July 05 Bulettin (EB3 Unavailable)

I am as confused as you are.
There are 2 possibilities.
1. As you said, that they wont process EB3.
2. is I think, that they wont accept EB3 applications now.

I would think that if you have filed I485, then it would mean that a visa number is allready alloted to you.

So now, if someone is ready for filing I485, he would have to look at this bulettin and decide whether he is eligible to apply.

Anybody has some comments on this?
 
Looks like they will begin to process them after 1st october 2005...

EB-3 Visa Numbers Unavailable Soon
Applicants for the EB-3 visa category will most likely have to hold on to their applications sometime this summer. The USCIS is approving approximately 30,000 applications per month, which will likely lead to a temporary freeze of EB-3 approvals.The EB-3 category is for applicants that are

Aliens with at least two years of experience as skilled workers;
Professionals with a baccalaureate degree; and
Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States. When the temporary suspension of approvals happens, the USCIS and the State Department won't approve any green card applications until Ocober 1, 2005, with the exception of registered nurses, physical therapists and their families.

http://immigration.about.com/b/a/173693.htm
 
Great !!

Guys,

I was afraid something of this sort would happen. I think I can forget about getting my GC this year. Oh well ..

saras76
 
yoginm73 said:
I am as confused as you are.
There are 2 possibilities.
1. As you said, that they wont process EB3.
2. is I think, that they wont accept EB3 applications now.

I would think that if you have filed I485, then it would mean that a visa number is allready alloted to you.

So now, if someone is ready for filing I485, he would have to look at this bulettin and decide whether he is eligible to apply.

Anybody has some comments on this?
Click to expand...

If you are an EB3

You cannot apply for I-485 (you can apply just I-140)
If already applied it will not approved because visa number given at the time of approval. But you will be able to renew EAD and AP.
 
what about people with PD's in early 2002 ? If PD is not current then new 485 applications canot be filed, but older ones will be processed as and when the visa numbers for EB3 corresponding to PD are available again, correct ?
 
Hi guys,

Just checked with my Atorney ..This is what she said...

The visa no., will be reserved for an applicant when 485 application is submitted.So, for those who has applied for 485 and their PD is current will have their approvals and it is the matter of time..

For those who applied for 485 and PD is not current will have to wait for their
PD's to be current(Known fact to everyone)

and

For those whose 140's are approved will have to wait till the visa numbers are available for applying 485's (meaning if PD moves when the no's available).

Can I get any concurrence on this please..

Thanks,

Raj
 
if you are lucky U could get 485 approval between now and June 30th

Raj1971 your attorney is not right. After July new applicants can not lodge I-485 until EB3 visa numbers are available and their PD is current. Those whose applications are pending regardless of their PD can not get approved after 1st July until new PD dates come out in September 05. I am pasting a write up from immigration-law.com below:

06/14/2005: EB-3 Worldwide Visa Number Unavailability in July, August, September 2005 and Pending or New EB-3 I-485 Applications

All the pending EB-3 I-485 applications, except Schedule A occupations, will remain dormant untill September 30, 2005 unless they are approved before the mid-night of June 30, 2005. Some luckiest EB-3 I-485 waiters may receive approvals during this period of time (next 15 days)! The accompanying spouses whose I-485 applications are pending despite the principal alien's I-485 applications have been approved will not be able to obtain their I-485 applications adjudicated before October 1, 2005 unless their pending I-485 applications are approved on or before June 30, 2005.
During the three months period of time, regardless of the priority dates, no new EB-3 I-485 filing will be available. Those who obtained the labor certification applications should run to file the concurrent I-140/I-485 packet before the end of June. Inasmuch as the applications are receipted by June 30, Thursday, the USCIS will accept the filings and issue EAD and AP pending the I-485 applications.



raj1971 said:
Hi guys,

Just checked with my Atorney ..This is what she said...

The visa no., will be reserved for an applicant when 485 application is submitted.So, for those who has applied for 485 and their PD is current will have their approvals and it is the matter of time..

For those who applied for 485 and PD is not current will have to wait for their
PD's to be current(Known fact to everyone)

and

For those whose 140's are approved will have to wait till the visa numbers are available for applying 485's (meaning if PD moves when the no's available).

Can I get any concurrence on this please..

Thanks,

Raj
Click to expand...
 
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Most of us will have to wait

Guys,

From all I have read it seems that most of us EB3s with pending applications will have to wait till the end of this year for some sort of action. Some lucky ones may get approved before the 1st of July but I am not counting on that.

This proves that we are completely at their mercy. They can take away visa numbers, change rules, do whatever they please. All we can do is wait and hope that their rules don't screw us over completely.

My wifes 485 had an RFE issued and it has been 2.5 months since TSC acknowledged our response. Nothing has happened since the reply was acknowledged and now it seems like all of 05 might go in waiting.

It is better to be an illegal alien in this country rather than being a so called "Skilled Professional".

regards,

saras
 
Cut-Off date June 1, 2002 for India

When I called up 202-663-1541 it said the cut-off date is June 1, 2002 for EB3 applicants from India. Doesn't this mean that they will still process applications that has PD prior to June 1, 2002?
 
Hi Durham,

You are right on the new one's and for those whose PD's are not current..

But for those whose PD's are current which means the visa no. allocation is already done will not be affected...

What my Atorney says is if your 140 is approved and your PD is current the case is not in dormant state ...

But, let us get some more replies and answers from experts in this thread..I know I am not that experienced here but just wanted to post the informtion I got from my Lawyer..

Thanks,

Raj
 
cutoff

tshroff,

The cutoff date currently is July 2002. This will change on the 1st of July 2005. Starting the 1st of July 2005, EB3s will be unavaliable for all countries. This means that those that have pending applications will have to wait until 1st OCT 2005 for some sort of action on their file, while unfiled applicants will have to wait till the 1st of OCT to actually file. This is what I understand.

regards,

saras
 
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i agree with raj here...i believe that once ur 485 is filed, you are already allotted a visa number..the unavailable thing is for new applicants only...u cannot apply until ur date becomes current...and any PD after june 1st 2002 can still apply now...don't u think? that's what PD becoming current means..isn't it? i just came to the site after a month r so...and found abt the EB3 unavailability thing...sorry to hear abt that guys..

goodluck to all of you

madhav
 
We can nterpret the rules which suits us most

We can interpret the rules which suits us most but the fact will not change. Some sweet Lawyer will tell what we want to hear. But visa unavailable means "its all over till 30th sep 2005".Visa numbers are allotted at the time of approval not at filing. But still they stop accepting file.485 EB3 filer have to wait till Oct 05 regardless of 140 approval or priority date.
 
tshroff said:
When I called up 202-663-1541 it said the cut-off date is June 1, 2002 for EB3 applicants from India. Doesn't this mean that they will still process applications that has PD prior to June 1, 2002?
Click to expand...

You are right but that is until 30 June only. After that there is NO cut off date - EB3 Visa numbers are unavailable - period. Visa numbers are alloted for each subsequent month by DOS and being eligible to submit a 485 application does not mean that Visa number will be available at the time of adjudication. In consular processing sometimes if the visa numbers requested by the consulate run out (based on estimated request) then applicants have to wait until the following month for a Visa number.
 
What about RFE case?

Guys,

This might be tricky but what about those appilcations for which an RFE has been issued against the 485. Do you think a visa number has already been assigned for that case ... I don't think it will be but thought I would put this thought out there. My wifes case is in this situation.

regards,

saras
 
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