Jan/Feb 2005 Interviews-EB3

From one of previous post,

The 485 date in Vermont is June 2003. So if you take a guess PD would regress to early to mid of 2002 (1-6th month of 2002).
putting 18 months for labor and assuming most did concurrent filing.

I know im pulling this from my rear by looking at past patterns, but this is just my guess.

Although appan, i do get a feeling that your question is rather circastic than genuine.

/S
 
r_sada said:
From one of previous post,

The 485 date in Vermont is June 2003. So if you take a guess PD would regress to early to mid of 2002 (1-6th month of 2002).
putting 18 months for labor and assuming most did concurrent filing.

I know im pulling this from my rear by looking at past patterns, but this is just my guess.

Although appan, i do get a feeling that your question is rather circastic than genuine.

/S
Click to expand...

Thanks for the information.......................Then we have to wait for another 2 years :mad:
 
Appan
it need not be 2 years
as the dates can move faster and need not be a one to one month correlation.

THE WORST CASE is when the dates move backwards
which can happen as well, but in the past i have seen it happening only on family visas and not on employment based.

/S
 
r_sada said:
sad part is for those of us who get stuck in consulate, there is no way even to move to 485.

/S
Click to expand...

Sada,
Can you please elaborate on that. You've set me on tenterhooks. We can't switch to I-485 after the case goes to consulate?

If so, I'm leaving and going back to India. :mad:
 
Emailraja:

Sada is right if the PD regresses it's a double whammy for the ones going for CP. They won't get the interview and they can't file for their I-485 until the PD becomes current.

Talk about begin shot after getting raped. If you find a cheap one way ticket to India I'm in too.
 
ifeellucky said:
Emailraja:

Sada is right if the PD regresses it's a double whammy for the ones going for CP. They won't get the interview and they can't file for their I-485 until the PD becomes current.

Talk about begin shot after getting raped. If you find a cheap one way ticket to India I'm in too.
Click to expand...
Oh no. If I go home, I'm going to get myself fired and have them pay for the flight back.
 
emailraja said:
Sada,
Can you please elaborate on that. You've set me on tenterhooks. We can't switch to I-485 after the case goes to consulate?

If so, I'm leaving and going back to India. :mad:
Click to expand...

Im also in a similar boat , i dont want to panic people but here is the reasons.

1. Your case review is completed and is in Consulate
2. PD regress happens and goes back to say, 2002 or 2001.(god knows)

In that case even if you decide to switch to 485, you CANNOT apply for 485 until your PD is current.
Same goes to CP people too, if they have CP mentioned in 140 application after approval of 140, NVC would sit on it until PD is current

This is what i gather from enormous reading , gurus, correct me if im wrong.

I think hopefully we can get H1 extensions in lieu of approved labor and 140,
and pray PD moves quicker

Again all this is under the assumption that PD is moving back to 2 years or so, If we are lucky and it does not happen :) or it moves by very short time then we can all be happy and not worrying.

The Journey is tiring

/S
 
CP to I485

I don't think we can change from CP to I485 once CP fees are paid. I know someone who changed before paying the CP fees and was told by his lawyer that if he would have paid them he would not have been able to change to I485
sdd
 
NVC has just created fee bill in my case. I have not yet received it. can I switch to I-485 before 12/31/2004?
 
ggsr said:
NVC has just created fee bill in my case. I have not yet received it. can I switch to I-485 before 12/31/2004?
Click to expand...
Yes you can. Just don't pay the fee bill until the pd situation becomes clear.
 
I dont think it will be of much help as the timing is too short,
DOS publishes the date on Dec 15th for the month of January.

/S
 
Trying to Calculate Retrogression

Am new to this stuff so just trying to speculate. I may be wrong.
If these are the Processing dates for 485 and
Assuming 18 months for Labour

California : Feb 2004 means they are processing PD July 2002
Vermont : May 2003 means they are processing PD Jan 2002
Texas : May 2002 means they are processing PD Jan 2001
Nebraska : May 2002 means they are procesing PD Jan 2001


Then, the average PD would fall in late 2001.
 
Any Updates ?

All,
did any one ping the consulates for interview dates for January >
Any responses. please post and keep us updated.
I had pinged them wed/thursday of past week and got a response

"You will know the exact date after Dec 12th"

Did any one receive any other response.

/S
 
Immigrant Visa Number Availability ...

Hello all
All of us who are concerned about the Retrogression issue.. pls refer to the link : http://uscis.gov/graphics/howdoi/immvisa.htm

How Do I Apply for an Immigrant Visa Number?
You do not directly apply for an immigrant visa number. In most cases, your relative or employer sends a visa petition to the USCIS for you (the beneficiary) to become an immigrant. (Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf.) USCIS will tell the person who filed the visa petition (the petitioner) if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you (the beneficiary of the application) when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation that may affect your eligibility for an immigrant visa. You may contact the National Visa Center by writing to: The National Visa Center; 32 Rochester Avenue; Portsmouth, New Hampshire 03801-2909.

Pls review the imformation in bolds. This clearly means that the Case leaves NVC only after the Visa Numbers are issued.Which further means that the cases that has been forwarded to Consulate do have the Immigrant Visa Numbers issued to them and would not get delayed in scheduling the Interviews. Is that correct ????
Based on this information , I would also get response from my Lawyer and would inform to the forum. Any comments ???

So this means that if someone wants to withdraw the case from NVC before Retrogression occurs, they should be eligible to do so to get benifit by filing I-485 while the Priority dates are current.

Experts , can you pls throw the light in this matter how the process goes ???
 
Bhasu,
your conclusion above is wrong. there's a simple difference between "until an immigrant visa number is available" and "an immigrant visa number is issued". Please go read all other threads. this issue has been beaten to death already.

So once and for all: A visa number must be available (means your priority date should be current) at EVERY STAGE in the process. Just because it went from stage i to stage i+1 doesn't mean you're through. Even if it has reached consulate, it can still wait there for years. Finally, the consulate asks NVC to ISSUE you a visa number and only then schedules an interview. Until you get the interview call, there is NO GUARANTEE of anything.
 
Last edited by a moderator:
EmailRaja - Question for you..

I concur with all the information that you had sent , i beleive thats the way it works. But yet there is one small issue in which im still not clear.


Every month the consulate posts send their request to Dept of State for Visa numbers by the 8th of the month. DOS receives the request and releases numbers and based on what is released they publish the cut off dates on 15th of the month in the VISA BULLETIN.

Now my question this for those cases that has reached the consulate say take an example my case.
NVC sent the case on Oct 15th, Even if i beleive it takes 10 days by Oct 25th or Oct 30th My case should have reached Chennai consulate.
I sent an email first week of November 1st or 2nd and got a response that my intervew will be likely in January.

with that said,
1. when does consulate request visa numbers for these type of cases ?
2. Does consulate request visa numbers for the following month (now it will be for january) by the 8th of the month(Dec 8th) and then schedule December interviews or is it done atleast a month in advance ?
3.Last question, if in case we get a interview date scheduled ( by some miracle) in december and i go for interview in January what is the effect of the PDs not being current at the time of the interview ? Will this happen at all , im going to have to guess it will happen (atleast for some cases who had an interview in December and postponed to January)

How will these be handled.
Shed some light please,

/S
 
Bhasu,

What this means is

In March 99, the cutoff priority date for EB2 was Sept 97 and that for Eb3 was Feb 96. and in July 99, the PD was current for both.


MM-YY EB2 EB3
------------------------
Mar-99 Sep-97 Feb-96
Apr-99 Nov-97 Apr-96
May-99 Jan-98 May-96
Jun-99 Oct-98 Sep-96
Jul-99 C C

BH
Bhasu said:
ifeellucky How to read this ... I'm confused :confused:

Thanks
Click to expand...
 
Thanks bulandhausla and r_sada

Its clear that there is no fixed pattern for PD moving in the past. May be depends upon the # of applicants from particular country and thanks r_sada for clarifying the issue.

Also to confirm this I got a letter from my lawyer who stated that in letter sent by NVC, says "You would be scheduled for an interview once the dates becomes current per the Visa Bulletin ..."
So it seems certain that incase my PD is not current, interview wont get scheduled.

Thanks

EB3/ RIR
PD : Nov 2002
Case sent to NWD: 19NOV04
 
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