Priority date issue gaining momentum

[bharad1]

One of the earlier bulletins (Aug or Sep) mentioned that EB3 priority dates could regress starting in the Jan 05 visa bulletin, and thats what everyone is speculating about.

 

[shirs]

One of the earlier bulletins (Aug or Sep) mentioned that EB3 priority dates could regress starting in the Jan 05 visa bulletin, and thats what everyone is speculating about.

In October Visa bulletin, they mentioned about this ( I copied this in earlier
message), but they did't mentioned about the cut-off (YEAR).

 

[steve_gc485]

A# and priority date retrogress

Guys,

I got confused. The reason for PD retrogresses is the insufficient A# (visa number). Does that means you can only get A# assigned when you reach PD? What happened to these who got A# but still waiting for PD (after PD retrogress)?

I do found something called A# in my AP and 485 receipt. My PD is April 2003. I heard that PD retrogress has nothing to do with those already filed 485.

Please correct me if I am wrong. This whole process is really painful.
Thanks

 

[shirs]

A# and priority date retrogress

Guys,

I got confused. The reason for PD retrogresses is the insufficient A# (visa number). Does that means you can only get A# assigned when you reach PD? What happened to these who got A# but still waiting for PD (after PD retrogress)?

I do found something called A# in my AP and 485 receipt. My PD is April 2003. I heard that PD retrogress has nothing to do with those already filed 485.

Please correct me if I am wrong. This whole process is really painful.
Thanks

I read the similar view from this forum, mentioning about this A#'s, but
some of our friends in this forum are expressing their opinions like, even if we apply our 485's we need to wait till that PD. We cannot say anything rightnow, only we need to wait till Jan'05. Many people are speculating many things, for example ( immigration-law.com), if we read all those, we won't get sleep, it is really scarry view. To be honest with you, everybody expressing their views in their own way, some out of thier experience, some out of their frustration. I will be first person to be happy if I hear the news
(officially) saying that, those who applied their 485 already are out of this
dangerous thing which is on its way.

 

[appan]

pd news

I read the similar view from this forum, mentioning about this A#'s, but
some of our friends in this forum are expressing their opinions like, even if we apply our 485's we need to wait till that PD. We cannot say anything rightnow, only we need to wait till Jan'05. Many people are speculating many things, for example ( immigration-law.com), if we read all those, we won't get sleep, it is really scarry view. To be honest with you, everybody expressing their views in their own way, some out of thier experience, some out of their frustration. I will be first person to be happy if I hear the news
(officially) saying that, those who applied their 485 already are out of this
dangerous thing which is on its way.

http://www.usabal.com/news/2004/04Sep16.html

 

[bharad1]

A# is simply a number the CIS gives out to tie up all your cases together, and has nothing to do with immigrant visa numbers which are issued by Dept. of State. Getting an A# does not guarantee that an immigrant visa number is available for your case.

 

[gcsuffer]

I want to know the definition of China visa number?

Are these countries excluded from China visa number?
Hong Kong?
Macau?


Please give me a webpage which defined what countries belong to China visa number.

I also have an approval I140 from another company, how can I show CIS to keep my priority date? My I140/I485 have been filed already. It is just very painful!

 

[ginnu]

UnitedNations,

What happens to the Consular processing 140 filers ?
--------- If PD is not currant consulate will not process immigrant visa , even if I-140 gets approved
Any idea ?

Thanks,

 

[ginnu]

All this is confusing
I have 2 questions
1.Till what date will priority dates retrogress?
----------Shusterman has posted that EB3 for India and Philippines will retrogress till 2002, he has not posted what month of 2002.
2.How will priority dates retrogressing to say Jan 2003 save any visa numbers?
----- could not understand your question
As priority date is the date labor was applied
------ YES ,and if LC is not required then the I-140 filing date is PD
,I am sure all the 485 'S in pipeline have priority date above Jan 2003.
So how does priority dates going backwards help?????

read that has been posted on immigration-law.com

10/30/2004: 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. INDEED, LIFE IS A GAMBLE!!

 

[ginnu]

I want to know the definition of China visa number?

Are these countries excluded from China visa number?
Hong Kong?
Macau?


Please give me a webpage which defined what countries belong to China visa number.

I also have an approval I140 from another company,
------ if that I-140 is NOT revoked and LC for that had early PD you can use that PD for future I-140 or with pending I-485
how can I show CIS to keep my priority date?
----- you need the copy of past I-140 approval and can recapture early PD
My I140/I485 have been filed already. It is just very painful!

 

[gcsuffer]

Originally Posted by gcsuffer
I want to know the definition of China visa number?

Are these countries excluded from China visa number?
Hong Kong?
Macau?


Please give me a webpage which defined what countries belong to China visa number.

I also have an approval I140 from another company,
------ if that I-140 is NOT revoked and LC for that had early PD you can use that PD for future I-140 or with pending I-485
how can I show CIS to keep my priority date?
----- you need the copy of past I-140 approval and can recapture early PD
My I140/I485 have been filed already. It is just very painful!

Can anyone confirm Hong Kong SAR and Macau SAR do not count to China Visa number? I talked to my friend, he said they were not. I recalled long time back, an attorney told me that same thing.

My previous I140 is still valid and PD is 1998. However, if it is not neccessary, I don't want to send CIS my previous I140. I don't want to ask my current company to send my previous I140 so they may wonder what I am up to.

 

[GeorgeMichael]

Questions....Questions and Questions ???

I have been a silent spectator on this retrogation issue since I do not understand most of the stuff you guys are talking about.

Could you please explain to people like me how it actually impacts
concurrent filers

here goes my understanding

As per concurrent approval mechanism they are to process 140 and 485 concurrently.

But because of this retrogation they might not process my 485 for a while ( may be 6 months or 2 years )

Does this mean they will not approve my 140 too ??

Already people tell me AC21 cannot be used for concurrent filers
(I guess mine falls under Fuji ohato memo). ??

Do both my 140 and 485 hang in the air because of this retrogation ??

Does AC21 hold good atall ?

What happens if I loose my job ??

what is the impact on all this ? can any one provide me answers / pointers to these questions

==========================================
my case

labour application RD may 2003
Concurrent - 140 / 485 - RD march 2004
(EAD AND FP is done)
(6 months passed since applying 140 / 485)

 

[ginnu]

I have been a silent spectator on this retrogation issue since I do not understand most of the stuff you guys are talking about.

Could you please explain to people like me how it actually impacts
concurrent filers

here goes my understanding

As per concurrent approval mechanism they are to process 140 and 485 concurrently.

But because of this retrogation they might not process my 485 for a while ( may be 6 months or 2 years )
---- correct but you will be eligible to get EAD and AP till I-485 is not approved if I-485 is filed
Does this mean they will not approve my 140 too ??
--- They May stop as they are doing with I-130
Already people tell me AC21 cannot be used for concurrent filers
(I guess mine falls under Fuji ohato memo). ??

Do both my 140 and 485 hang in the air because of this retrogation ??
--- YES, becase to use AC21 you need I-140 APPROVED and I-485 pending more than 180 days
Does AC21 hold good atall ?

What happens if I loose my job ??
--- file H1 transfer with new employer, find job and request past employer not to withdraw the I-140
what is the impact on all this ? can any one provide me answers / pointers to these questions
------ you can read above long post
==========================================
my case

labour application RD may 2003
Concurrent - 140 / 485 - RD march 2004
(EAD AND FP is done)
(6 months passed since applying 140 / 485)

 

[jish]

EB3 PD retrogression Avg times

Will the PD for NON-RIR and RIR cases be treated differently, i.e will the USCIS take the avg of all RIR and NON-RIR receipt dates in SESA for all centers across the country and come up with a new PD in Jan-2005. If thats the case then doing a small math shows new PD for EB3 folks for Ind/China would be somewhere in 3rd Q of 2002.
There are plenty of 2001,a few 2000 receipt dates for NON-RIR applicants in SESA which are pending approval.