EB3 Visa Nos:October 2005 Predictions!!!

[royalcruise]

neocor,
-Help me understand why the EB3 will be unavilable in FY 2006 .It will retrogess ,YES...but unavilable WHY ???
-Could you please send a link where they talk about scheduleA workers will get priority over other EB3 filers...
Below is what I found in the July Visa bulletin->
Note that any Schedule A applicant will first be eligible for a visa number under the traditional Third preference cut-off date. “EX” visa numbers may be allocated to all Third preference Schedule A applicants from all countries, including China, India, and Philippines, only if their priority date is beyond the established Third preference cut-off date or if the Third preference category is “Unavailable”. The “EX” category is CURRENT, and will remain Current for the foreseeable future.
If I understand current ,they will (along with other EB3 candidates) will get approved per the PD .This is same as what it was last year .They will use visas from the additional 50K pool when normal 140K quota is exhausted or somebody has a PD after the cut off date .

So,I understand that they are in a better situation,but HOW are they making our cases worse ???

Am I missing something here ?

Also,how can the EB3 visas be unavilable in Fy2006 even if none of the eb3 cases are approved ???
Hello....Is nt USCIS going to approve 140K Eb3 cases in FY 2006 ??

please clarify .....

 

[armie]

If the EB3 visa numbers do not become available in near future,
Is CP an Option?
I have been here too long and do not have patience to wait for another 4 yrs
Is there any way you can preserve the I-485 while being away from US
If this process is based on future employment, can one join the sponsering company after getting the Green Card
Any thoughts???

Yes, you can go to your home country, convert AOS to CP and wait for PD to become current instead of waiting here in US. But if your current company goes out of business before PD becomes current, your GC is toast.

 

[armie]

Also,how can the EB3 visas be unavilable in Fy2006 even if none of the eb3 cases are approved ???
Hello....Is nt USCIS going to approve 140K Eb3 cases in FY 2006 ??

.....

Where did you get the figure 140k?

From the post above:
EB3 40,000
BECAUSE the per-country limit for preference immigrants is set at 7% employment-based preference limits, i.e., 25,620.

 

[royalcruise]

My bad...
Yes.its 40K for EB3
Still ,how can it be unavilable without approving 40K Eb3 cases (25,620 per country) ......

 

[neocor]

neocor,
-Help me understand why the EB3 will be unavilable in FY 2006 .It will retrogess ,YES...but unavilable WHY ???
-Could you please send a link where they talk about scheduleA workers will get priority over other EB3 filers...
Below is what I found in the July Visa bulletin->
Note that any Schedule A applicant will first be eligible for a visa number under the traditional Third preference cut-off date. “EX” visa numbers may be allocated to all Third preference Schedule A applicants from all countries, including China, India, and Philippines, only if their priority date is beyond the established Third preference cut-off date or if the Third preference category is “Unavailable”. The “EX” category is CURRENT, and will remain Current for the foreseeable future.
If I understand current ,they will (along with other EB3 candidates) will get approved per the PD .This is same as what it was last year .They will use visas from the additional 50K pool when normal 140K quota is exhausted or somebody has a PD after the cut off date .

So,I understand that they are in a better situation,but HOW are they making our cases worse ???

Am I missing something here ?

Also,how can the EB3 visas be unavilable in Fy2006 even if none of the eb3 cases are approved ???
Hello....Is nt USCIS going to approve 140K Eb3 cases in FY 2006 ??

please clarify .....

Its not clearly explained in the Visa Bulletin. But as i said in my post that it was my interpretation and nobody else gave a different interpretation until you.
I am not able to locate the original ruling that preceded the July bulletin where suddenly the Visa Numbers for EB3 Tech workers became unavailable for all the countries.

I am very happy if your interpretation is right and hope it is so. I am very bad at interpreting the legal language, I get lost. But this thing has been bothering me and I wanted to get the right answeres.

I will try to locate the original text of the ruling that resulted in allocating all the unused visa numbers to Schedule A workers.

Another thing that resulted in my interpretation is the sudden change in the Visa Number availability in the July Bulletin just after the ruling, when the final quarter of FY2005 was still remaining. What this means is that from now on they get all the numbers first. If somebody can clearly interpret why EB3 Visa Numbers became suddenly unavailable for all countries (June bulletin had only India, China and Phillipines retrogressed to June 2002) that would be great. Becasue I am sure there are many who have the correct interpretation.

I have been searching answers without a proper explanation. Well even if i dont get a proper explanation, the fog will clear when the Oct 2005 bulletin arrives. So two months or more suspense awaits. Also as i dont see much panic from EB3 people here I assume I am wrong.

neocor

 

[skp19722003]

Sep '02 no probs

I heard from the lawyer, if the PD is Sep '02 and below(EB3) will get 485 approval this year. Let's wait and see.

 

[IPC302]

I hope he is correct my PD is June 03,2002 , just hoping to be approved by this year end .

 

[gcnsc]

Some members have mentioned about the visa numbers, that they will go like H1 quota in a single day. I don't think so because these two are different processes. In the next Visa Bulletin Oct'05, INS will release good amount of Visa numbers for EB3 category and will move PD from JUN'02 to Oct'02.

For the Old labors stuck at the backlog centers, even if they get the clearance, they have to go through the rest of the process (140+485+Name check + FP), so they will be cleared and will get approval as they move with the PD.

It is just my openion.

 

[edealfan]

zamq,

Why do you think sub labor is better as opposed to regular. It is not clear whether NSC (or other processing centers for that matter) are processing I-485 applications based on (Substitution) Labor Priority dates or I-140 Receipt Dates. From what I have observed, NSC is considering I-140 receipt dates and doesn't pay much attention to Sub Priority dates. But, I could be wrong.

guys , dont know what i have to say,
some people who did Substitute labor are really lucky guys and think about those guys who applied their original labors in 2004 and how much struggle they have to go

take myself , came here 8 years back did 1st labor in 2001 from pretigious financial firm in NY city, got layoffed in 2004 ,my case still in state of NY at that time.
a NJ firm did my fresh labor in 2004 ,got it in 4 months,applied 140/485 and just waiting for my visa number to be current..

dont know about my future...but those who did Sub-Labor are very lucky ....

 

[zamq]

edealfan,
one of my close friend took sub-labor from his employer and applied in Oct 2004, the PD of that sub-labor is Nov 2001,
he already got his GC in May 2nd week, that too its EB3

i am just providing info that Processing centers will look for PDs not when you applied 140/485.
if your PD is old and you applied recently also you may get your GC soon compare to regular applied in 2004, take my case for instance.

zamq,

Why do you think sub labor is better as opposed to regular. It is not clear whether NSC (or other processing centers for that matter) are processing I-485 applications based on (Substitution) Labor Priority dates or I-140 Receipt Dates. From what I have observed, NSC is considering I-140 receipt dates and doesn't pay much attention to Sub Priority dates. But, I could be wrong.

 

[waitingfor_gc]

That is good to hear and hope this prediction comes true, is there any chance that they will open my I-485 case since they have issued the RFE in end of May.