Please Advise

[rsrinivas27]

I am EB3 (India), PD April 2002. My Labor and I-140 is approved in Oct 2005 but could not file I-485 and waiting for my PD to be current.

Should I wait for my PD to be current (may me in few months or year or years?)
or is it worth to file another labor & 140 under EB2 and keep the same PD, now with perm this may be approved in 4-8 months time, I think, but may have to spend another $5-6K.

I have 4 yr BS and 10 yrs experience (4 yr in India + 6 yr with the current employer who filed my GC).

Please advice.

 

[sfmars]

I am EB3 (India), PD April 2002. My Labor and I-140 is approved in Oct 2005 but could not file I-485 and waiting for my PD to be current.

Should I wait for my PD to be current (may me in few months or year or years?)
or is it worth to file another labor & 140 under EB2 and keep the same PD, now with perm this may be approved in 4-8 months time, I think, but may have to spend another $5-6K.

I have 4 yr BS and 10 yrs experience (4 yr in India + 6 yr with the current employer who filed my GC).

Please advice.

I think that very soon EB2 for India will be unavailable. You may see that this month Schedule A were retrogressed. I believe that USCIS and DOS do the best to make more and faster process of EB visa available in EB3 caregory through the spill over . In early 90s retrogression in EB2 category was worse than in EB3. EB3 can become soon more privileged category than EB2 for retrogressed countries.

Although if you have some spare $5-6K one could try ?

 

[dhm2002]

I am EB3 (India), PD April 2002. My Labor and I-140 is approved in Oct 2005 but could not file I-485 and waiting for my PD to be current.

Should I wait for my PD to be current (may me in few months or year or years?)
or is it worth to file another labor & 140 under EB2 and keep the same PD, now with perm this may be approved in 4-8 months time, I think, but may have to spend another $5-6K.

I have 4 yr BS and 10 yrs experience (4 yr in India + 6 yr with the current employer who filed my GC).

Please advice.

hi
are you talking about filing Perm with same employer? I thought you cannot use that experince to show EB2. I mean that 6 years with the employer cannot be considered. now if you find another job then you can claim 10 years experience.
am I right?

dhm2002

 

[tusharvk]

for a retrogressed country (assuming no spill-over from ROW), the spillover will be EB1->EB2->EB3. If there are a lot more of EB3 (than EB2) labors from Indian nationals in BECs, I do not think there is any justification to EB3 becoming more privileged category than EB2.
Could you elaborate?

I think that very soon EB2 for India will be unavailable. You may see that this month Schedule A were retrogressed. I believe that USCIS and DOS do the best to make more and faster process of EB visa available in EB3 caregory through the spill over . In early 90s retrogression in EB2 category was worse than in EB3. EB3 can become soon more privileged category than EB2 for retrogressed countries.

Although if you have some spare $5-6K one could try ?

 

[sfmars]

Because of nurses Schedule A

for a retrogressed country (assuming no spill-over from ROW), the spillover will be EB1->EB2->EB3. If there are a lot more of EB3 (than EB2) labors from Indian nationals in BECs, I do not think there is any justification to EB3 becoming more privileged category than EB2.
Could you elaborate?

I think that DOS would rather sacrifice EB2 to make resolution of EB3 faster.
As I said Schedule A (nurses) became retrogressed. It is not the secret that nurses can fall only to EB3 because they do not have master degree.
Dedicated quota for nurses is about to be used, since it happens they start to use regular EB3 quota for professionals. All nurses are exempt of Labor Cert., so they filed directly I140/I485. In November they can not do it anymore, most of them have PD 2006. Because of nurses they want to have EB3 resolved faster.

I would be not surprised if in two months cut off date for EB2 India will became "U" in the visa bulletin, but the same time EB3 will go on.

In the current situation there is hard quota for country - 7% out of total number. They may say that demand of EB2 India was unpredictable high than expected therefore it was necessary to make EB2 India unavailable ASAP and give the rest of EB2 visa which was dedicated for India to EB3 India (indirectly).

Technicaly there will be no problem because at the end of FY2006 they can say that India got their 7% of EB green card. But who cares if it will be more EB3 than EB2.

The real reason is nurses.

 

[jcgc]

Why doesnt this make any sense to me?

I think that DOS would rather sacrifice EB2 to make resolution of EB3 faster.
.............. They may say that demand of EB2 India was unpredictable high than expected therefore it was necessary to make EB2 India unavailable ASAP and give the rest of EB2 visa which was dedicated for India to EB3 India (indirectly).
............
The real reason is nurses.

First: If EB2India becomes "U" then what EB2 spillover are you taking about? Doesnt Unavailable mean that there is nothing left to spillover?

Second: I'm not sure but looks like nurses fall under schedule A employment base the description of which is "Schedule A Workers : Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 “recaptured” numbers.". This is not just limited to EB3. So not sure how you say that they will automatically fall into regular EB3.

 

[mydearcard]

Dont think that we can get anything out of quota for nurses. Last year also they brought special bill and alloted 50K visas for Nurses. Nothing was alloted to other EB3 .

Last year this was populatly called as "NURSES GONE WILD " .

 

[sfmars]

First: If EB2India becomes "U" then what EB2 spillover are you taking about? Doesnt Unavailable mean that there is nothing left to spillover?

Second: I'm not sure but looks like nurses fall under schedule A employment base the description of which is "Schedule A Workers : Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 “recaptured” numbers.". This is not just limited to EB3. So not sure how you say that they will automatically fall into regular EB3.

Schedule A appeared only in the bulletin June 2005 to recapture 50K visas only. Technically some physicians can fall to Schedule A but 95% of them is nurses. People who got bachelor degree as a nurse and have job position in hospitals. Since earlier dedicated quota of 50K is used by nurses, you will not see Schedule A category in the visa bulletins any more. They have to apply in EB1/EB2/EB3 categories. I can hardly imagine that they can apply in EB1/EB2 category.

If you take a look at couple of bulletins for FY2006 (August, September), you may see that EB2 India was unavailable but other countries continued to use EB2 in Aug,Sep. In September 2006 they did spillover of unused EB2 to EB3. In Sep 2006 bulletin they exactly said:

The Employment Third preference cut-off date for most countries has been advanced very rapidly in recent months in an effort to maximize number use under the annual numerical limit.

I hope it helps.

 

[GCInThisLife]

It is explainable if PD becomes unavailable towards the end of fiscal year which is to maximize the visa usage, but not at the beginning. Otherwise, why would there be so much effort in estimating the demand and of gradual progression/retrogression of PD's every month based on the demand? If the PD is available only for couple of months every year, only few people make it every year and many with even earlier PD's might have to wait till next fiscal year. This is just my opinion.

I think that DOS would rather sacrifice EB2 to make resolution of EB3 faster.
As I said Schedule A (nurses) became retrogressed. It is not the secret that nurses can fall only to EB3 because they do not have master degree.
Dedicated quota for nurses is about to be used, since it happens they start to use regular EB3 quota for professionals. All nurses are exempt of Labor Cert., so they filed directly I140/I485. In November they can not do it anymore, most of them have PD 2006. Because of nurses they want to have EB3 resolved faster.

I would be not surprised if in two months cut off date for EB2 India will became "U" in the visa bulletin, but the same time EB3 will go on.

In the current situation there is hard quota for country - 7% out of total number. They may say that demand of EB2 India was unpredictable high than expected therefore it was necessary to make EB2 India unavailable ASAP and give the rest of EB2 visa which was dedicated for India to EB3 India (indirectly).

Technicaly there will be no problem because at the end of FY2006 they can say that India got their 7% of EB green card. But who cares if it will be more EB3 than EB2.

The real reason is nurses.

 

[tusharvk]

you are right; sch A first appeared in jun'05 and has continued to appear in the visa bulletins since.
I also think that there was no horizontal spillover (i.e. EB2 ROW->EB2 IN); but vertical spillover from EB2IN->EB3 IN by making EB2IN U is hard to believe.

Schedule A appeared only in the bulletin June 2005 to recapture 50K visas only. Technically some physicians can fall to Schedule A but 95% of them is nurses. People who got bachelor degree as a nurse and have job position in hospitals. Since earlier dedicated quota of 50K is used by nurses, you will not see Schedule A category in the visa bulletins any more. They have to apply in EB1/EB2/EB3 categories. I can hardly imagine that they can apply in EB1/EB2 category.

If you take a look at couple of bulletins for FY2006 (August, September), you may see that EB2 India was unavailable but other countries continued to use EB2 in Aug,Sep. In September 2006 they did spillover of unused EB2 to EB3. In Sep 2006 bulletin they exactly said:

The Employment Third preference cut-off date for most countries has been advanced very rapidly in recent months in an effort to maximize number use under the annual numerical limit.

I hope it helps.

 

[gc_tx_2003]

tushar,

are we saying ,

if infact there was vertical spillover of the unused ( EB1 and EB2 numbers to EB3 ROW ) instead of horizontal ( to EB2 india / china ), which is what looked like happened,

now we have to wait until, not just EB3 ROW but also Sch A, to become current first, and then not high enough going forward -- for the excess numbers, to finally spill over to EB2 ?


Id this the priority like this ?

EB1--> EB2 (ROW) --> EB3(ROW) --> EB3 SCH A --> EB2(IN/CH)--> EB3(IN/CH/MX/PP).

In that case EB2 india will not move past Jan 2003 for another 2-3 years.

 

[gc_tx_2003]

I picked this up from one of the visa bulletins.

Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 “recaptured” numbers.

Does the "recaptured" numbers mean -- the excess spillover from the
EB1, 2 and 3 categories. ?

that way speaking, even if Eb1 , 2 and 3 ROW is current ( may be after 3 years ), and from that point onwards, if there are excess visas more than the demand, they will all go to sch A up to 50,000. per year?

If the above is correct, then EB2 , and EB3 IN, strictly won't get any more than 1400 , principal visas per year. we are talking about a max of 1-2 months movement evey year.

 

[tusharvk]

well, that does seem to be the contention of one of the poster.
some claim that there was no horizontal but only vertical spill-over and each oversubscribed country was to be limited to 7%.
I would say this is not vertical, but circular spill-over and DOS can decide how to allocate the various numbers among various categories.
That is, if IN were to get only 7% (FB+EB), DOS can decide to make EB1 and 2 U and send all their numbers to EB3 and sch A. This is hard to believe according to the definition of EB preferences.

tushar,

are we saying ,

if infact there was vertical spillover of the unused ( EB1 and EB2 numbers to EB3 ROW ) instead of horizontal ( to EB2 india / china ), which is what looked like happened,

now we have to wait until, not just EB3 ROW but also Sch A, to become current first, and then not high enough going forward -- for the excess numbers, to finally spill over to EB2 ?


Id this the priority like this ?

EB1--> EB2 (ROW) --> EB3(ROW) --> EB3 SCH A --> EB2(IN/CH)--> EB3(IN/CH/MX/PP).

In that case EB2 india will not move past Jan 2003 for another 2-3 years.