Is it true that EB3 dates will retrogress?

S

Shanks1975

Registered Users (C)
Hi guys,

Is it true that EB3 dates will retrogress in few months from now.
If so, if we file for I-485 are we safe??
Or do we need to wait till it gets approved??

What happens if we had filed EAD,but dates retrogress??
Shanks
 
they will be current till September 2002

EB3s historically regressed for PRC nationals and EB2 for Indian nationals. As per INS the huge backlog of unused Visa numbers will have to be used up before the regression starts. But once the visa numbers regress the problem will be worse than before. This in the light of huge numbers of H1B\'s issued in the last couple of years. Make hay while the sun shines.
Source:
http://www.murthy.com/UDebvb02.html
 
AC21

Well, AC21 law removed the 7% limit on the one country rule IF all the annual employment based visas were not used. INS was asked to use up all of the unused visas over the last few years as well. This non-use of Visas happened, because in the past nationals from PRC, Phillipines, India etc who traditionally form the bulk of employment based visas were denied those visas (because of 7% maximum from one country rule) and there weren\'t enough applicants from other countries.

This year another 50,000 unused Visa numbers were allotted to the current quota of 100,000 visas. BUT the honey pot wont last for ever, once the unused visa numbers are exhausted and this years numbers run out, then lists will rapidly regress. Some attorneys are of the opinion that only unskilled visa category may regress and not any of the other categories. But it is hard to tell for sure.
 
Retrogress affect me if I get packet 3 from NVC

Hi,

I am still in I-140. Assume my I-140 is approved next month,
then I get packet 3 from NVC. So according to my assumption,
I will be in the middle of CP process by May and June.
If (only assumption, hope not) dates retrogress, does it affect
my case, since I already got packet 3.

Thanks
 
shanks75

The unused visa situation will not happen from now on. This is because they are being currently used in large numbers by nationals from India, PRC, Phillipines etc. I would say that 2001/2002 GC applicants from these countries are very lucky because of the AC21 legislation which removed the one country rule (till such time as the current years visas and unused backlog are used up.

GC1, once NVC creates a case for you means your priority is "current". But I don\'t think any one from these countries should worry for at least one more year. With the processing times coming down it should in practice not affect anyone who is currently in labor/I-140 process.
 
Don\'t post all these baseless climes...

Let us have some piece of mind until the news comes out officially.

-XML
 
xml,I understand that this certainly is scary,but

it is better to know our options and plan sensibly.
Thats the reason every body is discussing out here,

BRB,you had mentioned that if the dates are current, the case is created.

So what happens if we send packet-3 to consulate and the dates retrogress..
What would happen then..would the consulate go ahead with the interview..

what are our options??
Also, do we need to file I-485 ,If we need EAD.
Are we safe if we file I-485.
Can somebody please explain all of these things.

Thanks,
Shanks
 
shanks75

My understanding from reading the NVC web page information is that NVC sends out a packet 3 close to the date when your priority is "current". Once you send your packet 3 to the consulate (OK for Indians it goes via NVC again) they "request" visa numbers on a monthly basis from NVC. That is why most (other than those who are loaded) try to schedule their interviews around the 18th of each month. So if they fall short of numbers they approve the visa but ask the candidates to come a few days later because then they can draw the numbers from the next month.

My feeling is that NVC will not send out packet 3 unless it is very sure that there will be a visa available for your category. I don\'t think visa numbers will be an issue for the whole of this year. At worst it will affect the unskilled category only. So don\'t worry. If Visa number is not available one can always opt for AOS. CPs will fall in popularity once again.
 
brb,i am still confused

Dont we need the priority dates to be current to file I-485.
so how do we opt for AOS if the visa number is not available.

Please explain..
Shanks
 
shanks, once your I 140 approved you can apply for EAD regardless of CP or AOS !!

you have to fill the form and send the fees to INS.
 
if the PD retrogress..

Consulate gives you the appointment only if your PD is current.
If the dates retrogress when you are still waiting for the appointment from consulate, depending on the situation, you can always file for 485. Since DOS releases the dates 20 days advance,
we have enough time to prepare ourselves with paperwork.
 
Priority date must remain current...

Your priority date must remain current at the time of CP interview. If dates retrogress between NVC case creation (which is not usual but possible now considering the long time between NVC case creation and interview date due to new procedure) and CP interview, the interview will not be scheduled.

Your priority date must also remain current for filing AOS. One cannot file AOS if the date is not current. And if you don\'t file AOS (I-485), you can\'t get EAD card.

Unfortunately, one simply has to wait till the date becomes current again.

This is how I see it but please please check the rules, especially if they have changed recently.
 
No Title

What was trend when PD retrogressed last time ?

I means how far EB3 went back and how far EB2 went back ?

Veterans please provide info. Thanks in advance.

Kishan Patel
 
Welcome KP ... have u got ur I140 !!!

Last time the dates went back from 2000 to 96 or 97 for EB3 !!

As DOS gives the date for the next month 20 days in advance, one has enough time to file 485/EAD/AP ...just have all the documents ready ....u need not do ur medicals at the time of filing 485, u can send them later too...in that case u would have wasted whatever time from the approval of 140 to ur filing of 485 !!! (That is all ...)
 
No Title

Hi im9999, how is going in CP forum.

No not yet I am still waiting for I-140.

God knows when it will be over to begin next ordeal.

Good luck to you.

KP
 
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