DECEMBER VISA BULETIN AND SCH-A Cases

[pmpforgc]

Hi Gurus

Sch-A has been indicated as UNAVAILABLE in DEC. Visa bulletin.

Some of US like me has Approved I-140 in Sch-A CatII ( ADV. DEGREE EXCEPTIONAL ABILITY ALIEN).

what happend to my I-485 which now pending at TSC? Does it goes to EB-2 or EB-3 and how it will be processed?

Does it will be according to Country qouta or else?

thanks for experienced input

 

[TheRealCanadian]

Sch-A has been indicated as UNAVAILABLE in DEC. Visa bulletin. Some of US like me has Approved I-140 in Sch-A CatII ( ADV. DEGREE EXCEPTIONAL ABILITY ALIEN). what happend to my I-485 which now pending at TSC? Does it goes to EB-2 or EB-3 and how it will be processed?

Schedule-A in the visa bulletin refers to EB3 Schedule-A occupations like Nurses and Physical Therapists that are LC-exempt. It doesn't affect you.

 

[pmpforgc]

Real Canadian -More explanation will help

Schedule-A in the visa bulletin refers to EB3 Schedule-A occupations like Nurses and Physical Therapists that are LC-exempt. It doesn't affect you.

Dear Real Canadian

thanks for your response.

My Case was filed as SCH-A but EB-2.

So do you mean that retrogession will not Affect SCH-A EB-2 cases?

than from What categorey they will get visa numbers ? and which dates we have to look in Visa bulltein to know about processing of such cases?

your detailed reply will help.

Thanks

 

[TheRealCanadian]

My Case was filed as SCH-A but EB-2.So do you mean that retrogession will not Affect SCH-A EB-2 cases?

There is no such thing as a "Schedule A" EB2 case. You are NOT Schedule A, so don't worry about it.

than from What categorey they will get visa numbers ? and which dates we have to look in Visa bulltein to know about processing of such cases?

They'll take them out of EB3, just like they did before the dedicated 50,000 Schedule A numbers were assigned.

 

[nelsona]

There is no such thing as a "Schedule A" EB2 case.

This is not true.

Many EB2 can be also classified as Schedule A. Schedule A refers to the labor designation allowing for one to avoid labor certification. This applies equally to EB2 and EB3.

All schedule A's that were EB3 went through the 50K recaptures, since Eb3 was universally retrogressed when this category came about.

However, any Eb2's that were also schedule A, were first considered under thier EB2 category, and, only if their category was retrogressed, were theuy given a Sched A number. This applied particularly to Indians and Chinese, throughout FY2006, and now only to Indians.


Many states, for example, require PTs to have masters, thus EB2 is a valid category for such ones.

Even the december bulletin states that Schedule A could have come from EB1 EB2 or EB3.

If EB2 is retrogressed, like for India, then the use of all outstanding Sched. A numbers (which were recaptured from previous years, not taken from the EB3 quota) does indeed affect your petition. If you are RoW however, your petition will continue as before, as it was not really part of the Sched. A since your category was not retrogressed.