Priority Date Retrogress: Impact on Employment based petition

I think so, Also:
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The fiscal year 2004 limit for employment-based preference immigrants calculated under INA 201 is 204,422. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 30,130 for FY-2004. The dependent area limit is set at 2%, or 8,608.
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usnycus said:
I think so, Also:
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The fiscal year 2004 limit for employment-based preference immigrants calculated under INA 201 is 204,422. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 30,130 for FY-2004. The dependent area limit is set at 2%, or 8,608.
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DOl will remove its backlog that is around 300000 cases say 200000 approved and they will be dumped in ins as 400000 to 600000 applicants (spouse and children)who need such amount of visa numbers.

ok my question is, do u think that even all this huge number of visa r required , small countries in eb-2 categories will not be retrogressed, personally i think they will, what do u think or it is just countrie like india and china, which means those Lc pending at Dol r mostly for chinese and indians?
 
Applicants from countries other then India, China etc might not suffer.

Let's wait and see EB3 immigrant number PD. We can guess only after that.
 
Gc_puli said:
After seeing the issue of visa avilability, I have concern over my class of case.

My LC is pending with DOL. The position requires "BS degree and 6 years experience" No MS requirements. I have BS with 10 years of experience.

Is my case EB2 class or EB3 class?
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I believe that EB2 means that the job requires an "advanced degree" (MS or higher) so this would be an EB3 case as far as I know.

ETA
 
antonioa77 said:
well, seing this problem of backlog in visa numbers , i have a question here.

ok, if let's say a man his lc was filled in jan 2002 , so his priority date is jan 2003, then he applied for ins after jan 2005, but this guy has a spouse and a kid as dependent and he wana apply for them too to get GC.

ok here is my question:when the visa numbers r backlogged,will his priority date be 2002 by himslef whereas for his spouse and child the date that they apply to inS which is after jan 2005, so it means they can't apply altogether for green card, in other word he gets first the green card?
or everbody will be considered for january 2002 which is the priority date of the guy?

it is very important issue to know because this may affect many people that have family as dependents.
regards,
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PD is assigned to primary applicant, any dependent applicant will have the same PD as primary applicant.
 
Enquiry about possible EB3 priority dates impact on future

Based on the information on some of the forums including the immigration forum , that certain employment based categories, especially EB3, might be soon affected by Visa number unavailability.

As part of the same community, I have a few questions:

1. Will USCIS allow concurrent filing of 485/140 even if Visa number is not available i.e priority dates go back?

2. Will benefits of AC-21 be available to people in case they are unable to file for 485?

a] Currently my friend has 2 different labours pending from 2 diff states, one with priority date of Aug2002 [from NJ] and the other with Mar2004[Chicago].
Currently they are processing May2002 for NJ and Feb6,2004 for Chicago. Both of these could get approved anytime soon.

With his 6 yr limit due to end June end 2005, what does this mean to me if EB3 dates do get affected and priority dates go back, what does that mean to him in terms of not only applying for I140 & 1485 but in terms of getting a 7th year extension.?

b] What is the exact rule to get a 7th year extension? Labour pending more than 365 days is one but his may get approved in the next couple of months i.e well before June2005[when my 6th year ends]. Normally he could apply for I140 and i485 at the same time and still get a 7th year extension.

c] Now with EB3 dates possibly going back [ mine is filed for EB3] , if he can only apply for I140 and not for i485, what does that mean to get a 7th year extension?
Can he apply for it with his labour approval by the end of the year i.e 6 months before 6yr expiry and I140 filed possibly 3-4 months prior to expiry[since it may take 2 months atleast to file for i140 after labour approval?

In short, can one apply for 7th year extension with a labour approved 6 months from 6 yr expiry and I140 filed 3-4 months from 6 months expiry?

3] What exactly does AC-21 indicate? Above were my interpretations of it. Pls correct me if i was wrong.

4] Is EB3 decided during I140 or labour? If one has total of 10 yrs experience out of which 5 1/2 is with his/her current employer who has filed for Labour and GC.

My friend's lawyer says that he cannot file for EB2 since he cannot include my friend's current employer's experience. Is that true? If he include, then can he file in EB2 being more than 5 yrs experience.

But he has already filed for the labour citing 3-4 yrs exp required and hence could be EB3. Is there a way to get out of it and file for Eb2 to avoid this priority date problems?

Would appreciate ur timely response to this.
 
All this hoopla about H1B extension not available if not able to file I485 in time because of PD retrogression is,in my mind, unwarrented. Infact in such a case the applicant WILL be able to file I140 and WILL NOT be able to file I485 because PD might not be current. Under such a scenario, an H1B holder will be able to extend beyond the normal 6 year term and more importantly such an extension wil be for a term of 3 years than the normal 1 year.
Here's the info. from a website..

"Effective October 17, 2000, The American Competitiveness in the Twenty-First Century Act(AC21), enables H-1B non-immigrants with approved I-140 petitions who are unable to file Adjustment of Status because of per-country limits, to be eligible for extend their H-1B non-immigrant status until their application for adjustment of status has been adjudicated(approved or denied). You can extend your H-1B status even beyond maximum 6 years of authorized stay, provided you have an employment based greencard petition filed on your behalf in an either EB1, EB2 or EB3 categories and you are not eligible to file your Adjustment of Status application only because you are from a country for which priority date is not current, which is usually the case with applicants from India or China.
Please note that H-1B extension given for the above listed reason would be made in increments of 3 years."
 
HI Deeppurple,

Thanks for the response. But even in that small portion which u sent "
Effective October 17, 2000, The American Competitiveness in the Twenty-First Century Act(AC21), enables H-1B non-immigrants with approved I-140 petitions who are unable to file Adjustment of Status because of per-country limits, to be eligible for extend their H-1B non-immigrant status",

It mentions H1B people with approved I140 petitions are eligible for H1 extension.

In my friend's case, he may not get his labour approved until another couple of months i.e6-7 months before his H1 expiry whereas he may not file for I140 until 3-4 months before his H1 expiry. This means there is no way for his I140 to get approved within 3-4 months to be eligible for H1 extension beyond 6 yrs.

Also one files for H1 extension 3 months before it'sexpiry. This means just about when he would have filed for I140, he would have to normally file for H1 extension but with this new issue of I1485 dates going back, there is a big question mark on whether people whose I140 would have been filed just few months before their 6yr limit are eligible for extension beyond 6 yrs.

Secondly, luckily if at the point of applying I140, the dates are still current for I1485 and he applies for both as well as EAD and AP. Immediately after his filing for all, the dates go back for I1485.

What happens then? In that case, is he still eligible for extension beyond 6 yrs.?
 
Hi Ray,

Pls can u share that official document? Since all along everyone is considering that the priority date is the date when LC is filed and based on that is what the future applications as well as 7th year extension is dependent on.

THis is very disturbing news which we need to confirm and clarify before everyone including me get confused and get worried about.
 
Ray S.

Can you please post the link for the official document you have mentioned?

As far as I know, EB petition that require LC, PD is based on the date SESA received the application.

Ray S. said:
Is the priority date based on LC application or the date I-140 is filed, apparently a official document was released stating PD to be date 140 is filed............
.............cut off dates!!!
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Iam getting confused now and trying to understand how this will apply to my situation...

My h1b visa is expiring October 2005 and my labor is pending in ATL DOL. It is expected (only expected by me) to be cleared in another couple of months or so..
My SESA PD is : Feb 18th 2003
ATL DOL fwd Date is : Jul 11th 2003 ...status : Pending
Category : EB3

Will i be in trouble due this priority date issue? If i file I140/485 before Jan 2005, will i be safe.. or it doesnt matter..
How about extending H1 B visa after October 2005, since my labor will be approved by that time..and because of priority date cutoff if i dont file 485, should i leave this country ??? Oh...so many questions are flashing in my mind... Please help..what will be my situation , so i can be prepared..

Thnxs for your help
:confused:
 
Thanks Ray...that was quick reply.
I believe, whoever in my situation ..
like H1 B expiring in a year or so..
Labor cert possibly getting certified in few months
and ready to file I140/485 before/after Jan 2005
should be ready to switch to F1 visa status and be able to remain in status to file 485 ? How that is possible being a consultant and employer taking care of your GC is another question...
I guess to see the result of what is going happen with PD cut off dates...WAIT AND SEE ;)

Ray S. said:
if your PD is before the cut off date for EB3 set by DOS you will be eligible to file 485, if your PD is after the cut off date, you have to wait until DOS reaches your PD which might take years. In the meantime you need to figure out how to remain in status whether it's H1-B, F1 etc. visa status since 485(Application to Register Permanent Residence or Adjust Status) affords AOS (Adjustment of Status) to you it is crucial that a 485 is applied to remain in this country without a visa.
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Some_GreenCard said:
Thanks Ray...that was quick reply.
I believe, whoever in my situation ..
like H1 B expiring in a year or so..
Labor cert possibly getting certified in few months
and ready to file I140/485 before/after Jan 2005
should be ready to switch to F1 visa status and be able to remain in status to file 485 ? How that is possible being a consultant and employer taking care of your GC is another question...
I guess to see the result of what is going happen with PD cut off dates...WAIT AND SEE ;)
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I read in another thread that if your labor is applied for 365 days before your h1 expiry date .. you can extend your h1 status .. irrespective of labor approved or not.. if it is approved you have to file for I140 and wait to file 485 till your PD is current .. in your case

h1b visa is expiring :October 2005 SESA PD is : Feb 18th 2003

so you are fine you can extend your h1 till your dates are current to file 485
 
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PD on my FingerPrint Notice is when I 140 was received not Labor

Ray S. said:
Check this thread you'll find the link, but it looks like we're fine, PD is the date LC is filed with SESA:

http://boards.immigrationportal.com/showthread.php?t=143411&page=1&pp=15

RESPONSE:
"Probably you are missing something..EB-1immigrants, the priority date is the date the employer files the Form I-140 with USCIS. For EB-2 and EB-3 immigrants, the priority date is the date the employer applies for the labor certification, if an individual labor certification is required. If an individual labor certification is not required, the priority date is the date the employer files the Form I-140 with USCIS. If the alien is the beneficiary of more than one Form I-140, the priority date for EACH Form I-140 is the priority date for the earliest Form I-140.
"
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Ray,
I got an I 797 which is a fingerprint notice. In that it says my Priority date is August 26, 2004 which is about when i filed my I 140 /485. Now if its based on the LC Date at the State level, then it should be August 2003 not 2004 !!!

BTW, i got this notice almost super quick i.e. like 7 days after the notice date n my finger print date is 9 /30

let me know !
vish
 
So when shall we hear about the new cut-off dates, assuming that it gets back-logged? Hope that does not happen at all, but would there be any indicators to that, before Jan 2005?
 
What category are you in (i.e. EB-1/2/3 etc)?

Vish1348 said:
Ray,
I got an I 797 which is a fingerprint notice. In that it says my Priority date is August 26, 2004 which is about when i filed my I 140 /485. Now if its based on the LC Date at the State level, then it should be August 2003 not 2004 !!!

BTW, i got this notice almost super quick i.e. like 7 days after the notice date n my finger print date is 9 /30

let me know !
vish
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All sources are currently estimating that to happen in Jan 2005. Looks like we will hear something about it in Dec 2004 from state dept.

dcmetro22042 said:
So when shall we hear about the new cut-off dates, assuming that it gets back-logged? Hope that does not happen at all, but would there be any indicators to that, before Jan 2005?
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