EB2 Unavailable

[perm_lc]

Too add further, EB1 multinatonal executives was most abused system that resulted in more demand than EB2 in last year. 66k EB1 vs 44k EB2. All due to IT consulting companies/body shoppers. Another scam by thiose companies are LC subsitution. Sponsering H1B/GC is their prime bussiness. I think if DOL/CIS regulates these companies with very strict rules, the retrogression stops.

 

[techy2468]

on another note.....who forces those companies to violate the rules..., ar'nt they one of us.......a GC applicant.......how many of us would have filed in EB2 by forcefully saying that the particular job needs a masters or bachelors+5 yr exp.

so i guess its again a survival of the fittest.......and its happening because too many people from india are competing right now.....and the fittest will use every part of his brain to stay ahead of the race.....

 

[GCwhenandwhy]

OCT 2006 visa bulletin prediction based on following factors

1. LC pending in Philly Backlog elimination centre for year 2001 & 2002 (from forums)
2. LC pending in Dallas Backlog elimination centre for year 2001 & 2002 (from forums)
3. Recent 2001 & 2002 LC approvals
4. Various forums


EB2 – INDIA – Jan 2001 (this might get worse as many of them are trying to file New labor in EB2 and port their priority dates from old EB3 labor ).

EB3 – INDIA – April 2001 (will stay with current Aug bulletin)

 

[indian_gc_ocean]

OCT 2006 visa bulletin prediction based on following factors

1. LC pending in Philly Backlog elimination centre for year 2001 & 2002 (from forums)
2. LC pending in Dallas Backlog elimination centre for year 2001 & 2002 (from forums)
3. Recent 2001 & 2002 LC approvals
4. Various forums


EB2 – INDIA – Jan 2001 (this might get worse as many of them are trying to file New labor in EB2 and port their priority dates from old EB3 labor ).

EB3 – INDIA – April 2001 (will stay with current Aug bulletin)

EB2 Priority dates may start from 2001, but i don't think it is that easy to port eb3 priority date to new perm eb2. So, will there be many doing this ?, I doubt. They have to get the 140 cleared (assuming they are from Philly). I did not see many EB3 labors starting from 2001. 90% of the BEC labors(EB2 or EB3) start from May/June 2002. Labor substitution in EB2 is also slightly difficult at 140.

So, Even if the EB2 PDs start from 2001, considering all the above factors, it may not stay there for longer.

 

[indian_gc_ocean]

this is probably true.
I think retro is deserved and well earned by a few countries.
but where are the checks and balances in the system?

tusharvk,
Check this link for more info on National Interest Waiver EB2-Eb1 cases
http://www.immigrationportal.com/sh...page=2&pp=15&highlight=priority+date+transfer
Looks like its straight forward, no "manipulations" like other systems. Yes, DOS may be supportive of genuine cases. Also, I think madgu-gc2005 and good_y doing this already. You may want to take a decision before the next month's retrogression date annoucement.
Good Luck!!!

 

[paulavijit]

EB2 or EB3?

My Labour was filed in EB3 July 2005 and it got approved. In October 2005 I-140 too got approved.

My company is ready to re-file in EB2. I can still retain July 2005 PD.

With unavaibility of visa in EB2 is it advisable to file again in EB2???

 

[indian_gc_ocean]

My Labour was filed in EB3 July 2005 and it got approved. In October 2005 I-140 too got approved.

My company is ready to re-file in EB2. I can still retain July 2005 PD.

With unavaibility of visa in EB2 is it advisable to file again in EB2???

I think EB3 to EB2 conversion is risky. Some guys are thinking about it because they are waiting in their I485 for many many years. Within those years they would have either accumulated considerable additional experience or enhanced their educational qualification.

I don't see that being a possibility in your case in a short span of less than an year. If you want to do an new EB2 that may be alright, but if there is a RFE, how do you justify trying to port less than an year old PD within the same company, have you thought about it?

Anyway, EB2 is currently unavailable but by the time they reach 2005/2006 PDs it could be many years away. May be you can do after 2-3 years depending on the EB2/EB3 situation then.

 

[nj_skm]

Question: does the EB2 unvailability also mean that applications already in the pipeline won't be processed?
My PD is Apr 2002 and I applied for the I-485 in May in EB2 and even got the fingerprinting done.
So will my application continue to be processed so that I can receive an approval as and when the visas become available? Or will the application processing only continue when the visas become available?
Thanks,
nj_skm

 

[techy2468]

nj_skm... from what i have heard uscis is processing all applications and keep it completed so as to give you the card when visa becomes available...

 

[nj_skm]

nj_skm... from what i have heard uscis is processing all applications and keep it completed so as to give you the card when visa becomes available...

techy2468, thanks for the response. How sure are of your answer? Your answer has an air of hearsay.
Can anyone confirm what the official position would be?
Thanks,
nj_skm

 

[techy2468]

i think they call it as "I-485 Preadjudication" see the below thread
http://www.immigrationportal.com/showthread.php?t=218306

 

[indian_gc_ocean]

i doubt the current eb2 are processed and approved after today(jul 31st). Check this one,
http://www.murthy.com/nflash/nf_071706.html
it was discussed in the first page of this thread

 

[AGC4ME]

Many people with eb3 who have approved I=140 or approved I-140 and filed 485 but stuck due to retrogression have filed eb2 perm labor asking for priority date transfer.

One recent case; person had eb3 140 approved/ 485 pending with priority date in 2002. Had another company file perm labor in eb2. filed 140 got it approved. Sent 140 approval notice from perm labor to nebraska service center stating he wanted eb3 priority date on eb2 and to inter-file 485 to new eb2 140. Person got greencard approved in one month.

This just happened two weeks ago.

does one have to actually work for the new employer ? I have EAD I'm thinking of asking another company to file EB2 for me but I will not be leaving my current employer. Any risk there ?

 

[rrajendr]

Hi Unitednations
I have some questions related to filing new EB2 PERM and transferring my old EB3 PD on to the new EB2. COuld you please answer it?

My current case:
I have a EB3 PD of Jul 2003 pending at consular processing.

My new case:
I would like to start a new EB2 PERM LC have it approved and then file for EB2 I-140 and have it approved. I understand that I could inherit old EB3 PD of Jul 2003 onto my new EB2 petition when filing for EB2 I-485. However I have some questions on how it could be inherited?

1)what is the EXACT RULE to transfer PD from EB3 to EB2 when filing EB2 485?
1a)To inherit the PD of old EB3 does EB3 have to be CURRENT while filing for EB2 I-485 for a successful transfer of PD from EB3 to EB2 petition
2) How do I FILE for I-485 on EB2 with the old EB3 PD? I see in most cases it is an interfile of I-485 with new EB2 petition if old Eb3 is pending I-485?

Many people with eb3 who have approved I=140 or approved I-140 and filed 485 but stuck due to retrogression have filed eb2 perm labor asking for priority date transfer.

One recent case; person had eb3 140 approved/ 485 pending with priority date in 2002. Had another company file perm labor in eb2. filed 140 got it approved. Sent 140 approval notice from perm labor to nebraska service center stating he wanted eb3 priority date on eb2 and to inter-file 485 to new eb2 140. Person got greencard approved in one month.

This just happened two weeks ago.

 

[AGC4ME]

does one have to actually work for the new employer ? I have EAD I'm thinkinga

ability to pay is always a problem in future base employment.

That company has successfuly processed about 20GCs. The main question I have is can I continue with my current employer and process GC thru this other company ?

 

[knowDOL]

Hold on... don't hurry. You are just geeting one year a head not like you are getting GC or EAD today by fiign EB2 now. Wait for 6 months and see the fate of SKIL bill or TALENT bill or CIR. Then you can file EB2. IF you file EB2 today or 6 months later you are only going to get your EB3 PD with which you cannot even get EAD in the next two years. Make a deceision in 2007 Jan time frame.

Why do you want to spend money or make your company spend money for no good reason. Already DOL and USCIS is making good business out of retrogression why add ghee to it for no great use. spend some of it for supporting SKIL bill by going to immigrationvoice.org.

My Labour was filed in EB3 July 2005 and it got approved. In October 2005 I-140 too got approved.

My company is ready to re-file in EB2. I can still retain July 2005 PD.

With unavaibility of visa in EB2 is it advisable to file again in EB2???

 

[just_chill]

My Labour was filed in EB3 July 2005 and it got approved. In October 2005 I-140 too got approved.

My company is ready to re-file in EB2. I can still retain July 2005 PD.

With unavaibility of visa in EB2 is it advisable to file again in EB2???

i agree with indian_gc_ocean on eb3 to eb2 conversion being risky. my
reasoning is that to port ones priority date from eb3 one first needs to get
both labor and i140 cleared. then the filing company should not revoke
the i140 once eb2 is filed. which means that one should be on good terms
with the filing company which is probably possible only if the concerned
person is still working for them. now if i am still working for them doing the
same work i was doing for a long time then how do i make a case for eb2
since my job hasnt changed at all. which will make i140 for eb2 more difficult.

it is one of those classic dos/uscis things where they claim to come to our
aid with these tiny helpful measures that just dont get us anywhere.

 

[bigbang2001]

Question: does the EB2 unvailability also mean that applications already in the pipeline won't be processed?
My PD is Apr 2002 and I applied for the I-485 in May in EB2 and even got the fingerprinting done.
So will my application continue to be processed so that I can receive an approval as and when the visas become available? Or will the application processing only continue when the visas become available?
Thanks,
nj_skm

I found following at immigration-law.com. It seem USCIS Nebraska center gave a guidance:

04/11/2006: Clarification of Preadjudication of I-485 Applications During the Period of Retrogression

It appears that the initiative of the USCIS to preadjudicate the I-485 applications during the period of retrogression includes "pending" cases (cases on file) only. Nowhere it stated that the USCIS would accept the I-485 applications during the period of retrogression when visa numbers are not available. For the latter type of action, the USCIS does not have authority to initiate it at the agency-level and needs a legislative authorization. People will remember that this was part of S.1932 which failed to pass the House and Conference Committee at the end of 2005.
It appears that the USCIS is initiating the preadjudication policy to streamline security clearance process and fraud detection or prevention. The community should take the preadjudication announcement as a news that they may receive massive RFEs and Biometric notices even if their priority dates still remain remote. Please remember that the announcement involves their "internal" procedure and processing guidelines and not, repeat not, filing guidelines for the immigrants.
04/10/2006: USCIS Initiates Preadjudication of I-485 Applications During the Period of Retrogression

The USCIS/Nebraska Service Center has annnounced that it has launched the procedure of adjudication of I-485 applications even during the period of visa number retrogression. The intention of this "preadjudication" initiative is to prepare eligible cases to the greatest extent possible, short of approval, in anticipation of the availability of a visa.
More important than this preadjudication notice is that the Service Centers may issue RFEs or Biometric notices while they process the cases on preadjudication initiative, and if the applicant fails to timely respond or comply with other notices or requests, the applications may be denied. The I-485 waiters should watch closely their mails religiously from now on in order not to experience a deadly consequence for failure to respond. |"The unconfirmed sources also indicates that the USCIS field offices are currently under operation to achieve the goal of 6 months adjudication of benefit applications. The preadjudication initiative may have something to do with such move.

 

[freebird140]

i doubt the current eb2 are processed and approved after today(jul 31st). Check this one,
http://www.murthy.com/nflash/nf_071706.html
it was discussed in the first page of this thread

not sure if my case is going to be affected by this.

 

[indian_gc_ocean]

not sure if my case is going to be affected by this.

you don't have your PD in your signature. can't say what makes your case special. anyway, if you are India and EB2, PDs don't matter any more. we don't have to expect any update until the start of FY2007 in october. Thats what the murthy's bulletin says.

if we are lucky, DOS will start from the same place they left that is july 2002. otherwise, i will not be surprised to see the same kind of suspense ride that ends in an anticlimax once more.