FYI: Priority dates in the EB categories could retrogress in FY-2005
- Thread starter kvpt_mm
- Start date
Important Note:
If my memory serves correct, several years ago, all PD's became current NOT because DOL/USCIS was too slow, but BECAUSE OF A LAW CHANGE. A new law (or interpretation) was passed that allowed use of visa numbers unused by other categories for oversubscribed categories, and this law change occured sometime in late 1999, coinciding with EB PD's becoming all current.
Sure, slow processing of LC could have had an effect, but I don't think they were much slower than they are now. However, I'm quite sure there were fewer applicants then. But I think it was THIS LAW CHANGE and that contributed the most to making the EB priority dates current.
So my opinion is that PD retrogression will be short lived. Once the current backlog clearing boom subsides a bit, PDs should recover quickly. I guess I say "quickly", in comparison to the speed it used to move in mid 90's.
Remember, the law that changed (that unused numbers can be used for oversubscribed categories) has NOT changed back.
So PD's will regress, but they should recover much faster than they used to back in 90's.
This is my opinion, based on a FADING MEMORY. Do not flame me if I'm wrong.
If my memory serves correct, several years ago, all PD's became current NOT because DOL/USCIS was too slow, but BECAUSE OF A LAW CHANGE. A new law (or interpretation) was passed that allowed use of visa numbers unused by other categories for oversubscribed categories, and this law change occured sometime in late 1999, coinciding with EB PD's becoming all current.
Sure, slow processing of LC could have had an effect, but I don't think they were much slower than they are now. However, I'm quite sure there were fewer applicants then. But I think it was THIS LAW CHANGE and that contributed the most to making the EB priority dates current.
So my opinion is that PD retrogression will be short lived. Once the current backlog clearing boom subsides a bit, PDs should recover quickly. I guess I say "quickly", in comparison to the speed it used to move in mid 90's.
Remember, the law that changed (that unused numbers can be used for oversubscribed categories) has NOT changed back.
So PD's will regress, but they should recover much faster than they used to back in 90's.
This is my opinion, based on a FADING MEMORY. Do not flame me if I'm wrong.
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Also, Check following thread in LC forum:
http://boards.immigrationportal.com/showthread.php?t=151050
http://boards.immigrationportal.com/showthread.php?t=151050
TheRealCanadian
Volunteer Moderator
Narla said:
The Visa Number is assigned right at I-485 approval.
TheRealCanadian
Volunteer Moderator
njguy007 said:
None, unless EB2 also retrogresses. That appears highly unlikely.
Percentage of people applying for GC in EB2 category is all time high.
I cannot tell the date it will go back to but I am 100% sure that it will be affected.
Looking at the trend and if the scenario continues, you might not see EB2 retrogress in Jan but it's not that far.
I cannot tell the date it will go back to but I am 100% sure that it will be affected.
Looking at the trend and if the scenario continues, you might not see EB2 retrogress in Jan but it's not that far.
dcmetro22042 said:
Priority Dates : How Do They Work?Posted Mar 18, 2000
Some of you, understandably, maybe confused by the concept of Priority Dates and we take this opportunity to provide you with an overview of how they work. Priority Dates determine when a foreign national will have the ability to file the final stage of the application for the green card (GC), known as the Adjustment of Status or I-485 application. The advantage of filing the I-485 at the earliest opportunity is that it allows the foreign national and any immediate family members the opportunity to file for the EAD or the employment authorization document (permission to work without having to maintain a temporary worker status such as H1B) and Advance Parole (permission to reenter the U.S. after travel abroad while the I-485 is pending). The priority date must also be considered for consular processing (CP) filings.
A priority date, in an employment-based (EB) case requiring Labor Certification (LC), is the officially acknowledged date that the case was filed at the state level Department of Labor office, referred to as the SESA. If the EB case was filed in a category that does not require labor certification, then the priority date assigned by the INS is the date the I-140 (Immigrant Visa Petition) is received by the INS Service Center.
A person determines when s/he will be able to file for the I-485 by checking the dates each month on the Visa Bulletin chart. Every month, the U.S. Department of State publishes the Visa Bulletin. The Visa Dates indicate whether the dates are current or whether there is a backlog in order to file for the Adjustment of Status or CP.
By law, there is a quota or limit to the number of people who can receive a green card (GC) in a given year. This quota is based both on the employment-based category (EB1, EB2, or EB3, etc.) and on "per country" limits, meaning that every country, no matter how large or how small, is given the same maximum percentage allocation of the worldwide quota. Countries like China and India with large populations are then subject to longer waiting times than a person born in a neighboring country like Pakistan or Nepal. The number of spaces (sometimes referred to as "visa numbers") for a particular country, that are available at any given time, will depend on various factors, for example, how many immigrant visas have been approved at consulates abroad, how many I-485 applications have been approved for persons from that country in the U.S. during the prior month, etc. Such factors determine the movement of priority dates and, in turn, will affect the number of I-485 applications that can be filed during the following month after the priority dates are released.
If the Visa Bulletin chart states "C" for a given category and country, that indicates that the numbers are current in the specific employment-based category, whether EB1, EB2, or EB3, and that there is no waiting period for filing the I-485 application. If the numbers are backlogged as indicated on the Visa Bulletin, there will be a date (sometimes called a "cut-off date") mentioned. If the Priority Date is BEFORE the date indicated, then the foreign national is eligible to file the I-485 application for adjustment of status during the particular month when the dates are current.
A question that we at The Law Office of Sheela Murthy are often asked is: What happens now that the Priority Date will regress for my application?
If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current."
Some of you, understandably, maybe confused by the concept of Priority Dates and we take this opportunity to provide you with an overview of how they work. Priority Dates determine when a foreign national will have the ability to file the final stage of the application for the green card (GC), known as the Adjustment of Status or I-485 application. The advantage of filing the I-485 at the earliest opportunity is that it allows the foreign national and any immediate family members the opportunity to file for the EAD or the employment authorization document (permission to work without having to maintain a temporary worker status such as H1B) and Advance Parole (permission to reenter the U.S. after travel abroad while the I-485 is pending). The priority date must also be considered for consular processing (CP) filings.
A priority date, in an employment-based (EB) case requiring Labor Certification (LC), is the officially acknowledged date that the case was filed at the state level Department of Labor office, referred to as the SESA. If the EB case was filed in a category that does not require labor certification, then the priority date assigned by the INS is the date the I-140 (Immigrant Visa Petition) is received by the INS Service Center.
A person determines when s/he will be able to file for the I-485 by checking the dates each month on the Visa Bulletin chart. Every month, the U.S. Department of State publishes the Visa Bulletin. The Visa Dates indicate whether the dates are current or whether there is a backlog in order to file for the Adjustment of Status or CP.
By law, there is a quota or limit to the number of people who can receive a green card (GC) in a given year. This quota is based both on the employment-based category (EB1, EB2, or EB3, etc.) and on "per country" limits, meaning that every country, no matter how large or how small, is given the same maximum percentage allocation of the worldwide quota. Countries like China and India with large populations are then subject to longer waiting times than a person born in a neighboring country like Pakistan or Nepal. The number of spaces (sometimes referred to as "visa numbers") for a particular country, that are available at any given time, will depend on various factors, for example, how many immigrant visas have been approved at consulates abroad, how many I-485 applications have been approved for persons from that country in the U.S. during the prior month, etc. Such factors determine the movement of priority dates and, in turn, will affect the number of I-485 applications that can be filed during the following month after the priority dates are released.
If the Visa Bulletin chart states "C" for a given category and country, that indicates that the numbers are current in the specific employment-based category, whether EB1, EB2, or EB3, and that there is no waiting period for filing the I-485 application. If the numbers are backlogged as indicated on the Visa Bulletin, there will be a date (sometimes called a "cut-off date") mentioned. If the Priority Date is BEFORE the date indicated, then the foreign national is eligible to file the I-485 application for adjustment of status during the particular month when the dates are current.
A question that we at The Law Office of Sheela Murthy are often asked is: What happens now that the Priority Date will regress for my application?
If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current."
Effect of Retrogeression on cases with RFE's issued
If an RFE has been issued (sometimes 1 or 2 RFE's) say for an early 2003 I-485 ND case and if the dates retrogress, will the new "current date constraint" still apply? Or will they processed separately by the USCIS in a different pool?
If an RFE has been issued (sometimes 1 or 2 RFE's) say for an early 2003 I-485 ND case and if the dates retrogress, will the new "current date constraint" still apply? Or will they processed separately by the USCIS in a different pool?
TheRealCanadian
Volunteer Moderator
usnycus said:
Considering that DOS has been warning about EB3 retrogression for months now, but has said absolutely zilch about EB2, I'd make you a bet but it would be like stealing money.
EB3 is retrogressing not because too many people have applied, but because too many EB3 cases have been approved. This is not a problem (yet) with EB2.
TheRealCanadian
Volunteer Moderator
pujar said:
Of course. Once the priority dates retrogress and you are no longer current, a visa number cannot be legally issued for you and therefore your I-485 cannot be approved.
I agree that approval affects visa number. Also, # of approval in future depends upon # of cases filled today/Y’Day.
Kindly keep in mind that the number of EB2 filling went up drastically in last couple of years. Not only people who have masters but individuals with 4 yrs education +exp are also getting into EB2 direction.
I made that conclusion by looking at this forum (and other website) and talking to friends/attorney over last couple of months. I am not saying that it will immediately retrogress but it's not something that can never happen. As a matter of fact, probability of EB2 retrogress is all time high and if EB3 dates go back to couple of years, you will see more people trying to file in EB2 category. Final result: EB2 retrogress in future.
Kindly keep in mind that the number of EB2 filling went up drastically in last couple of years. Not only people who have masters but individuals with 4 yrs education +exp are also getting into EB2 direction.
I made that conclusion by looking at this forum (and other website) and talking to friends/attorney over last couple of months. I am not saying that it will immediately retrogress but it's not something that can never happen. As a matter of fact, probability of EB2 retrogress is all time high and if EB3 dates go back to couple of years, you will see more people trying to file in EB2 category. Final result: EB2 retrogress in future.
TheRealCanadian said:Considering that DOS has been warning about EB3 retrogression for months now, but has said absolutely zilch about EB2, I'd make you a bet but it would be like stealing money.
EB3 is retrogressing not because too many people have applied, but because too many EB3 cases have been approved. This is not a problem (yet) with EB2.
dcmetro22042
Registered Users (C)
DO you guys have any news abt EB2 being affected?
dcmetro22042
Registered Users (C)
ETA-GC said:
LOL. Got the answer.
What significance does A number have?
As you all know USCIS assigns an "A" number that is printed on the 485 receipt along with the regular receipt number (EAC, etc.). What is this number and how is it used? Does it effect the process in any way?
Thanks
As you all know USCIS assigns an "A" number that is printed on the 485 receipt along with the regular receipt number (EAC, etc.). What is this number and how is it used? Does it effect the process in any way?
Thanks
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SESA or Regional DOL ?
Hows the priority date set for regular labor certification ? Is it the receipt date at SESA which is the state level or receipt date at Regional DOL.
Also any pointer to a official website which officially states how PD is set for EB based 485 applicants would be appreciated.
Hows the priority date set for regular labor certification ? Is it the receipt date at SESA which is the state level or receipt date at Regional DOL.
Also any pointer to a official website which officially states how PD is set for EB based 485 applicants would be appreciated.
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