EB3 Numbers Will Backlog in January

Tiger3260

Registered Users (C)
Folks,

I got one of those automated email from "SHUSTERMAN'S IMMIGRATION UPDATE" whick talks about this backlog .

My question is : Does this mean it will afftec people like me who have applied under EB3 AOS and have RD in Nov . I thought this is important and thought I would hear your thoughts on this one .

It reads

Sometime within the next few days, the State Department (DOS) will post the
January 2005 Visa Bulletin online. The DOS has already announced that the
employment-based 3rd (EB-3) preference category for persons born in mainland
China, India and the Philippines will regress. By how much is anyone's guess.

Last time that the EB-3 numbers were backlogged was in June 2001. Mainland
China was backlogged for 10 months and India for 2 1/2 years. We predict that
the new backlogs will date back to 2001 or 2002.

What will the new backlogs mean for you?

First, the regressions will only affect you if you were born in one of the
"Axis of Anxiety" countries (mainland China, India or the Philippines) and you
qualify to obtain permanent residence in the employment-based third preference
(EB-3) category (professionals and skilled workers).


" * You have a pending I-485 application

Since it may take two or three years for you to adjust your status, by the time
the government is ready to make a decision on your application, your EB-3 visa
number may be current. However, if the CIS speeds up its adjustment of status
processing times, you would have to wait much longer for your I-485 to be
approved than you would if you were born another country (e.g., Monaco or
Canada). You would still be able to change jobs after your I-485 had been
pending 180 days assuming that your I-140 was approved.

Persons with pending applications for adjustment of status are entitled to
Employment Authorization Documents (EADs), and may be able to keep working in
the same or a similar occupation as that which was listed on their labor
certifications until they are approved for permanent residence.
"
 
Tiger3260 said:
My question is : Does this mean it will affect people like me who have applied under EB3 AOS and have RD in Nov . I thought this is important and thought I would hear your thoughts on this one.

This topic has been discussed extensively in the main I-485 forum (which is where this should have been posted -- this is a tracker forum) but, briefly, as the note says, you will be affected if:

+you are a native of India, China or the Philippines
+you filed in EB3
+the priority date goes back before your priority date

This priority date (PD) is the date that your labor certification was filed, which is probably at least 1 year before your I-140/I-485 was filed. Your RD has no bearing on this -- even if you filed for the GC yesterday but have a LC PD which is before the cutoff, you'll be ok.

ETA
 
Thanks ETA-GC ,

I was not sure which forum discusses about this issue . I have a ND for 485 as 11/03/03 and my LC was filed in 04/03 and approved in 08/03 and I any idea as to what this might mean ?

Tiger
 
Tiger3260 said:
Thanks ETA-GC ,

I was not sure which forum discusses about this issue . I have a ND for 485 as 11/03/03 and my LC was filed in 04/03 and approved in 08/03 and I any idea as to what this might mean ?

Tiger

Most of the discussion that I've seen is in the main VSC I-485 forum (http://boards.immigration.com/forumdisplay.php?f=96). Go to that forum and search for priority date and you will get all kinds of hits. There have also been some excellent information at www.murthy.com in the bulletins (look through the last couple months of archived bulletins).

Wow -- your labor only took 4 months!? Mine (in VA / Philly DOL) took about 18 months...

Yes, assuming you are EB3 and from one of the above-mentioned countries (born there), you could very well be affected by the PD retrogression. This would mean that your I-485 won't be approved until your PD becomes current again. Check the above-mentioned threads / urls for more info...

ETA
 
Last edited by a moderator:
Not sure i am affected or not

ETA-GC said:
Most of the discussion that I've seen is in the main VSC I-485 forum (http://boards.immigration.com/forumdisplay.php?f=96). Go to that forum and search for priority date and you will get all kinds of hits. There have also been some excellent information at www.murthy.com in the bulletins (look through the last couple months of archived bulletins).

Wow -- your labor only took 4 months!? Mine (in VA / Philly DOL) took about 18 months...

Yes, assuming you are EB3 and from one of the above-mentioned countries (born there), you could very well be affected by the PD retrogression. This would mean that your I-485 won't be approved until your PD becomes current again. Check the above-mentioned threads / urls for more info...

ETA


Hi,

I have filed for my 485 on RD:Jun 29 2004 .. I got approval on I140 on 10/14/2004.. as well on EAD and AP on Aug 08 2004 .. forgot mention i ahve filed on EB-3


Can please tell me am in affected by this ?

Adi
 
adi999 said:
Hi,

I have filed for my 485 on RD:Jun 29 2004 .. I got approval on I140 on 10/14/2004.. as well on EAD and AP on Aug 08 2004 .. forgot mention i ahve filed on EB-3


Can please tell me am in affected by this ?

Adi

Please read ETA_GC's post above which says you will be affected if :

+you are a native of India, China or the Philippines
+you filed in EB3
+Your priority date (the date you filed your labor) is beforte 01/01/2002
 
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