July 05 Bulettin (EB3 Unavailable)

What Raj says is wrong, PD is assigned for the existing applications at the time of adjuciation and for new I-485 they are accepted only if the PD's are current. That is how it works.
 
Visa number is allocated at the time of approval and not at the time of filing. When EB3 retrogressed several months ago (for the first time), all the applications with a priority date later than the cut-off date were put on hold. Department of State adjusts the priority dates every month based on the number of actual approvals and the number of estimated approvals for the rest of the fiscal year.

Come July 1st, the EB3 category becomes unavailable for all countries. That means, if your application is not approved by June 30th (including RFE cases) you will have to wait till Oct 1st (which is the start of the next fiscal year).

Unfortunately most of the EB3 guys will have to wait till Oct 1st at the least.
 
rrajendr,

I think you meant to say Visa number and not PD.

PD is assigned when you apply for Labor.
 
Too bad guys.

Based on the comments from seniors especially from Saras and others the EB3 files will be moved to the warehouse for quiet some time...

First -- PD dates issue..
Now -- Non avilability of visa numbers.
Next -- ?

Is any thing left in the sleeves of BCIS ?

I dont see light near future..
Guys...nothing more to say.... 'Wait'..Just get used to this 4 letter word....

Thanks,
Raj
 
We are all in it together

Raj and others,

These things are totally out of our control. Atleast we have a medium to share our frustrations. We are all in it together and will get out of this hell hole together. Lets keep the exchange going and help eachother through it all.


cheers,

saras
 
Reply from lawyer

This is what my lawyer had to say -

The visa number is assigned when the officer decides whether or not to
approve or reject and application. As the current listing is
unfortunately "unavailable" rather than a date, it means that your file
will not be processed until visas in EB-3 again become available and
your priority date is again current. I wish I could tell you when this
would be, but we don't have any guidance on this at this point in time.
 
I am sorry I meant
What Raj says is wrong, Visa date is assigned for the existing applications at the time of adjuciation and for new I-485's are accepted only if the PD's are current. That is how it works.
 
All EB3, why not just take a break and enjoy the summer.

and foget about freaking GC for a while.
 
Sorry guys,

But, I think, it is very easy to understand.

PD is for queue, which is long
Availability of VISA number is who gets from PD queue and grabs green card

When VISA number is not available no body gets in to grabs green card.

TSC was slow, TSC guys will suffer more. I am very sad for you all.
But think of miracle is not going to happen between now and October 1, 2005. May be meantime TSC officers will clear cases for additional H1-B, EB1, EB2.

In October, they will have resources to work on all backlogged EB3 cases.

I will keep praying for you all

KP
EB2, RIR, India, PD July 2000
Labor filed July 2000
Labor approved Dec 2000
I-140 filed, Feb 2001
I-140 RFE1, Dec 2001
I-140 REF2 (intent to deny case), Jan 2002
I-140 Approved, June 2002
I-485 RD/ND July 2002
FP Feb 9, 2005
AD April 27, 2003
PS May 5, 2005
CO May 11, 2005
CR May 15, 2005

PS: I suffered a lot (lots of sleepless nights) and it took INS and immigration system to decide 5 years for my case.
 
Sorry guys,

But, I think, it is very easy to understand.

PD is for queue, which is long
Availability of VISA number is who gets from PD queue and grabs green card

When VISA number is not available no body gets in to grabs green card.

TSC was slow, TSC guys will suffer more. I am very sad for you all.
But think of miracle is not going to happen between now and October 1, 2005. May be meantime TSC officers will clear cases for additional H1-B, EB1, EB2.

In October, they will have resources to work on all backlogged EB3 cases.

I will keep praying for you all

KP

Green Card process stated on May 1, 2000
EB2, RIR, India, PD July 2000
Labor filed July 2000
Labor approved Dec 2000
I-140 filed, Feb 2001
I-140 RFE1, Dec 2001
I-140 REF2 (intent to deny case), Jan 2002
I-140 Approved, June 2002
I-485 RD/ND July 2002
FP Feb 9, 2005
AD April 27, 2003
PS May 5, 2005
CO May 11, 2005
CR May 15, 2005

PS: I suffered a lot (lots of sleepless nights) and it took INS and immigration system to decide 5 years for my case.
 
I agree with myh

myh,

You are right on the money buddy. Lets relax and enjoy the summer. Atleast we now know that "NOTHING" will happen. Sometimes its better than being in the dark like we are right now.

cheers,

saras
 
when do you think the Cut off dates will be decided, will it go beyond 2002 also ? Can some body comment on that.
 
raj1971 said:
Too bad guys.

Based on the comments from seniors especially from Saras and others the EB3 files will be moved to the warehouse for quiet some time...

First -- PD dates issue..
Now -- Non avilability of visa numbers.
Next -- ?

Is any thing left in the sleeves of BCIS ?

I dont see light near future..
Guys...nothing more to say.... 'Wait'..Just get used to this 4 letter word....

Thanks,
Raj
Click to expand...

You can't really blame the USCIS for this. They are just the administrative body that assigns the immigrant visas allocated by the US Department of State. The number of visas allowed per category, per country, per year is set by law. In past years, the USCIS has been so slow that they have not actually run out of visa numbers. Now they are speeding up, they run out of numbers.

You could of course argue that TSC is at fault for being slower than the other service centres and therefore allowing the others to get an unfair share of the available visas.
 
Guys, i am a bit confused. I am an EB3 but have not done my PP stamping yet, does this affect me when i go for stamping?

wheresmygc
 
The system is at fault

dms,

All the fault does not lie on one particular organization but the there is no doubt that the system is flawed. There is no accountability and there is no consistency. Its a lottery and it shouldn't be ..

Different people have different perspectives. I am sure people who have been approved within months of filing will always sing praises of the USCIS and people like me will bitch the system because they have completely messed up my case from the get go. Nothing is perfect but it sure sucks to be on the receiving end of their flaws.

saras
 
wheresmygc,

I believe you are safe since your case is already approved.

But I have also read the opinion of Sheela Murthy who said that the visa number is not assigned until you stamp your passport. And other attorneys have disagreed.

But why would you want to take a chance and wait? If you have already received your approval notice why don't you just take the infopass appt and get your passport stamped before June 30th.
 
dinnu said:
But I have also read the opinion of Sheela Murthy who said that the visa number is not assigned until you stamp your passport.
Click to expand...

That would be news to USCIS, since one of the last steps before approval in the I-485 SOP is getting the immigrant visa number. It'd also be news to CBP, since CBP cannot place the I-551 stamp in your passport unless you are in posession of an immigrant visa. :)
 
dinnu said:
wheresmygc,

I believe you are safe since your case is already approved.

But I have also read the opinion of Sheela Murthy who said that the visa number is not assigned until you stamp your passport. And other attorneys have disagreed.

But why would you want to take a chance and wait? If you have already received your approval notice why don't you just take the infopass appt and get your passport stamped before June 30th.
Click to expand...

Thanks. I have it already scheduled for this Friday since the day of the approval, didn't want to waste any time! I am just trying to understand better what my situation is. Things at USCIS just keep changing, so it is very easy to get that sense of insecurity again when it comes to GC issues. I will only relax when i have the card in my hands, then i will stop worrying, for a while i think :)

wheresmygc
 
visa availability might change as early as next month

A bill that will increase per country visa limit from 7 to 10% and double employment visa numbers to 290,000 has been introduced by McCain. If approved this bill in addition to allowing 400,000 illegals to become legal will remove retrogression for some time to come. Interestingly the bill also changes the family sponsorship and increases the green card holders spouse and children to 50% of family category visas.
A link to the bill summary can be found at:

http://shusterman.com/toc-leg.html#6D

***********************

LEGISLATIVE DEVELOPMENTS IN 2005

The Secure America and Orderly Immigration Act of 2005 (McCain-Kennedy) (S.1033/H.R.2330)
 
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