See the news item below.
My interpretation of following is that EB3 and EB4 are likely to become non-current very soon (January 2005), and people have to wait to file the Adjustment of status in these categories unlike today where we can file concurrent 140-485 immediately after Labor is approved.
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http://www.immigration-law.com/
Go to - Breaking News Section
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09/15/2004: State Department Prediction of Cutoff Dates of Employment Based Immigration Priority Dates
· We reported on September 2, 2004 that the employment-based immigration priority dates may experience a set-back sooner or later. The report was based on the State Department forecast in its August 2004 Visa Bulletin. The AILA reports that the upcoming October 2004 Visa Bulletin will carry a State Department prediction that the cutoff date for employment based immigration (EB-3) may come earlier than predicted, as early as January 2005! It is an irony that one group of immigrants have to make other group of immigrants weep to settle down in this country.
09/02/2004: USCIS Backlog Reduction Plan and Its Impact on Immigrant Visa Cut-Off Dates in the Visa Bulletin
· The USCIS has been testing the 90-day I-130/I-485 adjudication for the family-based green card cases and the 90-day I-140/I-485 adjudication for the employment-based green card cases through the so-called Pilot Programs in Dallas and New York for the family cases and California Service Center in the employment-based cases. These Pilot Programs have been undertaken in low key and in silence apparently considering its impact on the November election. Sources indicate that the ongoing Pilot Programs will be wrapped up at the end of September 2004. Evaluation and assessment of the results of the Pilot Programs will obviously dictate the USCIS as to whether it should expand the program nation-wide.
· At this time, the backlog reduction efforts of the USCIS are not too visible even though some local district offices reported the reduction of processing times of the family cases. However, once the backlog reduction plan is in full swing, it will have impact on the progression of the immigrant visa numbers or retrogression of visa numbers in the Visa Bullen. People are reminded the following prediction of the State Department in August 2004 Visa Bulletin: During the past several years, the Citizenship and Immigration Service (CIS) demand for numbers has been low. To compensate for the lack of demand from CIS, the Visa Office advanced the immigrant visa cut-off dates very rapidly to provide sufficient qualified applicants at our overseas posts and permit the maximum use of immigrant visa numbers. Such advances also meant that many thousands of additional applicants became eligible to file for adjustment of status at CIS offices. During recent months, CIS demand for numbers has increased significantly as they have begun to address their backlog situation. This increase in CIS demand for numbers is expected to continue, and immigrant visa cut-off date movement is likely to slow or stop in the Family preference categories. Depending upon the rate at which demand is received, it may become necessary to establish cut-off dates in Employment preference categories.
· Obviously, certain countries will be more vulnerable than other countries when the visa number retrogresses. In the employment-based categories, India and China may be most visibly affected, particularly the EB-3 Skilled Worker Professional or Unskilled Worker classification. Maybe, this is the time for the new employment-based green card applicants to consider the EB-2 options more seriously as by the time they reach the USCIS after completing the labor certification stage, they may face a challenging visa number retrogression or chargeability table coming years ahead.
My interpretation of following is that EB3 and EB4 are likely to become non-current very soon (January 2005), and people have to wait to file the Adjustment of status in these categories unlike today where we can file concurrent 140-485 immediately after Labor is approved.
+++++++++++++++++++++++++++++++++++++++++
http://www.immigration-law.com/
Go to - Breaking News Section
++++++++++++++++++++++++++++++++++++++++++
09/15/2004: State Department Prediction of Cutoff Dates of Employment Based Immigration Priority Dates
· We reported on September 2, 2004 that the employment-based immigration priority dates may experience a set-back sooner or later. The report was based on the State Department forecast in its August 2004 Visa Bulletin. The AILA reports that the upcoming October 2004 Visa Bulletin will carry a State Department prediction that the cutoff date for employment based immigration (EB-3) may come earlier than predicted, as early as January 2005! It is an irony that one group of immigrants have to make other group of immigrants weep to settle down in this country.
09/02/2004: USCIS Backlog Reduction Plan and Its Impact on Immigrant Visa Cut-Off Dates in the Visa Bulletin
· The USCIS has been testing the 90-day I-130/I-485 adjudication for the family-based green card cases and the 90-day I-140/I-485 adjudication for the employment-based green card cases through the so-called Pilot Programs in Dallas and New York for the family cases and California Service Center in the employment-based cases. These Pilot Programs have been undertaken in low key and in silence apparently considering its impact on the November election. Sources indicate that the ongoing Pilot Programs will be wrapped up at the end of September 2004. Evaluation and assessment of the results of the Pilot Programs will obviously dictate the USCIS as to whether it should expand the program nation-wide.
· At this time, the backlog reduction efforts of the USCIS are not too visible even though some local district offices reported the reduction of processing times of the family cases. However, once the backlog reduction plan is in full swing, it will have impact on the progression of the immigrant visa numbers or retrogression of visa numbers in the Visa Bullen. People are reminded the following prediction of the State Department in August 2004 Visa Bulletin: During the past several years, the Citizenship and Immigration Service (CIS) demand for numbers has been low. To compensate for the lack of demand from CIS, the Visa Office advanced the immigrant visa cut-off dates very rapidly to provide sufficient qualified applicants at our overseas posts and permit the maximum use of immigrant visa numbers. Such advances also meant that many thousands of additional applicants became eligible to file for adjustment of status at CIS offices. During recent months, CIS demand for numbers has increased significantly as they have begun to address their backlog situation. This increase in CIS demand for numbers is expected to continue, and immigrant visa cut-off date movement is likely to slow or stop in the Family preference categories. Depending upon the rate at which demand is received, it may become necessary to establish cut-off dates in Employment preference categories.
· Obviously, certain countries will be more vulnerable than other countries when the visa number retrogresses. In the employment-based categories, India and China may be most visibly affected, particularly the EB-3 Skilled Worker Professional or Unskilled Worker classification. Maybe, this is the time for the new employment-based green card applicants to consider the EB-2 options more seriously as by the time they reach the USCIS after completing the labor certification stage, they may face a challenging visa number retrogression or chargeability table coming years ahead.