EB2 not retrogressing in Sept!!!!!
- Thread starter cabal
- Start date
fast_track
Registered Users (C)
September visa Bulletin
This was published in the latest Visa bulletin yesterday - September 2005 bulletin.
Please post your comments about what impact it will have on the GC processing
Thanks
D. EMPLOYMENT VISA AVAILABILITY DURING FY-2006
The backlog reduction efforts of both Citizenship and Immigration Services, and the Department of Labor continue to result in very heavy demand for Employment-based numbers. It is anticipated that the amount of such cases will be sufficient to use all available numbers in many categories. As a result cut-off dates in the Employment Third preferency category will apply to the China, India, and Philippines chargeabilities beginning in October, and it is possible that Mexico may be added to this list. In addition, it is anticipated that heavy demand will require the establishment of a Third preference cut-off date on a Worldwide basis by December.
The amount of Employment demand for applicants from China and India is also likely to result in the oversubcription of the Employment First and Second preference categories for those chargeability areas. The establishment of such cut-off dates is expected to occur no later than December.
The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date meovements are likely to be slow.
E. DETERMINATION OF THE FY-2005 NUMERICAL LIMITS AS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by the Citizenship and Immigration Service (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. On July 27th, CIS provided the required data to VO.
The Department of State has determined the family and employment preference numerical limits for FY-2005 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2005 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 148,449
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2005 the per-country limit is 26,211. The dependent area annual limit is 2%, or 7,489.
This was published in the latest Visa bulletin yesterday - September 2005 bulletin.
Please post your comments about what impact it will have on the GC processing
Thanks
D. EMPLOYMENT VISA AVAILABILITY DURING FY-2006
The backlog reduction efforts of both Citizenship and Immigration Services, and the Department of Labor continue to result in very heavy demand for Employment-based numbers. It is anticipated that the amount of such cases will be sufficient to use all available numbers in many categories. As a result cut-off dates in the Employment Third preferency category will apply to the China, India, and Philippines chargeabilities beginning in October, and it is possible that Mexico may be added to this list. In addition, it is anticipated that heavy demand will require the establishment of a Third preference cut-off date on a Worldwide basis by December.
The amount of Employment demand for applicants from China and India is also likely to result in the oversubcription of the Employment First and Second preference categories for those chargeability areas. The establishment of such cut-off dates is expected to occur no later than December.
The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date meovements are likely to be slow.
E. DETERMINATION OF THE FY-2005 NUMERICAL LIMITS AS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by the Citizenship and Immigration Service (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. On July 27th, CIS provided the required data to VO.
The Department of State has determined the family and employment preference numerical limits for FY-2005 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2005 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 148,449
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2005 the per-country limit is 26,211. The dependent area annual limit is 2%, or 7,489.
shesharo12
Registered Users (C)
NO retrogression for EB2 in SEP 2005
EB2 is not retrogressed in sep 2005
. Please check the DOS URL here
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2616.html
EB2 is not retrogressed in sep 2005
. Please check the DOS URL here http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2616.html
great guru
Volunteer Moderator
Anjey said:
Flip side is , it is going to retrogress Dec 2005.
What will happen to NEW PERM cases? you can able to file your I 485, but approval will be only after older LC people approval. (Converted PERM with PD will get their approval first though their PERM approval may be delayed little, but get their I 485 early approval )
Guru,
I didnot quite follow what you said (i nearly had a heartattack).
Are you saying that even if the new perm approval cases file 2nd and 3 rd stage concurrently in say October or November, these cases would be in pending till the BEC cases are approved?
Could you please elaborate.
Thank you,
Phps01.
I didnot quite follow what you said (i nearly had a heartattack).
Are you saying that even if the new perm approval cases file 2nd and 3 rd stage concurrently in say October or November, these cases would be in pending till the BEC cases are approved?
Could you please elaborate.
Thank you,
Phps01.
shesharo12
Registered Users (C)
EB2 retrogression possible later half of FY2006
EB2 retrogression is possible for India and China later half of FY2006. That is somewhere in MARCH/APRIL 2006.
Even it may retrogress earlier than that, because more PERM are comming in. So the possiblity is there.
EB2 retrogression is possible for India and China later half of FY2006. That is somewhere in MARCH/APRIL 2006.
Even it may retrogress earlier than that, because more PERM are comming in. So the possiblity is there.
great guru
Volunteer Moderator
phps01 said:
Getting EAD
I thought you would get EAD only after applying for I-485.
Please correct me if I'm wrong. Also if you can point me to USCIS link on this, that would be great.
PS: In case you get EAD after getting your I-140 approved (without filing for I-485), can you switch employer? I believe you could switch emplyer only after applying for I-485 and it is pending for more than 6 months.
I thought you would get EAD only after applying for I-485.
Please correct me if I'm wrong. Also if you can point me to USCIS link on this, that would be great.
PS: In case you get EAD after getting your I-140 approved (without filing for I-485), can you switch employer? I believe you could switch emplyer only after applying for I-485 and it is pending for more than 6 months.
So, you can get the EAD after applying for I-485, if and only if there are visa numbers available correct? Or do you get EAD solely after filing I-485, irrespective of EB-2 retrogression? This is a very important question!
For many people the problem is that their spouses may not be working they're on an H-4 visa, so having the EAD is very critical to move on with their careers. I guess from that point the waiting period until you get the GC is much more "bearable"...
Thanks!
For many people the problem is that their spouses may not be working they're on an H-4 visa, so having the EAD is very critical to move on with their careers. I guess from that point the waiting period until you get the GC is much more "bearable"...
Thanks!
great guru
Volunteer Moderator
acgv said:
Three scenarios
1. Eb2 dates are current you apply I 140, 485 EAD etc
after 2 months EB2 date retrogress to 2 years. Still you will get your I 140 approval and EAD but not 485 approval. 485 approval done once your PD is current.
2. If the Eb2 dates are current through out you will get EAD later I 485 approval too.
3. If the dates are not current you can apply only I 140 - no EAD, I 485 at all until the your PD is current
You are even only allowed to file I-485 if visa numbers are current - therefore no I-485 and no EAD!acgv said:
Indeed - that's why H-1B holders are upset> With PERM you'll see a lot of people now waiting after I-140 approval because they cannot file I-485 and get no EAD. Yes they can extend even in 3 year increments but if they get laid off there's no AC-21 to rescue them since that requires 180+ days after filing of I-485 and their spouses cannot work all the while either....US immigration will be even more frsutrating than it is now.acgv said:
WhyThisDelay
Registered Users (C)
I totally agree with you on the frustration part.
I think they should have allowed people to file I485 and then wait for their turn in the queue. It could take 3-4 years for it to be processed (based on available visa numbers) but at least you get EAD.
I think they should have allowed people to file I485 and then wait for their turn in the queue. It could take 3-4 years for it to be processed (based on available visa numbers) but at least you get EAD.
gc_2006 said:
It's an interesting thought that family members of I-485 applicants be allowed to work, irrespective of retrogression... Does anyone know if this is something that has been proposed as a legislation change? Would the I-485 forum have anything in that regard? I guess I'll have to do some research there... Any thoughts are appreciated...
Thanks!
Thanks!
zoid said:
No no no.
It depends on the status he is in now!
First he gets the EAD only IF HE APPLIES FOR IT!
He has to apply on I-765. Otherwise he won't get anything.
Then, after he receives EAD he can do whatever he wants.
He can work for whoever and wherever.
The problem is when the I485 is denied - his status goes back to his current status - and if he was on an H1B - he should still be working for that employer to maintain his status.
That's how I understand that.
It is my private opinion and I am not a lawyer nor a legal expert.
Last edited by a moderator:
This is almost correct.
The problem arrises that after working on EAD the H-1B status is deemed abandoned and you cannot go back. EAD should only be used if there is no other choice (H-1B running out) or you are 'sure' that you will get your GC.
So, if EAD was used and then I-485 is denied you are out of luck.
The problem arrises that after working on EAD the H-1B status is deemed abandoned and you cannot go back. EAD should only be used if there is no other choice (H-1B running out) or you are 'sure' that you will get your GC.
So, if EAD was used and then I-485 is denied you are out of luck.
Anjey said: