Jan bulletin is out

[little_devil]

I am so glad to see that finally India EB3 moved past April 01. Let us hope it keeps moving ahead.

This might be a stupid question to some, but if someone can answer my question I appreciate it.

I sent in my application in April 30 2001 under RIR, EB3. What is my case priority date? Is it when I sent in the application or is it when they sent me the application recd letter which was July 01 or is it when my I140 was approved?

Now that the date moved past April 2001 should I make an Infopass appointment to get my GC.


Filed – April 30 2001
I140 - Approved Aug, 2004
I765 – Approved Nov, 2004
I485 – Case transferred to Newark, NJ - Nov, 2004
Ead # 1 – Received Nov 2004
Ead # 2 – Approved Nov 2005
Interview – Aug 2005 – Passed - Stamped ‘485 Pending’
Ead # 3 – Approved Nov 2006

Soo close yet so far

 

[rsrinivas27]

Your priority date is written on your I-140 approval notice. The priority date is the date when they receive the LC application.

I am so glad to see that finally India EB3 moved past April 01. Let us hope it keeps moving ahead.

This might be a stupid question to some, but if someone can answer my question I appreciate it.

I sent in my application in April 30 2001 under RIR, EB3. What is my case priority date? Is it when I sent in the application or is it when they sent me the application recd letter which was July 01 or is it when my I140 was approved?

Now that the date moved past April 2001 should I make an Infopass appointment to get my GC.


Filed – April 30 2001
I140 - Approved Aug, 2004
I765 – Approved Nov, 2004
I485 – Case transferred to Newark, NJ - Nov, 2004
Ead # 1 – Received Nov 2004
Ead # 2 – Approved Nov 2005
Interview – Aug 2005 – Passed - Stamped ‘485 Pending’
Ead # 3 – Approved Nov 2006

Soo close yet so far

 

[gravitation]

An even bigger question -a multi-million dollar one- is what percentage of 245i are in EW (Other workers) category and how many are in regular EB3 category.

245i people could file EB3 if their job required at least 2 years experience (cooks: yes; gas pump assistants: no). A typical liar will probably file for EW instead of EB3 by default. For the same reason they file EB3 instead of EB2... why do extra work when money is the same.

If most of 'm are in EW category, EB3 India will continue its march. EW is restricted to a quota of 5,000 per year. This of course means 245i applicants have a much much longer wait.

So, nobody knows the breakup. No guesstimates. Not even wild guesses.

The fact that EB3 moved forward lends support to the theory that 99% of 245i's are in EW category... but then... why're dates in EW category Oct 2001?!

It's all very mysterious.

Doomed to head explosion are those who try to make sense out of uscis's actions.

Guys and Gals,

The million dollar question is the true status of 245is. There are all sorts of theories out there. A lot of 245is have already been approved (remember 245is were around for a few years prior to April 31st 2001), a lot of them are still stuck in BECs and supposedly a lot of them are waiting for visa numbers. No agency can give us any estimation of the total number of 245is pending in the BECs and those that are in the pipeline for visas. Lets not even get into the actual nationality breakup of the 245is.

...

 

[gc_retrogress]

Once again we brought in valid arguments next month would tell us if we stall or move forward we are in good shape. We are behind 245is for India.

It could be that many are still pending in BEC and many are being investigated and maybe many were withdrawn and many were rejected ( I doubt if many are rejected, becuse they are being given amenesty). All kinds of possitive things for us.

Is there anyone out there from India who applied for 245i and his labor is cleared.

 

[saras76]

Agreed ..

An even bigger question -a multi-million dollar one- is what percentage of 245i are in EW (Other workers) category and how many are in regular EB3 category.

245i people could file EB3 if their job required at least 2 years experience (cooks: yes; gas pump assistants: no). A typical liar will probably file for EW instead of EB3 by default. For the same reason they file EB3 instead of EB2... why do extra work when money is the same.

If most of 'm are in EW category, EB3 India will continue its march. EW is restricted to a quota of 5,000 per year. This of course means 245i applicants have a much much longer wait.

So, nobody knows the breakup. No guesstimates. Not even wild guesses.

The fact that EB3 moved forward lends support to the theory that 99% of 245i's are in EW category... but then... why're dates in EW category Oct 2001?!

It's all very mysterious.

Doomed to head explosion are those who try to make sense out of uscis's actions.

gravitation,

You are right. The category of 245is (EB3 or EW is very important as well). Here is a list of questions for which there are no answers but the answers hold the key in determining PD progress for EB3

1. How many 245is are waiting for visas and how many are stuck in BECs? (A lot of numbers are thrown around but there is no way to find out this number)

2. Of the 245is that are stuck in the BECs, how many are EB3 and how many are EW. What nationalities do they belong to? (This will never be known. Even DOL doesn't know this.)

3. How many 245is will make it to the 140/485 stage? (Who knows?)

4. When will the BECs eliminate backlogs? (God knows)

5. How many people have abandoned their old labors and gone for PERM. How many of these have chosen EB2 for PERM.

6. How many EB3 labors coming out of BECs will be substituted?

These are just the abvious one. The conclusion is that there is to little information to judge this situation or make any sense of it. Lets just hope that India EB3 keeps moving forward this year. The progress maybe slow but it is better than being stuck in April forever.

cheers,

saras

 

[dmbronner]

They want to save EB3 visas for future implementation.

One of the areas of implementation is nurses. I do not remember when during the same FY any category was unavailable then next month became available.

Another area of implementation is traditional cases with old PD which are still pending in the BECs.

For Nurses? I think that nurses establish priority date when filing I-140, and most of them are from 2006 but not for 2002 , 03, 04 and 2005, so in absence of new legislation by the Congress, if before Nurses can apply concurrently for I140/I485, now they have to go to the end of the queue EB3.

If the Congress creates a new law, they need to create new visa numbers for nurses (Like the 50,000 created in 2005), but not take EB3 Visa numbers.

Regarding the 245i people, most of them are "Other Workers" Category (I HOPE), if not, why EB3 ROW advanced more than a year since October 2005?

 

[dmbronner]

An even bigger question -a multi-million dollar one- is what percentage of 245i are in EW (Other workers) category and how many are in regular EB3 category.

245i people could file EB3 if their job required at least 2 years experience (cooks: yes; gas pump assistants: no). A typical liar will probably file for EW instead of EB3 by default. For the same reason they file EB3 instead of EB2... why do extra work when money is the same.

If most of 'm are in EW category, EB3 India will continue its march. EW is restricted to a quota of 5,000 per year. This of course means 245i applicants have a much much longer wait.

So, nobody knows the breakup. No guesstimates. Not even wild guesses.

The fact that EB3 moved forward lends support to the theory that 99% of 245i's are in EW category... but then... why're dates in EW category Oct 2001?!

It's all very mysterious.

Doomed to head explosion are those who try to make sense out of uscis's actions.

What is the reason that the people like most of us who are PRESENTLY IN THE U.S. need to wait for a Fu...ing Visa number if WE ARE ALREADY HERE!!!! I Undrestand that the purpose of a QUOTA is to manage who ENTER the country as an Immigrant!!!

 

[sfmars]

For Nurses? I think that nurses establish priority date when filing I-140, and most of them are from 2006 but not for 2002 , 03, 04 and 2005, so in absence of new legislation by the Congress, if before Nurses can apply concurrently for I140/I485, now they have to go to the end of the queue EB3.

I do not argue about it.

If the Congress creates a new law, they need to create new visa numbers for nurses (Like the 50,000 created in 2005), but not take EB3 Visa numbers.

That is the point. I do not know if anyone remember but before May 2005 the original proposal was to give 100K unused visas to all EB categories (nurses as Schedule A did not exist yet), then that proposal was killed somewhere in Congress. And finally they created separate category Schedule A and gave them 50K out of 100K unused EB visas from previous 2 years.

Nurses belong to EB3.

All I wanted to say is that will be not a big surprise (for me at least) if sometime in the middle of 2007 nurses get from Congress 50K or 100K unused visas from FY 2006 and later in the middle of 2008 50K more of unused from FY 2007.

Regarding the 245i people, most of them are "Other Workers" Category (I HOPE), if not, why EB3 ROW advanced more than a year since October 2005?

How do you know about it ? It is very easy for 99% of them to prove that they have 2 years of experience and special training.

I believe that most of them in EB3 applied as EB3 skilled workers.

As for EB3 RoW most of the time India and China were 2-3 years behind the EB3 RoW (before FY 2001)

 

[dmbronner]

I do not argue about it.



That is the point. I do not know if anyone remember but before May 2005 the original proposal was to give 100K unused visas to all EB categories (nurses as Schedule A did not exist yet), then that proposal was killed somewhere in Congress. And finally they created separate category Schedule A and gave them 50K out of 100K unused EB visas from previous 2 years.

All I wanted to say is that will be not a big surprise (for me at least) if sometime in the middle of 2007 nurses get from Congress 50K or 100K unused visas from FY 2006 and later in the middle of 2008 50K more of unused from FY 2007.



How do you know about it ? It is very easy for 99% of them to prove that they have 2 years of experience and special training.

I believe that most of them in EB3 applied as EB3 skilled workers.

I know that most of them could have applied like EB3 but USCIS will approve an I-140 for a Gas Station Attendant or Cook? (Anyone can get 2 years of experience), if yes, we are doomed.

 

[gravitation]

I know that most of them could have applied like EB3 but USCIS will approve an I-140 for a Gas Station Attendant or Cook? (Anyone can get 2 years of experience), if yes, we are doomed.

This was one time accommodation.

 

[banta4gc]

as long as the shortage of nurses continues....there is no saying what congress might do...
but, I definitely would not rule out Schedule A coming back on track....Might be highly likely!
I agree with sfmars...In my opinion, USCIS still has about 40-50k unused quota from FY2004/FY2003 which they could very well put back for reuse...and I suspect Sch A might be the one getting it again...

But, with future...nobody can predict...what laws will Congress pass or not!

 

[GaramChai2go]

I know that most of them could have applied like EB3 but USCIS will approve an I-140 for a Gas Station Attendant or Cook? (Anyone can get 2 years of experience), if yes, we are doomed.

They can very well do it, atleast they are less threat to their jobs (white collar) and they need more of these gas attendant and cook so that they get better service at gas pumps and restaurants. On the contrary Bill Gates want techies. Either way, they want good service at cheaper price.

 

[dmbronner]

Estimated Calculations Of Dol Backloged Cases And Eb Visas

I made the following estimated calculations: (Note that I put 400,000 pending labors because DOL can say that at anytime

I put an estimated approvals of 80% (Remaining 20% can be withdrawn cases or denied).

I calculated that India, China, Phil. and Mexico together account for a 40% of the total cases according to the 2005 EB visas issued per country.

Regarding the 245i cases ROW most of these people already applied to I-485, since EB3 ROW is in Aug/2002. The problem is for India since if we suppose that 20,000 of the 44,800 estimated cases are 245i, at a quota of 2,800 visas (Not counting dependants), the future is

Correct me if I am wrong.


TOTAL ESTIMATED CASES BACKLOG CENTERS: 400,000

TOTAL ESTIMATED APPROVALS 80% 320,000

TOTAL ESTIMATED ROW EB1, EB2, EB3 60% 192,000
TOTAL: ESTIMATED INDIA / CHINA / MEX 40% 128,000

ESTIMATED SHARE PER YEAR
2001 ROW EB1, EB2, EB3 38,400 20%
2002 ROW EB1, EB2, EB3 48,000 25%
2003 ROW EB1, EB2, EB3 57,600 30%
2004 ROW EB1, EB2, EB3 48,000 25%
192,000

Estimated percentage share:
India 35% 44800
Mexico 35% 44800
China 15% 19200
Philipines 15% 19200
TOTAL 128000

 

[gc_retrogress]

Is there a list that people are maintaining as to who is waiting from EB-3 India?

That way we can find out if there any before April 2001. I know it is not comprehensive but atleast that gives us an idea.

I am not sure if cases can get rejected from BECs. I suspect the rejection % to be as high as 20% that is a big number.

 

[dmbronner]

Is there a list that people are maintaining as to who is waiting from EB-3 India?

That way we can find out if there any before April 2001. I know it is not comprehensive but atleast that gives us an idea.

I am not sure if cases can get rejected from BECs. I suspect the rejection % to be as high as 20% that is a big number.

the estimated 20% are mostly withdrawn cases, DOL in April 2006 said that of 108,000 cases, 50,000 were worked on, this is a 50%, but I think that a 20% is more conservative.

 

[gc_retrogress]

where did you get this info? Can you expound on your statement?

What is that 108k number? Cases being worked in 2006? What about other years?

if 50000 are being worked on, the rest are they sitting in some bin so that people can take up those files and start working?

 

[dmbronner]

where did you get this info? Can you expound on your statement?

What is that 108k number? Cases being worked in 2006? What about other years?

if 50000 are being worked on, the rest are they sitting in some bin so that people can take up those files and start working?

©MurthyDotCom
Backlog Processing Center - Less than One Third Completed So Far

The backlog processing centers (BPCs) began with just over 363,000 labor certifications in the backlog. The DOL reports that 108,000 of these cases have been completed. There are at least 255,000 cases that have not been completed. Of those cases completed, approximately 50,000 have been certified. This does not mean that there have been high rates of BPC denials. We believe it reflects the fact that a case is deemed "complete" if the employer chooses not to go forward at the 45-day letter stage.

DOL believes that all special-handling cases have been identified and contacted. Full data entry for all cases still appears to be slated for a June 30, 2006 completion.

 

[nyc8300]

Saras, you are hitting 2000 posts on this site! Get a life.

dmbronner,

Your reasoning is pretty valid but there are some basic errors. Firstly, the max number that has ever been quoted is 300,000 pending in the BECs. Second, just a few months ago the BECs and the DOL released an update that said that of the 300,000 only 170,000 were valid. The rest were abandoned/rejected. This news was widely reported on immigration sites. Third, of the 170,000 that are valid there is no telling how many are EB3 or EB2, there is no telling how many are 245is and there is no idea of the nationality breakdown. So all mathematical estimates are going to be wrong.

regards,

saras

 

[saras76]

You are counting my posts ..


You are acutally keeping up with the actual number of my posts .. what kind of a loser does that .. atleast I am writing stuff (no matter how useless it may be) u are simply counting the number .. u get a life u loser ...

later,

saras

 

[saras76]

BEC update from immigration-law

AILA-DOL Liaison Meeting Minute of 09/12/2006 gives update on the BEC backlog processing as follows:

Status of Processing of Cases:

Total Cases=362,000

Pending Cases=approximately 176,000 (45-day letters for all of these pending cases with a few exceptions have been issued)

Completed Cases=approximately 182,000 cases. These cases are completed in the following fashions:
50%=Closed or Withdrawn or Closed for No Response to 45-Day Letters
50%=Either Approved or Denied

At the front-end, the cases are processed on FIFO based on the priority date, but adjudication is done on FIFO based on the order of responses to the requests.

Processing Times may be posted on the website in the near future.
Traditional Case Processing:

Recruitment instructions and job order with the states are underway for some cases

Amendments (non-material changes) can be made in writing at any time before the job order is placed with the states by the BEC. Once the job order is begun, no amendments are permitted, even if the amendments involve non-matterial issues. BEC places job orders at the same time of issuing the recruitment instructions to the employers. Accordingly, once such recruitment instructions are received, apparently no amendments will be permitted. Unanswered Question: It is unclear whether the amendments will not be permitted once job order has been placed when the amendments involve just substitution of alien beneficiaries. Considering the fact that change of the alien beneficiaries does not affect the terms and conditions for the labor market test in the recruitment process in the traditional cases and such substitution had been permitted before the reengineering of the labor certification system, it appears that the foregoing restriction may not apply to the amendment for substitution of alien beneficiaries. The foregoing policies may be limited to the amendments to change the terms and conditions and requirements for the job.

DOL is planning to allow conversion of traditional cases to RIR by amending the existing RIR conversion regulation. The specific procedures and requirements will be published in a federal register soon. However, potential benefit of such conversion may be more or less limited in that the DOL is required to finish up all the BEC cases including traditional cases within next one year.