News!! Priority dates for Eb-3 are retrogressing
- Thread starter xyz2375
- Start date
This is what happens when retrogression takes place:
The priority date system(retrogression) directly impacts employment based green card applicants in the following ways:
1. Individuals who have not yet filed their I-485 application for adjustment of status will not be eligible to file that application until their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);
2. Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;
Individuals with approved I-140 petitions who apply for their immigrant visa through a US consulate in their home country must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate. Each immigrant visa petition has a priority date associated with it (e.g., the date the original application for labor certification was filed, or the date the I-140 petition was filed if no labor certification was required in the category). The State Department monitors on a monthly basis the number of immigrant visas or green cards that are issued in each category and compares this number to the total available for that category for the year as fixed by statute. When the rate of approval of immigrant visas (green cards) approaches the maximum allowable, the State Department begins restricting the rate at which applications can be filed or approved. This is done by publishing on a monthly basis the priority date "cutoffs" for each visa category - immigrant visa applications with priority dates on or before the published cutoff date for the category (i.e., their priority date is "current") can be filed, or if pending, can be approved; applications with priority dates later than the published cutoff date cannot be filed or approved (if pending) and must wait until their priority date becomes "current." The published cutoff dates may sometimes retrogress (i.e., go backward over time rather than forward), according to the State Department's estimate of usage.
The priority date system(retrogression) directly impacts employment based green card applicants in the following ways:
1. Individuals who have not yet filed their I-485 application for adjustment of status will not be eligible to file that application until their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);
2. Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;
Individuals with approved I-140 petitions who apply for their immigrant visa through a US consulate in their home country must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate. Each immigrant visa petition has a priority date associated with it (e.g., the date the original application for labor certification was filed, or the date the I-140 petition was filed if no labor certification was required in the category). The State Department monitors on a monthly basis the number of immigrant visas or green cards that are issued in each category and compares this number to the total available for that category for the year as fixed by statute. When the rate of approval of immigrant visas (green cards) approaches the maximum allowable, the State Department begins restricting the rate at which applications can be filed or approved. This is done by publishing on a monthly basis the priority date "cutoffs" for each visa category - immigrant visa applications with priority dates on or before the published cutoff date for the category (i.e., their priority date is "current") can be filed, or if pending, can be approved; applications with priority dates later than the published cutoff date cannot be filed or approved (if pending) and must wait until their priority date becomes "current." The published cutoff dates may sometimes retrogress (i.e., go backward over time rather than forward), according to the State Department's estimate of usage.
IndianInDallas
Registered Users (C)
You are OK!
LIke I said, Once you have filed your 485, your case will be processed based on the processing dates or before( if lucky). You can only file 485 when the visa is available for the country under the category. After filing all you have to wait for the processing date.
In my case even though I filed my case in Feb 03(All the categories in EB were current then), the priority date on my approval notice is from 2001.(Confusing?). I think the GC quota was from 2001 that was given to my case.
So you should be ok. In your case since it is con-cur, the processing date for you may be the processing date for 140. So keep your fingers crossed. One more thing , no body can predict USCIS working.
Again, this is just my understanding.
Thanks.
Indian
LIke I said, Once you have filed your 485, your case will be processed based on the processing dates or before( if lucky). You can only file 485 when the visa is available for the country under the category. After filing all you have to wait for the processing date.
In my case even though I filed my case in Feb 03(All the categories in EB were current then), the priority date on my approval notice is from 2001.(Confusing?). I think the GC quota was from 2001 that was given to my case.
So you should be ok. In your case since it is con-cur, the processing date for you may be the processing date for 140. So keep your fingers crossed. One more thing , no body can predict USCIS working.
Again, this is just my understanding.
Thanks.
Indian
haoyun04 said:
unitednations said:xyz, this has been discussed to death in all the forums over the last two months. Although it has seemed to die down it may be good for new members to know.
Hi United Nations,
This PD will have any problem, if we completes the
FP, my 140 is not approved. Labor priority is 10/28/02.
Can you please clarify on this?
From immigration-law.com
Anticipated EB Priority Date Retrogression, AC-21, and Survivability
In about a month and two weeks or so, the immigrant community will see the January 2005 Visa Bulletin. According to the State Department prediction, some categories of employment-based cases may see retrogression of visa numbers. In most likelihood, the potential candidates are China and India and EB-3 rather than EB-2 or EB-1. It is anybody's guess at this time when it comes to a question "how steep the number may move backward."
The old timers may remember that the oversubscription of the employment-based visa numbers was the norm rather than exception in old days. In this regard, the current immigrants in this country in fact enjoyed heiday in that the visa numbers have been "current" in all employment-based categories. Here we will look at the impact of retrogression on the immigrants.
In old days, no matter how long it took, the alien had to keep the employment with the sponsoring employer or otherwise they lost the opportunity to adjust status to a lawful permanent resident. Things have changed since then. Now, we have AC-21 that allows the alien to change employment after 180 days of I-485 filing and the aliens have a better chance to survive while awaiting the visa numbers and approval of I-485. That much, the immigrants of today are luckier than the old immigrants.
However, don't jump yet! Here are the bad parts. Currently, I-485 applicants cannot change employment unless the I-140 is "first approved." Accordingly, not every I-485 waiter will have a luck to survive. Worse yet, there is a pontential policy that will come into play once the visa number becomes unavailable - a policy of not adjudicating I-140 petitions for those cases for which visa numbers are not available. Indeed, the legacy INS adopted such policy in old days. Even now, in the family-based immigrant petitions (I-130), the USCIS adopts exactly this policy in that the Service Centers do not process I-130 immigrant petitions until the visa numbers become available. Such policy is justified in that it will be effective use of given resources to adjudicate the petitions for those whose I-485 can also be adjudicated because the visa number is available. On the other hand, arguably, the resources are allocated for wrong cases if the USCIS adjudicates I-140 petitions for which visa numbers are not available and even if the I-140 is approved, the alien will not be able to get his/her I-485 adjudicated for a long time until the visa number becomes available for him or her. Thus, should this policy be revived by the USCIS, the immigrants of the retrogressed categories will indeed witness a nightmare. If visa number is not available, it is likely under this policy that the USCIS will not adjudicate I-140, no matter whether it is filed independently or concurrently with I-485. Since I-140 will not be adjudicated until the visa number becomes available, the aliens may not be able to change employment even if they file a concurrent I-140/I-485 package. Depending on how long it will take to reach the numbers, the system will produce a plenty of I-485 filer victimes who may not be able to survive the test of the times unless the economy really turns around and there will be plenty of jobs for everyone. In this regard, retrogression means more than "just waiting."
Who will be real winners? The real winners are three groups: One is the group who have attained the approval of I-140 petitions when his/her I-485 application is tolled because of the retrogression in that the people in this group can change employment and survive while his/her visa number becomes current in the Visa Bulletin. The second group is those who happen to have earlier priority date because of the terrible pains they have endured for the past several years. There are a huge number of people who have been waiting and waiting "for years" to get the labor certification applications. The pain must have been unbearable. But these people will be rewarded for their past suffering. The DOL has decided to process 300,000-some backlog cases in the order of First In First Out, and longer they had waited, sooner they will see the labor certification applications be adjudicated. Besides, since their priority dates (labor certification application filing dates) go back several years, even if the visa numbers move backward, they may not be caught up by the "visa cut off date" unless the Visa Bulletin moves backward many many years. From here on, it is extremely important that they may not want to abandon the pending labor certification cases to go for a new labor certification application or substitution route since they will lose the old priority date. The third group is those who are not caught up with the visa number unavailability. Most of the nationals other than the oversubscribed nations will be benefited from the retrogression in that should the USCIS decides to adjudicate I-140 petitions and I-485 applications for whom visa numbers are available, more resources will become available within the Service Centers to adjudicate their cases and they will be able to get approval of I-140 and I-485 sooner than expected, assuming that the USCIS indeed decides not to adjudicate I-140 petitions for those whose priority dates are not available.
Anticipated EB Priority Date Retrogression, AC-21, and Survivability
In about a month and two weeks or so, the immigrant community will see the January 2005 Visa Bulletin. According to the State Department prediction, some categories of employment-based cases may see retrogression of visa numbers. In most likelihood, the potential candidates are China and India and EB-3 rather than EB-2 or EB-1. It is anybody's guess at this time when it comes to a question "how steep the number may move backward."
The old timers may remember that the oversubscription of the employment-based visa numbers was the norm rather than exception in old days. In this regard, the current immigrants in this country in fact enjoyed heiday in that the visa numbers have been "current" in all employment-based categories. Here we will look at the impact of retrogression on the immigrants.
In old days, no matter how long it took, the alien had to keep the employment with the sponsoring employer or otherwise they lost the opportunity to adjust status to a lawful permanent resident. Things have changed since then. Now, we have AC-21 that allows the alien to change employment after 180 days of I-485 filing and the aliens have a better chance to survive while awaiting the visa numbers and approval of I-485. That much, the immigrants of today are luckier than the old immigrants.
However, don't jump yet! Here are the bad parts. Currently, I-485 applicants cannot change employment unless the I-140 is "first approved." Accordingly, not every I-485 waiter will have a luck to survive. Worse yet, there is a pontential policy that will come into play once the visa number becomes unavailable - a policy of not adjudicating I-140 petitions for those cases for which visa numbers are not available. Indeed, the legacy INS adopted such policy in old days. Even now, in the family-based immigrant petitions (I-130), the USCIS adopts exactly this policy in that the Service Centers do not process I-130 immigrant petitions until the visa numbers become available. Such policy is justified in that it will be effective use of given resources to adjudicate the petitions for those whose I-485 can also be adjudicated because the visa number is available. On the other hand, arguably, the resources are allocated for wrong cases if the USCIS adjudicates I-140 petitions for which visa numbers are not available and even if the I-140 is approved, the alien will not be able to get his/her I-485 adjudicated for a long time until the visa number becomes available for him or her. Thus, should this policy be revived by the USCIS, the immigrants of the retrogressed categories will indeed witness a nightmare. If visa number is not available, it is likely under this policy that the USCIS will not adjudicate I-140, no matter whether it is filed independently or concurrently with I-485. Since I-140 will not be adjudicated until the visa number becomes available, the aliens may not be able to change employment even if they file a concurrent I-140/I-485 package. Depending on how long it will take to reach the numbers, the system will produce a plenty of I-485 filer victimes who may not be able to survive the test of the times unless the economy really turns around and there will be plenty of jobs for everyone. In this regard, retrogression means more than "just waiting."
Who will be real winners? The real winners are three groups: One is the group who have attained the approval of I-140 petitions when his/her I-485 application is tolled because of the retrogression in that the people in this group can change employment and survive while his/her visa number becomes current in the Visa Bulletin. The second group is those who happen to have earlier priority date because of the terrible pains they have endured for the past several years. There are a huge number of people who have been waiting and waiting "for years" to get the labor certification applications. The pain must have been unbearable. But these people will be rewarded for their past suffering. The DOL has decided to process 300,000-some backlog cases in the order of First In First Out, and longer they had waited, sooner they will see the labor certification applications be adjudicated. Besides, since their priority dates (labor certification application filing dates) go back several years, even if the visa numbers move backward, they may not be caught up by the "visa cut off date" unless the Visa Bulletin moves backward many many years. From here on, it is extremely important that they may not want to abandon the pending labor certification cases to go for a new labor certification application or substitution route since they will lose the old priority date. The third group is those who are not caught up with the visa number unavailability. Most of the nationals other than the oversubscribed nations will be benefited from the retrogression in that should the USCIS decides to adjudicate I-140 petitions and I-485 applications for whom visa numbers are available, more resources will become available within the Service Centers to adjudicate their cases and they will be able to get approval of I-140 and I-485 sooner than expected, assuming that the USCIS indeed decides not to adjudicate I-140 petitions for those whose priority dates are not available.
will_get_there
Registered Users (C)
PD for substitute labor
Guys,
I found lots of discussions on the issue of PD for substituted labor. Here is a link..
What I found was that most of the memos and regulations favor the PD of original labor to be retained by the substitue alien if no 140 was applied and approved for th eoriginal alien. Lot of amendments have been proposed to change this in the favor of fairness in queuing however those amendments never became a law. Nevertheless, we all know how random the actions of USCIS are ( e.g. in applying AC21 ) so we will know for sure only when the PDs really retrogress in 2005.
Enjoy the interpretations below ( Thanks mostly to Unitednations, Jharkhandi and Unsycus)
http://boards.immigrationportal.com/showthread.php?
t=146611&page=1&pp=15
will_get_there
Guys,
I found lots of discussions on the issue of PD for substituted labor. Here is a link..
What I found was that most of the memos and regulations favor the PD of original labor to be retained by the substitue alien if no 140 was applied and approved for th eoriginal alien. Lot of amendments have been proposed to change this in the favor of fairness in queuing however those amendments never became a law. Nevertheless, we all know how random the actions of USCIS are ( e.g. in applying AC21 ) so we will know for sure only when the PDs really retrogress in 2005.
Enjoy the interpretations below ( Thanks mostly to Unitednations, Jharkhandi and Unsycus)
http://boards.immigrationportal.com/showthread.php?
t=146611&page=1&pp=15
will_get_there
Unable to find on shusterman website the date to which EB3 will retrogress
Can u cut paste the snapshot from the site that we all can look at it.
Thanks.
I have gone thru that newsletter (October 2004) multiple times where they talk about retrogression, but unable to find the 2002 date for EB3 retrogression. While going thru some similar discsussion on the board I dont see any anticipated dates.xyz2375 said:
Can u cut paste the snapshot from the site that we all can look at it.
Thanks.
I140helppls
Registered Users (C)
re:
UN.
has there been a consensus on what the priority date will be in case of person with sub . labor. is it the orifinal labor date or I140 RD.
UN.
has there been a consensus on what the priority date will be in case of person with sub . labor. is it the orifinal labor date or I140 RD.
I140helppls
Registered Users (C)
re:
UN.
Thx for ur response. Yes I looked at my I140 and found that the priority date is the date of the original labor. Mine is a sub. case.
UN.
Thx for ur response. Yes I looked at my I140 and found that the priority date is the date of the original labor. Mine is a sub. case.
Visa Number Regression/History
Everyone keeps wondering how far the number will regress.
Well I looked a few things up just to see what the priority dates were before everything was current.
Employment Based Catagories
In June 2001 Visa Bulletin
1rst preference all countries (those countries with limits also) were current.
2nd preference all countires (those countries with limits also) were current.
3rd preference all countires were current EXCEPT INDIA their priority date was 01-JAN-1999.
Other workers all countries and those with limits the priority date was 01-May-1999.
4th preference all catagories (those countries with limits also) were current.
Certain Religious workers (those countries with limits also) were current.
5th preference (those countries with limits also) were current.
From July 2001 onwards things have been current.
Just for reference China used to be a country with limits also; that was until December 2001 and since then they are not a country with limits, Now its just India, Mexico and the Phillipines
Everyone keeps wondering how far the number will regress.
Well I looked a few things up just to see what the priority dates were before everything was current.
Employment Based Catagories
In June 2001 Visa Bulletin
1rst preference all countries (those countries with limits also) were current.
2nd preference all countires (those countries with limits also) were current.
3rd preference all countires were current EXCEPT INDIA their priority date was 01-JAN-1999.
Other workers all countries and those with limits the priority date was 01-May-1999.
4th preference all catagories (those countries with limits also) were current.
Certain Religious workers (those countries with limits also) were current.
5th preference (those countries with limits also) were current.
From July 2001 onwards things have been current.
Just for reference China used to be a country with limits also; that was until December 2001 and since then they are not a country with limits, Now its just India, Mexico and the Phillipines
Senate Judiciary hearing for "comprehensive immigration reform"
Guys,
Senate Judiciary hearing for comprehensive immigration reform (which includes section to recapture unused immigrant visas and increase number of immgrant visas to 290,000)is scheduled on Tuesday, Jul. 26, 2005 9:30 a.m. So come on guys...please..please send emails / letters / fax / make phone calls to your senators as well as senate judiciary members. Our goal is to hit our message to them by Monday. Everyone's effor counts.
Here is the link:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183
Guys,
Senate Judiciary hearing for comprehensive immigration reform (which includes section to recapture unused immigrant visas and increase number of immgrant visas to 290,000)is scheduled on Tuesday, Jul. 26, 2005 9:30 a.m. So come on guys...please..please send emails / letters / fax / make phone calls to your senators as well as senate judiciary members. Our goal is to hit our message to them by Monday. Everyone's effor counts.
Here is the link:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183