EB3 Retrogression and Pending applications

D

dynobuoy

Registered Users (C)
Murthy's site confirms that by Jan 2005 the EB3 Employment Visa numbers would retrogress (which will eventually be followed by other emp categories) to Januar 2002. This means that any labor / 140 application filed after Jan 2002 will not be allowed to file 485 until the dates become current. People who have not filed concurrent will be the most affected as they cannot use the benefit of EAD.

However the question remains about pending 485s either concurrent / regular. How is USCIS going to treat these cases? Would they have to wait for a Visa number? Or when is the Visa number assigned to a case.

A friend of mine suggested that the Visa numbers are allocated as soon as one files 485. The Alien number that one gets after filing 485 has a corresponding Visa numbers. So as per his contention people with pending 485 need not worry about retrogression. He said he got this info from one of the paralegals, so I am not sure how much I can trust that.

I appreciate anyone with knowledge abt Visa numbers and retrogression to address this.

TIA
dyno
 
I think the visa number is allocated the moment the I-485 application is approved, not after the filing. As a consequence, the pending I-485 EB3 cases for applicants born in China, India, and the Philippines whose PDs are or later than the cutoff date of January 1, 2002 will not be approved until the dates becomes current. Per immigration-law.com:

"The I-485 applications which are pending as of January 1, 2005 will go into a long dormant stage within the agency until certain date which is close to the date when the visa number will become available for him or her."

It looks like the visa number is available only when the PD is earlier than the cutoff date.
 
What if a VISA # is available but PD has not crossed his / her PD ?

Some of the senior over here say ( having GC ) that typically it takes one month for the PD to move by one month ( sometimes it moves by 1.5 months ). Consider 9-10 months for a PD to move by 1 year.
Pretty SAD :o
 
My analysis

Visa Numbers :
I think that visa numbers are counted when the I485 is approved. Assigning a A# at the time of I485 receipt does not mean that visa is allotted. Actually when we go for stamping the clerk checks if visa numbers are available and stamps the passport only if the visa numbers are available.

Pending applications :
I think that the pending EB3 applications from the 3 countries will go into a dormant state till their PD becomes current. INs might allow (almost surely) EAD/AP renewals during this dormant period.

Movement of PD :It's impossible to predict it based on historical patterns because it all depends on demand / supply situation. This country has never experienced this kind of super heavy demand for EB visas. So histoical patterns may not give the correct future direction. Personally, i wouldn't see much chances for the dates to retrogress further. The dates should advance forward albeit slowly :o (may be at an average pace of 1 month forward for each month)
 
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