December'04 visa bulletin and retrogression

K

kashish

Registered Users (C)
December visa bulletin is out, below is an excerpt on EB visa retrogression:

EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY IN JANUARY
In recent months we have been experiencing very heavy applicant demand in the Employment categories as the Citizenship and Immigration Service has begun to address their backlog of cases. Section 201(a)(2) of the Immigration and Nationality Act states that not more than twenty-seven percent of the Employment annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand it is likely that we will exceed twenty-seven percent of annual limit during the first quarter of FY-2005. Therefore, it may be necessary to impose an Employment Third preference cut-off date for January, to limit number use during the second quarter. At this time it is not possible to offer any estimate regarding what that cut-off date might be, but it is likely to apply only to the following chargeability areas: China-mainland born, India, and the Philippines.

Link to the complete bulletin is:
http://www.travel.state.gov/visa/frvi_bulletincurrent.html

Kashish
 
Is that mean: if they stop processing 485 due to visa number limitation, we can't get our 140 approved either because of the 485 issue. So we are in no position of getting anything approved?! Is that the reason they stop or slow down the speed of processing 140? :mad: :mad: :mad:
 
my case got a I-140 RFE on Nov 10- EB3.

do u guys think my case can be affected by the retrogression if a decision on my case is not reached before Jan 2005?
 
Therefore, it may be necessary to impose an Employment Third preference cut-off date for January, to limit number use during the second quarter.

Does this mean that the first quarter will still see approvals after the cutoff date?
 
Can someone in simple words explain , what EB vids retrogression means ??and give an example.

I know many gurus may know this...but i am layman...i need to be spoon-feeded... :p


Tx
 
In simple terms there will be no 485 and possibly 140 approvals if your priority date(date of labor application) is after the cutoff date.
 
MJ23,I have no idea and possibly nobody including your lawyer will.Nothin is for sure,not even the fact that 140 approvals may stop along with 485 approvals.The complete stopping of 140 approvals is also a speculation ,but most likely as they did the same thing to the 130 applications ,that way they will conveniently reduce the backlog.
 
hey all, this issue has been explained in detail on the murthy site. Take a look. As far as I can understand, it appears that the only thing that matters is 485. I dont think this is a function of 140, rfe with, without or anything else. It seems to be only a function of whether or not 485 has been filed and when it was filed. I think its like if not filed, you cannot file it. If it is filed and if it is before current PD, you are fine. If it is filed and is after current PD, the 485 cannot be approved until PD moves after 485 date. Pretty pathetic.
 
bigbadwolf said:
hey all, this issue has been explained in detail on the murthy site. Take a look. As far as I can understand, it appears that the only thing that matters is 485. I dont think this is a function of 140, rfe with, without or anything else. It seems to be only a function of whether or not 485 has been filed and when it was filed. I think its like if not filed, you cannot file it. If it is filed and if it is before current PD, you are fine. If it is filed and is after current PD, the 485 cannot be approved until PD moves after 485 date. Pretty pathetic.
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Ok Gurus,

Whatever said and done, please let me know your answer in just yes or no.
Are these f....s going to process I-140 or no?
I am going to assume approval of I-140 as equivalnet to getting green card.

Thanks

Sadashivepethi.
 
Bigbad,I think 140 came in the picture because they stopped processing of 130's with the logic that since there are no visa numbers and 485 is not going to get approved ,there is no point in approving 130 as that manpower can be sued somewhere else.Also they removed it from backlog.The only fear is that they may apply the same thing to 140's.
 
iknowitall said:
ya thats what i think so too.
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this is true, eb2 will be blocked sooner or later too because DOL will begin removing its backlog soon this means more people will apply for i485 and i140 in a short period. i expect mostly people from india china and philipine and mexico will be most blocked. but i expect that the congress will increase the number of visa numbers simply because i believe that illegal will get work visas to legalize them therefore the adminsitration will be obliged to higher the cap for eb categoruies in order to let those people apply to green card later. soi expect an increase in EB visas numbers. what do u think?
 
antonioa77 said:
this is true, eb2 will be blocked sooner or later too because DOL will begin removing its backlog soon this means more people will apply for i485 and i140 in a short period. i expect mostly people from india china and philipine and mexico will be most blocked. but i expect that the congress will increase the number of visa numbers simply because i believe that illegal will get work visas to legalize them therefore the adminsitration will be obliged to higher the cap for eb categoruies in order to let those people apply to green card later. soi expect an increase in EB visas numbers. what do u think?
Click to expand...

I hope this will happen...but did you hear some info. that makes you think this way?
All that I saw on news is a temporary worker program and a chance to apply for permanent residence, so I guess the aim is to have them compete for the existing unskilled worker catg (i'm assuming thats what majority of them will qualify for). Increasing any green card numbers (familty or employment) is very politically sensitive and risky, so I'm not sure if anything will happen in next few years.
 
Info on Priority Date ????

Both my receipts( 140/485) , have nothing mentioned in the PD field. On what basis do they decide the PD for all applications. All the receipts have PD printed by USCIS ? Can someone help me find this info?
 
A priority date, in an employment-based (EB) case requiring Labor Certification (LC), is the officially acknowledged date that the case was filed at the state level Department of Labor office, referred to as the SESA. If the EB case was filed in a category that does not require labor certification, then the priority date assigned by the INS is the date the I-140 (Immigrant Visa Petition) is received by the INS Service Center.

A person determines when s/he will be able to file for the I-485 by checking the dates each month on the Visa Bulletin chart. Every month, the U.S. Department of State publishes the Visa Bulletin. The Visa Dates indicate whether the dates are current or whether there is a backlog in order to file for the Adjustment of Status or CP.

By law, there is a quota or limit to the number of people who can receive a green card (GC) in a given year. This quota is based both on the employment-based category (EB1, EB2, or EB3, etc.) and on "per country" limits, meaning that every country, no matter how large or how small, is given the same maximum percentage allocation of the worldwide quota. Countries like China and India with large populations are then subject to longer waiting times than a person born in a neighboring country like Pakistan or Nepal. The number of spaces (sometimes referred to as "visa numbers") for a particular country, that are available at any given time, will depend on various factors, for example, how many immigrant visas have been approved at consulates abroad, how many I-485 applications have been approved for persons from that country in the U.S. during the prior month, etc. Such factors determine the movement of priority dates and, in turn, will affect the number of I-485 applications that can be filed during the following month after the priority dates are released.

If the Visa Bulletin chart states "C" for a given category and country, that indicates that the numbers are current in the specific employment-based category, whether EB1, EB2, or EB3, and that there is no waiting period for filing the I-485 application. If the numbers are backlogged as indicated on the Visa Bulletin, there will be a date (sometimes called a "cut-off date") mentioned. If the Priority Date is BEFORE the date indicated, then the foreign national is eligible to file the I-485 application for adjustment of status during the particular month when the dates are current.
 
so fi my labor was filed in SESA on June 2001 then my PD is June 2001, my LC with Regional was filed on Aug 2002 and I 485 and I 140 was filed on oct 2003 . In this case what will be my PD. Non of the receipt form shows PD
Thanks
 
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