Is this bad news? From "SHUSTERMAN'S IMMIGRATION UPDATE (October 2004)"

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CONTENTS:

1. Employment-Based Immigration Numbers to Backlog Soon

We always display the most recent State Department Visa Bulletin on our web
site at

http://shusterman.com/vb.html

We posted the October 2004 Visa Bulletin online a full week before the State
Department based posted it on their page.

For the past few years, while the family-based numbers have been inching
ahead, the employment-based numbers have all been "current", no backlog.
This is about to change for the worse.

The October 2004 Visa Bulletin contains the following caveat:

"During the past two years, the visa allocation system compensated for
reduction in CIS visa number demand by making very rapid advances in the
visa cut-off dates. As the cut-off dates advanced, tens of thousands of
applicants became eligible to file for adjustment of status at CIS offices.
Heavy demand was expected as CIS began to address their backlog and finalize
action on such cases. The Visa Office has been alerting interested parties
to this possibility over the past two years, and this is exactly what has
recently begun to happen. FAMILY: As CIS demand for visa numbers continues
to increase, little if any forward movement of cut-off dates is expected
during FY-2005, and the potential for retrogressions in certain categories
cannot be ruled out. While retrogression of certain Family cut-off dates is
not likely in the immediate future, it cannot be ruled out late in the
fiscal year. This is because the CIS backlog is likely to include large
numbers of applicants in all categories with priority dates well before the
current cut-off dates. EMPLOYMENT: The increasing CIS use of numbers is
likely to require the establishment of cut-off dates in one or more
categories during FY-2005. Such action is expected in the Employment Third
preference category as early as January."

In simple English, this means that the 3.5 million persons who have played
by the rules established by Congress and waited in line to able to apply for
permanent residence under the existing system of family and employment
preferences are screwed!


The State Department is warning that the family-based numbers are unlikely
to move forward and may even move backward in the coming year. Equally
disturbing is that by January 2005, the employment-based numbers are
expected to start developing backlogs.

If the increasing backlog in the family and employment categories were
simply the result of the demand for green cards exceeding the supply, this
would be completely justified. The United States admits approximately one
million immigrants annually, more than any other country in the world.
Anti-immigrant groups label this as "mass immigration" and call for the
Congress to drastically decrease the number of immigrants. However, viewed
in perspective, the numbers of legal immigrants admitted to the U.S.
annually equals less than one-half of 1% of our population, not a "flood",
but more like a "trickle". A majority of these immigrants are parents,
spouses and children of U.S. citizens. The rest are close family members of
U.S. citizens and permanent residents, persons with essential job skills and
refugees.
 
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Dont think its for people who applied I-485

I think the cut-off dates are for people who have not applied for I-485's.
They dont apply to people who have applied for I-485's.

Am I correct ?
 
tom300025 said:
I think the cut-off dates are for people who have not applied for I-485's.
They dont apply to people who have applied for I-485's.

Am I correct ?
Nope. It could impact even the people whose I485 is pending. As far as I know, the actual allocation of visa number is at the time of adjudication of I485 and especially not for applicants whose is I140 pending [read: concurrent filers]
 
The way it will works is, say EB3 cut off date becomes 31st dec 2003, then 1) anybody who has a Priority date after that would not be able to file 485, so concurrent filing would be over in that category. Priority date is the data Labor was filed or if it is category where labor is not required then the date 140 is filed becomes the PD date
2) if the 485 is already filed and your PD date is after cut off date then your 485 would be pending till the cut off date reaches your PD, then your case would be eligible for 485 processing.

While this would be a disadvantage to those who have just started or are about to start their green card processing, it is good for those who have started as back as 2000/2001 and are still waiting for their GC. In short somebody who is started in 2000 would get preference to somebody that started in 2004. Some may not like it .. but sounds logical !!!
 
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question for bhandus2004

At what point immigrant visa number is issued for and AOS applicant?

As my I-485 is pending since Dec 2002, what do you think how I would be affected by this news?

Thanks
 
PremChopra said:
At what point immigrant visa number is issued for and AOS applicant?

As my I-485 is pending since Dec 2002, what do you think how I would be affected by this news?

Thanks

PremChopra,

I am not very sure at what stage the visa number is issued, my understanding is that it is issued when you 485 is adjudicated, however the cutoff date is fixed based on (number of) visa numbers available.

Since your 485 is pending since dec 2002 your PD would be at least early 2002 if not earlier than that .. and in that case your chances of getting affected are very less.. moreover form the news we have at present, EB3 is likely to become non current by Jan 2005 ( what the cut off date would be is anybody's guess ) , not much information is available about other categories ( it is just said that they might not remain current sometime in 2005). So non EB3 filers need not loose their sleep for the time being ..
 
Thanks for your reply bhandus2004,

I got little bit anxious since my case is filed in EB-3.

Also you said in your previous post that anyone who has a PD before the cut-off date won't be able to file for I-485 did you mean "anyone who has PD after cut-off date".

And my labor was filed in Mar 2001, does this mean that my PD is Mar 2001?
 
PremChopra said:
Thanks for your reply bhandus2004,

I got little bit anxious since my case is filed in EB-3.

Also you said in your previous post that anyone who has a PD before the cut-off date won't be able to file for I-485 did you mean "anyone who has PD after cut-off date".

And my labor was filed in Mar 2001, does this mean that my PD is Mar 2001?

Sorry for the error .. i edited my post to read 'anyone who has a PD date after cut off date .. '

yes, your PD is Mar 2001 .. you look safe ..
 
This issue is discussed in great extent at the following thread.

http://boards.immigrationportal.com/showthread.php?t=137755

As said by shusterman [In simple English, this means that the 3.5 million persons who have played by the rules established by Congress and waited in line to able to apply for permanent residence under the existing system of family and employment preferences are screwed]

No one could guess until DOS posts the dates for EB3 category cut-off dates. For sure it retrogress , but what extent is the 1Mil. question !!!
 
bhandus2004 said:
Sorry for the error .. i edited my post to read 'anyone who has a PD date after cut off date .. ' yes, your PD is Mar 2001 .. you look safe ..

There is one very, very important feature about priority dates in EB that no one in this thread has mentioned yet. Priority dates will NOT retrogress for all of EB3 - you're going to see things probably go back to the way they were in 2000; retrogression for India, China and maybe the Phillipines, and no one else.

Therefore, unless you were born in India or China, you have nothing to worry about.

Right now, I really wouldn't worry too much. The folks that have been waiting the longest usually have the earliest priority dates, so are least likely to be affected. The folks most likely to be affected wouldn't have their I-485 ajudicated yet anyways.

The January 2005 visa bulletin comes out in mid-December, so let's all hold tight until then and see what it says and what actually happens, instead of wetting our pants every few weeks when we read about retrogression. :)
 
Another thing to note is, that provided you were born in India, China and Philipines, there will be no concurrent filing for EB3 cases. Out goes Ohata memo and all, for these cases ! So those who fall under these categories, and who have not filed, should file their applications ASAP.

This should be otherwise good news for old filers as this will releive some resources who would other wise be adjudicating the newly filed I-140/I-485.
 
sertra2002 said:
Another thing to note is, that provided you were born in India, China and Philipines, there will be no concurrent filing for EB3 cases.

Absolutely. This might be a blessing in disguise, since it might get that I-140 approved and provide AC21 benefits sooner than concurrent filing.

So those who fall under these categories, and who have not filed, should file their applications ASAP.

One planning note to remember, priority dates for the following month come out on the 15th of the previous month. So on December 15th, you'll have two weeks to get the I-485 physically received by USCIS before January 1st. Lawyers dawdle, so get planning. What you do NOT want to do is get into a mad rush and botch the I-140/I-485 filing to beat the priority date.
 
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