EB3 cutoff date update from State Dept.

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emailraja

New Member
Here's the piece on EB3 cutoff date from State Dept's Visa bulletin 76.

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D. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY IN JANUARY

In recent months we have been experiencing very heavy applicant demand in the Employment categories as the Citizenship and Immigration Service has begun to address their backlog of cases. Section 201(a)(2) of the Immigration and Nationality Act states that not more than twenty-seven percent of the Employment annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand it is likely that we will exceed twenty-seven percent of annual limit during the first quarter of FY-2005. Therefore, it may be necessary to impose an Employment Third preference cut-off date for January, to limit number use during the second quarter. At this time it is not possible to offer any estimate regarding what that cut-off date might be, but it is likely to apply only to the following chargeability areas: China-mainland born, India, and the Philippines.

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Bottomline: I'm screwed! And Condoleeza Rice is going to head the state dept. gimme a break, how much bad news can a guy take in a day :(
 
Emailraja,
This is the verbatim in the bulletin as to how they will determine the cut off dates.

"Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by November 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.

"


If i understand it right by the December 8th the consulars will request visa numbers for documentarily qualified candidates. Once they get all the requests and see how many can be given against how many are requested, they will chronologically order and apply the number of candidates,then the cut off becomes the the person's date who just gets kicked out of the grand number list.

So from Nov 8th through end of November beginning December, consulates will send out the request for the numbers and then allocations will be made.
according to the latest bulletin, it does not look that pretty.
:(

/S
 
What does it mean?

I can't understand the legal mumbo jumbo but if someone can explain in simple terms, I would appreciate it.

My file (EB3) was sent to US consulate in Mumbai on Oct 26. They send me an e-mail yesterday saying that they expect to schedule my interview in Jan 2005. But with the dates retrogressing how is it going to affect the timeframe?

My priority date is May 2003, but then again this is my second GC application! #&%*@

SDD
 
Last edited by a moderator:
Here's what my understanding is.

Citizenship and Immigration Service (CIS) has finally moved its ass and started clearing its backlog of cases. So thousands of cases have moved forward and are bumping up against the limit set by congress.
Congress allows an annual limit of 140000 green cards (with some exceptions) for Employment categories. Of these, 28.6% goes to EB2 and 28.6% goes to EB3.

=> 40040 available to EB3.

Now, during one of their crazy drunken parties, some particularly cruel congressmen thought it would be fun to screw up our lives a little more and they came up with the following inhuman, sadistic rule.

Only 27% of 40040 may be used in each of the first three quarters of a fiscal year (Oct-Sep). => Only 10810 EB3 green cards can be allotted from Oct-Dec. And only 10810 EB3 green cards can be allotted from Jan-Mar and same for Apr-June. The rest go to July-Sep.

They will easily allot 10810 EB3 green cards during Oct-Dec. So, even though there is a big line for the pink colored green cards and even though many pink colored green cards are available, they'll just sit with their thumbs up their asses waiting for time to pass.

When Jan comes around, they'll allot the next 10810. and then, the thumbs go back up to their resting place.

PS: If there is a flaw in my understanding or numbers, please inform and educate.
 
sdd said:
I can't understand the legal mumbo jumbo but if someone can explain in simple terms, I would appreciate it.

My file (EB3) was sent to US consulate in Mumbai on Oct 26. They send me an e-mail yesterday saying that they expect to schedule my interview in Jan 2005. But with the dates retrogressing how is it going to affect the timeframe?

My priority date is May 2003, but then again this is my second GC application! #&%*@

SDD
Click to expand...

Since they will probably schedule your interview soon, I think you should be safe.
 
Your logic seems reasonable. The website of the US consulate in Mumbai shows only 15 E3 (EB3) interviews in Nov. That gives about 45 per quarter. So its the increase in I485 approvals that seem to be causing this problem.

SDD


emailraja said:
Here's what my understanding is.

Citizenship and Immigration Service (CIS) has finally moved its ass and started clearing its backlog of cases. So thousands of cases have moved forward and are bumping up against the limit set by congress.
Congress allows an annual limit of 140000 green cards (with some exceptions) for Employment categories. Of these, 28.6% goes to EB2 and 28.6% goes to EB3.

=> 40040 available to EB3.

Now, during one of their crazy drunken parties, some particularly cruel congressmen thought it would be fun to screw up our lives a little more and they came up with the following inhuman, sadistic rule.

Only 27% of 40040 may be used in each of the first three quarters of a fiscal year (Oct-Sep). => Only 10810 EB3 green cards can be allotted from Oct-Dec. And only 10810 EB3 green cards can be allotted from Jan-Mar and same for Apr-June. The rest go to July-Sep.

They will easily allot 10810 EB3 green cards during Oct-Dec. So, even though there is a big line for the pink colored green cards and even though many pink colored green cards are available, they'll just sit with their thumbs up their asses waiting for time to pass.

When Jan comes around, they'll allot the next 10810. and then, the thumbs go back up to their resting place.

PS: If there is a flaw in my understanding or numbers, please inform and educate.
Click to expand...
 
Kudos emailraja

Email raja,
i think your understanding is right, the 27% rule does not make any sense
it does for one reason, if they give all teh visas in the first 6 months what will the staff in the emabassy and consulates in immigrant section do ?
so if you spread it even they will have work all around the year.

having said that the effect of running out of the visas in a given quarter makes them conviniently to delay process by introducing PD for a specific category.

If you recognize like many of us chose EB3 in Vermont when things were green for Eb3 and our friends in EB2 had to wait longer, even though that made no sense.

So at this time we can wait and see how the Dec 15th bulletin comes up.

Will the interview dates be published after Dec 15th only ? because i get to see that many of the folks knew their interview dates in the last week of October or first 5 days of November much before the 15th of the month.

Im planning to ping chennai consulate monday after thanks giving and see if they would know i will have my interview in January.

/S
 
Did any one read this ?

THOUGHTS ON THIS FAQ question.
*********************************************************
I am the beneficiary (applicant) and my case is at NVC. Now what happens?

This depends on whether or not your case is current. If your visa category is an immediate relative category (spouse, parent or child (under 21) of a U.S. citizen) then your case is automatically current. If your visa category is one of the family preference or employment categories, there are legal limits on the numbers of visas that can be issued in each category and in most categories, the demand is higher than those limits. In these categories, waiting lists have been established based on your priority date, which is the date your sponsor filed your petition with the CIS. Cutoff dates established by the Visa Office determine when your petition will be reached for processing. Your petition can only become current and thus ready for further processing when the cutoff date in your visa category has advanced up to your priority date.

If your case is about to become current, we will send you, the beneficiary, an Agent of Choice and Address letter containing the form DS-3032. You must complete the form DS-3032 and follow the instructions to continue with the visa application process. Your sponsor (petitioner) will receive an Affidavit of Support (I-864 form) processing fee bill, which will be sent directly to the petitioner by NVC.

If your case is not current, we will send you a letter informing you that we have your file at NVC and will hold it until your case becomes current. We cannot predict when a case will become current. You should monitor the movement of the cutoff dates as announced by the Visa Office to learn when your priority date is reached. To hear the cutoff dates you may call the State Department Visa Information line at 202-663-1541 or refer to the Visa Bulletin.

*********************************************************

Thoughts ?

/S
 
Sada,

Based on your info, if your case fwd'ed to chennai means, you need not to worry about PD. Thats what am thinking. Is nt it?

If PD is not current, then NVS is not going to work on it like generating fee bill etc etc. Is n't it?

Thats my 2cents :-(

Jeet
 
Sada,
The way I see it is NVC starts processing when it is close to your priority date-however NVC doesn't get a number allocated. That will happen only when the Consulate requests it.
Chances are the consulate at Chennai while entering your case has already requested for a visa number. Once the number is received they schedule your appointment. Since EB3 is still current, I think you're probably in the clear now.
The consulate people have got to be doing something over the last month since your case went there.
Chill out and get a couple more beers :-)
 
Priority date - Health care workers factor

:) I think people with PDs in 2001 need not worry. Health care workers and some therapists do not go through labor process. They can apply for I140 and
485 at the same time. Their PD is I140 receipt date.

My guess is USCIS would like to restrict the benefit of concurrent filing to Nurses and other health care workers. Because these guys get maximum benefit out of backlog reduction program.


If your PD is in 2001 sleep happily/do not drink too much Beer.
 
Priority date - Health care workers factor-Correction

Be happy if your PD is in 2002 and EB3
 
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