EB3 cutoff date 01/01/2002 in Jan 2005

dxsfd

Registered Users (C)
#1
The State Department has just released the Visa Bulletin for January 2005. As expected, the employment-based EB-31 moved backward to January 1, 2002 for India, China, and Philippines. It is interesting to learn that the EB-3 cut-off date applies only to "professional or skilled worker" EB-31 category and the unskilled worker category of EB-32 remain "current" for the Indians, Chinese, and Filipinos.
 

lallimohan

Registered Users (C)
#2
dxsfd said:
The State Department has just released the Visa Bulletin for January 2005. As expected, the employment-based EB-31 moved backward to January 1, 2002 for India, China, and Philippines. It is interesting to learn that the EB-3 cut-off date applies only to "professional or skilled worker" EB-31 category and the unskilled worker category of EB-32 remain "current" for the Indians, Chinese, and Filipinos.
What do you mean by CUT OFF date ?
 

Explorer19

Registered Users (C)
#4
hi dxsfd
where did u see the january 2005 visa bulletin?

The visa bulletin is issued around 15th of every month
can u provide me the link
 

GCIsTortoise

Registered Users (C)
#6
How long does it take to move and how fast?

If the cut off date is 1/1/2001, then how fast does it move forward? Any idea? I just got receipt from my 140/485 in labor sub EB3. I'm the guy to cry.

gcistortoise
 

ginnu

Registered Users (C)
#7
GCIsTortoise said:
If the cut off date is 1/1/2001,
-- cut off date is Jan1, 2002
then how fast does it move forward? Any idea?
---- you will know that in future
I just got receipt from my 140/485 in labor sub EB3. I'm the guy to cry.

gcistortoise
 

ginnu

Registered Users (C)
#9
anonymous_nj said:
What is your PD? PD is the date the labor you are substituing with was filed
1. PD is the date your LC was received by SWA or State DOL
2.If you are substituting LC then your PD is the I-140 filing date.
3Those who don’t need LC like EB1 or NIW the PD is the date I-140 is filed
4 If LC was filed for person A by company X and LC got approved for person A through company X and his I-140 was also approved, even if he left the employer X he can retain his earlier PD for any future I-140 or I-485 and he needs to have proof that LC and I-140 was approved in past
 

GCIsTortoise

Registered Users (C)
#10
Not sure

anonymous_nj said:
What is your PD? PD is the date the labor you are substituing with was filed

My lawyer told me it's the priority date of original one. But I doubt it since there used to be some hot debate of this sub-labor priority date issue. Not clear answer though.

My case is bit different. I used sub-LC to file 104/485 but I have my own pending LC which I hope it could establish my own PD at least if I can’t inherit sub LC PD.
 

ginnu

Registered Users (C)
#11
GCIsTortoise said:
My lawyer told me it's the priority date of original one. But I doubt it since there used to be some hot debate of this sub-labor priority date issue. Not clear answer though.

My case is bit different.
I used sub-LC to file 104/485

but I have my own pending LC which I hope it could establish my own PD at least if I can’t inherit sub LC PD.
---- If the LC filed for you that is pending then that should be the base of I-140 filing then only you will have that PD if I-140 is Approved, if your earlier LC is approved and then I-140 based on that LC is approved then only you can retain the early PD. if you have only LC pending with Early PD and I-140 based on that LC is not approved you cannot retain the early PD just becase LC is approved
 

GCIsTortoise

Registered Users (C)
#12
More confused

The issue is concurrent filing. USCIS will approve I-140 together with I-485. But I-485 may pend on PD to be current. What you said without I-140 approval, you can't establish PD? But without PD you can't get I-485 which is tie to I-140! This is a dead lock, man! Actually, I'm confused with what you said.

 

ginnu

Registered Users (C)
#13
GCIsTortoise said:
The issue is concurrent filing. USCIS will approve I-140 together with I-485. But I-485 may pend on PD to be current.


What you said without I-140 approval, you can't establish PD?
---- the above statement is for diffrent situation. just for example if comany A filed LC for Mr XYZ and that LC is approved for Mr XYZ and then Comany A files I-140 for Mr XYZ and that I-140 gets approved BUT XYZ leaves company A and joins comany B starts new LC and at the time of new I-140 filing through B XYZ can retain Early PD of comany A LC becase his I-140 was approved.


But without PD you can't get I-485 which is tie to I-140! This is a dead lock, man! Actually, I'm confused with what you said.
 

Sanan

Registered Users (C)
#14
What happens if we are able to file the 485 before Jan 1 (i am working on it)?
Will my 485 still get Hung till my PD - JULY 2002 - is reached??

GCIsTortoise said:
The issue is concurrent filing. USCIS will approve I-140 together with I-485. But I-485 may pend on PD to be current. What you said without I-140 approval, you can't establish PD? But without PD you can't get I-485 which is tie to I-140! This is a dead lock, man! Actually, I'm confused with what you said.
 

buckmaster

Registered Users (C)
#16
my I140 already approved. Will I be affected?

I am a EB3 applicant.

My LC RD is 10/29/2002

My I140 and I485 were filed concurrently.
and My I140 was approved on 02/11/2004.

Now pending on I485 with A# assigned.

Will I be affected by this cut off date?

Thanks
 
Last edited by a moderator:

EricS

Active Member
#17
buckmaster said:
I am a EB3 applicant.

My LC RD is 10/29/2002

My I140 and I485 were filed concurrently.
and My I140 was approved on 02/11/2004.

Now pending on I485 with A# assigned.

Will I be affected by this cut off date?

Thanks
You may not like the answer but, yes, your 485 application will be effected.
 

revoke485

Registered Users (C)
#18
To all the people who has questions about EB3 regression or what ever,,,,if you want to know if you will be effected or not is ....

Check your labor certification on the first page> There will be a date(L0) is this LO is after Jan/2002 and you are under EB3 then you will be effected??

As simple as it is??
 

Pats100

Registered Users (C)
#19
EB-3 Cut off date

My labor just got approved on Friday, and as of Jan 1 2005, the EB-3 category is reversed back to 1/1/02, Can I still apply conconcurrent application for 140 and 485 till Dec 31, 2004, though I know it will sit on the shelf.
Secondly will I get EAD, etc.
 

PinShi

Registered Users (C)
#20
if you can pull up all the documents, if I would be you I would do it rightaway, even if I won't have all the necessary document for 485(like Marriage cert etc). This way you will get EAD
 
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