EB3 Retrogression in Oct 2008

[khadash]

After the Sepetember bulletin was out today one thing is 100% sure and that is more retrogression is on the way. I am expecting that cut off for the Oct 2008 bulletin will be around either April 2001 or may be even Jan 2000.Beleive me I do not think one bit of this as speculation in fact a very immediate possibility not to mention in the least that I am alsom one of the victims.
EB3 India
PD Oct 2002
140 Approved Oct 2004
485 Filed Oct 2004 and pending since then.

Read the following text from the USCIS Sep VB and you will kmnow that I am right.

D. VISA AVAILABILITY FOR OCTOBER

The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.

 

[immi_mygc]

After the Sepetember bulletin was out today one thing is 100% sure and that is more retrogression is on the way. I am expecting that cut off for the Oct 2008 bulletin will be around either April 2001 or may be even Jan 2000.Beleive me I do not think one bit of this as speculation in fact a very immediate possibility not to mention in the least that I am alsom one of the victims.
EB3 India
PD Oct 2002
140 Approved Oct 2004
485 Filed Oct 2004 and pending since then.

Read the following text from the USCIS Sep VB and you will kmnow that I am right.

D. VISA AVAILABILITY FOR OCTOBER

The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.

What I undestand it says it may not possible for those filed during June. I would assume the PD was Jan 2003 in June 2007 for those filed. It could go before that date it means it could be around May 2001. If it has to retrogressed it would be between May - Oct 2001. But I wish it should not be the case date should move at least to 2003 - 2004 for EB3.

 

[khadash]

What I undestand it says it may not possible for those filed during June. I would assume the PD was Jan 2003 in June 2007 for those filed.

It could go before that date it means it could be around May 2001. If it has to retrogressed it would be between May - Oct 2001. But I wish it should not be the case date should move at least to 2003 - 2004 for EB3.

I would assume the PD was Jan 2003 in June 2007 for those filed.

I am asuming you are referring to June 2008 and not June 2007. In june 2008 the PD was Nov 2001 and therefore if further retrogresion is done it would have to be prior to Nov 2001.

But I wish it should not be the case date should move at least to 2003 - 2004 for EB3..

For sure PD is not going to be 2002/2003 and defintaley not 2004 in Oct 2008.

 

[immi_mygc]

I am asuming you are referring to June 2008 and not June 2007. In june 2008 the PD was Nov 2001 and therefore if further retrogresion is done it would have to be prior to Nov 2001.



For sure PD is not going to be 2002/2003 and defintaley not 2004 in Oct 2008.

I think you may be right... It may go back beyond Nov 2001. Hope not but it is possible. That case one should make up mind to use EAD as greencard and carry on the life without much worrying act21 as long as you work in the similar field.

 

[atyagi73]

I will be damn..

I think you may be right... It may go back beyond Nov 2001. Hope not but it is possible. That case one should make up mind to use EAD as greencard and carry on the life without much worrying act21 as long as you work in the similar field.

I will be damn if it goes back to Apr 2001

But nothing surprises me.

 

[ses12345]

I hope not as it will be another cycle and we will move it back to 2000 and then by next June will be till NOV 2001. I do not look at this information anymore. I only visit this site once a month.

PD NOV 2001 EB3 India

 

[istrategist]

ditto

I visit just around the time VB is to be released or shortly thereafter...

I hope not as it will be another cycle and we will move it back to 2000 and then by next June will be till NOV 2001. I do not look at this information anymore. I only visit this site once a month.

PD NOV 2001 EB3 India

 

[billofempire]

Please advise Gurus
I have a very different situation.
I have H4 stamped Visa till August 2009 and I have unused Advance Parole valid till October 10, 2008.
I have EAD as well.
I- 485 Pending more than 180 days.
Approved I-140.
Rest of the world category.
I-485 Receipt Date September 29,2007.
If I travel abroad , do I have to apply for new Advance Parole because I will leave in first week of October for six months or more.
Q 1: Can I come back to US in August before the H4 expires on valid visa but expired Advance Parole?
Q2: If principal applicant applies for third extension of H1 while I am (H4)out of country, is there going to be a problem for dependent H4 third extension ?
Q3: If H4 gets extended, is US consulate abroad going to stamp new extension on H4 candidate who has EAD and expired Advance Parole?

 

[ginnu]

Please advise Gurus
I have a very different situation.
I have H4 stamped Visa till August 2009 and I have unused Advance Parole valid till October 10, 2008.
I have EAD as well.
I- 485 Pending more than 180 days.
Approved I-140.
Rest of the world category.
I-485 Receipt Date September 29,2007.
If I travel abroad , do I have to apply for new Advance Parole because I will leave in first week of October for six months or more.

Q 1: Can I come back to US in August before the H4 expires on valid visa but expired Advance Parole?
--------------------------YES, if your spouse is on Valid H1 status and you have Valid H4 visa stamp in passport (i dont know the date your H4 gets expired it is better to enter 10-15 days before your H4 visa stamp expires and then after entry to US file the H4 extension as you will get H4 based I-94 till Visa stamp expiry date)Q2: If principal applicant applies for third extension of H1 while I am (H4)out of country, is there going to be a problem for dependent H4 third extension ?
----------- if you are out of US and your spouse file H1 extension and gets H1 Ext approved and if you have valid H4 Visa to enter then at POE show Valid H4 Visa stamp AND Spouse H1 extension approval and you will get I-94 till spouse H1 extension approval. If you are out of US and your H4 visa gets expired and your spouse H1 extension gets approved then your spouse need to send you H1 extension approval notice and you can get H4 visa stamp from US consulate.Q3: If H4 gets extended, is US consulate abroad going to stamp new extension on H4 candidate who has EAD and expired Advance Parole?
-----------------YES, having EAD not problem but with Expired AP you cant enter US you need to get H4 visa stamp. Many keep valid AP so that if any problem in H4 visa stamp one can use valid AP to enter US.

------------------ Best option is to come back before your current H4 Visa stamp gets expired (be back 10-12 days before H4 visa stamp gets expired so that you can immediately file H4 extension when enter US and extension must reach USCIS before your I-94 gets expired)

 

[activex111]

I will be damn if it goes back to Apr 2001

But nothing surprises me.

This is getting increasingly frustrating.. (I see that you have a PD of 12/01, even worse than most of us here). Most of the EB2 folks are getting approval with PD from late 2005 to early 2006, but EB3 is not seeing a light at the end of tunnel.
I had hopes that the new year quota will move forward faster, but reading the comments from this post, it seems like it is going to get stuck in the same time frame..

 

[activex111]

They dont have a GC for us for years and if we use AC21, now they are asking lot more questions.. You guys probably saw the post from our immi guru "Ginnu" , http://www.immigrationportal.com/showthread.php?t=284585
are you expected to have same job duties even after all these yrs of experience?

I think you may be right... It may go back beyond Nov 2001. Hope not but it is possible. That case one should make up mind to use EAD as greencard and carry on the life without much worrying act21 as long as you work in the similar field.

 

[atyagi73]

This is getting increasingly frustrating.. (I see that you have a PD of 12/01, even worse than most of us here). Most of the EB2 folks are getting approval with PD from late 2005 to early 2006, but EB3 is not seeing a light at the end of tunnel.
I had hopes that the new year quota will move forward faster, but reading the comments from this post, it seems like it is going to get stuck in the same time frame..

And on top of it ...I was eligible for EB2 but my employer messed up It is so hurtful

 

[activex111]

And on top of it ...I was eligible for EB2 but my employer messed up It is so hurtful

Same thing here dude, I had EB2 paygrade, US Masters degree + 5 yrs exp, but the lawyer screw*d up big time and filed in EB3..
hey, did you at any point looked at doing EB2?I had asked my lawyer multiple times and he told me that it will invalidate the existing EB3 app. However, i am seeing all these posts here and some other forums where people filed another 140 in EB2 and ported their EB3 PD date to EB2. 140 is takign too long these days, otherwise i would still file EB2 140 given the situation of EB3.

 

[activex111]

Guess where would Oct 08 for EB3 India?

Hi All,

based on your reading, or knowledge of the system gathered in the process, does anyone else would like to guess how EB3 will open in Oct 08 or progress through next few months? That will help a alot of EB3 folks stuck in the queue. Thanks in advance

 

[gamin786]

converting to eb2

Same thing here dude, I had EB2 paygrade, US Masters degree + 5 yrs exp, but the lawyer screw*d up big time and filed in EB3..
hey, did you at any point looked at doing EB2?I had asked my lawyer multiple times and he told me that it will invalidate the existing EB3 app. However, i am seeing all these posts here and some other forums where people filed another 140 in EB2 and ported their EB3 PD date to EB2. 140 is takign too long these days, otherwise i would still file EB2 140 given the situation of EB3.

whats eb2 paygrade? what are the eligiblities for eb2? Do you have to have US Masters + 5 yrs experience? Can my experience with my current employer be counted in my 5 yrs experience?

 

[activex111]

Hi Gamin,
this question has been answered number of times on this forum. but i am surprised that you are raising this when you already have gone through this process with your approved 140. do you know the category of your 140?
EB2 is the cateogry where job requires masters deg or 5+ yrs relatd experience. Lot of companies try to pass an EB3 level job as EB2, but the pay offered reflects it and may raise a RFE.

whats eb2 paygrade? what are the eligiblities for eb2? Do you have to have US Masters + 5 yrs experience? Can my experience with my current employer be counted in my 5 yrs experience?

 

[gamin786]

Hi Gamin,
this question has been answered number of times on this forum. but i am surprised that you are raising this when you already have gone through this process with your approved 140. do you know the category of your 140?
EB2 is the cateogry where job requires masters deg or 5+ yrs relatd experience. Lot of companies try to pass an EB3 level job as EB2, but the pay offered reflects it and may raise a RFE.

yeah, my simple question was about the paygrade. What paygrade is considered as eb2??

 

[khadash]

No Visa Rollover from EB2 to EB3 for Oct 2008.

Based on Immigration voice,trackit and Ron Gutchers analysis here are a few numbers for Oct 2008.
TrackIt Source:www.trackitt.com
There are 764 EB3 India Cases which are pending. This is approximately 2% of the entire EB3 Numbers allocated for India. 38200 is the number 2% of which is 764. Total EB3 numbers allocated for India in Oct 2008 fiscal year will be around 3000-4000. This is if no spillovers are done from EB2 to EB3.Therefore in the most conservative estimate it would take3 years for EB3 India to become available for 2002-2003.
Victim of GC
PD Oct 2002
EB3 India
I140 AD Oct 2004
I485 ND Oct 2004
Thanks
Khadash

 

[LaborBadhi]

Based on Immigration voice,trackit and Ron Gutchers analysis here are a few numbers for Oct 2008.
TrackIt Source:www.trackitt.com
There are 764 EB3 India Cases which are pending. This is approximately 2% of the entire EB3 Numbers allocated for India. 38200 is the number 2% of which is 764. Total EB3 numbers allocated for India in Oct 2008 fiscal year will be around 3000-4000. This is if no spillovers are done from EB2 to EB3.Therefore in the most conservative estimate it would take3 years for EB3 India to become available for 2002-2003.
Victim of GC
PD Oct 2002
EB3 India
I140 AD Oct 2004
I485 ND Oct 2004
Thanks
Khadash

Already waiting... more waiting.... doesn't matter now. We already doomed full

 

[atyagi73]

Based on Immigration voice,trackit and Ron Gutchers analysis here are a few numbers for Oct 2008.
TrackIt Source:www.trackitt.com
There are 764 EB3 India Cases which are pending. This is approximately 2% of the entire EB3 Numbers allocated for India. 38200 is the number 2% of which is 764. Total EB3 numbers allocated for India in Oct 2008 fiscal year will be around 3000-4000. This is if no spillovers are done from EB2 to EB3.Therefore in the most conservative estimate it would take3 years for EB3 India to become available for 2002-2003.
Victim of GC
PD Oct 2002
EB3 India
I140 AD Oct 2004
I485 ND Oct 2004
Thanks
Khadash

I hope its not true.