EB3 whats going to happen

[va_il]

I was under impression that my company has filed my case under EB2 as that was how we discussed. Today after my casual inquiry, i was shocked to learn that my I140 was approved under EB3.
How can that be, your application will be under the category they apply for right. Would INS re-categorize it?

Anycase, my PD being 22nd July 2002, what is in store for me. Am i looking at a year or howlong for my 485 to be touched

 

[va_il]

How does it work

Can somebody help me understand how this 485 visa thing works..

I am told that visa will be available for EB3 only after visas being allocated to all EB2s. If that is the case, there being an ocean of EB2 still pending, when will a visa get allocated to EB3? Do they go count pending EB2 for that year and then allocate rest of that year visa quota to EB3?

I didn't understand the logic. Did anybody?

 

[armie]

Can somebody help me understand how this 485 visa thing works..

I am told that visa will be available for EB3 only after visas being allocated to all EB2s. If that is the case, there being an ocean of EB2 still pending, when will a visa get allocated to EB3? Do they go count pending EB2 for that year and then allocate rest of that year visa quota to EB3?

I didn't understand the logic. Did anybody?

485 are aproved as per the following logic:
IF 485 ND < [date the published by the service center] {
IF eb3 {
IF labor PD < [priority date published by dept. of state] {
adjudicate();
}
} else {
adjudicate();
}
}

If you filed at Nebraska make sure your apply NSC factor called Nx to all above predicates. Many famed mathematicians on this forum have made futile attempts to solve Nx, but most gave up admitting that Nx is purely a random value.
Nx is also called farmer's constant except it varies with unknown conditions making it a mathematical anomaly.

 

[lc2003]

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320

EB3 - Third : Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

EB2 - Second : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.


Hope this helps to answer your questions.

 

[va_il]

Thanks LC for your stats.

Good to know that no matter how the EB2 dominates, EB3 will still have some ground to hold.

 

[lc2003]

That's correct. I think, this would not be as bad as like it was during 1995-2000 when quota was set based on country and there were a lot of unused visas. Now all visas are in one pool, which gives some extra push to the movement of PD.