Eb3 Rest Of The World 2007

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david_lyon

Registered Users (C)
Any predictions for EB3 rest of the world for FY 2007?

My PD is Nov 22 2002. Any ideas when it will become current and the length of time required for the I485 to be completed?

Like some I am somewhat enraged, angered and bitter during my wait but I appreciate that there has been many many more individuals who have waited longer and in more dire circumstances of which I bow in respect......


Thanks in advance
David
 
one option

I do not know the answer for how long is going to take to reach your 2002 PD, I think no one in this forum could.

if you do not want to wait just get married to an american citizien..GC will arrive a few more months after the merriage..

good luck
 
he he he........My PD is EB3 22 AUG 2002, and I have stopped worrying about predictions, after last three bulletins without any movement.
 
david_lyon said:
Any predictions for EB3 rest of the world for FY 2007?

My PD is Nov 22 2002. Any ideas when it will become current and the length of time required for the I485 to be completed?

Like some I am somewhat enraged, angered and bitter during my wait but I appreciate that there has been many many more individuals who have waited longer and in more dire circumstances of which I bow in respect......


Thanks in advance
David
Click to expand...

With the approvals of cases from BECs, EB3 ROW is expected to move backward in near future. People with PD is 2005 and 2006 are bascially, f'ed up pretty bad.
 
david_lyon said:
Any predictions for EB3 rest of the world for FY 2007?

My PD is Nov 22 2002. Any ideas when it will become current and the length of time required for the I485 to be completed?
Click to expand...

We have almost the exact same PD!

My opinion is, without legislation to change the number of visa, I won't be getting my GC in the near future.

NN
 
spoke to my lawyers and they said within 6 months or more likely sooner the EB3 Rest Of The World will be at least Dec 2002 they predicted......

Any one agree or disagree with that prediction?
 
david_lyon said:
spoke to my lawyers and they said within 6 months or more likely sooner the EB3 Rest Of The World will be at least Dec 2002 they predicted......

Any one agree or disagree with that prediction?
Click to expand...

I have to disagree. We've already seen EB3 RoW move from April 2001 to Aug 2002 in less than a year. And now, it hasn't moved in the last two visa bulletins.

Read this thread: From the horse's mouth

My guess is we have either seen, or will see shortly, the end of EB3 RoW cut-off date progression. We may seen the date move to Sept 2002, but my guess is that it will start moving backwards very soon.

I'm in the same boat as you, we're both really close to the cut-off.

Without new legislation, I can't see my priority date becoming current until late 2008.

I think the next bulletin will be the key. If the date doesn't move again, it won't for a while. If we see a big jump, say to Oct 2002, then maybe we'll get our GC this year.

NN
 
spoke to the lawyers again and they said they talked to the person in charge who is responsible for the cut of dates and thats how they were coming up with the 6 month prediction.

This person/persons who establishes the cut off dates must be a very popular person judging by those who claim to have been getting inside information from him.....mdh3000 u might be right I have no idea but I do agree this coming months visa bulletin will be a key predictor for the coming summer.


saras76 and unitednations and others what are your thoughts?
 
david_lyon said:
spoke to the lawyers again and they said they talked to the person in charge who is responsible for the cut of dates and thats how they were coming up with the 6 month prediction.
Click to expand...

Interesting.

If EB3 RoW hits Dec 2002 in the next six months, that would be great. However, I think it will be rather unlikely.

mdh
 
I-485 application

Hello,

I am a little confused here, I'm sure someone can clear it out.

I thought one could not send the I485 application until their priority date was current? Is that not true?

The reason I ask is my PD is also sometime in Nov 02, and I recently had my 140 approved. I am wondering if I can send in my 485 application. Is that possible or do I have to wait?

I see some of you have already sent the 485 in, how'd you do that?

Thanks for clearing my confusion in advance...:)


Stoned!
 
voldemarv said:
It was long long ago when there was no such word as retrogression ...
Click to expand...

There is another option even to be retrogressed and to have I485 filed.
I know at least one guy who has I485 filed some time in 2006 (when retrogression existed) and his category is EB3.

Sometime in the middle of 2006 his lawyer files concurrently I140 and I485 in EB2 category, in a couple of weeks he gets RFE from USCIS and was enforced to change category to EB3. However they did not deny his I485 application and he successfully got recently the second EAD and AP and coninues to use benefits of I485 filed.
 
sfmars said:
There is another option even to be retrogressed and to have I485 filed.
I know at least one guy who has I485 filed some time in 2006 (when retrogression existed) and his category is EB3.

Sometime in the middle of 2006 his lawyer files concurrently I140 and I485 in EB2 category, in a couple of weeks he gets RFE from USCIS and was enforced to change category to EB3. However they did not deny his I485 application and he successfully got recently the second EAD and AP and coninues to use benefits of I485 filed.
Click to expand...
You can't rely on USCIS errors. Also it could be a basis for future denial. By law visa should be immediately available at the time of filing.
 
Depends ..

david_lyon said:
spoke to the lawyers again and they said they talked to the person in charge who is responsible for the cut of dates and thats how they were coming up with the 6 month prediction.

This person/persons who establishes the cut off dates must be a very popular person judging by those who claim to have been getting inside information from him.....mdh3000 u might be right I have no idea but I do agree this coming months visa bulletin will be a key predictor for the coming summer.


saras76 and unitednations and others what are your thoughts?
Click to expand...

david_lyon,

If it is true that EB2 ROW visas are flowing to EB3 ROW then EB3 ROW should move ahead in the coming months. The progression maybe slow though. That being said, there are to many unknowns in this equation and its next to impossible to come up with any sort of accurate prediction. The best thing to do is to observe the monthly visa bulletins and read up on the offical updates from USCIS/DHS and DOL. Only they know whats going on (I hope they do anyway) and none of us can figure this one out.

cheers,

saras
 
voldemarv said:
You can't rely on USCIS errors. Also it could be a basis for future denial. By law visa should be immediately available at the time of filing.
Click to expand...

Due to their error a lot of people in EB3 with PD 2003/2004 have I485 filed "long time ago", and everybody knows that there is no basis for their future denial.

I do not think there was an error in that case, if it is an error that guy would not get the second EAD/AP being in thart status. Since they accepted I485 document and did not return it back, they need to make final decision.

BTW I do not think that was a law that if your PD is not current you can not file I485, I think that was internal rule of INS and the law itself says you can not get I485 approval unless PD is current only. Otherwise they would return back the I485 documents for those whose PD became not current.
 
sfmars said:
Due to their error a lot of people in EB3 with PD 2003/2004 have I485 filed "long time ago", and everybody knows that there is no basis for their future denial.
Click to expand...
What error are you talking about? Visa was available at the time of filing.
 
PD must be current at the time of filing for I-485

sfmars said:
Due to their error a lot of people in EB3 with PD 2003/2004 have I485 filed "long time ago", and everybody knows that there is no basis for their future denial.

I do not think there was an error in that case, if it is an error that guy would not get the second EAD/AP being in thart status. Since they accepted I485 document and did not return it back, they need to make final decision.

BTW I do not think that was a law that if your PD is not current you can not file I485, I think that was internal rule of INS and the law itself says you can not get I485 approval unless PD is current only. Otherwise they would return back the I485 documents for those whose PD became not current.
Click to expand...

Incorrect. Visa number must be avaiable at the time of filing and at the time of approval.

Section 245 of the Immigration and Nationality Act (the Act) allows the Attorney General in his or her discretion to adjust the status of an alien to that of a lawful permanent resident (LPR), in lieu of consular visa processing, while the alien remains in the United States. In order to be eligible, the alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, have an immigrant visa immediately available and, with some exceptions, have maintained lawful nonimmigrant status.

http://www.lexisnexis.com/practiceareas/immigration/pdfs/web602 I-485 Supp A_106 late.pdf
_________________
desi3933@gmail.com
 
desi3933 said:
Incorrect. Visa number must be avaiable at the time of filing and at the time of approval.

Section 245 of the Immigration and Nationality Act (the Act) allows the Attorney General in his or her discretion to adjust the status of an alien to that of a lawful permanent resident (LPR), in lieu of consular visa processing, while the alien remains in the United States. In order to be eligible, the alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, have an immigrant visa immediately available and, with some exceptions, have maintained lawful nonimmigrant status.

http://www.lexisnexis.com/practiceareas/immigration/pdfs/web602 I-485 Supp A_106 late.pdf
_________________
desi3933@gmail.com
Click to expand...


This document just regulate adjustment of status for illegals 245i.

It does not have that statement which you highlighted in the subject of your message. It says only that AOS can not be done and even support my point of view saying that AOS (approval of I485) can be done only when PD is current.

Eligible for AOS means only PD is current regarding approval of AOS it does not say anything about filing of AOS when PD is current.
 
unitednations said:
Sfmars; you may have found a key thing here. I don't know why everyone wants legislative change to allow 485 filing when according to you it is allowed or USCIS discretion.

I don't know why you haven't sent in your 485 yet. Perhaps you should do so and if USCIS sends it back you should continue to re-send it and then ultimately sue them for not accepting it. :D :D :D
Click to expand...

In any case I decide what to do myself and do not listen to any kind of "immigration practitioners"
 
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