EB3, PD in 2003-Please share info

G

ggsr

Registered Users (C)
Hi,

NVC has just generated fee bill for my case. Mine is EB3, PD May 2003, Montreal consulate.


Is it a good idea to file for AOS before Dec31, 2004 if PD go back to 2002?
If PD move back 2 years from now, do we have to wait 2 years to get Consulate appointment?

If you are EB3 and have an earlier priority date ( after Jan 1, 2003) please share views, opinions and AOS filing stratagies.

Any input/advise from Gurus, old times who are familiar with PD issue is highly appreciated.

Thank you
 
If you were not born in China-mainland , India, or the Philippines, you have nothing to worry about. Otherwise, you'll probably have to wait. no one knows how long.
 
EB3
Pd date sep 10 th 2002
Case reviewing in NVC
fingers crossed abt the PD date
 
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How does it affect case in consulate

guys,
how does this affect the cases that are review complete and waiting for interview
will it sit in the consulate for 2 or 3 years as every one is saying is that true ?

/S
 
r_sada said:
guys,
how does this affect the cases that are review complete and waiting for interview
will it sit in the consulate for 2 or 3 years as every one is saying is that true ?

/S
Click to expand...
*--------------------------------------------------------------------

It all depends on the cut-off date established by DOS. If the cut-off date is 2 or 3 years prior to your priority date, you may have to wait a long time. If you miss the boat by les than 12 months , the chances are very high to get a consular appointment when they allocate new visa numbers on 10-01-2005 ( Next immigration fiscal year).

( This is just my personal opinion)
 
Once and for all: A visa number must be available (means your priority date should be current) at EVERY STAGE in the process. Just because it went from stage i to stage i+1 doesn't mean you're through. Even if it has reached consulate, it can still wait there for years. Finally, the consulate asks NVC to ISSUE you a visa number and only then schedules an interview. Until you get the interview call, there is NO GUARANTEE of anything.

On the question of how the visa number is allocated. Your priority date is your labor application date. Your priority date indicates how old your application is.

Congress has allotted some number of visas to EB3. And NVC can allot only a certain number (x) of visas every quarter. So the que starts building up. There is no que now. But Oct-Dec quarter is getting over. For Jan quarter, there will be a que.

So they sort the applications for I-485 and CP by date and the oldest x applications are given visas. The state dept is saying that you and I completed the obstacle course too soon, so we will have to stand aside and wait for the oldies to go through. When yours becomes the oldest application, you will get a visa. The priority date for the last application getting a visa becomes the cutoff date. So if your priority date is before the cutoff date, you get a green card interview or I-485 decision, otherwise not.

Most likely, the cutoff date is going to be in 2001 or early 2002.
 
emailraja said:
So they sort the applications for I-485 and CP by date and the oldest x applications are given visas. The state dept is saying that you and I completed the obstacle course too soon, so we will have to stand aside and wait for the oldies to go through. When yours becomes the oldest application, you will get a visa. The priority date for the last application getting a visa becomes the cutoff date. So if your priority date is before the cutoff date, you get a green card interview or I-485 decision, otherwise not.
Most likely, the cutoff date is going to be in 2001 or early 2002.
Click to expand...

Emailraja,
this is what i understood as well, but when you say they sort the applications
are you meaning all the pending applications ?
OR applications that passed all the review phase and ready for adjudication ?
Thats where im not sure.
I will quote this excerpt from the visa bulleting
<quote>
"
This bulletin summarizes the availability of immigrant numbers during December . 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.
" </quote>

So its the only people who the BCIS and COnsulars are ready to adjust status and not all who have applied i beleive.
Let me know
 
I think they mean applications that passed all the review phase, all documents so far look ok, and ready for adjudication.

The consular posts and CIS send NVC the priority dates for all such applications and NVC makes a decision.
 
visa numbers and CP process clarification

I was reading the following link
and this seems to indicate that visa number is generated by the time the case goes to consulate. (Check footnote on step 6 - marked +)

Any comments ? How would the EB3 regress issue affect cases already sent to the consulate ?

thx.
 
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skater said:
I was reading the following link
and this seems to indicate that visa number is generated by the time the case goes to consulate. (Check footnote on step 6 - marked +)

Any comments ? How would the EB3 regress issue affect cases already sent to the consulate ?

thx.
Click to expand...
Good link, skater. I think it goes to the consulate between Step 4 and 5 in II. So they ask for the visa number after it goes there. If there are any experts here, please correct me if I'm wrong.
 
emailraja,
as far as i understand i gathered after the case review is completed by NVC it takes 10 days for NVC to send the case to Consulate and in the thread and some other lawyer websites, i gather that the case gets send to consulate after the visa number is allocated .

Good quote
<QUOTE>
The NVC schedules IV appointments at consular posts during the first week of each month. The appointments themselves are generally set two months later. For example, if the Visa Office notifies the NVC of visa number allocations for an approved I-140 foreign worker and his family members on February 10, the NVC would schedule during the first week in March a consular appointment for early May (11 weeks total).
</QUOTE>

If i follow this example
My case completion would have been notified to Visa office in DC in the October month (im assuming around 10th). NVC should schedule an interview in November for a consular appointment of January (11 weeks)

This is one website that clearly explains how the nuts and bolts of the process works. Definitely informative.
Hope for the best i think we will hear from consulate only after monday next week.
Tough week to push :(

/S
 
Please share some info for observation

Following the link gave by skater, there are some interesting observations.
Those who are awaiting a Jan/Feb interview can you post your Case review complete dates.

In my case , review complete was on Oct 5th,2004 and case sent to consulate was Oct 16th.
I beleive from the link, it shows that NVC sends a request to District Visa office in Washington DC for a visa number allocation and then passes the case to consulate.
Every month 10th they(NVC as per the link) schedule the interview dates for the month after (not the next month but month after)
So im willing to bet that if a case forward date before the end of calendar month (say before 30th or the last working of the month example -- before Sept 30th,2004) the candidate will have an interview in December,
The theory behind that is
1.Case review completed by NVC ( 10 days before case forward in this case like Sept 20th 2004)
2.NVC requests Visa number from District office
3.Assume response comes back from District office before the end of the month or early (before 10th of the following month -- October)
4.Case gets forwarded by NVC to consulate and a completion letter to attorney.
5.On the 10th of the month(October in this case) they(NVC) schedule the interviews for month of December ( not November) according to the link

So by following this logic i can reason out the folks like Sanjay76 got their interviews in December
Following are some examples

Candidate Case sent to Consulate ID
Sanjay76 9/29/04 12/09/04
Sachin 9/24/2004 December interview
Sachingp 10/6/2004 12/27/04
SAMNC 08/31/04 November
Kumar46 9/8/2004 November


There was one case for spb999
for which i could not apply any logic, unless it was a AC140 case.

anyways some of my thoughts
does it make any sense at all
sleepless nights = crazy logic

/S
 
ggsr said:
*--------------------------------------------------------------------

It all depends on the cut-off date established by DOS. If the cut-off date is 2 or 3 years prior to your priority date, you may have to wait a long time. If you miss the boat by les than 12 months , the chances are very high to get a consular appointment when they allocate new visa numbers on 10-01-2005 ( Next immigration fiscal year).

( This is just my personal opinion)
Click to expand...


GGSR,
i agree, the other observation i also had from past history of how PDs have moved. There is a good chance in JULY 2005

Its the first month of the last quarter and hence the quarterly alllocation rule does not hold good.

""Visa Bulletin quote
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.
""""

PLUS left over visa numbers from other Employment categories can flow into oversubscribed categories
""Visa Bulletin quote
First : Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third : Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

""""""

Based on these 2 facts if the demand is less than all the available numbers after left overs from EB1 and EB2 are applied then it could become current
Butdepends on how many are in queue.

/S
 
Update on PD

I got some answers from my Lawyer that might help the forum.

- It is still not clear what dates the Retrogression would occur.Can be checked on 15th dec on Visa Bulletin. (That everyone knows ...)

- While the PD are current and even though the case is at Consulate for CP, still you can switch to I-485 Adjustment of Status. - So we get 15 days to switch to I-485 as worst case scenerio.

- There is provision at this stage to 7th year Extension if the H1B limit ceases during wait at Consulate for the PD.

Thanks
 
What will we get by switching to 485 in that 15 days ?
Do you think the USCIS will accept and process and will you get the derived benefits like AP, EAD card etc.
Is it worth taking the effort ? comments please

/S
 
15 days? My lawyer says the bulletin is supposed to be out on 12th. That's 2 working days. Even if you assume 15th, it's 5 days.
 
emailraja,
the assumption was you have time till end of the month and visa bulletin will be effective only from Jan 1st.
/S
 
I did that with my first gc process. Was about to pay the fee bill, figured I might get laid off, changed the process to I485. Got EAD, AP etc and started working on EAD after 6 years on H1.

Meanwhile, My wife's GC application is for CP / EB3. Waiting to see how things shape up in the next few days.

sdd


r_sada said:
What will we get by switching to 485 in that 15 days ?
Do you think the USCIS will accept and process and will you get the derived benefits like AP, EAD card etc.
Is it worth taking the effort ? comments please

/S
Click to expand...
 
sdd,
we were discussing in the stage where the case already went to consulate not before paying fee bill.

/S
 
new dates are out

All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
Employment-Based
1st C C C C C
2nd C C C C C
3rd C 01JAN02 01JAN02 C 01JAN02
Other Workers C C C C C
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employment Areas/Regional Centers C C C C C
 
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