EB3 Retrogession Jan 2005 - Back by 3 years 1/1/2002
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delhi_fornia
Registered Users (C)
What does the cut-off date signify? Is it the filing date of the labor certification or approval date of labor ?
saching_usa
Registered Users (C)
Guys please reply .. I need to know this answer too.
From www.murthy.com
Employment Visa Numbers Retrogress!
Dec 09, 2004
As predicted, the Department of State (DOS) has announced that the Employment Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date. The DOS has indicated that further retrogression may be possible in future months. For a detailed analysis of the implications of retrogression, see our Sep 24, 2004 article, Priority Dates May Retrogress <murthy.com/news/n_pridat.html>, available on MurthyDotCom. The DOS Visa Dates <murthy.com/visadate.html> are also available on MurthyDotCom.
© The Law Office of Sheela Murthy, P.C. (2004)
Employment Visa Numbers Retrogress!
Dec 09, 2004
As predicted, the Department of State (DOS) has announced that the Employment Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date. The DOS has indicated that further retrogression may be possible in future months. For a detailed analysis of the implications of retrogression, see our Sep 24, 2004 article, Priority Dates May Retrogress <murthy.com/news/n_pridat.html>, available on MurthyDotCom. The DOS Visa Dates <murthy.com/visadate.html> are also available on MurthyDotCom.
© The Law Office of Sheela Murthy, P.C. (2004)
delhi_fornia said:
It is the filing date of the labor certification
Hope this will help
http://www.hooyou.com/lc/priority_date.html
http://workforcesecurity.doleta.gov/foreign/perm.asp
Follow http://www.immigrationportal.com/showthread.php?t=154145 for an interesting discussion ...saching_usa said:
it does not effect you
Retrogression of these dates will impact people who still have their Labor pending. They would not be able to file for I-485 as soon as their labor is approved. They will have to wait until the visa bulletin moves the date past their priority date(day on which the labor was filed) to file for I-485.
Retrogression of these dates will impact people who still have their Labor pending. They would not be able to file for I-485 as soon as their labor is approved. They will have to wait until the visa bulletin moves the date past their priority date(day on which the labor was filed) to file for I-485.
GC_GoneCase
Registered Users (C)
In my openion, it will effect all those who have labor date prior to 1/1/2002 and 485 not filed. Even if 140 is approved but 485 is not applied, they would also be effected if the labor priority date was prior to 1/1/2002.
garu1gsr said:
logically it should not
The cut-off dates are realated to visa numbers. The reason why they let people apply for 485 all these days ...was because the numbers were available...the cut-off date has no relation to processing. it is linked only to making a 485 application to the service center. This is how it used to be a few years back before Clinton singed AC21.
The cut-off dates are realated to visa numbers. The reason why they let people apply for 485 all these days ...was because the numbers were available...the cut-off date has no relation to processing. it is linked only to making a 485 application to the service center. This is how it used to be a few years back before Clinton singed AC21.
according to murthy.com it will effect even pending 485
My understanding is incorrect please read the last paragraph of
http://www.murthy.com/news/UDpdhdtw.html
My understanding is incorrect please read the last paragraph of
http://www.murthy.com/news/UDpdhdtw.html
Got this from my lawyer
As previously reported, this means that for EB3 applicants from China, India, and the Philippines, their eligibility to file an I-485 application for Adjustment of Status, and the rate at which pending applications in these categories would be approved and issued, would be restricted according to the State Department's priority date system. Each immigrant visa petition has a priority date associated with it (e.g., the date the original application for labor certification was filed, or the date the I-140 petition was filed if no labor certification was required in the category).
The priority date system directly impacts employment based green card applicants in the following ways:
Individuals who have not yet filed their I-485 application for adjustment of status will be eligible to file that application only when their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);
Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;
Individuals with approved I-140 petitions who apply for their immigrant visa through a US consulate in their home country must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate.
As previously reported, this means that for EB3 applicants from China, India, and the Philippines, their eligibility to file an I-485 application for Adjustment of Status, and the rate at which pending applications in these categories would be approved and issued, would be restricted according to the State Department's priority date system. Each immigrant visa petition has a priority date associated with it (e.g., the date the original application for labor certification was filed, or the date the I-140 petition was filed if no labor certification was required in the category).
The priority date system directly impacts employment based green card applicants in the following ways:
Individuals who have not yet filed their I-485 application for adjustment of status will be eligible to file that application only when their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);
Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;
Individuals with approved I-140 petitions who apply for their immigrant visa through a US consulate in their home country must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate.
How It affect LC Sub /I-140 approved cases?
Hi All,
My I-140 ws recently approved using LC-Sub in EB-3 from CSC, LC sub has date Nov 2001, but LC Sub ws used to File I-140 in 10 Dec 2003. What is priority data in my case. Is it when LC Sub was filed or when my I-140 was files? In what catagory my case will fall if filed before 31st Dec 2004?
Hi All,
My I-140 ws recently approved using LC-Sub in EB-3 from CSC, LC sub has date Nov 2001, but LC Sub ws used to File I-140 in 10 Dec 2003. What is priority data in my case. Is it when LC Sub was filed or when my I-140 was files? In what catagory my case will fall if filed before 31st Dec 2004?
In Simple English
I have put in Simple english.
What my lawyer told me is..............as follows.
These PD is nothing to do with either 485 filed or not filed.
This is the number of visa or GC can be given to specific countries,
Since the numbers were availbale Back in july 2001, they passed Ac21 so that all the countires ad PD as current. But now Due to the heavy of applications filed for 485, they do not want to accept any more applications.
This is some thing like a waiting period and breathing time for them. When the visa numbers are available they will move the dates.
Who ever getting their 485 approved before dec1st, then they will have numbers to issue GC. ( i mean they are lucky.. because they will not see PD... This means with out seeing PD they will issue GC.)
but when by Jan 1st 2005. They willl start seeing PD dates for all 485 applications, if it is already filed, then it will be sleeping and process will initiated only when the PD date moved.
By mistake if you file 485 with a future PD date, then also your applications might get accepted, but you 485 might get denied .. simple because you filed like dumb. ( this will not happen for those 485 is pending..this is the only difference)
Ok let us discuss about PD dates.
1.PD for eb3 is labor filed date.
2.who does not have labor then it is 140 date.
3.people who applied 140 by the benifit of a pre approved labor . then PD date is 140 filed date.
4. People who have already applied 485 and 140, they are lucky if they get their ead before dec 31st or else they will be put in the queue and PD dates will apply for them as per they are 1,2 or 3
Hope this helps.
Any way call your lawyer and check depending upon your case.
I have put in Simple english.
What my lawyer told me is..............as follows.
These PD is nothing to do with either 485 filed or not filed.
This is the number of visa or GC can be given to specific countries,
Since the numbers were availbale Back in july 2001, they passed Ac21 so that all the countires ad PD as current. But now Due to the heavy of applications filed for 485, they do not want to accept any more applications.
This is some thing like a waiting period and breathing time for them. When the visa numbers are available they will move the dates.
Who ever getting their 485 approved before dec1st, then they will have numbers to issue GC. ( i mean they are lucky.. because they will not see PD... This means with out seeing PD they will issue GC.)
but when by Jan 1st 2005. They willl start seeing PD dates for all 485 applications, if it is already filed, then it will be sleeping and process will initiated only when the PD date moved.
By mistake if you file 485 with a future PD date, then also your applications might get accepted, but you 485 might get denied .. simple because you filed like dumb. ( this will not happen for those 485 is pending..this is the only difference)
Ok let us discuss about PD dates.
1.PD for eb3 is labor filed date.
2.who does not have labor then it is 140 date.
3.people who applied 140 by the benifit of a pre approved labor . then PD date is 140 filed date.
4. People who have already applied 485 and 140, they are lucky if they get their ead before dec 31st or else they will be put in the queue and PD dates will apply for them as per they are 1,2 or 3
Hope this helps.
Any way call your lawyer and check depending upon your case.