EB3 cutoff date 01/01/2002 in Jan 2005

Discussion in 'General I-485 and Related Issues' started by dxsfd, Dec 8, 2004.

  1. dxsfd

    dxsfd Registered Users (C)

    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.
  2. lallimohan

    lallimohan Registered Users (C)

    What do you mean by CUT OFF date ?
  3. dxsfd

    dxsfd Registered Users (C)

  4. Explorer19

    Explorer19 Registered Users (C)

    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
  5. dxsfd

    dxsfd Registered Users (C)

  6. GCIsTortoise

    GCIsTortoise Registered Users (C)

    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.

  7. ginnu

    ginnu Registered Users (C)

  8. anonymous_nj

    anonymous_nj Registered Users (C)

    What is your PD? PD is the date the labor you are substituing with was filed
  9. ginnu

    ginnu Registered Users (C)

    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
  10. GCIsTortoise

    GCIsTortoise Registered Users (C)

    Not sure

    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.
  11. ginnu

    ginnu Registered Users (C)

  12. GCIsTortoise

    GCIsTortoise Registered Users (C)

    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.

  13. ginnu

    ginnu Registered Users (C)

  14. Sanan

    Sanan Registered Users (C)

    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??

  15. summit

    summit Registered Users (C)

    Yup. But atleast you get Unlimited EAD/AP
  16. buckmaster

    buckmaster Registered Users (C)

    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?

    Last edited by a moderator: Dec 10, 2004
  17. EricS

    EricS Active Member

    You may not like the answer but, yes, your 485 application will be effected.
  18. revoke485

    revoke485 Registered Users (C)

    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??
  19. Pats100

    Pats100 Registered Users (C)

    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.
  20. PinShi

    PinShi Registered Users (C)

    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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