Priority Date Retrogress: Impact on Employment based petition

Looking at all the recent approval in I-485 forum, I won't be surprised if that happens before Jan 2005.
Originally Posted by dcmetro22042
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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usnycus said:
Looking at all the recent approval in I-485 forum, I won't be surprised if that happens before Jan 2005.
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Any probability of that NOT happening and 485 remaining current? The optimistic side of me asks the Q :)
 
DOS is meaning EB2 also?

I have some doubts in the future cut off dates for EB class petitions. State department Oct-04 visa bulletin says it may establish cut off dates for “one or more” categories in EB class in FY 2005. Are they meaning EB2 also?

Visa availability for all the EB class has been current since couple of years. It means logically, the visa numbers were under utilized in previous years. Is there any provision in the immigration law that the unutilized visa numbers can be carried over to next fiscal year?
 
Why is it said that cut off date will be set only for EB3? Are there difference with the visa quotas assigned to EB2 and EB3? Or there are more applicants going through EB3? Anybody knows what the quotas are?
 
Just thought of one more question. If Philly and Dalas BRCs will process local cases first, Vermont Center and Houston Center should see the hike of I-485 petitions sooner than other centers. Does this mean Vermont Center and Houston Center will have cut off date set earlier than other centers?
 
You can get EAD etc even if PD is nor current for pending I-485

Here';s what I found at: http://www.murthy.com/news/UDpdhdtw.html

"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current."
 
stonewall said:
Here';s what I found at: http://www.murthy.com/news/UDpdhdtw.html

"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current."
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ya ok this is if u already applied to i 485 and still ur i-485 is pending. but it is not the case if when time s come to apply for i-485 and u find that that visa number r not avaialble, therefore u can't apply for i-485 consequently u can't get ead ap etc.
 
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IN_LC_2002 said:
Why is it said that cut off date will be set only for EB3?
... That news came from DOS, agency that maintains and publishes number.

Are there difference with the visa quotas assigned to EB2 and EB3?
... Quota is same for both but unused EB-2 can be utilized by EB-3, not vice-versa.

Or there are more applicants going through EB3?
... Normally EB-3 are higher then EB-2.

Anybody knows what the quotas are?
... Check following post:
http://boards.immigrationportal.com/showthread.php?t=142914
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IN_LC_2002 said:
Just thought of one more question. If Philly and Dalas BRCs will process local cases first, Vermont Center and Houston Center should see the hike of I-485 petitions sooner than other centers. Does this mean Vermont Center and Houston Center will have cut off date set earlier than other centers?
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there is no cutoff dates specific to each ins center.for example if vermont approve 10000 i-485 in a yr ,they will take out of the the total quota number 10000 visas.
 
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IN_LC_2002 said:
J
ust thought of one more question. If Philly and Dalas BRCs will process local cases first, Vermont Center and Houston Center should see the hike of I-485 petitions sooner than other centers.
... Totally agree with your observation.

Does this mean Vermont Center and Houston Center will have cut off date set earlier than other centers?
... No. All service center as well as people who opted for CP will be affected if PD for EB category backlogged.
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I guess they made a mistake. Ask your attorney to get clarification from USCIS regarding this issue. It might have made no difference in past but who knows with coming Visa number issue.

Also, I have to check my FP notice and look carefully for PD on it.

Vish1348 said:
EB3 RIR
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eppo_varum_enGC said:
I have some doubts in the future cut off dates for EB class petitions. State department Oct-04 visa bulletin says it may establish cut off dates for “one or more” categories in EB class in FY 2005. Are they meaning EB2 also?
... Yes. As a matter of fact they are referring to all the EB categories.

Visa availability for all the EB class has been current since couple of years. It means logically, the visa numbers were under utilized in previous years. Is there any provision in the immigration law that the unutilized visa numbers can be carried over to next fiscal year?
... You are right, visa number were under utilized for last couple of years but unfortunately there is no provision for carry over.
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By reading the news it is not really clear for me if this cut off date will also be differentiated between different countries. Will for example somebody from a small country which hardly has any I-485 petitioner treated in the same way as somebody from India, China etc. or will this cut off date only effect people from these countries which have historically a lot of I-485 petitoner ?
Anybody has any idea ?
 
It will be broken down by country. But, only countries with high subscription rate like India will be listed separately.

I think even in Jan 2005, for all other countries EB PD will be current.
 
Check page 5/6, they have given couple of examples. Easy to understand.
unitednations said:
On page three of the document it looks like "age out" is not priority date but rather filing date of 140. Looks like he is out of luck.

Thanks for the link, doesn't really make a whole lot of sense to tell you the truth.
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alvin said:
nevermind, I did some more research and found that, my case is not EB2
!! sucks !!
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Dont worry ceratinly it is Eb2. My case also same thing. My LC requires BS+6years exp. I have BS+10 at the time of LC. People are confusing it. But the INS memo dated March 27 2000 on EB2 equivalency says it should be EB2.

INS example case of Eb2 Equvalency is

Examples

The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.

Position 1: Staff Software Engineer

ETA 750 Item 14:

Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.


If you want to read the memo goggle on immigrationlinks web site.
 
I-140 is not yet filed. LC is still pending. Expected to get LC approcal in FEB-2005. Thats why EB2/EB3 classification concerns me.

Regarding my ETA750, Education requirement is "BS in Engineering".
Experience requirement is "6 years" in releated job. My position is not a IT.


alvin said:
Here is the text from the memo you mentioned --> http://www.immigrationlinks.com/news/news215.htm

It is not really very clear and leaves a lot in the hands of adjusticator, but it certainly is some hope.

Quick question:
Has your employer already applied I-140 under EB2 ? If yes did your LC form ETA 750 A has any of the below
1) BS + 5 years of post BS experience required
2) BS + 5 years of post BS "progressive" experience required

did you get any RFE at I-140 stage ?

Here is the original EB2 requirements: http://uscis.gov/graphics/howdoi/eligibility2.htm
Thanks again for your help.
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Can anyone clarify. Priority date is the date LC (State or Fed) was applied or 1-140 is applied?
 
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