** Pending 485 Eb3 Cases Affected By Priority Date Retrogression **

No issues, just take your FP Notice, Passport and driver's licence.

Just wondering, how come you got the FP notice so fast? All EB3 visa numbers are retrogressed. What's your priority date?


swas said:
I just want to give a update on my case.

My and my wifes 485/ead/AP were sent on 6/22/05 in EB3 . I did not get any of the receipts.
The checks got cleated on July 5.

I got today the FP notice for me and my wife to be done next week. Question when I will get the receipts. Should my wife's 485/ead/ap receipts coem to my home?

Please help. Will it be a issue if I go for FP with only FP notice.
 
I think that even though the visa nos are retrogressed came to know from Murthy that they will continue to issue rfe and process your case but they just wont approve it. FP pretty much everybody gets a notice right away .
 
Update

thanks

My PD is April 2002. I believe they will continue all the processing required for EAD/AP/485 in July/Aug/Sep but wont issue any approvals for EB3. From October they will start depending on the new PD.

My lawyer applied 485/Ap/EAD for me and my wife.

Will my wifes receipts come at home?
 
Senate Judiciary hearing on "comprehensive immigration reform"

Guys,

Senate Judiciary hearing for comprehensive immigration reform (which includes to recapture of unused immigrant visas and increase number of yearly immigrant visas to 290,000 - that can alleviate visa retrogression issue) 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 effort counts!

Here is the link where you will find contact info of your senators and other committee members:

http://immigrationportal.com/showpost.php?p=1202739&postcount=183

Please modify the letter according to your situation.
 
We have convinced ourselves that the retrogression is here to stay for certrain countries where demand for visa number is high.

Murthy has given a politically correct answer by indicating that the dates will not be current and we all know that. I was expecting her to give some more information about progressive development in coming time.


fast_gc_seeker said:
 
gceeker05 said:
We have convinced ourselves that the retrogression is here to stay for certrain countries where demand for visa number is high.

Murthy has given a politically correct answer by indicating that the dates will not be current and we all know that. I was expecting her to give some more information about progressive development in coming time.
If it goes by what she says, its gonna be a long wait for all Indian citizens like me. She also predicts retrogression to affect EB2 folks so god save us all.
 
EB-3 Visa Number Problem and Likely Relief by Pending Immigration Reform Bills

So far we have reported a depressing EB-3 visa number prediction based on the current immigration law that allocates only 140,000 a year for the employment-based immigrant visas. However, there are two leading immigration reform legislative bills pending in the Senate which are likely to give some relief to the EB-3 backlog problem, should the bills be enacted into law. One is McCain-Kennedy bill, S. 1033, and the other Cornyn-Kyl bill, S.1438. These bills have attracted a lot of attention from the media and public in two respects: Differences in the two bills in the issues of legalization of illegal aliens and the weight of border and enforcement in the nation's immigration policy.

However, from the perspective of the employment-based immigrant community, these two bills will benefit, albeit differently, the EB-3 workers tremendously. The following table compares the current EB visa number allocation system with proposed changes in the allocation system in these two bills:
Current System <==> Cornyn-Kyl bill <==> McCain-Kennedy bill
EB Total Annual Quota 140,000(100%) <==> 190,000(100%) <==> 290,000(100%)
EB-1 28.6% <==> 20.0% <==> 20.0%
EB-2 28.6% <==> 20.0% <==> 20.0%
EB-31 28.6%* <==> 35.0% <==> 35.0%

*Includes EB-3 EW unckillsed other worker upto 10,000

=> Current EB-3 EW Other Workers Included in EB-31 per current system -Current EB 3 EW is reclassified into the new EB-5 preference
=> Current EB-4 (Special Immigrants) 7.1% per current system - Current EB-4 category removed.
=> Current EB-5(Investor) 7.1% per current system - Reclassified into the new EB-4 preference
=> New EB-4(Investor) - 4.0% (Cornyn-Kyl bill); 5.0% (McCain-Kennedy bill) -Formerly EB-5
=> New EB-5(Other Workers) - Upto 36.0% (21.0%) (Cornyn-Kyl bill); Upto 30.0% (20.0%) (McCain-Kennedy bill) - Formerly EB-3 EW Other Workers. Since it is the lowest preference, if EB-1, EB-2, EB-3, and EB-3 use up their numbers, the practical available number would be the figures in the parenthesis.

Under both Cornyn-Kyl bill and McCain-Kenney bill, the big winners will be the current EB-3 workers. For instance, current EB-3 quota, excluding nurses and physical therapists, is approximately 40,000 a year including EB-3 skilled and professional workers and EB-3EW other workers (upto 10,000), but it will increase to 104,000 plus (66,500 EB-3 + 38,000 new EB-5) under Cornyn-Kyl bill, and to 159,000 plus (101,500 EB-3 + 58,000 new EB-5) under McCain-Kennedy bill. Part of this benefit will come from termination of immigration visa lottery, 55,000 (DV Program). Both bills also provide positive recapture of unused numbers in the previous years which will lead to some numbers available for the regular EB-3 workers after taking away 50,000 numbers by the nurses and physical therapists.

When it comes to the specific numbers, the two bills differ to a great extent, but remarkably both bills are committed to reducing the serious EB-3 backlogs under the current immigration quota system. This is a good news.

Source: http://www.immigration-law.com/

So bottomline is, support this bill strongly by sending letter/email/fax or phone call to your Senators/Congressman/President/Committees.

Don't know who is your senators/congressman or what to send? Click here:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183
 
kewl said:
So far we have reported a depressing EB-3 visa number prediction based on the current immigration law that allocates only 140,000 a year for the employment-based immigrant visas. However, there are two leading immigration reform legislative bills pending in the Senate which are likely to give some relief to the EB-3 backlog problem, should the bills be enacted into law. One is McCain-Kennedy bill, S. 1033, and the other Cornyn-Kyl bill, S.1438. These bills have attracted a lot of attention from the media and public in two respects: Differences in the two bills in the issues of legalization of illegal aliens and the weight of border and enforcement in the nation's immigration policy.

However, from the perspective of the employment-based immigrant community, these two bills will benefit, albeit differently, the EB-3 workers tremendously. The following table compares the current EB visa number allocation system with proposed changes in the allocation system in these two bills:
Current System <==> Cornyn-Kyl bill <==> McCain-Kennedy bill
EB Total Annual Quota 140,000(100%) <==> 190,000(100%) <==> 290,000(100%)
EB-1 28.6% <==> 20.0% <==> 20.0%
EB-2 28.6% <==> 20.0% <==> 20.0%
EB-31 28.6%* <==> 35.0% <==> 35.0%

*Includes EB-3 EW unckillsed other worker upto 10,000

=> Current EB-3 EW Other Workers Included in EB-31 per current system -Current EB 3 EW is reclassified into the new EB-5 preference
=> Current EB-4 (Special Immigrants) 7.1% per current system - Current EB-4 category removed.
=> Current EB-5(Investor) 7.1% per current system - Reclassified into the new EB-4 preference
=> New EB-4(Investor) - 4.0% (Cornyn-Kyl bill); 5.0% (McCain-Kennedy bill) -Formerly EB-5
=> New EB-5(Other Workers) - Upto 36.0% (21.0%) (Cornyn-Kyl bill); Upto 30.0% (20.0%) (McCain-Kennedy bill) - Formerly EB-3 EW Other Workers. Since it is the lowest preference, if EB-1, EB-2, EB-3, and EB-3 use up their numbers, the practical available number would be the figures in the parenthesis.

Under both Cornyn-Kyl bill and McCain-Kenney bill, the big winners will be the current EB-3 workers. For instance, current EB-3 quota, excluding nurses and physical therapists, is approximately 40,000 a year including EB-3 skilled and professional workers and EB-3EW other workers (upto 10,000), but it will increase to 104,000 plus (66,500 EB-3 + 38,000 new EB-5) under Cornyn-Kyl bill, and to 159,000 plus (101,500 EB-3 + 58,000 new EB-5) under McCain-Kennedy bill. Part of this benefit will come from termination of immigration visa lottery, 55,000 (DV Program). Both bills also provide positive recapture of unused numbers in the previous years which will lead to some numbers available for the regular EB-3 workers after taking away 50,000 numbers by the nurses and physical therapists.

When it comes to the specific numbers, the two bills differ to a great extent, but remarkably both bills are committed to reducing the serious EB-3 backlogs under the current immigration quota system. This is a good news.

Source: http://www.immigration-law.com/

So bottomline is, support this bill strongly by sending letter/email/fax or phone call to your Senators/Congressman/President/Committees.

Don't know who is your senators/congressman or what to send? Click here:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183
thx for providing this info.

folks if interested, pls contact ur senators to express your support for these bills.
 
FYI - EB3 applicants

This may be a good news for all those EB3 applicants if it works out the way as printed on http://www.immigration-law.com/.

Following is copy of it

Early next month, September, DOS will release the October 2005 Visa Bulletin and people will see the impact of new fiscal year visa number allocation on EB-3 visa number availability. As the State Department has already predicted, EB-3 visa number may become current for world-wide, and even for China and India, some numbers may become available inasmuch as their priority dates are older than the new cut-off dates which the October 2005 Visa Bulletin will establish.
Report indicates that the Service Centers have been continuously processing EB-485 cases even though their visa numbers are currently unavailable and they cannot decide the cases. They are getting ready for October 1, 2005! No wonder why the EB-3 I-485 applicants have been receiving biometic appointment letters en masse lately. This is certainly not a bad news at all.
Here are a few pointers which may help the people who have been anxiously waiting for the EB-3 visa numbers becoming available for them:
First, when you receive the biometric scheduling, you should never reschedule it as it can cause a delay in processing your EB-3 I-485 applications. For Indians and Chinese, you may learn that such rescheduling will turn out be one of the most serious mistakes you would ever have made in the immigration journey.
Second, when RFE is received for either I-140 or EB-3 I-485 applications, you should send in responses as promptly as possible so that your cases will get ready for adjudication when the EB-3 visa numbers will become availabe on October 1 and thereafter.
Third, you should not do anything that can trigger transfer of EB-3 I-485 applications to the local district offices for interview or issuance of RFE. Once the cases are transferred to the local offices, the cases are subject to the local offices processing queue and decisions can be delayed substantially. Same will be true with the RFE. Those who have changed employers using AC 21 180-rule may want to assess the advantages and disadvantages of proactively reporting their employment changes with the help of their legal counsels.
Fourth, you should not do anything that will either cause a delay in completion of the name checks or trigger trasfer of the case to local district offices for clarification of issues that surfaced through the name checks for fact findings through the interviews. Minor violations of criminal law or local ordinance that require fingerprinting may trigger transfer of the cases to local offices, no matter whether it involves a deportable offense or not. Exit from the U.S. may also be reported by BCP inspectors through the database and the surrendered I-94 documents, which can cause some delays in adjudications, even though in most cases international travelling should not and have not affected adjudication of I-485 applications.
If you have any violation of status in whatever forms after filing I-485 applications, your contact with the agencies through extension or change of nonimmigrant status should be minimized as their findings of violation of nonimmigrant status post-filing of I-485 will seriously affect your eligibility for adjustment of status
 
Benefits of PDR? Hell NO

attorney sheila murthy has publised following article on her website.

http://www.murthy.com/news/n_benret.html


She thinks those who have already applied for I485 are lucky and tries to explain benefits of retrogression, total BS :eek: . I think this is an attempt made by her to get some cheap publicity and free advertising. She even says "At The Law Office of Sheela Murthy, we even have heard of people considering the Canadian, Australian, or European migration options rather than waiting for several years to obtain the U.S. green card". This clearly shows people are frustrated with PDR and she wants to show that she is still in business as US Immigration Attorney ;)

I do not agree with this post. We all know how it sucks to wait for that ultimate freedom of having a US Permanent Residency.

Please post ur comments.
 
Last edited by a moderator:
This is truly offensive.
I cant think of anyone who wont get offended by such comments from a supposedly established lawyer that is talks about supporting the immigrant community.

neocor
 
It is wise to find and share the positive side in bad news. Sheila is making a favour explaining things to those who, for instance, now have time to go abroad and get married. Good side does not apply to everyone but some people now have time to reflect and make decisions they would have not make otherwise. GC is not and cannot be an ultimate goal of one's life. Retrogression is pretty much beyond our control so let's not get frustrated because of that and get lives.
 
Shusterman's Forecast On Retrogression

Attorney SHUSTERMAN has posted following forecast about retrogression on his website. This indicates more bad news for all of us who are stuck in this retrogression.


What is the Outlook for the Future?
If you ever took Economics 101 in college, you know that as the supply diminishes, and the demand increases, the price of the commodity rises.

When calculating what future Visa Bulletins may look like, it may be useful to think of the rise in the price of oil during the past few months. As the economies of developing countries continue to expand, the demand for oil rises. In developed countries, especially the U.S., demand for gas guzzling SUVs and trucks may be dropping, but owners of these vehicles are not driving them to the junk yards and trashing them immediately.

At least in the case of oil, increased prices spur more exploration which increases the supply. Since the number of EB visa numbers available is, on the other hand, purely an artificial construct, a huge increase in demand does not necessarily result in an increased supply of visas.

One additional analogy to oil is apt. What about alternative fuels like natural gas, coal, solar energy, etc.? The United States is not necessarily the only country of destination for skilled professionals. Given the huge visa backlogs, scientists and engineers and computer professionals choose alternatives to the U.S. and go to Europe, Canada or Australia, or perhaps to countries like Iran.

Unless Congress acts to increase the EB quotas, the backlogs are certain to lengthen rather than diminish. Look for the worldwide EB-3 category to retrogress further during this fiscal year or even become unavailable, and for the worldwide EB-2 category to backlog.

The State Department, in its notes to the October 2005 Visa Bulletin, puts it in a more diplomatic language:

"Item D in the Visa Bulletin (number 85) announcing the September cut- off dates provided information regarding the prospects of visa availability during the early months of FY-2006. Many categories have become oversubscribed for October, and cut-off dates established due to continued heavy demand for numbers by CIS for adjustment of status cases. Forward movement of the cut-off dates in these categories is likely to be limited."
 
fast_gc_seeker said:
Attorney SHUSTERMAN has posted following forecast about retrogression on his website. This indicates more bad news for all of us who are stuck in this retrogression.


What is the Outlook for the Future?
If you ever took Economics 101 in college, you know that as the supply diminishes, and the demand increases, the price of the commodity rises.

When calculating what future Visa Bulletins may look like, it may be useful to think of the rise in the price of oil during the past few months. As the economies of developing countries continue to expand, the demand for oil rises. In developed countries, especially the U.S., demand for gas guzzling SUVs and trucks may be dropping, but owners of these vehicles are not driving them to the junk yards and trashing them immediately.

At least in the case of oil, increased prices spur more exploration which increases the supply. Since the number of EB visa numbers available is, on the other hand, purely an artificial construct, a huge increase in demand does not necessarily result in an increased supply of visas.

One additional analogy to oil is apt. What about alternative fuels like natural gas, coal, solar energy, etc.? The United States is not necessarily the only country of destination for skilled professionals. Given the huge visa backlogs, scientists and engineers and computer professionals choose alternatives to the U.S. and go to Europe, Canada or Australia, or perhaps to countries like Iran.

Unless Congress acts to increase the EB quotas, the backlogs are certain to lengthen rather than diminish. Look for the worldwide EB-3 category to retrogress further during this fiscal year or even become unavailable, and for the worldwide EB-2 category to backlog.

The State Department, in its notes to the October 2005 Visa Bulletin, puts it in a more diplomatic language:

"Item D in the Visa Bulletin (number 85) announcing the September cut- off dates provided information regarding the prospects of visa availability during the early months of FY-2006. Many categories have become oversubscribed for October, and cut-off dates established due to continued heavy demand for numbers by CIS for adjustment of status cases. Forward movement of the cut-off dates in these categories is likely to be limited."


But can it go further back.
I mean it should go back further only if there is anybody left in those years to get a GC.
I wont be much surprised if it does happen.

Shusterman is notorious to get the right predictions.
So brace yourself up for Rita now, Katrina just went.

neocor
 
guys, educate me on this - the S.1932 bill was passed without SEction 8001..ok i understood that..but did this passing of the bill include letting one apply for I-485 even though the PD's are not current? I thought that was one of the items being discussed in the immigration bills
 
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