bunchofquestion
Registered Users (C)
Could this be the reason for our cases being delayed?. Ours is RD of Feb 15th 2002.
njguy007 said:
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FYI: Priority dates in the EB categories could retrogress in FY-2005
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sertra2002
Registered Users (C)
bunchofquestion said:Could this be the reason for our cases being delayed?. Ours is RD of Feb 15th 2002.
As far as I know the Priority Dates are still current and this cannot be the reason for your delay. In any case, even when PD retrogress, you need not worry as your PD is in 2001 or 2000 (I assuming since your I-485 RD is 02/2002). At most they will go back t some time in late 2002 or late 2003.
FYI
The date the visa petition was filed is known as your priority date.
visa petition is I-140.
Pl read below, the contents are from USCIS web site.
First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of CIS' paths to lawful permanent residency.
Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement. You may wish to read more about this program.
Third, CIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.
Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. You may wish to read about application procedures on becoming a permanent resident while in the United States. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
How Do I Apply for an Immigrant Visa Number?
You do not directly apply for an immigrant visa number. In most cases, your relative or employer sends a visa petition to the USCIS for you (the beneficiary) to become an immigrant. (Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf.) USCIS will tell the person who filed the visa petition (the petitioner) if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you (the beneficiary of the application) when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation that may affect your eligibility for an immigrant visa. You may contact the National Visa Center by writing to: The National Visa Center; 32 Rochester Avenue; Portsmouth, New Hampshire 03801-2909.
How Can I Find Out When an Immigrant Visa Number Will Be Available for Me?
Each approved visa petition is placed in chronological order according to the date the visa petitioin was filed. The date the visa petition was filed is known as your priority date. The State Department publishes a bulletin that shows the month and year of the visa petitions they are working on by country and preference category (see eligibility information above). You can estimate of the amount of time it will take to get an immigrant visa number by comparing your priority date with the date listed in the bulletin. For instance, suppose you look under your country and preference category, and see that the State Department is working on applications they received in May 1996. If your priority date is May 1998, then you may have to wait several more years for an immigrant visa number to become available. You may access the State Department Visa Bulletin at the State Department's Website, or you may call the Department of State Visa Office at (202) 663-1541, to learn which priority dates are currently being processed.
The date the visa petition was filed is known as your priority date.
visa petition is I-140.
Pl read below, the contents are from USCIS web site.
First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of CIS' paths to lawful permanent residency.
Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement. You may wish to read more about this program.
Third, CIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.
Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. You may wish to read about application procedures on becoming a permanent resident while in the United States. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
How Do I Apply for an Immigrant Visa Number?
You do not directly apply for an immigrant visa number. In most cases, your relative or employer sends a visa petition to the USCIS for you (the beneficiary) to become an immigrant. (Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf.) USCIS will tell the person who filed the visa petition (the petitioner) if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you (the beneficiary of the application) when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation that may affect your eligibility for an immigrant visa. You may contact the National Visa Center by writing to: The National Visa Center; 32 Rochester Avenue; Portsmouth, New Hampshire 03801-2909.
How Can I Find Out When an Immigrant Visa Number Will Be Available for Me?
Each approved visa petition is placed in chronological order according to the date the visa petitioin was filed. The date the visa petition was filed is known as your priority date. The State Department publishes a bulletin that shows the month and year of the visa petitions they are working on by country and preference category (see eligibility information above). You can estimate of the amount of time it will take to get an immigrant visa number by comparing your priority date with the date listed in the bulletin. For instance, suppose you look under your country and preference category, and see that the State Department is working on applications they received in May 1996. If your priority date is May 1998, then you may have to wait several more years for an immigrant visa number to become available. You may access the State Department Visa Bulletin at the State Department's Website, or you may call the Department of State Visa Office at (202) 663-1541, to learn which priority dates are currently being processed.
TheRealCanadian
Volunteer Moderator
rnk said:he date the visa petition was filed is known as your priority date.
visa petition is I-140. Pl read below, the contents are from USCIS web site.
This is incorrect. In EB categories that require a Labor Certificaiton, the priority date is the date that the LC was received by the State. For EB-1 and NIW petitions, the priority date is the date the I-140 was filed. For labor substitution cases, my belief is that the PD is the date the I-140 was filed, but some may disagree.
Agree, check question # 2 at following link:
http://www.immigrationportal.com/showthread.php?t=143292
http://www.immigrationportal.com/showthread.php?t=143292
TheRealCanadian said:This is incorrect. In EB categories that require a Labor Certificaiton, the priority date is the date that the LC was received by the State. For EB-1 and NIW petitions, the priority date is the date the I-140 was filed. For labor substitution cases, my belief is that the PD is the date the I-140 was filed, but some may disagree.
Hi All,
I have already applied for my 485 after 140 approval.
Is it possible to add the spouse at a later date ie., after Jan 2005 because of the new priority dates issue for EB3 cateogry.
Will they have any restrictions on AOS for my spouse., ie till the priority date is current.
Can someone give any kind of info on this.
Thanks in advance.
I have already applied for my 485 after 140 approval.
Is it possible to add the spouse at a later date ie., after Jan 2005 because of the new priority dates issue for EB3 cateogry.
Will they have any restrictions on AOS for my spouse., ie till the priority date is current.
Can someone give any kind of info on this.
Thanks in advance.
TheRealCanadian
Volunteer Moderator
rams76 said:Is it possible to add the spouse at a later date ie., after Jan 2005 because of the new priority dates issue for EB3 cateogry. Will they have any restrictions on AOS for my spouse., ie till the priority date is current.
Under the INA, derivative beneficiaries (spouses and minor children) are entitled to the same priority date and category as the primary applicant. My wife's priority date, therefore, was the same as mine: 9/12/2000.
If the dates for your category retrogress to before your priority date, your spouse will be unable to file an I-485 until they move ahead past your PD.
Everyone keeps wondering how far the number will regress.
Well I looked a few things up just to see what the priority dates were before everything was current.
Employment Based Catagories
In June 2001 Visa Bulletin
1rst preference all countries (those countries with limits also) were current.
2nd preference all countires (those countries with limits also) were current.
3rd preference all countires were current EXCEPT INDIA their priority date was 01-JAN-1999.
Other workers all countries and those with limits the priority date was 01-May-1999.
4th preference all catagories (those countries with limits also) were current.
Certain Religious workers (those countries with limits also) were current.
5th preference (those countries with limits also) were current.
From July 2001 onwards things have been current.
Just for reference China used to be a country with limits also; that was until December 2001 and since then they are not a country with limits, Now its just India, Mexico and the Phillipines
Well I looked a few things up just to see what the priority dates were before everything was current.
Employment Based Catagories
In June 2001 Visa Bulletin
1rst preference all countries (those countries with limits also) were current.
2nd preference all countires (those countries with limits also) were current.
3rd preference all countires were current EXCEPT INDIA their priority date was 01-JAN-1999.
Other workers all countries and those with limits the priority date was 01-May-1999.
4th preference all catagories (those countries with limits also) were current.
Certain Religious workers (those countries with limits also) were current.
5th preference (those countries with limits also) were current.
From July 2001 onwards things have been current.
Just for reference China used to be a country with limits also; that was until December 2001 and since then they are not a country with limits, Now its just India, Mexico and the Phillipines
keeping in mind major centers NY, NJ, Ct are still processing 2001 Labor apps. also there is a flood of applications between 2000 and 2001 for GC and most those cases are pending. My 2 cents: PD should retrogess to Late 2001 for EB3 and mid 2002 for EB2.
Last edited by a moderator:
485at85 said:keeping in mind major centers NY, NJ, Ct are still processing 2001 Labor apps. also there is a flood of applications between 2000 and 2001 for GC and most those cases are pending. My 2 cents: PD should retrogess to Late 2001 for EB3 and mid 2002 for EB2.
I thot only EB3 is going to retrogress in 2005
IS EB2 also going to retrogreess??
485at85 said:keeping in mind major centers NY, NJ, Ct are still processing 2001 Labor apps. also there is a flood of applications between 2000 and 2001 for GC and most those cases are pending. My 2 cents: PD should retrogess to Late 2001 for EB3 and mid 2002 for EB2.
Not all of those labor applicants are haplessly waiting for their never-ending approvals from these states. Many of them refiled their applications from fast processing states and got approved. Quite a handful of them went thru Labor substituion and got their 140/485 approved.
I know a quite a few from tri-state area who filed their labor in 00,2001 withdrew labor petition and even got their 485 approved thru the 2 methods i mentioned above.
Practically it was not easy to stick to a single employer in past tight job market for so long assuming labor itself takes 4 years to clear, (late 2000,2001,2002) and then getting a labor approved is an upheal task.Also those applicant's non-immigrant visa period will exhaust given by these immense delays in labor process.
Even filing a labor from these states based on future requirement is highly unpredicatable considering the the years taken for labor.Technology changes so fast, the requirements will be stale by then.
To sum up, we may not see that flood of applications for 140/485 filing in early 2005 as anticipated, even backlog reduction center can't do magic overnite, possibly they could me more stringent in certifying cases.
One grey area, some greedy employers may take advantage of recycling approved labor cases ("labor substitution") for $$$$$ which gets approved in 2005.
Just my opinion.
Last edited by a moderator:
TheRealCanadian
Volunteer Moderator
usnycus said:All EB dates are still current...
Of course. DOS has always said that they will remain current in the 1Q of FY2005 (ie. 10/1/2004-1/1/2005). They are only going to retrogress because they are not allowed to allocate more than 27% of all visa numbers in a given category within any quarter of the fiscal year.
Basically, once 2Q FY2005 comes around, there will be an EB3 retrogression, based on what DOS is saying. The big burning question will be what dates the Visa Bulletin published this time next month is going to say. It's going to be a Christmas present for some folks with 2002 PDs (I'm assuming therefore 2003 I-485 filers), or a lump of coal.
usnycus said:
Thanks for breaking the good news.
Current pending I-485 cases at USCIS is 1,162,205. If you assume 20% cases from all pending cases are EB category then that will put pending EB (I-485) at 232,441. Also, traditionally EB3 takes approximately 40% of all EB cases filled. Considering that, pending EB-3 cases sits at approx. 90000
Looks like two-year visa number is already allocated at pending cases.
Check following for Stat from USCIS:
http://uscis.gov/graphics/shared/aboutus/statistics/msrsep04/BENEFIT.HTM
Based on above, I think date will retrogress by two years.
Looks like two-year visa number is already allocated at pending cases.
Check following for Stat from USCIS:
http://uscis.gov/graphics/shared/aboutus/statistics/msrsep04/BENEFIT.HTM
Based on above, I think date will retrogress by two years.
dcmetro22042
Registered Users (C)
usnycus: What are your estimates for EB2?