EB3 cutoff date 01/01/2002 in Jan 2005

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

  1. neocor

    neocor Registered Users (C)

    What are you asking? Your question is not very clear. What makes you think that people with Priority date of Feb 2002 - Mar 2002 should be lucky ?
    The Visa Bulletein says the Visa Numbers will only be available for people with priority date on or before Jan 2002.
    So I would say People having PD of Jan 2002 are lucky, and depending on when the dates move in future (forward or backward) people with PD of Feb - Mar 2002 may be lucky or may be very very unlucky. Unlucky because they would have missed the Dates by a whisker, and may have to wait for a long long time.
    Off course no doubt that others with later PD like me (Dec 2003) there is no light at the end of the tunnel for a very long time. Unless some miracle happens and INS increases the number of visas or transfer the Visa numbers to EB3 from other catogories (I know this will infuriate others) or from other countries that dont use their allocated Visas. But I guess that was already used up in 2001, and that is why the numbers were current until now.

    After all the recent spat of I-485 approvals and faster processing would come to nothing. This will surely help people who have been waiting for a long long time. But unfortunately for us its dark ages back again.

  2. nsc_green_card

    nsc_green_card Registered Users (C)

    Priority Date Question

    I have a question on this PD. My EB3 PD is 03/2002 (RIR).
    I-485 - RD. 11/01/02. FP2 - 10/28/04.

    I applied my labor in Nebraska (State) and Chicago (Federal). If we look at the processing time for labor, for Nebraska (state labor), they are currently processing 11/2004 cases (both RIR as well as Non-RIR). For federal labor in Chicago, they are currently processing 12/03 cases (RIR) and 08/02 cases (Non-RIR).

    Does this mean that my I-485 processing will not get affected because of this priority date? Can somebody answer to this please?


  3. EricS

    EricS Active Member

    From your post, this is what I can tell:
    > You applied LC in 03/2002 and so your PD is 03/2002.
    > After that you applied 140 and 485 and your 485 RD is 11/2002

    Now what state or federal DOL is processing in Nebraska and Chicago has nothing to do with your filed 485. Your PD is set at 03/2002, you applied in EB3 and if you are from India, China .... then your 485 will be effected.
  4. fast_gc_seeker

    fast_gc_seeker Registered Users (C)

    I'm still not sure if just the 485/EAD/AP application package should reach USCIS before 01/01/05 OR the applicant should have a receipt number issued by 01/01/05?
  5. dxsfd

    dxsfd Registered Users (C)

  6. Srihar

    Srihar Registered Users (C)

    Is there any way to find how many cases are pending till Feb 2002. So that we can roughly calculate how fast this date will move in future.
  7. gc_labor_pain

    gc_labor_pain Registered Users (C)

    My Priority Date October 2001 EB3 Vermont Svc Center..
    I am stil waiting ... I don't know how INS moved to March 2002 yesterday..
    God knows what is happening at Svc centers ??
  8. madhikar

    madhikar Registered Users (C)

    Visa Numbers move forward??

    Mine PD from VSC is Nov 2001 under EB3 and haven't received FP and I485 is still pending. It is still not clear how the visa date moved forward with the several cases pending with priority dates several months back of published Priority Date. Can some one/attorney clarify this as whats going on at Service centers.
    Last edited by a moderator: Feb 13, 2005
  9. nsc_green_card

    nsc_green_card Registered Users (C)

    March-2005 Visa Bulletin

    I just read the March bullettin. For EB3, India, it is now 01-Mar-02. Hopefully people with March-2002 PD can start sitting on the edge of the chair and wait. (including me).
  10. Nicejoe

    Nicejoe Registered Users (C)

    If interview is approved, what is going to happen to us with EB-3 retrogression?

    I am going to interview for my green card. But I just applied last year. INS is going to interview me this month. If interview is approved, what is going to happen to us with EB-3 retrogression? Anyone got his or her green card even the priority date is not current? Thanks!
  11. july140

    july140 Registered Users (C)

    They will approve the interview, but they will ask you to wait until ur dates are become current and then get approved. This happened to one of the person who went to interview and he is still waiting. I read this news in this forum. If u search u can find it.
  12. Nicejoe

    Nicejoe Registered Users (C)

    Thank you very much! Let us pray for the visa number.

  13. ST2003

    ST2003 New Member

    I have a question might be stupid. If my I 140 is approved and the 485 is not current or not available. Do I have to go back to my country to wait? Given my H1B is on the 7th year. Thank you.
  14. EricS

    EricS Active Member

    You can extend your H1 for next 3 years (or 1 year) and keep working here.
  15. kewl

    kewl Registered Users (C)

    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 senators/congressman or what to send? Click here:
  16. jambalakadi1

    jambalakadi1 Registered Users (C)

    How about Physical therapists and Nurses. Do visa numbers still available for them too?
  17. eromero

    eromero Registered Users (C)

    priority date and eb class


    I am a south american engineer waiting for LC approval or denial.

    Where can I find my priority date and does this compare iwth the retrogression dates.

    When can I set the EB2 or EB3 category.

  18. SAI_GIVE_GC2005

    SAI_GIVE_GC2005 Registered Users (C)

    Hi rormero

    Your Priority date for retrogression is your first labor filing date.
  19. aga1793

    aga1793 Registered Users (C)

    Sorry, if this sounds like a silly questions, but when my I-140 was approved, I was assigned an A#. Is that my visa #, and does it help me out with my I485 that was filed in April 2004 in any way.
  20. EricS

    EricS Active Member

    No, that is just an A# (Alien number) and is not the visa #. If your categoty is retrogressed, you need to wait for the PD to become current before 485 can be adjucated, A# does not help in this regard.

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