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MAY VISA bullitin here!!
- Thread starter GOD_BLESS_YOU
- Start date
Agreeing with GC_TRAP
Hello GC_TRAP :
I am completely with you. We have not even one string with us that we can pull or control on. There is no point in lamenting and even making it public on these kinds of Forums after all!
Hold the breath until the next bulletin and keep doing the same as we have little or no influence...unless we join Immi. Voice or so...I am not promoting them...But, thats atleast a Hope we are seeing. Personally I haven't given even a penny to them, but I feel that COMPLAINING on this bulletin or making fun of USCIS ar anything would not be worth it.
Hold it tight for every bulletin, Be +ve and keep being +ve until your date is current.
I hope the future posts would see other options than just getting disappointed....
GC143
Hello GC_TRAP :
I am completely with you. We have not even one string with us that we can pull or control on. There is no point in lamenting and even making it public on these kinds of Forums after all!
Hold the breath until the next bulletin and keep doing the same as we have little or no influence...unless we join Immi. Voice or so...I am not promoting them...But, thats atleast a Hope we are seeing. Personally I haven't given even a penny to them, but I feel that COMPLAINING on this bulletin or making fun of USCIS ar anything would not be worth it.
Hold it tight for every bulletin, Be +ve and keep being +ve until your date is current.
I hope the future posts would see other options than just getting disappointed....
GC143
Here are my 2 cents:
Backlog centers have a plan to complete the full data entry of all the cases by 06/30/2006. Then DOL/USCIS will have the count of EB-3 cases that have PD <= 04/30/2001. I agree with the folks here that EB-3 for all countries will not move much in this fiscal year. It might move 1-2 months in the last quarter (Jul'06 -Sep'06) depending on the number of EB-3 cases that have PD <= 04/30/2001.
PD: 04/30/2001 EB-3 India
I-140/I-485 ND: 12/15/2004
I-140 AD: 01/27/2005
1st EAD/AP ND: 01/07/2005 AD: 01/26/05
2nd EAD ND: 09/26/2005 AD: 10/12/2005
2nd AP ND: 02/09/2006 AD: 04/05/2006
FP Done: 04/09/2005, Results received on 04/18/2005
LUD: 04/20/2005, .....
Backlog centers have a plan to complete the full data entry of all the cases by 06/30/2006. Then DOL/USCIS will have the count of EB-3 cases that have PD <= 04/30/2001. I agree with the folks here that EB-3 for all countries will not move much in this fiscal year. It might move 1-2 months in the last quarter (Jul'06 -Sep'06) depending on the number of EB-3 cases that have PD <= 04/30/2001.
PD: 04/30/2001 EB-3 India
I-140/I-485 ND: 12/15/2004
I-140 AD: 01/27/2005
1st EAD/AP ND: 01/07/2005 AD: 01/26/05
2nd EAD ND: 09/26/2005 AD: 10/12/2005
2nd AP ND: 02/09/2006 AD: 04/05/2006
FP Done: 04/09/2005, Results received on 04/18/2005
LUD: 04/20/2005, .....
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friendcool
Registered Users (C)
Finally
PD aug 2003, EB-2 China
It's my turn now. Just a bit lucky. Actually I didn't realize that I was EB-2 when my company applied my labor.
Hope every EB-2 people will be happy soon.
Plus, my attorney said that I have to wait until May 1st to file 485.
PD aug 2003, EB-2 China
It's my turn now. Just a bit lucky. Actually I didn't realize that I was EB-2 when my company applied my labor.
Hope every EB-2 people will be happy soon.
Plus, my attorney said that I have to wait until May 1st to file 485.
texancanadian
Registered Users (C)
I am more pessimistic than Saras
DOS is setting the dates not based on actual demand from EB3 but on perceived demand. Unless all the 245 (I) cases are cleared (not just entered) I dont see the dates moving forward at all.
They need to act on the 245(i) cases and the Regular cases. Unless they act on them and either clear the labor or reject them, dates will not move.
DOL should follow proper FIFO. Even today they are approving RIR cases from 2003 but there are Regular cases pending since 1998 (where advertising wasnt done) that are still waiting to be cleared. None of the regular cases that I know of have been instructed to go for new advertising by any of the BEC's.
DOS is setting the dates not based on actual demand from EB3 but on perceived demand. Unless all the 245 (I) cases are cleared (not just entered) I dont see the dates moving forward at all.
They need to act on the 245(i) cases and the Regular cases. Unless they act on them and either clear the labor or reject them, dates will not move.
DOL should follow proper FIFO. Even today they are approving RIR cases from 2003 but there are Regular cases pending since 1998 (where advertising wasnt done) that are still waiting to be cleared. None of the regular cases that I know of have been instructed to go for new advertising by any of the BEC's.
You may be right ..
texancanadian,
You may be right in your assesment. If what you say is indeed true then there is nothing other than an immigrant freindly bill that can solve this problem. As things stand now, EB3 will be stalled for a few years.
regards,
saras
texancanadian said:I am more pessimistic than Saras
DOS is setting the dates not based on actual demand from EB3 but on perceived demand. Unless all the 245 (I) cases are cleared (not just entered) I dont see the dates moving forward at all.
They need to act on the 245(i) cases and the Regular cases. Unless they act on them and either clear the labor or reject them, dates will not move.
DOL should follow proper FIFO. Even today they are approving RIR cases from 2003 but there are Regular cases pending since 1998 (where advertising wasnt done) that are still waiting to be cleared. None of the regular cases that I know of have been instructed to go for new advertising by any of the BEC's.
texancanadian,
You may be right in your assesment. If what you say is indeed true then there is nothing other than an immigrant freindly bill that can solve this problem. As things stand now, EB3 will be stalled for a few years.
regards,
saras
I guess noone still believes the theory that I have been telling since June last year when all the recaptured Visa numbers and remaining 2005 numbers were given to Schedule A workers.
The white paper that accompanied that ruling clearly (well it was some legal language that I dont clearly understand) specified that Schedule A workers will have the first shot at current FY Visa numbers and when that get depleted they will eat into the reserved (recaptured numbers). My vies at that time was that EB3 folks would have to wait until the demand for Schedule A workers dies down ar at least slows down, so as to not completely eat up all the numbers. Then EB3 folks will get a shot.
So learning from what happened last year, I am not very keen to see any immigration reform bill passed. I am sure once that passes the illigal immigrants will get the first shot at the numbers (without regards for Pirority dates). Remember the immigration reform bill is not about easing the problems faced by legal immigrants like us. All the clauses in the bill that relate or concern us are never even debated, those clauses are just getting hitched on the broader bill for illigal immigrants.
I know no one wants to belive all this, but will soon become clear when come May 2007 bulletin, the EB3 PD will be still lingering at March 2001.
neo
The white paper that accompanied that ruling clearly (well it was some legal language that I dont clearly understand) specified that Schedule A workers will have the first shot at current FY Visa numbers and when that get depleted they will eat into the reserved (recaptured numbers). My vies at that time was that EB3 folks would have to wait until the demand for Schedule A workers dies down ar at least slows down, so as to not completely eat up all the numbers. Then EB3 folks will get a shot.
So learning from what happened last year, I am not very keen to see any immigration reform bill passed. I am sure once that passes the illigal immigrants will get the first shot at the numbers (without regards for Pirority dates). Remember the immigration reform bill is not about easing the problems faced by legal immigrants like us. All the clauses in the bill that relate or concern us are never even debated, those clauses are just getting hitched on the broader bill for illigal immigrants.
I know no one wants to belive all this, but will soon become clear when come May 2007 bulletin, the EB3 PD will be still lingering at March 2001.
neo
dcmetro22042
Registered Users (C)
It unfortunate that we have to wait for a bill that supports illegal alients to get immigration benefits, to get respite to us who have been working legally for years! Again, its sad that they get in line before us (by amnesty). Anways, after the recent failure of immigration reform, I have actually started comtemplating using AC21. Until now, I was sure that I might see my EB3 PD in a year or so..but now...I see around 2 years of pain...not sure if I want to keep slogging at present company for another 2 years...my patience isn't really helping...
are all of u guys going to continue to wait...my PD is May 2003
are all of u guys going to continue to wait...my PD is May 2003
texancanadian
Registered Users (C)
neocor,
I completely agree with you. Schedule A eats into EB3 number first and only then eats into their quota.
However the puzzling thing is that even their quota is being depleted - only 20K of 50K numbers remain. DOS has said scheduled A my also start retrogressing in 1st quarter of fical 2007 yr (October 06 - Dec 06).
So if they were taking visas from regular EB3 first it would mean that all EB3 visas for this year are over and therefore the 30K Schedule A visas are being eaten into. But then EB3 India moved 1 month, why would it move even 1 month if no EB3 visas are available ???
One thing is for sure (100%) this country can not survibve without foreign RN's. The medical system will crumble. Once the 50 K visas for schedule A is obver they will do something for it. They will have to. They may not do anything for us regular guys but they will have to do something for schedule A.
I completely agree with you. Schedule A eats into EB3 number first and only then eats into their quota.
However the puzzling thing is that even their quota is being depleted - only 20K of 50K numbers remain. DOS has said scheduled A my also start retrogressing in 1st quarter of fical 2007 yr (October 06 - Dec 06).
So if they were taking visas from regular EB3 first it would mean that all EB3 visas for this year are over and therefore the 30K Schedule A visas are being eaten into. But then EB3 India moved 1 month, why would it move even 1 month if no EB3 visas are available ???
One thing is for sure (100%) this country can not survibve without foreign RN's. The medical system will crumble. Once the 50 K visas for schedule A is obver they will do something for it. They will have to. They may not do anything for us regular guys but they will have to do something for schedule A.
neocor said:I guess noone still believes the theory that I have been telling since June last year when all the recaptured Visa numbers and remaining 2005 numbers were given to Schedule A workers.
The white paper that accompanied that ruling clearly (well it was some legal language that I dont clearly understand) specified that Schedule A workers will have the first shot at current FY Visa numbers and when that get depleted they will eat into the reserved (recaptured numbers). My vies at that time was that EB3 folks would have to wait until the demand for Schedule A workers dies down ar at least slows down, so as to not completely eat up all the numbers. Then EB3 folks will get a shot.
So learning from what happened last year, I am not very keen to see any immigration reform bill passed. I am sure once that passes the illigal immigrants will get the first shot at the numbers (without regards for Pirority dates). Remember the immigration reform bill is not about easing the problems faced by legal immigrants like us. All the clauses in the bill that relate or concern us are never even debated, those clauses are just getting hitched on the broader bill for illigal immigrants.
I know no one wants to belive all this, but will soon become clear when come May 2007 bulletin, the EB3 PD will be still lingering at March 2001.
neo
BobbySingh
Registered Users (C)
How do you know if your 485 has completed FBI check
Hey XU111:
how can you tell if your 485 is in background check? Does the uscis website say so? How did you find out? Thanks
Bobby
xu111 said:EB1-Ihina moved 6 months to July 1, 2004
EB2-China moved 12 months to Jan. 1, 2004
EB3-China doens't move, still at May 1, 2001
EB1-India moved 6 months to July 1, 2005
EB2-China moved 6 months to Jan. 1, 2003
EB3-China moved 1 months to Mar 1, 2001
Hey XU111:
how can you tell if your 485 is in background check? Does the uscis website say so? How did you find out? Thanks
Bobby
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NYImmigrant
Registered Users (C)
texancanadian said:Schedule A eats into EB3 number first and only then eats into their quota.
texancanadian said:So if they were taking visas from regular EB3 first it would mean that all EB3 visas for this year are over and therefore the 30K Schedule A visas are being eaten into. But then EB3 India moved 1 month, why would it move even 1 month if no EB3 visas are available ???
Hey guys... am I missing something here ? why would you suggest EB3 visas may not be available ? Any link for the analysis that Schedule A are taking all the visas from EB3 ?
Read the remarks from DOS in the VB. You can easily find it out. All the signs shows that they will make it unavailable in 2-3 months.
Good Luck to all of us.
Good Luck to all of us.
NYImmigrant said:Hey guys... am I missing something here ? why would you suggest EB3 visas may not be available ? Any link for the analysis that Schedule A are taking all the visas from EB3 ?
texancanadian
Registered Users (C)
I did some more research and things are better than what they seem at least as far as Schedule A eating our numbers so far. Please see the following note F from the November 2005 Visa bulletin. I have bolded the relevant wording.
F. VISA AVAILABILITY BASED ON THE “RECAPTURE” OF EMPLOYMENT-BASED NUMBERS
Title V, Section 502 of the REAL ID Act of 2005 (Division B of Pub. L. 109-13 enacted May 11, 2005) provides for the recapture of 50,000 Employment-based immigrant visa numbers that were unused in fiscal years 2001 through 2004. Such numbers are to be made available to Employment-based immigrants described in the Department of Labor's Schedule A and their accompanying spouses and children. The immigrant classification for these 50,000 visa numbers has been designated as Schedule A Worker with the category symbol being “EX”. Beginning immediately, “EX” visa numbers may be allocated to Schedule A immigrants and their dependents only; all other immigrants within the Third preference will continue to use the traditional Third preference classification. Note that any Schedule A applicant will first be eligible for a visa number under the traditional Third preference cut-off date. “EX” visa numbers may be allocated to all Third preference Schedule A applicants from all countries, including China, India, and Philippines, only if their priority date is beyond the established Third preference cut-off date or if the Third preference category is “Unavailable”. The “EX” category is CURRENT, and will remain Current for the foreseeable future.
So looks like not all Schedule A applicants eat into EB3. Only those applicants with PD current will eat into EB3. I doubt any Schedule A will still be around with PD prior to March 01 because they dont have to go through labor.
F. VISA AVAILABILITY BASED ON THE “RECAPTURE” OF EMPLOYMENT-BASED NUMBERS
Title V, Section 502 of the REAL ID Act of 2005 (Division B of Pub. L. 109-13 enacted May 11, 2005) provides for the recapture of 50,000 Employment-based immigrant visa numbers that were unused in fiscal years 2001 through 2004. Such numbers are to be made available to Employment-based immigrants described in the Department of Labor's Schedule A and their accompanying spouses and children. The immigrant classification for these 50,000 visa numbers has been designated as Schedule A Worker with the category symbol being “EX”. Beginning immediately, “EX” visa numbers may be allocated to Schedule A immigrants and their dependents only; all other immigrants within the Third preference will continue to use the traditional Third preference classification. Note that any Schedule A applicant will first be eligible for a visa number under the traditional Third preference cut-off date. “EX” visa numbers may be allocated to all Third preference Schedule A applicants from all countries, including China, India, and Philippines, only if their priority date is beyond the established Third preference cut-off date or if the Third preference category is “Unavailable”. The “EX” category is CURRENT, and will remain Current for the foreseeable future.
So looks like not all Schedule A applicants eat into EB3. Only those applicants with PD current will eat into EB3. I doubt any Schedule A will still be around with PD prior to March 01 because they dont have to go through labor.
NYImmigrant said:Hey guys... am I missing something here ? why would you suggest EB3 visas may not be available ? Any link for the analysis that Schedule A are taking all the visas from EB3 ?
BobbySingh,
There is an email address (CSC-XII.485@dhs.gov) to ask status of your I-485 filed to CSC. For other centers, I think you can make an infopass appointment at local offices.
By the way, my NC is pending.
There is an email address (CSC-XII.485@dhs.gov) to ask status of your I-485 filed to CSC. For other centers, I think you can make an infopass appointment at local offices.
By the way, my NC is pending.
BobbySingh said:Hey XU111:
how can you tell if your 485 is in background check? Does the uscis website say so? How did you find out? Thanks
Bobby
NYImmigrant
Registered Users (C)
I had a similar feeling. We will not continue to get the benefit of recaptured visa which Schedule A workers are currently using if Schedule A itself gets retrogressed.
As much as I want Saras to be wrong with his analysis about EB3 india not passing beyond May 2001 in the current year (ending Oct), I think his analysis is correct. Only time will tell.
In the past, I heard people mentioning that one could potencially file his/her 485 even if his PD is not current. Could you guys tell me which bill was that and any hope of it passing ?
As much as I want Saras to be wrong with his analysis about EB3 india not passing beyond May 2001 in the current year (ending Oct), I think his analysis is correct. Only time will tell.
In the past, I heard people mentioning that one could potencially file his/her 485 even if his PD is not current. Could you guys tell me which bill was that and any hope of it passing ?
texancanadian said:I did some more research and things are better than what they seem at least as far as Schedule A eating our numbers so far. Please see the following note F from the November 2005 Visa bulletin. I have bolded the relevant wording.
So looks like not all Schedule A applicants eat into EB3. Only those applicants with PD current will eat into EB3. I doubt any Schedule A will still be around with PD prior to March 01 because they dont have to go through labor.
TexanCanadian, Thanks for pointing out the correct wordings.
This makes it clear that only those Schedule A workers will get the EB3 numbers whos PD's are current.
The huge Schedule A revolution started in 2001 so there must be millions of applications pending in the USCIS hungry for Visa Numbers out there. So even if EB3 numbers move ahead 1 month they will be eaten up first by Schedule A workers.
God forbid what happens when the 245i applicants flood the system.
Then there is always the Labor substitution cases and the umpteen numbers of fraud repeat labors filed by consulting companies to dupe unsuspecting people. These things though may not eat up the Visa numbers but they are surely going to slow things down. As the USCIS would spend time in those applications before rejecting them.
The Schedule A workers, 245i applicants and Labor Substitution comprise a triple strike. Usually in baseball terms thats out. Is anyone here calling one of the above a "ball" rather than a "strike" !!! We have hope.
Well I guess most of us here are from India and following cricket, we are probably looking at 10 wickets before the innings fold. Well 3 already down the fourth will come with the new immigration bill.
neo
blondhenge
Registered Users (C)
neocor said:TexanCanadian, Thanks for pointing out the correct wordings.
This makes it clear that only those Schedule A workers will get the EB3 numbers whos PD's are current.
The huge Schedule A revolution started in 2001 so there must be millions of applications pending in the USCIS hungry for Visa Numbers out there. So even if EB3 numbers move ahead 1 month they will be eaten up first by Schedule A workers.
There not not "millions" of schedule A applications right now. If there were, then the EX category WOULD NOT BE CURRENT.
Schedule A
neo,
You are incorrect about schecdule A workers. Last year the DOS took away 50,000 visas from EB3 and gave them to Schedule A workers. That is why EB3 retrogressed in July 05. The 50,000 visas that they had alloted to Sch A were not all used by by Oct 05. This shows that there aren't as many eligible Sch As out there. Atleast not right now.
As for the 245is, that a different story.
regards,
saras
neocor said:TexanCanadian, Thanks for pointing out the correct wordings.
This makes it clear that only those Schedule A workers will get the EB3 numbers whos PD's are current.
The huge Schedule A revolution started in 2001 so there must be millions of applications pending in the USCIS hungry for Visa Numbers out there. So even if EB3 numbers move ahead 1 month they will be eaten up first by Schedule A workers.
God forbid what happens when the 245i applicants flood the system.
Then there is always the Labor substitution cases and the umpteen numbers of fraud repeat labors filed by consulting companies to dupe unsuspecting people. These things though may not eat up the Visa numbers but they are surely going to slow things down. As the USCIS would spend time in those applications before rejecting them.
The Schedule A workers, 245i applicants and Labor Substitution comprise a triple strike. Usually in baseball terms thats out. Is anyone here calling one of the above a "ball" rather than a "strike" !!! We have hope.
Well I guess most of us here are from India and following cricket, we are probably looking at 10 wickets before the innings fold. Well 3 already down the fourth will come with the new immigration bill.
neo
neo,
You are incorrect about schecdule A workers. Last year the DOS took away 50,000 visas from EB3 and gave them to Schedule A workers. That is why EB3 retrogressed in July 05. The 50,000 visas that they had alloted to Sch A were not all used by by Oct 05. This shows that there aren't as many eligible Sch As out there. Atleast not right now.
As for the 245is, that a different story.
regards,
saras
texancanadian
Registered Users (C)
Saras,
I beg to differ on the Schedule A numbers. The 50 K came not from last years EB3 quota but were recaptured numbers from 2001-2004.
The instructions for sch A say that they will eat out of the EB3 numbers if the PD of the sch A application is before the PD of the EB3 quota. So lets say today a sch A with a PD of Feb 2001 applies for I 485, then they will eat from regular EB3 quota. However a sch A applicant with a PD of Jan 2005 will not eat out of the regular EB3 quota but the special 50,000 numbers.
So last yr when Schedule A was started there would be many applicants who would have eaten into regular quota because of old pending PD's. However all those must have been taken. People from sch A applyiong today will 99 % be taking from the 50 K numbers.
Remember that for most of us we were screwed because DOL didnt act on our LC applications in time. However the sch A fols never had to go through labor so very less likelihood of a sch A applicant with PD in 2001 , 2002 or even 2003 to be still around.
I beg to differ on the Schedule A numbers. The 50 K came not from last years EB3 quota but were recaptured numbers from 2001-2004.
The instructions for sch A say that they will eat out of the EB3 numbers if the PD of the sch A application is before the PD of the EB3 quota. So lets say today a sch A with a PD of Feb 2001 applies for I 485, then they will eat from regular EB3 quota. However a sch A applicant with a PD of Jan 2005 will not eat out of the regular EB3 quota but the special 50,000 numbers.
So last yr when Schedule A was started there would be many applicants who would have eaten into regular quota because of old pending PD's. However all those must have been taken. People from sch A applyiong today will 99 % be taking from the 50 K numbers.
Remember that for most of us we were screwed because DOL didnt act on our LC applications in time. However the sch A fols never had to go through labor so very less likelihood of a sch A applicant with PD in 2001 , 2002 or even 2003 to be still around.