Predicted Priority Dates for final quarter of FY2005

So what happens to family members?

You want to provide for the visa for the family of every labor that gets approved, so 1 labor = 2.5 visas? And you want to deduct 40,000 of EB1 who are not in Labor Queue and use roughly that many. And Nurses & PTs (and their families) dip into EB3 as long as it is available before going to the recaptured 50K. So what is your prediction now?

Want more confusion, how much of unused family visas would get added to next year's EB?

No offence meant to you, just the frustration at the mess!

Have fun,

Hanuman.



c9411010 said:
we have 350K backlog cases. Rajeev in the conference mentioned a major portion of it falls in the latter half of 2003 and 2004.. so i am ASSUMING 150000 employment cases are pending prior to June 2003 and the remaining 200000 cases have a priority date after June 2003... every year 140000 visas are released. since the cut off date was june 2002, and the rate at which the backlog cases are being clared i am ASSUMING these cases will be approved as compared to cases with a later priority date ...

based on this and it is not a scientific study but general gut feel that the new 140000 cases will go towards approval of these 150000 cases and hence i am projecting that starting october 2005 we will start seeing the priority date moving one month every month which means by september of 2006 the priority date should be around june 2003

pls note as already mentioned it is not a scientific study but the way i read the situation
Click to expand...
 
Sorry rajendr,

I have not been able to spend much time analysing your links. I just saw the previous projection in backlog elimination plan and actuals of 2004. I-485 projection was 752K and achievement was 583K and of this employment based was just 155K.

May be I will get sometime this weekend.

Bye



rrajendr said:
Hi Hanuman
I have been following ur threads carefully. You seem to follow the stats correctly. Below is my statistics for my belief on the visa number increase. May be I am leaving out something that everyone is welcome to criticize. :)
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Question guys

Guys,
I have a question. My 1st GC PD is oct 2001 and my 140 is approved in Aug 2004 after got laidoff (May 2004) and then filed my 2nd GC and PD is sept 2004 and filed my 2nd 140 with CP option. Did anyone carry the older PD for 2nd GC? I have seen some tips from Nebraska service center on www.murthy.com to carry the old PD if 140 approved.

Thanking you guys in advance.
 
Below is the law w.r.t it:
You can only transfer the priority date of an APPROVED labor
certification. 8 C.F.R. 204.5(e) provides in relevant part that:

"e)--Retention of section 203(b) (1), (2), or (3) priority date.--
A petition APPROVED on behalf of an alien under sections 203(b) (1),
(2),
or (3) of the Act accords the alien the priority date of the approved
petition for any subsequently filed petition for any classification
under
sections 203(b) (1), (2), or (3) of the Act for which the alien may
qualify."

While the old employer should not abandon or cancel the Labor and I-140.
 
can a approved labor be cancelled

rajendr,
Thanks for your reply. I know that the companies can revoke 140's. But can the company cancel an approved Labor?

Thanks.

rrajendr said:
Below is the law w.r.t it:
You can only transfer the priority date of an APPROVED labor
certification. 8 C.F.R. 204.5(e) provides in relevant part that:

"e)--Retention of section 203(b) (1), (2), or (3) priority date.--
A petition APPROVED on behalf of an alien under sections 203(b) (1),
(2),
or (3) of the Act accords the alien the priority date of the approved
petition for any subsequently filed petition for any classification
under
sections 203(b) (1), (2), or (3) of the Act for which the alien may
qualify."

While the old employer should not abandon or cancel the Labor and I-140.
Click to expand...
 
Last edited by a moderator:
this is my understanding. generally the companies use labor substitution and use the old labor for their current employee to benefit. i was doing research along this direction but since i didn't qualify i dropped the idea off. check with ur attorney. good luck. i can understand ur attempt since i was on a similar boat as urs. if u need any further info just ping me back i could see what more i could get.
 
refer shusterman comments of 10 years backlog for employment visa. does it make any sense ?


site: http://www.tucsoncitizen.com/index.php?page=local&story_id=070405a1_legal_residents&page_number=1
"Of the 140,000 permanent, employment-based visas allowed each year, only 10,000 are set aside for low-skilled workers. To obtain one, an employer first must prove that he couldn't find an American to fill the position, which often takes about two years.

After that, the employer could apply for a visa, but the current backlog runs four years. Last month, the government closed the category entirely. When it reopens, Shusterman estimated the backlog could be 10 years. Shusterman's practice most often uses the low-skilled worker visas to help families obtain legal nannies."
 
LaborCleared said:
rajendr,
Thanks for your reply. I know that the companies can revoke 140's. But can the company cancel an approved Labor?

Thanks.
Click to expand...

It depends upon what you meant by 'Cance'l. As of now Labor is valid to the employer as long as no gets the GC fro that Labor. But As for as employee considered you loose the Labor if your employer assigns to some else.

If you are taking about the Labor before its approval it self then if employer says that position does not exists that means labor is void.
 
This is approved labor is not used by any one else in the company because the company policy is not to subsitute no matter what. Can a company revoke or cancel approved labor after laying off the original employee?

tammy2 said:
It depends upon what you meant by 'Cance'l. As of now Labor is valid to the employer as long as no gets the GC fro that Labor. But As for as employee considered you loose the Labor if your employer assigns to some else.

If you are taking about the Labor before its approval it self then if employer says that position does not exists that means labor is void.
Click to expand...
 
Hi Labor cleared
YOu could switch priority dates only when you have an labor and I-140 approved from your old company. Hence if you only have, labor approved u can't switch it.
HOwever in ur scenario , you may be able to switch priority dates provided ur old labor, old I-140 is neither cancelled or revoked. This is what i see. You may want to discuss this with ur lawyer.
 
LaborCleared said:
This is approved labor is not used by any one else in the company because the company policy is not to subsitute no matter what. Can a company revoke or cancel approved labor after laying off the original employee?
Click to expand...

I did not see your earlier post. PD can be carried over if your I-140 was approved and not yest revoked.

There is no question of validity of Labor. Your I-140 should be valid. Labor is always valid if you meet the underlaying condition on the that Priority date.
 
Sorry if this is an unrelated question to this thread.
If the old employer can revoke I-140 any time, how can one file for AC21?
In my case - my labor and 140 are approved. There is a job threat and I was thinking if I switch the employer, file for AC21, I should/might be OK. Please correct my understanding.
 
Tammy, rranjendr,
Thanks for your posts. Both my old labor and 140 are approved with PD oct 2001. By checking the EAC # of my old 140 online it still says this case is approved...However HR person from my old company is saying they have sent a revocation letter. She told me this without looking into my file. She said it is a policy matter that whoever gets laid off they will send a 140 revocation letter to USCIS, cancellation letter for labor and cancel the H1B. I got my 8th year H1 extension on June 14, 2005 basing on my old approved labor.

Because, online it is still showing as case approved, can I assume that its not been revoked or even if company has requested for revoke may be USCIS did not act upon that as it was already approved? I am trying to find out whether company has sent this letter before or after 140 approval. Will that matter anyway? I guess 140 can be revoked even after its approved, right? Offcourse I will check this option with my attorney but before talking to him wanted to have some understanding on this issue.

Did any one of you saw online status of your 140 changing to revoked after its been approved if company revoked it?

Thanks.


tammy2 said:
I did not see your earlier post. PD can be carried over if your I-140 was approved and not yest revoked.

There is no question of validity of Labor. Your I-140 should be valid. Labor is always valid if you meet the underlaying condition on the that Priority date.
Click to expand...
 
LaborCleared said:
I am trying to find out whether company has sent this letter before or after 140 approval. Will that matter anyway? I guess 140 can be revoked even after its approved, right? Offcourse I will check this option with my attorney but before talking to him wanted to have some understanding on this issue.

Did any one of you saw online status of your 140 changing to revoked after its been approved if company revoked it?

Thanks.
Click to expand...

In majority of cases status will not change even after revocation. That makes it difficult to come to the conclusion.

Try using Freedom of Information (FOIA) with your old I-140 Receipt number. You will get all the details about the case.
 
Does anyone know how long it takes to get the information with FOIA?

tammy2 said:
In majority of cases status will not change even after revocation. That makes it difficult to come to the conclusion.

Try using Freedom of Information (FOIA) with your old I-140 Receipt number. You will get all the details about the case.
Click to expand...
 
LaborCleared said:
Does anyone know how long it takes to get the information with FOIA?
Click to expand...
Just Do a search on FOIA You will get most of the details. It takes six to Eight weeks on an average.
 
i would certainly hope not. retrogression is here to stay...to what date it may retrogress is anybody's guess...it'll all depend on how many cases are approved from backlog reduction centers...if they approve too many cases then yes EB3 dates may retrogress to sometime in April 2001 (the time when 245i was implementes.....

but if you look at the rate BEC or BRC is approving labor cases...my guess is starting October PD's for EB3 should around late 2002 or early 2003.

appan said:
It may even retrogress from july 2002.That is a bad news
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