EB3 Worldwide finally moves past May 01, 2001

labordrags said:
I would believe the most of the 245(i) cases fall behind the catagory of EB3(2), as EB3(1) requires min BS degree. As EB3(2) is now Unavailabe from June 06 Bulletin, I have a feeling that EB3(1) for worldwide catagory may take its speed other than normal.

Once the USCIS witness the percentage of application under EB3(1) users file, then if it is very low than expected, DHS next move would be moving the dates quickly otherwise it will stand still, if USCIS gets more than expected application (bear that in mind that when labor gets cleared as the labor-sub is too come in play), it is really hard to predict DHS to see what percentage of application will be filed.

To my understanding, only few states that fail to weigh the 245(i) burden left behind, now I know a guy who fall under 245(I) who filed from Atlanta, already got his GC. Only few states have clog, not all of them. Still the figures released last time seems to be huge, not sure if 2001 filers are still waiting as many must have left country or had other means of getting their labor cleared.
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Labordrags,

I truly hope that you're right with your thoughts on this. I believe we all originally felt that 245(i) would primarily affect EB-3 unskilled, which has a quota of 5,000 per year. However, there has been some (anecdotal) evidence that Eb-3 regular could be affected as well, since 2 years of experience is the same as a bachelors degree for purposes of the EB-3 skilled/professional quota, which is 35,000 per year.

I did an analysis of 245(i) worldwide a few weeks ago--this is the link:

http://www.immigrationportal.com/showthread.php?t=212178

Please feel free to add your comments on my analysis.
 
blondhenge,

I looked at your analysis, and it does make lot of sense.

These are the high hitters state that were still processing the 245(i) cases before its been moved to BECs.

Below are the states where they were processing NON RIR cases as I would think all 245(i) cases are TR, could not cross the April 2001 hill.

Connecticut
Rhode Island
New Jersey
New York
Maryland
Georgia
South Carolina
Illinois
Indiana
Kansas
Michigan
Missouri
Wisconsin
Arkansas
Oklahoma
Texas
Colorado
Wyoming
California
Washington State

If we see the filers getting their 45 days letters and come approvals on these states, we can assume that their labor application been processed. Now since most of the cases are NON RIR, and some had done the advertisement, I would say there may be few filers left to see their cases being approved.
 
EB-3 & CP

blondhenge said:
I recall in the September 2005 bullentin (when EB-3 was completely unavailable) that they indicated that they expected EB-3 world to be current in October, with potential retrogression starting in December. Assuming they knew the caseload at the time, one could take this a step further and conclude that indeed, very few EB-3 visa numbers have been used so far during this fiscal year since hardly anybody has been eligible to file for EB-3 since June of 2005.

If that is truly the case, then I would not be surprised to see 6 month to 1 year advances in Eb-3 world for the next few months, then retrogress when the October 2006 bulletin is issued in anticipatation of the 245(i) flood. I continue to contend that currently approved 245(i) cases will not have an effect on this year's visa numbers, as it is too late in the year to process an entire I-485 application. Furthermore, with the pending end of concurrent I-140/485 filing, this will slow down the approval process even further.

I don't want to be too optimistic, but I'm currently right at the end of my process--I opted for consular processing, and I have been 'documentarily qualified' already--I'm just waiting for the visa number to be assigned--March 2002 PD. I have felt for several months now that I would get my greencard before the end of this fiscal year. I still feel that way. I guess we will see over the next few months.
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Blondhenge,

I am in same situation as you. I have already received packet 4 and just waiting for the visa number (Dec 2002 PD). Hopefully, EB-3 world will be current or move upto Dec 2002 before this fiscal year ends. However, I have a question for you. When my PD is current and request for the inverview and the interview date is assigned by the embassy, does it mean the visa number is assigned to me? I just worried that when I leave US for the interview and meantime, PD happens to be regressed back to March 2001. What will happen to me?
 
Eb-3 and CP

jmpark said:
Blondhenge,

I am in same situation as you. I have already received packet 4 and just waiting for the visa number (Dec 2002 PD). Hopefully, EB-3 world will be current or move upto Dec 2002 before this fiscal year ends. However, I have a question for you. When my PD is current and request for the inverview and the interview date is assigned by the embassy, does it mean the visa number is assigned to me? I just worried that when I leave US for the interview and meantime, PD happens to be regressed back to March 2001. What will happen to me?
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You're lucky--I haven't even received my packet 4 yet.

Anyway, it is my understanding that the visa number is assigned around the 20th of the month that your PD is current. Therefore, if the July bulletin has you as current, the visa number should be assigned then.

Having said that, if this arises that I actually get a visa number and it looks like visa bulletin may retrogress before my interview, I will be calling both the national visa center and the consulate (I am Canadian so I go to Montreal for this) to confirm that I'm ready to go, notwithstanding visa bulletin changes.
 
EB-3 & CP

Blondhenge,

Thanks for your quick response!! Do you know whether there is any specific rules on this kind of situations. Whether they will take away the assigned visa number if this situation happens? I guess I worry too much in advance.

Thanks again for your help!!
 
Cp

jmpark said:
Blondhenge,

Thanks for your quick response!! Do you know whether there is any specific rules on this kind of situations. Whether they will take away the assigned visa number if this situation happens? I guess I worry too much in advance.

Thanks again for your help!!
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First of all, I would wait until your PD becomes current before checking with the embassy or NVC. It's doubtful that you would be able to get an official comment if you're not current anyway.

Once your PD is current however, I think a simple phone call to the NVC or the applicable embassy will aleviate your worries.
 
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