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Eb3- Cut off Date as on Oct 1/ 2005
- Thread starter ShibuGeorge
- Start date
news from immigration-law
news from immigration-law
--------------------------------------------------------------------------------
08/17/2005: October New Fiscal Year Visa Number Allocation and USCIS Preparation for Adjudication of EB-3 485 Applications
* Early next month, September, DOS will release the October 2005 Visa Bulletin and people will see the impact of new fiscal year visa number allocation on EB-3 visa number availability. As the State Department has already predicted, EB-3 visa number may become current for world-wide, and even for China and India, some numbers may become available inasmuch as their priority dates are older than the new cut-off dates which the October 2005 Visa Bulletin will establish.
* Report indicates that the Service Centers have been continuously processing EB-485 cases even though their visa numbers are currently unavailable and they cannot decide the cases. They are getting ready for October 1, 2005! No wonder why the EB-3 I-485 applicants have been receiving biometic appointment letters en masse lately. This is certainly not a bad news at all.
* Here are a few pointers which may help the people who have been anxiously waiting for the EB-3 visa numbers becoming available for them:
o First, when you receive the biometric scheduling, you should never reschedule it as it can cause a delay in processing your EB-3 I-485 applications. For Indians and Chinese, you may learn that such rescheduling will turn out be one of the most serious mistakes you would ever have made in the immigration journey.
o Second, when RFE is received for either I-140 or EB-3 I-485 applications, you should send in responses as promptly as possible so that your cases will get ready for adjudication when the EB-3 visa numbers will become availabe on October 1 and thereafter.
o Third, you should not do anything that can trigger transfer of EB-3 I-485 applications to the local district offices for interview or issuance of RFE. Once the cases are transferred to the local offices, the cases are subject to the local offices processing queue and decisions can be delayed substantially. Same will be true with the RFE. Those who have changed employers using AC 21 180-rule may want to assess the advantages and disadvantages of proactively reporting their employment changes with the help of their legal counsels.
o Fourth, you should not do anything that will either cause a delay in completion of the name checks or trigger trasfer of the case to local district offices for clarification of issues that surfaced through the name checks for fact findings through the interviews. Minor violations of criminal law or local ordinance that require fingerprinting may trigger transfer of the cases to local offices, no matter whether it involves a deportable offense or not. Exit from the U.S. may also be reported by BCP inspectors through the database and the surrendered I-94 documents, which can cause some delays in adjudications, even though in most cases international travelling should not and have not affected adjudication of I-485 applications.
o If you have any violation of status in whatever forms after filing I-485 applications, your contact with the agencies through extension or change of nonimmigrant status should be minimized as their findings of violation of nonimmigrant status post-filing of I-485 will seriously affect your eligibility for adjustment of status.
news from immigration-law
--------------------------------------------------------------------------------
08/17/2005: October New Fiscal Year Visa Number Allocation and USCIS Preparation for Adjudication of EB-3 485 Applications
* Early next month, September, DOS will release the October 2005 Visa Bulletin and people will see the impact of new fiscal year visa number allocation on EB-3 visa number availability. As the State Department has already predicted, EB-3 visa number may become current for world-wide, and even for China and India, some numbers may become available inasmuch as their priority dates are older than the new cut-off dates which the October 2005 Visa Bulletin will establish.
* Report indicates that the Service Centers have been continuously processing EB-485 cases even though their visa numbers are currently unavailable and they cannot decide the cases. They are getting ready for October 1, 2005! No wonder why the EB-3 I-485 applicants have been receiving biometic appointment letters en masse lately. This is certainly not a bad news at all.
* Here are a few pointers which may help the people who have been anxiously waiting for the EB-3 visa numbers becoming available for them:
o First, when you receive the biometric scheduling, you should never reschedule it as it can cause a delay in processing your EB-3 I-485 applications. For Indians and Chinese, you may learn that such rescheduling will turn out be one of the most serious mistakes you would ever have made in the immigration journey.
o Second, when RFE is received for either I-140 or EB-3 I-485 applications, you should send in responses as promptly as possible so that your cases will get ready for adjudication when the EB-3 visa numbers will become availabe on October 1 and thereafter.
o Third, you should not do anything that can trigger transfer of EB-3 I-485 applications to the local district offices for interview or issuance of RFE. Once the cases are transferred to the local offices, the cases are subject to the local offices processing queue and decisions can be delayed substantially. Same will be true with the RFE. Those who have changed employers using AC 21 180-rule may want to assess the advantages and disadvantages of proactively reporting their employment changes with the help of their legal counsels.
o Fourth, you should not do anything that will either cause a delay in completion of the name checks or trigger trasfer of the case to local district offices for clarification of issues that surfaced through the name checks for fact findings through the interviews. Minor violations of criminal law or local ordinance that require fingerprinting may trigger transfer of the cases to local offices, no matter whether it involves a deportable offense or not. Exit from the U.S. may also be reported by BCP inspectors through the database and the surrendered I-94 documents, which can cause some delays in adjudications, even though in most cases international travelling should not and have not affected adjudication of I-485 applications.
o If you have any violation of status in whatever forms after filing I-485 applications, your contact with the agencies through extension or change of nonimmigrant status should be minimized as their findings of violation of nonimmigrant status post-filing of I-485 will seriously affect your eligibility for adjustment of status.
jambalakadi1
Registered Users (C)
gravitation said:All the votes so far:
Jan 02
Jun 02
Jul 02
Jul 02
Jul 02
Oct 02
Dec 02
Apr 03
Jun 03
Oct 05
Average: Oct 2002
I said Jun 01
One of our forum mates (Mr. Jambalakadi) has posted Jun 2001 and how is it is what I'am interested to know.
predictions with positive attitude gives a smile on people's face and things like what our friend wrote without any base gives un-necessary diabolic thoughts.
predictions with positive attitude gives a smile on people's face and things like what our friend wrote without any base gives un-necessary diabolic thoughts.
gravitation
Registered Users (C)
jambalakadi1 said:I said Jun 01
Sorry jambalakadi1! I'll correct it the next time I summarize it. Till then, ladies & gentlemen, vote away!
EB-3 Visa Number Problem and Likely Relief by Pending Immigration Reform Bills
So far we have reported a depressing EB-3 visa number prediction based on the current immigration law that allocates only 140,000 a year for the employment-based immigrant visas. However, there are two leading immigration reform legislative bills pending in the Senate which are likely to give some relief to the EB-3 backlog problem, should the bills be enacted into law. One is McCain-Kennedy bill, S. 1033, and the other Cornyn-Kyl bill, S.1438. These bills have attracted a lot of attention from the media and public in two respects: Differences in the two bills in the issues of legalization of illegal aliens and the weight of border and enforcement in the nation's immigration policy.
However, from the perspective of the employment-based immigrant community, these two bills will benefit, albeit differently, the EB-3 workers tremendously. The following table compares the current EB visa number allocation system with proposed changes in the allocation system in these two bills:
Current System <==> Cornyn-Kyl bill <==> McCain-Kennedy bill
EB Total Annual Quota 140,000(100%) <==> 190,000(100%) <==> 290,000(100%)
EB-1 28.6% <==> 20.0% <==> 20.0%
EB-2 28.6% <==> 20.0% <==> 20.0%
EB-31 28.6%* <==> 35.0% <==> 35.0%
*Includes EB-3 EW unckillsed other worker upto 10,000
=> Current EB-3 EW Other Workers Included in EB-31 per current system -Current EB 3 EW is reclassified into the new EB-5 preference
=> Current EB-4 (Special Immigrants) 7.1% per current system - Current EB-4 category removed.
=> Current EB-5(Investor) 7.1% per current system - Reclassified into the new EB-4 preference
=> New EB-4(Investor) - 4.0% (Cornyn-Kyl bill); 5.0% (McCain-Kennedy bill) -Formerly EB-5
=> New EB-5(Other Workers) - Upto 36.0% (21.0%) (Cornyn-Kyl bill); Upto 30.0% (20.0%) (McCain-Kennedy bill) - Formerly EB-3 EW Other Workers. Since it is the lowest preference, if EB-1, EB-2, EB-3, and EB-3 use up their numbers, the practical available number would be the figures in the parenthesis.
Under both Cornyn-Kyl bill and McCain-Kenney bill, the big winners will be the current EB-3 workers. For instance, current EB-3 quota, excluding nurses and physical therapists, is approximately 40,000 a year including EB-3 skilled and professional workers and EB-3EW other workers (upto 10,000), but it will increase to 104,000 plus (66,500 EB-3 + 38,000 new EB-5) under Cornyn-Kyl bill, and to 159,000 plus (101,500 EB-3 + 58,000 new EB-5) under McCain-Kennedy bill. Part of this benefit will come from termination of immigration visa lottery, 55,000 (DV Program). Both bills also provide positive recapture of unused numbers in the previous years which will lead to some numbers available for the regular EB-3 workers after taking away 50,000 numbers by the nurses and physical therapists.
When it comes to the specific numbers, the two bills differ to a great extent, but remarkably both bills are committed to reducing the serious EB-3 backlogs under the current immigration quota system. This is a good news.
Source: http://www.immigration-law.com/
So bottomline is, support this bill strongly by sending letter/email/fax or phone call to your Senators/Congressman/President/Committees.
Don't know who is your senator/congressman or what to send? Click here:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183
So far we have reported a depressing EB-3 visa number prediction based on the current immigration law that allocates only 140,000 a year for the employment-based immigrant visas. However, there are two leading immigration reform legislative bills pending in the Senate which are likely to give some relief to the EB-3 backlog problem, should the bills be enacted into law. One is McCain-Kennedy bill, S. 1033, and the other Cornyn-Kyl bill, S.1438. These bills have attracted a lot of attention from the media and public in two respects: Differences in the two bills in the issues of legalization of illegal aliens and the weight of border and enforcement in the nation's immigration policy.
However, from the perspective of the employment-based immigrant community, these two bills will benefit, albeit differently, the EB-3 workers tremendously. The following table compares the current EB visa number allocation system with proposed changes in the allocation system in these two bills:
Current System <==> Cornyn-Kyl bill <==> McCain-Kennedy bill
EB Total Annual Quota 140,000(100%) <==> 190,000(100%) <==> 290,000(100%)
EB-1 28.6% <==> 20.0% <==> 20.0%
EB-2 28.6% <==> 20.0% <==> 20.0%
EB-31 28.6%* <==> 35.0% <==> 35.0%
*Includes EB-3 EW unckillsed other worker upto 10,000
=> Current EB-3 EW Other Workers Included in EB-31 per current system -Current EB 3 EW is reclassified into the new EB-5 preference
=> Current EB-4 (Special Immigrants) 7.1% per current system - Current EB-4 category removed.
=> Current EB-5(Investor) 7.1% per current system - Reclassified into the new EB-4 preference
=> New EB-4(Investor) - 4.0% (Cornyn-Kyl bill); 5.0% (McCain-Kennedy bill) -Formerly EB-5
=> New EB-5(Other Workers) - Upto 36.0% (21.0%) (Cornyn-Kyl bill); Upto 30.0% (20.0%) (McCain-Kennedy bill) - Formerly EB-3 EW Other Workers. Since it is the lowest preference, if EB-1, EB-2, EB-3, and EB-3 use up their numbers, the practical available number would be the figures in the parenthesis.
Under both Cornyn-Kyl bill and McCain-Kenney bill, the big winners will be the current EB-3 workers. For instance, current EB-3 quota, excluding nurses and physical therapists, is approximately 40,000 a year including EB-3 skilled and professional workers and EB-3EW other workers (upto 10,000), but it will increase to 104,000 plus (66,500 EB-3 + 38,000 new EB-5) under Cornyn-Kyl bill, and to 159,000 plus (101,500 EB-3 + 58,000 new EB-5) under McCain-Kennedy bill. Part of this benefit will come from termination of immigration visa lottery, 55,000 (DV Program). Both bills also provide positive recapture of unused numbers in the previous years which will lead to some numbers available for the regular EB-3 workers after taking away 50,000 numbers by the nurses and physical therapists.
When it comes to the specific numbers, the two bills differ to a great extent, but remarkably both bills are committed to reducing the serious EB-3 backlogs under the current immigration quota system. This is a good news.
Source: http://www.immigration-law.com/
So bottomline is, support this bill strongly by sending letter/email/fax or phone call to your Senators/Congressman/President/Committees.
Don't know who is your senator/congressman or what to send? Click here:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183
Last edited by a moderator:
gravitation said:All the votes so far:
Jan 02
Jun 02
Jul 02
Jul 02
Jul 02
Oct 02
Dec 02
Apr 03
Jun 03
Oct 05
Average: Oct 2002
I am winning on the Average count on this thread then.
I guess predicting Oct 2002 is like palying safe, because it more or less the best estimate.
How about now predicting the movement over the months in the next fisical year. Here is my guesstimate.
Oct 2005 ---> Oct 2002
Nov 2005 ---> Oct 2002
Dec 2005 ---> Dec 2002
Jan 2006 ---> Dec 2002
Feb 2006 ---> Dec 2002
Mar 2006 ----> Jan 2003
Apr 2006 ----> Feb 2003
May 2006 ---> Feb 2003
Jun 2006 ----> U
July 2006 ----> U
Aug 2006 ----> U
Sept 2006 ----> U
neocor
I would agree with your prediction..
The reason why i also feel the same is that although much has been said about BEC generating tons of approvals, I also consider the fact that many of them have already used substitute labor, some have left the employer and few would have given up their dream (very unlikely ... but not absolutely impossible.. ). With substitution of labor coming into the radar range of USCIS, some employers would be reluctant in taking chances.
The reason why i also feel the same is that although much has been said about BEC generating tons of approvals, I also consider the fact that many of them have already used substitute labor, some have left the employer and few would have given up their dream (very unlikely ... but not absolutely impossible.. ). With substitution of labor coming into the radar range of USCIS, some employers would be reluctant in taking chances.
neocor said:I am winning on the Average count on this thread then.
I guess predicting Oct 2002 is like palying safe, because it more or less the best estimate.
How about now predicting the movement over the months in the next fisical year. Here is my guesstimate.
Oct 2005 ---> Oct 2002
Nov 2005 ---> Oct 2002
Dec 2005 ---> Dec 2002
Jan 2006 ---> Dec 2002
Feb 2006 ---> Dec 2002
Mar 2006 ----> Jan 2003
Apr 2006 ----> Feb 2003
May 2006 ---> Feb 2003
Jun 2006 ----> U
July 2006 ----> U
Aug 2006 ----> U
Sept 2006 ----> U
neocor
gceeker05 said:I would agree with your prediction..
The reason why i also feel the same is that although much has been said about BEC generating tons of approvals, I also consider the fact that many of them have already used substitute labor, some have left the employer and few would have given up their dream (very unlikely ... but not absolutely impossible.. ). With substitution of labor coming into the radar range of USCIS, some employers would be reluctant in taking chances.
Yeah, agreed.
By the way does anyone knows what happened to the impending euling from USCIS that would make the Labor Substitution invalid.
If that happens I am sure we will see a much faster movement of the Priority dates.
Visa numbers for FY2005.
The Sep 05 Visa Bulletin only mentions about 148,449 employment preference visa numbers. Absolutely no mention about the 101,000 visas indicated as available from the 1999-2000 recapture indicated in Jan 2005 visa bulletin. Anybody has any info how these have been used (besides the hearsay we have heard on this forum) say USCIS or DOS website info or AILA conference news etc?
Anybody has queried the DOS on this? Also, when do they let the unused EB1 and EB2 to trickle down for use by EB3?
Thanks
H
The Sep 05 Visa Bulletin only mentions about 148,449 employment preference visa numbers. Absolutely no mention about the 101,000 visas indicated as available from the 1999-2000 recapture indicated in Jan 2005 visa bulletin. Anybody has any info how these have been used (besides the hearsay we have heard on this forum) say USCIS or DOS website info or AILA conference news etc?
Anybody has queried the DOS on this? Also, when do they let the unused EB1 and EB2 to trickle down for use by EB3?
Thanks
H
ShibuGeorge
Registered Users (C)
neocor said:Yeah, agreed.
By the way does anyone knows what happened to the impending euling from USCIS that would make the Labor Substitution invalid.
If that happens I am sure we will see a much faster movement of the Priority dates.
Are they going to make Labor Substitution Invalid
Where did this info come from
Could nt find anything after searching on the web
What will happen to the cases in post i-140 stage?
Will the 485 s become invalid as well?
Just curious...?
What makes you predict that? Thanks!sbabunle said:Its gonna be Jan 2005. So that majority of the waiting people can
file/get approved. Its Jan 2005.
ShibuGeorge said:Are they going to make Labor Substitution Invalid
Where did this info come from
Could nt find anything after searching on the web
What will happen to the cases in post i-140 stage?
Will the 485 s become invalid as well?
Just curious...?
Last I heard about it was 4-5 months back on this forum.
There was a thread discussing the pros and cons of Labor Substitution, needless to say lot of people got emotional there.
Anyway I have not heard about it since then, so probably its dies down now.
However even if that ruling was to be implemented it would surely not effect people who have already done the Labor Substitution and filed 140 and 485 based on that. If the USCIS invalidates those then there will surely be lawsuits.
In my opinion however the Labor Substituion should be abolished. Its evil and allowed these desi bhadwa companies to play with people's lives.
neocor
My Guess: May 2002
The theory behind the guess:
(A) following the BEC threads and tracker, it seems that although they promised to process the cases on a FIFO basis, it is not being done that way. In fact, many cases are being approved for dates after May 2002, but very few approvals for cases before May 2002.
(B) The USCIS has a target of processing all cases within 6 months by the end of FY 2006. Therefore they have an incentive to limit incoming applications so that they can meet this deadline.
(C) DOL, DOS, and USCIS are all aware of this, and would like to make this target deadline. DOL can claim: This LC process is now done by a private cntractor and is beyond our control. DOS can claim they are just making sure that the GC quotas are allocated as prescribed by law, and USCIS is the only organization that has to actually do work to meet this target.
(A) + (B) + (C)= May 2002.
This is of course a conspiracy theory - but who knows - it may be true. (and after all -my guess is just as good as anybody else's...)
The theory behind the guess:
(A) following the BEC threads and tracker, it seems that although they promised to process the cases on a FIFO basis, it is not being done that way. In fact, many cases are being approved for dates after May 2002, but very few approvals for cases before May 2002.
(B) The USCIS has a target of processing all cases within 6 months by the end of FY 2006. Therefore they have an incentive to limit incoming applications so that they can meet this deadline.
(C) DOL, DOS, and USCIS are all aware of this, and would like to make this target deadline. DOL can claim: This LC process is now done by a private cntractor and is beyond our control. DOS can claim they are just making sure that the GC quotas are allocated as prescribed by law, and USCIS is the only organization that has to actually do work to meet this target.
(A) + (B) + (C)= May 2002.
This is of course a conspiracy theory - but who knows - it may be true. (and after all -my guess is just as good as anybody else's...)
ShibuGeorge
Registered Users (C)
Calling upon those who have not still cast their votes
Its Count down time and Put in your guess
and Lets find out how many years you are OFF by!
ALL are WELCOME!!!
Its Count down time and Put in your guess
and Lets find out how many years you are OFF by!
ALL are WELCOME!!!
485_spouse
Registered Users (C)
22 NOv 2002
Thats my PD and I need to file papers for my wife.
Thats my PD and I need to file papers for my wife.
purplehazea
Registered Users (C)
Shibu George...
Are you some kind of entertainer? You are so excited about this whole poll thing - why don't you get a life?
Are you some kind of entertainer? You are so excited about this whole poll thing - why don't you get a life?
NSC04Filer
Registered Users (C)
June 2003
Shibu George:
My guess is PD will be set around June 2003.
This date is possible before BEC clears all the backlogged LCs.
Also, USCIS need to let some people file 485, get EAD and let them transfer employers. Iam sure at some time during 2005-06 PD will be around June 2003. Possibly should be before BEC clears backlogged LCs.
So, Intially PD will be set not based on available numbers. But based on logistics and other work load reduction and planning things. Let wait and see it would come up. My PD is Nov 2003. How long I have to wait don't know May be November 2006. Lets see.
BTB, I know one Shibu George. Very funny guy. we worked in the same company sometime 2000-01.(NJ company and later we moved to LA) R u the one.
Shibu George:
My guess is PD will be set around June 2003.
This date is possible before BEC clears all the backlogged LCs.
Also, USCIS need to let some people file 485, get EAD and let them transfer employers. Iam sure at some time during 2005-06 PD will be around June 2003. Possibly should be before BEC clears backlogged LCs.
So, Intially PD will be set not based on available numbers. But based on logistics and other work load reduction and planning things. Let wait and see it would come up. My PD is Nov 2003. How long I have to wait don't know May be November 2006. Lets see.
BTB, I know one Shibu George. Very funny guy. we worked in the same company sometime 2000-01.(NJ company and later we moved to LA) R u the one.
ShibuGeorge
Registered Users (C)
purplehazea said:Are you some kind of entertainer? You are so excited about this whole poll thing - why don't you get a life?
My friend,
I am not missing on life at all!
I used to follow the thread on Cut off date progress some time back
A lot of informed folks passed sound judgements on availability
of huge visa numbers for eb3, quoting and misquoting
Bills passed in Senate and Congress from the time
of John Adams and Thomas Jefferson!
These ran into few hunderd thousand visas at the very least
under any count for eb3
However, at the end when the visa bulletin did arrive
all these numbers evaporated completely dry
I came to realise as did every one else following the story
that things work completely different with INS
a lot of the openions are speculative and you need to take
them with a pinch of salt
Having said that, we still do want to discuss eb3 and priority date progress
Don't we? Because thats what keeps us moving.
And this is what came of it.
Lets throw all openions in to the hat fully knowing that this is pure speculation
And wait for what turns up hoping that we hit the jackpot.
Now, Is that not What they do at the Casino?
You are welcome too..
ShibuGeorge
Registered Users (C)
NSC04Filer said:Shibu George:
My guess is PD will be set around June 2003.
This date is possible before BEC clears all the backlogged LCs.
Also, USCIS need to let some people file 485, get EAD and let them transfer employers. Iam sure at some time during 2005-06 PD will be around June 2003. Possibly should be before BEC clears backlogged LCs.
So, Intially PD will be set not based on available numbers. But based on logistics and other work load reduction and planning things. Let wait and see it would come up. My PD is Nov 2003. How long I have to wait don't know May be November 2006. Lets see.
BTB, I know one Shibu George. Very funny guy. we worked in the same company sometime 2000-01.(NJ company and later we moved to LA) R u the one.
No I am not the one you are referring to!