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EB3 cutoff date 01/01/2002 in Jan 2005

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

  1. Pats100

    Pats100 Registered Users (C)

    I have all the documents ready
  2. Pats100

    Pats100 Registered Users (C)

    Thanks a lot.
  3. anonymous_nj

    anonymous_nj Registered Users (C)

    Do not wait - do what ever you can to file it before the end of the year
  4. satiaug16

    satiaug16 New Member

    I -140 approved and I-485 pending for 4 months

    My I -140 is approved and I-485 pending for last 4 months, does this new rule affect my processing time, as currently VCS is processing june 16 2003 dates. I am worried whether my case will be delayed as my PD is aug 16 2004.
    Gurus kindly clarify my doubt so that i can release my tension and find for the options

    Last edited by a moderator: Dec 15, 2004
  5. EricS

    EricS Active Member

    First of all, I am not a guru on this subject. This is my opinion.
    Yes, your 485 application will be effected. If it is not approved before Dec 31st, then it will not be approved untill your priority date becomes current. BTW, this is not a new rule. Priority dates logic was always there, just the dates were current so no one had to face it in EB category for last few years.

    You will still be able to get EAD and AP. After 6 months of filing of 485, you can also use AC21 to change job.

    I do not understand one thing, you say your PD is Aug 16 2004. What state did you apply LC from to get it so fast. Otherwise if you are EB1 or NIW etc., then you do not need to worry about priority dates. If you are confusing 140/485 filing date with Priority date, I would strongly recommend you read FAQs about PD, other wise you will be wasting a lot of your and others time. No offence but please do your part before asking questions.

    Hope it helps.
  6. ajay5174

    ajay5174 Registered Users (C)

    Will my case move faster?


    My LC Priority Date:11-19-2001
    I-140 Filed on: Nov-2002
    I-140 AD : May-2003
    I-485 RD: 08/01/03

    485 Applied in VT center

    NO FP recieved yet.

    I know that my case should be current as per the new cut off dates.

    I see that Processing date for Vermont Center is June 19 2003. So will this remain same for all EB categories? After current date, does INS process all the categories (EB2 and EB3) with same preference or do they have two different threads?

    Do I benifit anything because of this cut off dates? like my I-485 will be processed fast? or it does not effect me at all?

    Thank you for any inputs,
  7. EricS

    EricS Active Member

    In my opinion, once they stop processing cases with PD of 1/1/2002 and higher, the cases with PD < this date should process much faster.
  8. vik3001

    vik3001 Banned


    i had filed labor thru company A and got 140 approved. Joined company B and also got labor/140 approved. Now that the dates are going back(EB3)...can i use company A priority date(april 2001) to file my 485?

    Will I have to specifically inform the USCIS about using tht date? Has anyone done it? Whats the process?

  9. neocor

    neocor Registered Users (C)

    I would say the Priority date retrogrsssion is good news for you. You can now expect your 485 to be given priority.
    Unless offcourse the next Visa Bulletin moves the dates back even further. But I guess that wont happen, its only expected to mave forward from Jan 2002. But you never know.

  10. neocor

    neocor Registered Users (C)

    From reading all the information about priority dates, it seems you can use the priority date from company A.
    It seems the only way to use the PD from an earlier GC filing is that the i-140 should have been approved from that filing. So go for it.

  11. gc_mania_03

    gc_mania_03 Registered Users (C)

    File I-485 for spouse

    Hello Folks,

    I filed my concurrent filing during the month of Aug '04. Now, I was planning to attach my spouse's I-485 application to my petition around the month of Jan. But, this whole CutOff date logic has driven me crazy.

    Does my spouse's application also get affected by this cutoff dates. Or is this considered to be a extra addition to the already filed petition?

    Can my spouse also apply for her EAD in January?

    Please answer O'gurus...

  12. dbwr

    dbwr New Member

    I am not a statistics person, but tried to put some USCIS statistics figures to make sense. I started with a goal of how the priority dates might move in future. But still could not perform due to lack of data.

    Couple of things i noticed, the priority dates of EB3 would move for India, China depend's on

    1. Priority dates might move every quarter (January, April, and July. October)
    2. If the inflow of (485 application whose priority dates is before January 2002) is less than the new visa numbers (35K) created every quarter. The priority dates might move faster than a quarter, (Ex. Per month)
    3. If anyone who is eligible to file under EB2, It is better to file in EB2 rather than EB3.
    4. EB3 is over sub-scribed since 1999 to 2003. The movement of Priority dates in future will primarily depend on the
    a. DOL backlog reduction of labor certification whose dates were before Jan-02.
    b. Demand for other categories such as eb1, eb2, eb4, eb5.
    c. Demand of Visa numbers by countries other than India, china.

    All these factors will directly affect the priority dates.


    If there is a Statistician in the forum, he can draw some conclusion. This will be helpfull for people like me in many ways. Ex. Changing their strategy in 485 processing.....Eb1,Eb2.... How long it will take ....etc
  13. fast_gc_seeker

    fast_gc_seeker Registered Users (C)

    Spouse application will have adverse affect if u apply after Jan 01,2005. Do it before that.
  14. gcsoon2002

    gcsoon2002 Registered Users (C)

    That was an excellent summary!
    Last edited by a moderator: Dec 21, 2004
  15. gc_mania_03

    gc_mania_03 Registered Users (C)

    What is going to happen to the I-140s.

    Are they also be going to be help up till I-485 dates become current. Then the AC-21 goes for a toss!!

    Any ideas folks?

  16. gc_mania_03

    gc_mania_03 Registered Users (C)

    What adverse effects?
  17. Sanan

    Sanan Registered Users (C)

    Correct me if I am wrong

    I think you will not be able to apply for the spouse till you get a visa number ie your priority date gets current. I am planning to get married next spring and my PD is july 2002. I am also looking for some answers.
  18. fast_gc_seeker

    fast_gc_seeker Registered Users (C)

    absolutely true. dependent applications will be rejected if primary's PD is not current.
  19. dgc2005

    dgc2005 Registered Users (C)

    Great info DBWR.

    PD fwd movement will depend upon how many applications will be submitted for 485. That would depend upon how many labour cleared.I have read somewhere that the per year backlog of labour per year is about 20K so starting 1999 if we take 20K it comes to 60K by end of year 2001.

    Now per year EB3 allocation is about 40K. Would that mean that any fwd movement that is going to happen will be in Mid 2006 ?
    With PERM coming in end of March 2005 that coule seem possible.

    AILA says any movement is expected in Apr 2005. Fwd or Bkwd is not specified.

    P.S. Not a lawyer. All opinions are personal.
  20. revoke485

    revoke485 Registered Users (C)

    485 Advantage-EB3-priorotiy date-Labor Applied 2003

    485 Advantage-EB3-priorotiy date-Labor Applied 2003

    For the people who has applied I-485 under EB3 and has the LO-Labor applied date of Feb-2002/Mach 2002,..should be lucky, Because all others who has applied 485 and has labor applied after April 2002 wil have their PD pending and if the folks PD : whos' date is Feb/march2002 should be lucky because their appications will be processed sooner then who has applied I-485 few months back...b'coz the people who has the labout applied ate of Jan/Feb/march/2002 will be processed first and for others later??

    Gurus...Please shed some light on it !!


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