July Bulliten

Not to many regular 2001 PDs in BECs

AGC4ME said:
I'm more worried about the P/DBEC cases than the 245(i) cases. Wonder how many 2001 cases are backlogged in those two facilities.

AGC4ME,

Apart from 245i there aren't to many 2001 labor cases in the BEC. I am a 2001 filer and followed the trend of labor approvals for several years since I got stuck in that mess. Most people who applied for their labor in 2001 got it cleared in early 2004. I believe the BECs came into being in the summer of 2004. Most of the cases in BECs are 2002 and beyond. I am pretty sure of that.

regards,

saras
 
My theory is that for Mexico once the May 1st hurdle is passed the dates are going to fly and remain the same as the EB3 worldwide category.

The two reasons behind my rationale is that most of the EB3 skilled or professional applications are comming from H1B visa beneficiaries which if we see the statistcs Mexico does not have as many in comparison to leading countries like India.

For example the statistics for the year 2004
(http://www.uscis.gov/graphics/shared/statistics/yearbook/2004/Table25.xls)

Mexico brought 17,917 H1B beneficiaries to the US while the India brought 83,536

Also if we see the Visa Bulletins before the retrogression disaster happened at the beginning of this fiscal year we'll notice that Mexico was always "current".
 
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There is a substantial chunk of regular labor with PDs in 03/04 which were sent to the BECs from all the states in preparation for PERM. How many? I don't know. Nobody knows. They could be 10% of the 300k, 20% or maybe more than 50%! We can only guess as always!
 
pls dont be so sure

saras76 said:
AGC4ME,

Apart from 245i there aren't to many 2001 labor cases in the BEC. I am a 2001 filer and followed the trend of labor approvals for several years since I got stuck in that mess. Most people who applied for their labor in 2001 got it cleared in early 2004. I believe the BECs came into being in the summer of 2004. Most of the cases in BECs are 2002 and beyond. I am pretty sure of that.

regards,

saras

There are many like me , but not in this forum :(
 
saras76 said:
AGC4ME,

Apart from 245i there aren't to many 2001 labor cases in the BEC. I am a 2001 filer and followed the trend of labor approvals for several years since I got stuck in that mess. Most people who applied for their labor in 2001 got it cleared in early 2004. I believe the BECs came into being in the summer of 2004. Most of the cases in BECs are 2002 and beyond. I am pretty sure of that.

regards,

saras

saras,
I've seen 4 or 5 ppl in IV with PD of 01 and labor cases pending with the BECs. Whether those are freak cases or a symptom of larger disease is not known to me.
 
2001 PDs pending in BECs

may or may not cause problem. It all depends on how USCIS handles them. Let us say that USCIS has a bunch of files in the AoS status. If it just looks at the earliest date and then calculates a cut-off date based on Visa # availability then those who have filed 485 are quite okay.

If USCIS decides to wait for the BECs to tell them that they have processed all applications for April 01 and are moving to May 01 etc and uses that to calculate the PD then we are all screwed.

In reality it will be somewhere in the middle. USCIS probably looks at filed AoS and number I140s that will become eligible to file AoS when the move the date and act accordingly.
 
I understand your plight ...

atyagi73 said:
There are many like me , but not in this forum :(

atyagi73,

I understand that there are (non 245i) 2001 EB3 cases in the BECs but there aren't to many. When we are talking numbers we are talking in the thousands. I am still convinced that the majority of the cases in the BECs are from 03-04 and quite a few from 02.

regards,

saras
 
See the problem with USCIS is, when they had the dates current, they went on an approval binge. All they took notice of was the Receipt Dates. I personally know many folks who applied until Sep 03 got their GreenCards irrespective of their PDs. At 9 people of my company who applied with the same priority date as mine got their approvals in 2004. So it is really hard to predict numbers when they dont follow any guidelines. Iam much worried about the dates going current, because it will be more ad-hoc processing than it is based on PD.
 
Concurrent processing was a curse ...

nyte_crawler said:
See the problem with USCIS is, when they had the dates current, they went on an approval binge. All they took notice of was the Receipt Dates. I personally know many folks who applied until Sep 03 got their GreenCards irrespective of their PDs. At 9 people of my company who applied with the same priority date as mine got their approvals in 2004. So it is really hard to predict numbers when they dont follow any guidelines. Iam much worried about the dates going current, because it will be more ad-hoc processing than it is based on PD.

Guys and Gals,

To add to what nyte_crawler has mentioned. The AC-21 memo provision that allowed concurrent filing of 140/485 was actually a very bad thing for most of us who are currently stuck. Think about it .. In the earlier system, people applied for their 140s that took about 7 months to a year in most cases and then they applied for their 485s. This system delayed the filing of the 485 but it kind of ensured that cases were approved in a slightly more orderly fashion. Older PDs got to file their 485s earlier than people who had newer PDs. Now along came concurrent filing combined with a speed up in the processing of 140s and the whole system went to hell. Thousands upon thousands of newer PDs got to file their 485s along with their 140s. Their 140s got approved within 5-6 months and the IDIOTIC USCIS started approving their 485s almost concurrently with the 140s. What did this do, this led to a surge in the approval of newer PDs eating away at the VISA numbers. The visas that should have gone to people like us were given away to people who filed way after us ... thinking about this stuff really angers me ...

Sometimes I wish I did not research this issue as much because when I realize the underlying reason for all this mess I get really angry. The USCIS and DOS keep feeding us crap to hide their blunders. They have approved people within a year while people who have been waiting for 4-5 years are now stuck in retro ... 245i's are being used as a cover for their mistakes. This is not a conspiracy theory my frens, it makes to much sense.

I have finally come to the realization that it all comes down to fate. If the USCIS would not have misplaced my 140/485 application, I might have gotten lucky at the expense of someone else who had been waiting much longer than me. As fate would have it, my application was delayed by a year because they couldn't find the files for 8 months. Finally when they did find the files they issued a useless RFE on my wifes case. By the time all this got sorted, retro hit. Now what could I have done differently ... nothing was in my control .. it was pure fate. I fought hard to get my case back on track but fate played a completely different hand on me and my family. I fought it for a long time but I have grudingly come to terms with it ..

All of us will get the GC or not get it whenever fate decides .. we have to stay on top of the process and do what we can but ultimately we are helpless here ...

regards,

saras
 
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mamamiax said:
Hope your prediction goes to hell !!!! :mad:

Even I want the same.

But looking at the last few bulletins, I am ruining my weekends keeping high hopes... now I want to keep my hopes low and any date beyond Apr 01, I will be happy.
 
Saras
Life isn't fair and this process is anything but fair!
Why only concurrent filing, Sub-Labor, discrepancy between Service centers ....and the list goes on and on....
Is it fair that if you change Employer before 140 you don't get to keep the PD even if you have waited on ur labor for years while in a Sub-Lab case somebody who has not waited a day simply steps in and gets to keep an old PD?(It has happened to me!)
Call it fate or whatever life isn't fair and this process is the very embodiment of unfairness in life!
 
True ..

CoolTiger said:
Saras
Life isn't fair and this process is anything but fair!
Why only concurrent filing, Sub-Labor, discrepancy between Service centers ....and the list goes on and on....
Is it fair that if you change Employer before 140 you don't get to keep the PD even if you have waited on ur labor for years while in a Sub-Lab case somebody who has not waited a day simply steps in and gets to keep an old PD?(It has happened to me!)
Call it fate or whatever life isn't fair and this process is the very embodiment of unfairness in life!

CoolTiger,

I guess its good to learn these lessons now. After the GC there will be some other challenge in life.

Anyway, the weekend is almost here and its time to relax and enjoy what we have ..

later,

saras
 
I am afraid that after passing this insane period of lack of professional freedom, upon getting GC or -leaving for good if else- for those of us with career ambitions we may need to work much harder to catch up. As I am getting older, I was planning to continue in a more stable job, work less hours, enjoy more time with family. I am not sure if that will be possible.

Have a good weekend everyone. I guess July VB is coming only next week, as if that makes a difference.





saras76 said:
CoolTiger,

I guess its good to learn these lessons now. After the GC there will be some other challenge in life.

Anyway, the weekend is almost here and its time to relax and enjoy what we have ..

later,

saras
 
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any idea when July bulletin may be out

When will July builletin be out ?
Wish they moved eb3 by a year.

ac
 
In the same token ...

marlon2006 said:
I am afraid that after passing this insane period of lack of professional freedom, upon getting GC or -leaving for good if else- for those of us with career ambitions we may need to work much harder to catch up.

marlon2006,

There is no doubt that with each passing day a lot of us are losing out on opportunities that may not present themselves in the future. However, I have found that through my struggles with this process I have become very disciplined and even more hardworking. The constant fear of the future has made me make some tough decisions and made me a much stronger person. If the GC process had gone smoothly I might not have gotten that extra training certificate or saved as much .. who knows. A little bit of nervous uncertainty can go a long way. The bottom line is that there are always two sides to everything. Very few things are completely bad or good ...

regards,

saras
 
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