (C)
This is awesome news !! I am so freaking pissed that I feel like bashing each of the USCIS people who make these ridiculous rules....
I feel like filing a lawsuit against these people...
I feel like filing a lawsuit against these people...
calabor said:
activex111
Registered Users (C)
GC_from_NJ said:This is awesome news !! I am so freaking pissed that I feel like bashing each of the USCIS people who make these ridiculous rules....
I feel like filing a lawsuit against these people...
I almost feel in vain as to why are we even tracking our labor so anxiously now? It has no "real" benefit even we get our labor approved now. if we get it today or few months later, doesn't matter
Just FYI
Cut-off Dates Imposed for China & India in EB-1 and EB-2 Categories,
For All Countries in EB-3 Category
The U.S. Department of State (DOS) issued its monthly Visa Bulletin today, which lists the cut-off dates for beneficiaries of family and employment-based immigrant visa petitions. As of October 1, 2005 (the first day of the 2006 fiscal year), early cut-off dates will be imposed in the first (EB-1) and second (EB-2) employment-based immigrant visa categories for nationals of China and India, and for all countries in the third (EB-3) category. This is the first time in several years that there have been priority date backlogs in the EB-1 and EB-2 categories.
Specifically, the Visa Bulletin lists the following cut-off dates:
EB-1: January 1, 2000 (China); August 1, 2002 (India)
EB-2: May 1, 2000 (China); November 1, 1999 (India)
EB-3: Skilled Workers and Professionals: May 1, 2000 (China); January 1, 1998 (India); January 1, 2001 (Mexico); March 1, 2001 (Philippines); March 1, 2001 (all other countries)
Other Workers: October 1, 2000 (all countries)
Note that there continues to be no cut-off date for that part of the EB-3 category devoted to Schedule A workers (mostly nurses and physical therapists). The complete Visa Bulletin is available on-line at http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html.
As of October 1, 2005, employees from China and India who are the beneficiaries of approved I-140 immigrant worker petitions in the EB-1 and EB-2 categories will only be able to apply for adjustment of status to permanent residence if their priority dates are before the dates listed.
Individuals with approved I-140 petitions in the EB-3 category will temporarily be better off than they have been for several months, since EB-3 visa numbers have been completely unavailable for all countries since June 2005. Beginning in October, employees with priority dates earlier than those listed for their country of birth will be able to submit applications for adjustment of status to permanent residence to U.S. Citizenship and Immigration Services (USCIS). Because the demand for immigrant visas is expected to be high over the coming months, the new cut-off dates may not progress much, or may even retrogress, over the course of FY 2006.
Background
Priority dates are significant because they help the government to regulate demand for immigrant visas. Under U.S. immigration law, there is a limited number of immigrant "visa numbers" available each year for people seeking U.S. permanent residence. These numbers are allocated both to actual immigrant visas issued at U.S. embassies and consulates abroad to people seeking to immigrate to the United States, and to applications for adjustment of status to permanent residence filed by nonimmigrants already present in the United States. No single country's citizens can be awarded more than a statutorily-determined number of immigrant visas in a particular fiscal year. Once all immigrant visas for a certain year have been allocated, the visa category or foreign country in which demand was excessive is considered to be oversubscribed. This is what happened to the EB-3 category in June 2005; the DOS determined that based on the number of visas already issued and the number of applications in the pipeline, the statutory limit on the number of immigrant visas was in danger of being exceeded in the 2005 fiscal year (FY 2005). Therefore, as of July 1, 2005, visas in the EB-3 category were completely unavailable.
Starting back in mid-2001, severe processing backlogs at USCIS and its predecessor agency, the Immigration and Naturalization Service (INS), as well as at the U.S. Department of Labor (DOL), meant that not all of the available employment-based immigrant visa numbers were used each year. Beginning in mid-2005, however, the USCIS began to make headway in clearing out its backlog of cases. Moreover, the DOL's PERM program (which went into effect in March 2005 and replaced the previous labor certification application process) and its own backlog elimination efforts are gradually leading to an increase in the number of I-140 petitions filed by U.S. employers. If these two DOL programs prove to be successful over the long run, the increase in I-140 filings each year could be substantial.
Impact on Foreign Workers
While the new cut-off dates in the EB-3 category represent an improvement over the current situation (where EB-3 immigrant visa numbers are completely unavailable except for Schedule A workers), it means that for many foreign nationals, there may only be a very small window of opportunity during which they will be eligible to apply for adjustment of status to permanent residence; the cut-off dates could retrogress if demand is high. In addition, if the DOS determines that the demand for EB-1 and EB-2 numbers is in danger of exceeding the statutory quota, those cut-off dates could be imposed on other countries in the near future. Some foreign nationals with approved I-140 immigrant petitions may still be precluded from proceeding to the adjustment of status stage, possibly for several years.
Cut-off Dates Imposed for China & India in EB-1 and EB-2 Categories,
For All Countries in EB-3 Category
The U.S. Department of State (DOS) issued its monthly Visa Bulletin today, which lists the cut-off dates for beneficiaries of family and employment-based immigrant visa petitions. As of October 1, 2005 (the first day of the 2006 fiscal year), early cut-off dates will be imposed in the first (EB-1) and second (EB-2) employment-based immigrant visa categories for nationals of China and India, and for all countries in the third (EB-3) category. This is the first time in several years that there have been priority date backlogs in the EB-1 and EB-2 categories.
Specifically, the Visa Bulletin lists the following cut-off dates:
EB-1: January 1, 2000 (China); August 1, 2002 (India)
EB-2: May 1, 2000 (China); November 1, 1999 (India)
EB-3: Skilled Workers and Professionals: May 1, 2000 (China); January 1, 1998 (India); January 1, 2001 (Mexico); March 1, 2001 (Philippines); March 1, 2001 (all other countries)
Other Workers: October 1, 2000 (all countries)
Note that there continues to be no cut-off date for that part of the EB-3 category devoted to Schedule A workers (mostly nurses and physical therapists). The complete Visa Bulletin is available on-line at http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html.
As of October 1, 2005, employees from China and India who are the beneficiaries of approved I-140 immigrant worker petitions in the EB-1 and EB-2 categories will only be able to apply for adjustment of status to permanent residence if their priority dates are before the dates listed.
Individuals with approved I-140 petitions in the EB-3 category will temporarily be better off than they have been for several months, since EB-3 visa numbers have been completely unavailable for all countries since June 2005. Beginning in October, employees with priority dates earlier than those listed for their country of birth will be able to submit applications for adjustment of status to permanent residence to U.S. Citizenship and Immigration Services (USCIS). Because the demand for immigrant visas is expected to be high over the coming months, the new cut-off dates may not progress much, or may even retrogress, over the course of FY 2006.
Background
Priority dates are significant because they help the government to regulate demand for immigrant visas. Under U.S. immigration law, there is a limited number of immigrant "visa numbers" available each year for people seeking U.S. permanent residence. These numbers are allocated both to actual immigrant visas issued at U.S. embassies and consulates abroad to people seeking to immigrate to the United States, and to applications for adjustment of status to permanent residence filed by nonimmigrants already present in the United States. No single country's citizens can be awarded more than a statutorily-determined number of immigrant visas in a particular fiscal year. Once all immigrant visas for a certain year have been allocated, the visa category or foreign country in which demand was excessive is considered to be oversubscribed. This is what happened to the EB-3 category in June 2005; the DOS determined that based on the number of visas already issued and the number of applications in the pipeline, the statutory limit on the number of immigrant visas was in danger of being exceeded in the 2005 fiscal year (FY 2005). Therefore, as of July 1, 2005, visas in the EB-3 category were completely unavailable.
Starting back in mid-2001, severe processing backlogs at USCIS and its predecessor agency, the Immigration and Naturalization Service (INS), as well as at the U.S. Department of Labor (DOL), meant that not all of the available employment-based immigrant visa numbers were used each year. Beginning in mid-2005, however, the USCIS began to make headway in clearing out its backlog of cases. Moreover, the DOL's PERM program (which went into effect in March 2005 and replaced the previous labor certification application process) and its own backlog elimination efforts are gradually leading to an increase in the number of I-140 petitions filed by U.S. employers. If these two DOL programs prove to be successful over the long run, the increase in I-140 filings each year could be substantial.
Impact on Foreign Workers
While the new cut-off dates in the EB-3 category represent an improvement over the current situation (where EB-3 immigrant visa numbers are completely unavailable except for Schedule A workers), it means that for many foreign nationals, there may only be a very small window of opportunity during which they will be eligible to apply for adjustment of status to permanent residence; the cut-off dates could retrogress if demand is high. In addition, if the DOS determines that the demand for EB-1 and EB-2 numbers is in danger of exceeding the statutory quota, those cut-off dates could be imposed on other countries in the near future. Some foreign nationals with approved I-140 immigrant petitions may still be precluded from proceeding to the adjustment of status stage, possibly for several years.
Hurry up and go to Dallas in person! It's worth the trip!
For Indian/Chinese EB2 who had "Certified" or "Final Review" status but are still waiting for the hard copies, I think it's worth it to have a trip to Dallas and wait for the mailing person outside the BEC.
I'm not joking. It will make huge, gigantic differences if you can file your EB2 485 by this month. You can file EAD/AP right away, and AC21 after 6 months to change employers.
For Indian/Chinese EB2 who had "Certified" or "Final Review" status but are still waiting for the hard copies, I think it's worth it to have a trip to Dallas and wait for the mailing person outside the BEC.
I'm not joking. It will make huge, gigantic differences if you can file your EB2 485 by this month. You can file EAD/AP right away, and AC21 after 6 months to change employers.
let's make some noise!!!!
http://travel.state.gov/visa/frvi/b...letin_2631.html
This is much worse than anybody expected but there is a positive spin to it. The retrogression of prirority dates to as far back as 1998 means only one thing, the lawmakers are going to take notice, if all of us start making noises. One thing is for sure, America cannot afford to lose the talent that has come here in last 7 years. If all of us immigrants start making noise, they have to sit up and take notice. So, I request all of you out there to start emailing, faxing, calling your congressman, your senate representative, President, telling them that this is sheer unjustice and urging them to take action immediately.
LET'S MAKE SOME NOISE!!!!
http://travel.state.gov/visa/frvi/b...letin_2631.html
This is much worse than anybody expected but there is a positive spin to it. The retrogression of prirority dates to as far back as 1998 means only one thing, the lawmakers are going to take notice, if all of us start making noises. One thing is for sure, America cannot afford to lose the talent that has come here in last 7 years. If all of us immigrants start making noise, they have to sit up and take notice. So, I request all of you out there to start emailing, faxing, calling your congressman, your senate representative, President, telling them that this is sheer unjustice and urging them to take action immediately.
LET'S MAKE SOME NOISE!!!!
A week off
I am willing to take a vacation off inorder to protest and make the impact ..making noise would not solve the purpose. This is a deliberate attempt to avoid peoples from India , Mexico and Philippines.
THis way we Corporate AMericao will feel the need to solve this issue other wise they do not have any issues instead Corporate America is happy that they are getting a bonded labor (modern day slave ) thru legal means.
I am willing to take a vacation off inorder to protest and make the impact ..making noise would not solve the purpose. This is a deliberate attempt to avoid peoples from India , Mexico and Philippines.
THis way we Corporate AMericao will feel the need to solve this issue other wise they do not have any issues instead Corporate America is happy that they are getting a bonded labor (modern day slave ) thru legal means.
Guys,
There r 2 immigration bills in the congress that r supposed to be discussed this september. Both of them r beneficial to us, though one is far better than the other. I dont know if any of them will be taken up because of the tragedies in the gulf coast, but President Bush is keen on taking up immigration reforms in his second tenure and may actaully ask the congress to pursue these bills inspite of his current approval rating( or so they say).
It would be great if somebody prepares a draft so that we can mail it to our congressmen. If the congress doesnot take action by sep end, we may have to wait until next year (jan 06).
--MC
There r 2 immigration bills in the congress that r supposed to be discussed this september. Both of them r beneficial to us, though one is far better than the other. I dont know if any of them will be taken up because of the tragedies in the gulf coast, but President Bush is keen on taking up immigration reforms in his second tenure and may actaully ask the congress to pursue these bills inspite of his current approval rating( or so they say).
It would be great if somebody prepares a draft so that we can mail it to our congressmen. If the congress doesnot take action by sep end, we may have to wait until next year (jan 06).
--MC
pithoo said:
There is no light at the end of the tunnel
Hi folks
We are doomed to be H1B Slaves for another long many years. Look at the Visa dates:
http://travel.state.gov/visa/frvi/b...letin_2631.html
I can understand the frustration of bachelors, but look at the plight of parents with children nearing 21yrs age. The poor kids have to go through this whole torture and exploitation by employers again.
Is there any thing we can do to get EAD for our spouse and children especially for children nearing age 21?
Hi folks
We are doomed to be H1B Slaves for another long many years. Look at the Visa dates:
http://travel.state.gov/visa/frvi/b...letin_2631.html
I can understand the frustration of bachelors, but look at the plight of parents with children nearing 21yrs age. The poor kids have to go through this whole torture and exploitation by employers again.
Is there any thing we can do to get EAD for our spouse and children especially for children nearing age 21?
Dull in Dallas
Registered Users (C)
Bye Bye
Today marks the 4th year of my stay in US and 3-1/2 years since my RIR process started. If I need to wait another 7 years to get my GC, no point in staying here and jeopardising my career. I think this bulletin makes me think twice now!
Is this worth?
Today marks the 4th year of my stay in US and 3-1/2 years since my RIR process started. If I need to wait another 7 years to get my GC, no point in staying here and jeopardising my career. I think this bulletin makes me think twice now!
Is this worth?
WhyThisDelay
Registered Users (C)
April 03 EB3 vs Oct EB2
Guys.
Amidst all the dimal news and talks today, I wanted to put up my question.
Which one will take lesser # of years (after the last bulletin we should be talking years only) to reach the 485 stage - April 2003 EB3 or October 2005 EB2. I believe that during the years of 2001 - 2004 most of the applications were filed as EB3. So I still think that Oct 2005 EB2 might be better than 2003 EB3.
Any opinions?
Thanks.
Guys.
Amidst all the dimal news and talks today, I wanted to put up my question.
Which one will take lesser # of years (after the last bulletin we should be talking years only) to reach the 485 stage - April 2003 EB3 or October 2005 EB2. I believe that during the years of 2001 - 2004 most of the applications were filed as EB3. So I still think that Oct 2005 EB2 might be better than 2003 EB3.
Any opinions?
Thanks.
yawningyoda
Registered Users (C)
Please advise, Dallas BEC or PERM
Hello All,
I may have a chance of converting my existing labour application to PERM. some details
Filed : May , 2004
Category : Regular
State : WA. It probably queued up in Dallas BEC now.
I do not know the rate of processing for traditional labour cases, so the question.
Any good estimate on how long it might take to get it certified? does it make sense for me to convert to PERM now? what's the experience among PERM filers.
Thanks in advance.
Hello All,
I may have a chance of converting my existing labour application to PERM. some details
Filed : May , 2004
Category : Regular
State : WA. It probably queued up in Dallas BEC now.
I do not know the rate of processing for traditional labour cases, so the question.
Any good estimate on how long it might take to get it certified? does it make sense for me to convert to PERM now? what's the experience among PERM filers.
Thanks in advance.
Immi_Seeker
Registered Users (C)
Let us ditch USA....!!!!
Folks,
It is time to say GoodBye to USA and take our talent off the shores of the USA.
This latest bulletin clearly makes an impression that US bureaucrats do not need skill labor anymore. It is time to move to offshore and take the work offshore too.
It is not worth staying here anymore. I am sure that this bulletin will make more companies to get more aggressive in moving work offshore.
Folks,
It is time to say GoodBye to USA and take our talent off the shores of the USA.
This latest bulletin clearly makes an impression that US bureaucrats do not need skill labor anymore. It is time to move to offshore and take the work offshore too.
It is not worth staying here anymore. I am sure that this bulletin will make more companies to get more aggressive in moving work offshore.