EB-3 Priority Date Rollback

T

the

Registered Users (C)
Based on the current assumption that EB-3 priority date is going to slip back as early as Jan.2005, how far back can it slip to?
Also, as my labor application was submitted July 2003 and sent to DOL March 2004, is my i-485 priority date going to be July 2003 or March 2004?
Thanks for the clarification. :confused:
 
What is the cutoff date right now?.

People are saying about the priority date ...what is the priority date as of today for EB3.......they say its current and it going to cut off soon......

Here is a situation....
The CA guys got the GC processed from the 90 days i-140/485 adjucation....say they applied in eb3 in 2003jan andgot thier GC in agu2004....now if the cutoff date is announced as oct2002....would theier GC be taken back?...how does this work?
 
Once approved, GC won't be taken back. Regarding question about PD, check following thread:

http://boards.immigrationportal.com/showthread.php?t=143292


pani_6 said:
People are saying about the priority date ...what is the priority date as of today for EB3.......they say its current and it going to cut off soon......

Here is a situation....
The CA guys got the GC processed from the 90 days i-140/485 adjucation....say they applied in eb3 in 2003jan andgot thier GC in agu2004....now if the cutoff date is announced as oct2002....would theier GC be taken back?...how does this work?
Click to expand...
 
Good info from Immigration-law.com

Retrogression of Visa Numbers and Effect of Pending I-485 and Ancillary Applications of EAD/Advance Parole

Obviously when the visa number retrogresses, question arises with respect to the pending I-485 application and eligibility for EAD and Advance Parole during the period of the visa number unavailabity. This is a policy issue rather than a legal issue.
Traditionally, the legacy INS held in abeyance pending I-485 applications during the period of visa number unavailabity and the status of the 485 applicants were deemed in status pending availability of the visa numbers and the subsequent adjudication of I-485 application. During such period, the legacy INS also exercised discretion and issued EAD and Advance Parole and extension of EAD and Advance Parole. It is likely that the USCIS may retain such policy if the visa numbers retrogress next year.
When visa number retrogresses, the consular processing of immigrant visa is riskier than I-485 option in that neither EAD nor Advance Parole will be available during the period of visa number unavailable when one opts for the consular processing, while in the I-485 option, the alien will be able to keep obtaining and extending EAD.


Substitution of Labor Certification Beneficiary Alien and Priority Date

Potential retrogression of the visa numbers in January 2005 brings back the issue of priority date on the spotlight. Under the immigration rule, the alien beneficiary "retains" the priority date once the labor certification is approved "and" I-140 petition is approved. Accordingly, unless the I-140 is revoked or the labor certification application is revoked, this specific alien retains the priority date established by the labor certification application. The same alien thus retains the priority date even if the alien starts a new labor certification application with the same employer or another employer. The concept of priority date is thus "alien-based" and the specific alien carries with him or her the priority date.
The priority date is not only "alien-based" but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date. Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien.
 
INS discretion

"During such period, the legacy INS also exercised discretion and issued EAD and Advance Parole and extension of EAD and Advance Parole. It is likely that the USCIS may retain such policy if the visa numbers retrogress next year. "

Even this is true, will INS' discretion be based on the approval of I-140?
In other words, EAD and AP might be issued (based on INS' discretion) only after i-140 is approved. Because the issue is, right now if you file both concurrently, you can get the EAD and AP even before i-140 is approved. :confused:
 
See Inline....

the said:
"During such period, the legacy INS also exercised discretion and issued EAD and Advance Parole and extension of EAD and Advance Parole. It is likely that the USCIS may retain such policy if the visa numbers retrogress next year. "

Even this is true, will INS' discretion be based on the approval of I-140?
... No. It will only after filling I-485.
In other words, EAD and AP might be issued (based on INS' discretion) only after i-140 is approved. Because the issue is, right now if you file both concurrently, you can get the EAD and AP even before i-140 is approved. :confused:
Click to expand...
 
Immigration-law.com's comment is real interesting as I have never heard about getting EAD and AP before visa number being current and filing for I-485.
Has anybody else heard anything about this? Wish the comment is true even though I highly doubt it. :eek: :eek:
 
Quoted paragraph is only applicable to individuals who are in AOS status i.e. pending I-485.

the said:
Immigration-law.com's comment is real interesting as I have never heard about getting EAD and AP before visa number being current and filing for I-485.
Has anybody else heard anything about this? Wish the comment is true even though I highly doubt it. :eek: :eek:
Click to expand...
 
thanks, usnycus! i should have read the article more carefully next time.
one more question though, my initial labor was submitted march 2003 and then my lawyer withdrew the case and then resubmitted it in july 2003. it was sent to DOL march 2004. so what should my priority date be when dealing with 140 and 485?
thanks for the info.
 
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