EB2 question

[MyEB1_2006]

My EB2 application was recently approved (June 2008). The EB2 PD is June 2006 and my priority date is Aug 27, 2008

Would anyone know when i should expect my date to be current, any guesses?

S

 

[whitemimauz3]

MyEB1_2006
Starting Aug 1 2008 India/China born EB2 people who's priority date is June 1 2006 or earlier can file I-485 and whose I-485 was pending since long time would be actively processed to be adjudicated (green card).From Octber 1 2008 new fiscal year would start, where employment based immigrant visas
(2009) would open, watch for dates, if it is current or past your priority date then you can file I-485

 

[abhuda]

whitemimauz3,
You wrote: whose I-485 was pending since long time would be actively processed to be adjudicated (green card). Have you any reference (USCIS) for it.

Do you mean that:

A. applicant having filed concurrently (I140 and I485) in 9/2005 (PD 9/2005) having I 485 pending for about 3 years will be prefered for adjudication as compared to.......

B. Having PD of 2003-2004 but filed I 485 in July fiasco ( July 2007).

 

[whitemimauz3]

abhuda
Labor Certification priority date is what drives I-485, If an individual's priority date is current, fulfilling all requirements of labor certification/I-140, satisfying all requirements of I-485 (background check, etc) then of course I-485 will and have to be approved. The cases (I-485) which have not cleared have issues, either with job opportunity or background check, ability to pay, etc due to which it is struck.

 

[tusharvk]

Well, there is one more VB for FY'08 viz sep'08 VB.
It is an interesting question by OP. Unfortunately, nobody can make guesses to this effect. I have been trying to talk to attorneys to get an answer. Here is my theory:
For FY'08, at one point EB2 IN had become U. Then it was decided for some reason to have EB2ROW overflow go to EB2IN\CHI. This latter is the reason why EB2IN\CHI have moved in tandem for the past few months. I do not know why EB2ROW was not allowed to overflow to EB3ROW. This did happen in FY07; however, not this year in 08.
It would take some number crunching. It does appear that there are too many GCs left to be used; hence, between July'08->Aug'08, the PD for EB2IN\CHI had to be jumped by more than 3 years fwd. Now, if someone knows how many numbers are left to be used in EB2 (overall), and knows how many have been getting used every month, it would be easy to make predictions regarding where EB2 PD would be for the last month of this FY08.
However, there are other factors at play and prediction is perhaps a waste of time.

abhuda
Labor Certification priority date is what drives I-485, If an individual's priority date is current, fulfilling all requirements of labor certification/I-140, satisfying all requirements of I-485 (background check, etc) then of course I-485 will and have to be approved. The cases (I-485) which have not cleared have issues, either with job opportunity or background check, ability to pay, etc due to which it is struck.

 

[manwithnoname]

Till last year the EB2 excesses were moved to EB3, if there were excess then it was moved to EB4 and so on. However, this year the EB2 excesses were made available within the category.

 

[tusharvk]

Till last year the EB2 excesses were moved to EB3, if there were excess then it was moved to EB4 and so on. However, this year the EB2 excesses were made available within the category.

yes; they were. The question is why.

 

[byThorbyOdin]

yes; they were. The question is why.

Here's why... (from the July bulletin) - they simply re-interpreted the rules...

E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.

 

[tusharvk]

Thank you. Atlast explanation was found.
What abt Eb1 though? Do they expect all EB1 numbers to get used up? By now excess should have been allowed to spill over within the same chargability area and EB3 row should have gotten some relief. Further murthy's explanation is not cited to VB (they say that reason was given...but where exactly do I find this explanation; is this just something that murthy reasons)?
Come september, it would be interesting to monitor if the dates in EB3 go fwd or become available.

Here's why... (from the July bulletin) - they simply re-interpreted the rules...

E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.