EB2 vs EB3 after filing I-485 !!

S

swas

Banned
My priority date for labor was April 2002 as was in EB3 and approved in March 2005.
140 was filed in March 2005 and pending.
485 filed last week.


Now I have two questions.

Question 1 - Once it goes inside the I-485 process, does it matter whether you are in EB2 or EB3?
I think it matters and there are separate visa numbers available for EB3 and EB2. I asked many friends here but they say it does not matter AFTER 485 are filed as they go in the same pool.

Question 2 – Once 485 is filed does that labor priority date matter or green card is issues based on first come first serve basis on when 485 is filed?
 
swas said:
Once it goes inside the I-485 process, does it matter whether you are in EB2 or EB3? I think it matters and there are separate visa numbers available for EB3 and EB2. I asked many friends here but they say it does not matter AFTER 485 are filed as they go in the same pool.
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Your friends are wrong. It matters a great deal - if you are EB3 you will not be approved until after October 1st. Country of birth and category always matter.

Once 485 is filed does that labor priority date matter or green card is issues based on first come first serve basis on when 485 is filed?
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The Priority Date only matters if it is not current. Once your date is before the cutoff dates then it doesn't really matter, and the I-485 is processed based on its filing date.
 
more questions

thanks for the answer.

So when a 485 is filed, when they need the visa number? Is it at the beginning of the 485 processing or when everything is almost done at the end they need the visa number?
 
swas said:
So when a 485 is filed, when they need the visa number? Is it at the beginning of the 485 processing or when everything is almost done at the end they need the visa number?
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A visa number must be available at the time of filing (to make the I-485 "approvable when filed"), however it is only allocated when the I-485 is approved. Therefore it must be available then too.
 
Thanks

Thanks Thanks Thanks .

One last question.

So when I filed in EB3 last week, was any visa number available for Eb3 that time?
 
swas said:
Thanks Thanks Thanks .

One last question.

So when I filed in EB3 last week, was any visa number available for Eb3 that time?
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Unless they processed your case last week it doesn't matter. The visa availability only matters when they are trying to approve your case.
 
maybesomeday said:
Unless they processed your case last week it doesn't matter. The visa availability only matters when they are trying to approve your case.
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It certainly does matter, since if the date isn't current then the I-485 cannot be filed. EB3 immigrant visas are available until July 1st. Therefore the I-485 was timely filed.
 
thanks again

Now it is more clear to me.

So till June 30 the EB3 visa numbers are available and that also means they will process my case in the next 3 months. Also when OCt 1 comes there will be more visa number and so they will continue on my case.
 
Dont Get Confused

THEY WILL PROCESS YOUR CASE UNTIL JUNE 30TH
IF THEY APPROVE IT TILL THAN, THAT MEANS YOU ARE LUCKY
IF YOU DONT GET APPROVED TILL JUNE 30TH, THERE WILL BE NO PROCESSING DONE ON YOUR CASE FROM JUNE 30TH TILL OCTOBER 1ST
FROM OCTOBER 1ST NEW PRIORITY DATES WILL BE ESTABLISHED WHICH MAY BE EVEN WORSE THAN 2002

SO BETTER START SUPPORTING MOVEMENT OF RETROGRESSION



swas said:
Now it is more clear to me.

So till June 30 the EB3 visa numbers are available and that also means they will process my case in the next 3 months. Also when OCt 1 comes there will be more visa number and so they will continue on my case.
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Mr SriniREddy

I will fully support the movement.

But you are confusing me. My priority date is April 2002 (my labor was applied)

Now why you saying that on Oct1 they may have another priority date which will be worse than 2002. THat is not possible at all. Becuase starting from this year they already have this retro process and slowly they moved the date from Jan 2002 to I believe May2002.

And why are you saying they will stop everything in July-Sep. THey can work on the FP etc right?
 
I Am Not Saying

SIRJEE
I AM NOT SAYING ALL THAT
IF IT WAS IN MY HANDS I WOULD GIVE EVERYONE GREEN CARDS
BUT I DONT EVEN HAVE GREEN CARD IN MY HANDS

SINCE YOU BELONG TO EB3, AND IF U DONT GET APPROVAL TILL END OF JUNE,
JULY VISA BULLETIN SAYS THAT EB3 CATEGORY WORLDWIDE UNAVAILABLE, MEANS NO VISA NUMBERS, MEANS NO 485 APPROVALS
SO NOTHING CAN BE DONE

YES THE NEW CUT OFF DATES MIGHT BE BETTER
BUT LAWYERS SAY THEY WILL BE WORSE THAN EVEN BEFORE LIKE 1999 AND THINGS LIKE THAT THEY ARE SAYING

ONE RENOWNED ATTORNEY SAID NEW CUT OFF DATES WILL BE JAN 2000

THIS SUCKS
SO PLEASE SUPPORT THE FOLLOWING

EVERYONE PLEASE GO TO THIS THREAD TO JOIN
THE GREAT AND ALL TIME BIG MOVEMENT TO CURE RETROGRESSION AND START HAVE A BETTER FUTURE FOR IT PROFESSIONALS WHERE THEY ARE NO LONGER FEARING THEIR EMPLOYER AND HAVING THEIR RIGHTS THAT THEY DESERVE

http://boards.immigrationportal.com...ad.php?t=179272



swas said:
I will fully support the movement.

But you are confusing me. My priority date is April 2002 (my labor was applied)

Now why you saying that on Oct1 they may have another priority date which will be worse than 2002. THat is not possible at all. Becuase starting from this year they already have this retro process and slowly they moved the date from Jan 2002 to I believe May2002.

And why are you saying they will stop everything in July-Sep. THey can work on the FP etc right?
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Date to be pushed back!!

I work in a body shopping company. So the CEO will be happy about this retrog process as I won’t be able to move.

But this means my green card processing is in jeopardy. I can send emails to the local politicians to make them aware.

How about involving different attorneys? Their business will be afftected due to this retrog and no body will file 485.


You are scaring me by saying the cut off date may be pushed back from June 1 2002. In that case my priority date of April 2002 will not help.
I still believe they will not push back the date , they may stay on June 1 2002 for a long time. My best bet hopefully they will send me the receipt of I-485 and after six months to leave the job.
 
srinireddydgl said:
YES THE NEW CUT OFF DATES MIGHT BE BETTER
BUT LAWYERS SAY THEY WILL BE WORSE THAN EVEN BEFORE LIKE 1999 AND THINGS LIKE THAT THEY ARE SAYING ONE RENOWNED ATTORNEY SAID NEW CUT OFF DATES WILL BE JAN 2000
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Renowned attorneys can say whatever they want, but what really matters is what DOS does. My guess is that you'll see dates for I/C/P EB3 in 2002 after October 1st, and probably current for all other countries.
 
for RealCanadian

Real canadian thanks for your earlier reply. But I still have some questions.

You mentioned that ‘A visa number must be available at the time of filing (to make the I-485 "approvable when filed")”
Now is visa number still available till June 30 2005 whoever is filing I485 this week?


You mentioned “however it is only allocated when the I-485 is approved. Therefore it must be available then too”
Now if you say yes to the above question then it means they will continue to process my case in July/Aug/Sep. Is this right assumption?


Other question I have is there separate visa number for EB3 and EB2. If yes do you know the quantities?
 
swas said:
Real canadian thanks for your earlier reply. But I still have some questions.

You mentioned that ‘A visa number must be available at the time of filing (to make the I-485 "approvable when filed")”
Now is visa number still available till June 30 2005 whoever is filing I485 this week?


You mentioned “however it is only allocated when the I-485 is approved. Therefore it must be available then too”
Now if you say yes to the above question then it means they will continue to process my case in July/Aug/Sep. Is this right assumption?


Other question I have is there separate visa number for EB3 and EB2. If yes do you know the quantities?
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Based on what I heard from different people in this forum, I found that if we file before June 30th 2005(provided priority date is before June 1, 2002), INS will process applications only until June 30th. After that they will keep the applications in the "pending" state from July 1st thru Sep 30th that means no action will be taken. I'm not sure whether they will approve EAD and AP

This is only my assumption, and may not be correct
 
swas said:
Now is visa number still available till June 30 2005 whoever is filing I485 this week?
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Yes, since visa numbers are still available then an EB3 I-485 can be accepted by USCIS until June 30th, 2005.

You mentioned “however it is only allocated when the I-485 is approved. Therefore it must be available then too” Now if you say yes to the above question then it means they will continue to process my case in July/Aug/Sep. Is this right assumption?
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Why would they? There are no EB3 visas available during July/Aug/Sep, so they cannot approve your case. They might generate an RFE or NOID, but I doubt it.

Other question I have is there separate visa number for EB3 and EB2. If yes do you know the quantities?
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It's in the visa bulletin - I don't remember offhand.
 
thanks

thanks again.

But you said on June 30th , say I apply 485 then they have visa number!!
Suddenly on July 1 morning they will find there is no visa number. This is I am not getting. This is too consuming.

Here is my theory.Please comment.
What I think they already consumed all the visa numbers for EB3.Visa numbers are allocated only they approve a green card at the end of processing 485. So when I apply before June 30 they already know visa numbers are not there and thus just keeping the application pending till Oct1. They might give me EAD and AP though. Now when they have the new set of numbers for EB3 from Oct 1 they will start approving 485 on the first come first serve basis. I feel the priority date will still remain as June 1 2002 as there are a lot of 485 to process.
 
swas said:
But you said on June 30th , say I apply 485 then they have visa number!! Suddenly on July 1 morning they will find there is no visa number. This is I am not getting. This is too consuming.
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But that's what DOS is saying. They restrict visa issuance by month, and as of July 1st they will not allocate any more visas.

What I think they already consumed all the visa numbers for EB3.
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Considering that the visa bulletin states that EB3 gets unused numbers from EB1 and EB2, this is extremely unlikely.

So when I apply before June 30 they already know visa numbers are not there and thus just keeping the application pending till Oct1.
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DOS will give USCIS a visa number on June 30th. So conceivably your I-485 filed on 6/30 could be approved the same day, provided USCIS did all the checks in time.

Be very clear, there will be people approved in EB3 until the end of the month, either via consular interviews or through an I-485.
 
June 30

So when June 30 a visa is available. A person files I-485 on that day on EB3. Is that visa allocated to him on that day and will remain allocated as long the 485 is approved?

My question as I filed before June 30(I dont have the receipt yet) are they working on some steps like FP on my file in July-Sep.

Is there any way I can instant message with you?
 
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