SlipperyGC
Registered Users (C)
GCHell
I think I know you! Come to my office on Monday and ill tell you the answer.
I think I know you! Come to my office on Monday and ill tell you the answer.
EB2 retrogression
- Thread starter iplayfun
- Start date
chatterjee
Registered Users (C)
GURUs pls enlighten me... will EB2 Retrogress apply to NIW category as well? Isn't it contrary to the interest of the nation to hold back NIW candidates? ...
great guru
Volunteer Moderator
chatterjee said:
If you come under EB2 NIW , probably yes.
Nowadays too many NIW, so US take their quota every year. They do not want NIW more than quota.
PERM believer
Registered Users (C)
Not till December
EB2 is projected to retrogress in december.
But for now - the field is officially open for 140/485/ead/ap till Sep end.
EB2 is projected to retrogress in december.
But for now - the field is officially open for 140/485/ead/ap till Sep end.
mroncesvalles
Registered Users (C)
positive thinking
I think EB2 will not retrogress soon. EB2 and EB3 had remained current for a long time and most cases I believe were filed under EB3 even though they qulaify for EB2 since EB3 is much simpler and most salary range fall into this category. But since EB3 is now unavailable, people are finding ways to change into EB2. I think its already a race between EB2 PERM filers.
I think EB2 will not retrogress soon. EB2 and EB3 had remained current for a long time and most cases I believe were filed under EB3 even though they qulaify for EB2 since EB3 is much simpler and most salary range fall into this category. But since EB3 is now unavailable, people are finding ways to change into EB2. I think its already a race between EB2 PERM filers.
great guru
Volunteer Moderator
cnu_28 said:
Sep Visa bulletin indicates EB2 will not retrogress until Dec 2005
Looks like EB2 can retrogress anytime from now till Dec 2005, but no later than Dec 2005.
Thats what the VISA bulletin says. This means it cud happen anytime between now and Dec 2005...Thats scary....
I think the State Department needs to move its ass and do some work
Thats what the VISA bulletin says. This means it cud happen anytime between now and Dec 2005...Thats scary....
I think the State Department needs to move its ass and do some work
anyone knows how eb2 retrogression will be in post-perm world? perm lc is quite fast. so, one can file eb2 perm and go towards i140\i485 by dec'05 (if dec'05 is when dos announces that eb2 has retrogressed to jan'05). so people with pd before jan'05 can only apply for i485. but with perm someone with pd around august'05 may have already applied for i140\485 before the announcement was made in dec'05. what happens to those people? do they wait for six months and get EAD?
tusharvk said:
Retrogression will not effect the EAD approvals and renewals.
As long as your 485 is Filed and pending your can get your EAD's and Advance Parole.
Only problem is when the dates are retrogressed and you were not even able to file the 485 in time.
neocor
great guru
Volunteer Moderator
tusharvk said:
If you file I 140/485 now and the date retrogress later, you will get your EAD and advance parole, and keep renewing it until your dates are current and I 485 get approved. (It may take some time 2-3 years before you get your GC)
EB2 retrogression - why?
I am deeply suspicious of this myth being propagated by DOS. My reasons are here:
Year ---- Number of EB2 485+CP
2004 ---- 32,534
2003 ---- 15,459
2002 ---- 44,468
http://uscis.gov/graphics/shared/statistics/publications/FlowReportLegalPermResidents2004.pdf
Or http://uscis.gov/graphics/shared/statistics/yearbook/index.htm
When they have 40,000 EB2 visas, and only once they have exceeded this number in the last three years, and also when they are aware that every year a few thousands unused visas spill over from EB1 to EB2, predicting a regression so early in the game makes me all the more suspicious (Stats of earlier years are not really helpful, even if you bother to pullup, because, the 7% capping was more rigorous).
When the BECs are yet to get their acts together (and yet to approve tons of pending labor), this scare tactic is I believe only to hurt Indians and Chinese. I am sure they will also come up with ingenious ways to implement the 7% cap.
A trivial query against the databse of USCIS will give how many EB2 applications are on their database pending approvals, whereas DOS creates suspiciuos 'projected demands'. Yes, there would always be new applications coming in with older priority dates. So, should they keep hoarding the unused numbers to use for them and deny/delay everyone in the process?
In the Jan 2005 Visa bulletin, DOS had indicated the availability of 101,000 visas re-captured from 1999-2000 for use in the last quarter, if the annual quota got exhausted. It was lost in transit!!
I believe this is yet another dumb door slamming effort. Without some insider info, we need to wait a year to see how (or did they?) screwed up FY2005.
I welcome your contrary views!
H
I am deeply suspicious of this myth being propagated by DOS. My reasons are here:
Year ---- Number of EB2 485+CP
2004 ---- 32,534
2003 ---- 15,459
2002 ---- 44,468
http://uscis.gov/graphics/shared/statistics/publications/FlowReportLegalPermResidents2004.pdf
Or http://uscis.gov/graphics/shared/statistics/yearbook/index.htm
When they have 40,000 EB2 visas, and only once they have exceeded this number in the last three years, and also when they are aware that every year a few thousands unused visas spill over from EB1 to EB2, predicting a regression so early in the game makes me all the more suspicious (Stats of earlier years are not really helpful, even if you bother to pullup, because, the 7% capping was more rigorous).
When the BECs are yet to get their acts together (and yet to approve tons of pending labor), this scare tactic is I believe only to hurt Indians and Chinese. I am sure they will also come up with ingenious ways to implement the 7% cap.
A trivial query against the databse of USCIS will give how many EB2 applications are on their database pending approvals, whereas DOS creates suspiciuos 'projected demands'. Yes, there would always be new applications coming in with older priority dates. So, should they keep hoarding the unused numbers to use for them and deny/delay everyone in the process?
In the Jan 2005 Visa bulletin, DOS had indicated the availability of 101,000 visas re-captured from 1999-2000 for use in the last quarter, if the annual quota got exhausted. It was lost in transit!!
I believe this is yet another dumb door slamming effort. Without some insider info, we need to wait a year to see how (or did they?) screwed up FY2005.
I welcome your contrary views!
H
great guru said:
this is very strange. people in BEC waiting for LC to get cleared with older PD will not even be able to file I485 because they did not get certified before retrogression occurred. and those who did perm and have newer pd's will be able to file i485 because their lc got cleared faster.
Perm and EAD
Hi All.
If I apply to Perm (EB3) and say my LC gets cleared, can I apply for I140/485 right away (considering EB3 retrogression). How long do I have to wait for getting EAD (approximately)?
Did anyone from CA get their perm certified recently?
Thanks.
Hi All.
If I apply to Perm (EB3) and say my LC gets cleared, can I apply for I140/485 right away (considering EB3 retrogression). How long do I have to wait for getting EAD (approximately)?
Did anyone from CA get their perm certified recently?
Thanks.
I am Indian but born in Zambia....plz read
We r new in this area and have a few questions:
1) My husband is planning to start the filing process. Can we file on the basis of zambia?
2) If yes, are the dates for zambia retrogressed too? We are planning to file under EB2 category.
3) Do we need the birth certificate for PERM too?
4) I dont have my name on the birth certficate since it was issued by the hospital in zambia the day I was born and my parents did not decide the name at that time. What should I do about that?
Thanks. Plz answer. We know almost nothing.
We r new in this area and have a few questions:
1) My husband is planning to start the filing process. Can we file on the basis of zambia?
2) If yes, are the dates for zambia retrogressed too? We are planning to file under EB2 category.
3) Do we need the birth certificate for PERM too?
4) I dont have my name on the birth certficate since it was issued by the hospital in zambia the day I was born and my parents did not decide the name at that time. What should I do about that?
Thanks. Plz answer. We know almost nothing.
Why not? Looks like there's no problem with Zambia.lona1977 said:
EB-2 is fine for worldwide (incl. Zambia) for the near future.lona1977 said:
Not for PERM but for I-140/I-485 filinglona1977 said:
Can you get updated one from Zambia embassy in the US?lona1977 said:
thanks for the reply gc. Well I am not sure about getting the birth certificate updated from the embassy. I dont know where it is and was wondering if I could get through without getting into any hassles. My passport has my place of birth mentioned. Does that help? The birth certificate has my parents full names. The time and date of birth which is also on my passport. So doesnt that become the update for it?
Please reply.
Thanks
Please reply.
Thanks
WhyThisDelay
Registered Users (C)
Hi Lona1977.
You do not need to go to embassy, if you dont have your name at the time of birth. I believe that most of the people (at least desis
) do not have their names on their birth certificate. You need to get 2 affidavits on a stamp paper who were at least 10 years of age at the time you were born. This question has been answered at murthy.com faq and I personally know one of my friends who have done that.
Also I read somewhere on the same site that passport/ class 10/12 certificates for evidence of birth date are only considered secondary evidences and can be rejected. So make sure with your attorney, before you try to use passport DOB as an evidence in lieu of birth certificate/affidavits.
Here is the excerpt from murthy.com faq :
Question 5. What can I do if I am unable to get a copy of the requested birth (or marriage) certificate? TOP
Birth Certificate & adoption : Affidavits are considered secondary evidentiary sources and can be rejected unless the Official in the foreign country explains why there is no birth record. Child for adoption (other than those meeting the INS definition of "orphan") should be under 16 with 2 years of legal custody and reside with adoptive parents for 2 years. Birth Certificate : Usually an affidavits from people present at the birth may be a substitute to the original birth certificate only after showing that the original has been destroyed or is unavailable. If the people writing the affidavits know that the birth was not reported to any civil or religious authority, they can state that in the affidavit. In addition to the affidavits, you should also present a certificate of non-availability from the local authorities and/or anything else available, such as school-leaving certificate, doctor or midwife certificate, etc.
For India, acceptable birth certifications are (per an answer posted by one of the India D subscribers):
1. A birth certificate from Panchayat, Municipality, Corporation (This should be from the same place that is shown in the 'Place of Birth' column in your passport). OR, All of the following: 1. A certificate from the Panchayat, Municipality, Corporation that the birth is not registered.
2. Two affidavits on revenue stamped papers from any two persons (including, but not necessarily, from parents) that have knowledge of the birth. These affidavits should be notarized. The above procedure is good for marriage certificates as well.
You do not need to go to embassy, if you dont have your name at the time of birth. I believe that most of the people (at least desis
) do not have their names on their birth certificate. You need to get 2 affidavits on a stamp paper who were at least 10 years of age at the time you were born. This question has been answered at murthy.com faq and I personally know one of my friends who have done that.Also I read somewhere on the same site that passport/ class 10/12 certificates for evidence of birth date are only considered secondary evidences and can be rejected. So make sure with your attorney, before you try to use passport DOB as an evidence in lieu of birth certificate/affidavits.
Here is the excerpt from murthy.com faq :
Question 5. What can I do if I am unable to get a copy of the requested birth (or marriage) certificate? TOP
Birth Certificate & adoption : Affidavits are considered secondary evidentiary sources and can be rejected unless the Official in the foreign country explains why there is no birth record. Child for adoption (other than those meeting the INS definition of "orphan") should be under 16 with 2 years of legal custody and reside with adoptive parents for 2 years. Birth Certificate : Usually an affidavits from people present at the birth may be a substitute to the original birth certificate only after showing that the original has been destroyed or is unavailable. If the people writing the affidavits know that the birth was not reported to any civil or religious authority, they can state that in the affidavit. In addition to the affidavits, you should also present a certificate of non-availability from the local authorities and/or anything else available, such as school-leaving certificate, doctor or midwife certificate, etc.
For India, acceptable birth certifications are (per an answer posted by one of the India D subscribers):
1. A birth certificate from Panchayat, Municipality, Corporation (This should be from the same place that is shown in the 'Place of Birth' column in your passport). OR, All of the following: 1. A certificate from the Panchayat, Municipality, Corporation that the birth is not registered.
2. Two affidavits on revenue stamped papers from any two persons (including, but not necessarily, from parents) that have knowledge of the birth. These affidavits should be notarized. The above procedure is good for marriage certificates as well.
lona1977 said:
Last edited by a moderator:
Thanks a lot for the info 'why this delay'..( I like your user name )
I want some clarifications here:
* You mentioned to get Two affidavits on revenue stamped papers from any two persons (including, but not necessarily, from parents) that have knowledge of the birth. These affidavits should be notarized.Can I get these from India without my being there? Coz my parents are in India and they have the birth certificate right now. So can they prepare these affidavits and send them to me?
*Can both of them be from my parents only...mom and Dad? Or it has to be someone other than them too?
thanks a lot
)I want some clarifications here:
* You mentioned to get Two affidavits on revenue stamped papers from any two persons (including, but not necessarily, from parents) that have knowledge of the birth. These affidavits should be notarized.Can I get these from India without my being there? Coz my parents are in India and they have the birth certificate right now. So can they prepare these affidavits and send them to me?
*Can both of them be from my parents only...mom and Dad? Or it has to be someone other than them too?
thanks a lot