Is EB3 current again?

Pls. throw some light....

Hi Friends,

I am a total novice in the area of immigration and wanted to know how does this 'Retrogression' affects me?

Mine is Labor substituion case. PD - Feb 2003.

140/ 485 concurrently filed - Feb 2004
140 approved.
FP done, EAD/ AP recd.
** the dates for me and my wife's 485 changed on 12/22/2004. The msg remained the same.

Pls. let me know whats going to be the status of my case and how will it be handled. I am really worried. Thanks!
 
Few questions...

Thanks. I am from India. Few clarifications -

**
What do you mean by Visa date to pass my PD? Do you mean H1B visa date?

**
What is my current Visa date? How can I track it?

**
In the meantime, will I be able to get 7th yr extn and all the other things like EAD /AP etc till I get my 485 approval?

**
Does the recent date change in my 485 signify any thing?

**
This retrogression, is true for VSC only OR for all the service centers?

**
Is there any significance of ---> VSC processing 485s with Receipt
Dates as June, 19 2003 (Per their https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont )

Pls. let me know.

Thanx, once again!

-------------------------------------------------
Mine is Labor substituion case. PD - Feb 2003.
140/ 485 concurrently filed - Feb 2004
140 approved.
FP done, EAD/ AP recd.
** the dates for me and my wife's 485 changed on 12/22/2004. The msg remained the same.
 
Under the circumstances - Will I be able to use AC21 - if I want to switch my company?

Thank you
 
Only if your I-140 has been approved and your I-485 has been filed and pending for 180 days. If you have not filed I-485 before Dec 31/04 you can not file it until your priority date becomes current. SO in this case NO you can not use AC21 until you can file I-485.
ALso you can not file for EAD or AP until you have an I-485 filed.
 
Mine is Labor substituion case. EB3 /India. PD - Feb 2003.
140/ 485 concurrently filed - Feb 2004
140 approved.
FP done, EAD/ AP recd.
** the dates for me and my wife's 485 changed on 12/22/2004. The msg remained the same.
-------------------------------------------------------------
So probably I am good to use AC21 under the circumstances ?

-------------------------------------------------------------

Thanx!






:confused: :confused: :confused: :confused: :confused:
 
I think it is still a debatable question whether USCIS will (approve/keep pending) the 485 cases which were filed before Dec 31 2004 whose priority dates were after Jan 2002.

In order to determine whether they are processing the cases which were allready filed whose PD is after jan 2002. We need to know if any one got any 485 approvals whose PD is after Jan 2002

If anyone got any approvals of such kind in thsi forum or your friends elsewhere


APPRECIATE IF ANY ONE POST YOUR DETAILS IN EB3 WHOSE PRIORITY DATES IS AFTER JANUARY 2002 >>>>>>>>
 
United Nations.

I agree with you, But some how I had a hope that they will process the cases. Being

1. The specified pool numbers they were mentioned does not have usage limitation. They might be treating that numbers usage as different than the annual limitation. I dont know.

2. In most of the case allready filed, say 25% of the case whose priority dates were before jan 2002. After processing this 25% do they just wait until department of labor clears all the cases. Not sure how long they will keep the cases pending waiting for DOL approves the cases whose PD is before jan 2002. If they keep the 485 cases pending, the USCIS directors stratgey to reduce the processing time to 6 months can not be achieved any cost by december 2006. What he is going to put in his memo..

3. Being they say they were processing June 19th 2003. Not sure whether they change it to january 2002 in next few weeks.

4. In April 2005, they will get additional poll for the second and third quarter.(around 40-70K numbers)..which will be more than sufficient for the people whose PD is before Jan 2002. So in this case why they should keep the cases pending which were allready filed.

IF WE KNOW ANY THING ABOUT A CASE WHICH IS APPROVED WHOSE PRIORITY DATES IS AFTER JANUARY 2002 IN THE NEXT FEW DAYS. PART OF MY TENSION WILL BE RELIEVED AND WILL HAVE SOME HOPE THAT MY GC IS GOING TO BE PROCESSED
 
dbwr said:
Unitednations.
Now i lost that hope after seeing this memo
Click to expand...

dbwr,

You filed I485 in 09/04, so you still have a long wait anyway, even if dates were current. What may happen in next 1-2 years you never know. So sit tight and enjoy the ride !
 
unitednations said:
attached is the memo
Click to expand...
There is little confustion about thie USCIS Memo...The memo says priority dates for both E31 and E32 are moved back to Jan/2002..But The visa dates on DOS website says only E31 are moved...
Is this an error on the memo..?
 
sertra2002 said:
What may happen in next 1-2 years you never know. So sit tight and enjoy the ride !
Click to expand...
Agree, from Nov 2002 they moved to June 2003. Now this PD retro !! Hard to say when USCIS will appove PD > 01/2002. USCIS may come with some other memo in 2 months and then we will again see lot of approvals. Wait and watch
 
Retrogression

Retrogression aaplies to I-140 too if already filed concurrently before 30 Dec 2004?

Thanks
-Greeny
 
Any Guess??

My PD is Jan3, 2002(India) EB3
I-140/485 ND Nov 6, 2003
I-140 -Approved
FP1 - Done on Nov 16, 2004
LUD - 11/23/2004 (FP recevied ,case resumed ...)

can any one guess any rough idea, when I can expect to hear from USCIS, considering very close to current PD dates?

thanks in Advance -
 
Thank you United Nations.

Does that mean if my i-140 gets approved and i-1485 is pending due to
retrogression, can I make use of AC-21 6 months after i-140/1-485 filing date?

Thanks
-Greeny
 
Greeny,
I think that is a true statement. If your 140 is approved and got the 485 Notice and it is pending for more than 180 days. You can take advantage of ac-21
 
unitednations said:
However, I have the feeling that under perm, many people are going to file or re-file in eb2 which will cause that category to retrogress which will even hamper eb3 more.
Click to expand...

But they'll have PD of 2005, little effect on people with PD between 01/2002 and 12/2003, right? I feel most people affected by the EB3 retro should have their PD in that range.
 
unitednations said:
if eb2 dates are current then they will be able to get their greencard and that will be one less greencard that someone from eb3 could use.


For ease sake an example calculation


eb2 - total visas available 30,000 plus any unused in eb1
eb3-total visas available 30,000 plus any unused in eb2, eb1


As more people file in eb2, they will use up the 30,000 and there will be less for eb3 people to move up and use the unused eb2. Therefore, if everyone files perm in eb2 they will take up the unused in eb2.
Click to expand...

Unitednations off the topic question. I am planning to file a new LC in PERM in EB2. But by the time I will be able to file I will be in my 6th year of H-1. My question is can I get 7th year extension based on the pending I-140 and I-485.

Thanks
 
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