Priority Dates Published
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HumHongeKamyaab
The link that you provided discuss retrogress in General. This was an article as on 05-NOV-2004. But if you look at the retrogress this affects only EB3 category and not EB1 and EB2
Articicle from www.immigiration-law.com
12/08/2004: EB-3 Visa Retrogression and Correct Understanding of Priority Date
This reporter is concerned that there are so many people out there who did not understand the priority date clearly. The priority date is determined differently between the labor certification based green card proceedings and the labor certification waiver green card proceedings such as EB-1, Schedule A, and National Interest Waiver cases. In the labor certification application based green card proceeding, the priority date means the date the labor certification application was first filed with the labor department. Unlike common misunderstanding, it is not the date of either I-140 petition receipt date nor I-485 receipt date. Accordingly, even if he/she recently filed I-140 petition or concurrent I-140/I-485 recently, they may not be affected by the retrogression inasmuch as their labor certification application shows a filing date earlier than January 1, 2002. For the approved labor certification applications, people should check a box "L.O" at the right bottom of the approved labor certification application.
On the other hand, in the labor certification waiver cases, the priority date means the receipt date of I-140 petition. People should thus check I-797 Receipt Notice of I-140 petition in these cases to find out the priority date.
We discussed earlier the rule of retention of priority date. Under the rule of retention, the alien beneficiary retains the priority date even if the alien starts a new labor certification application with a different employer if and only if the I-140 petition has been approved. Once this condition is satisfied, the retained priority date can be transferred to different categories of I-140 proceedings. For instance, the priority date which was established by the EB-1 or EB-2 I-140 petition approval can be carried over to the petition proceedings for EB-3 and vice versa. Accordingly, those who have changed employers and was involved in the immigration proceedings with other employers should seek legal counsel to see whether their priority date is behind or ahead of the visa cut-off date in the Visa Bulletin.
12/08/2004: January 2005 Visa Bulletin: India/China/Filipino EB-3 Retrogressed to 01/01/2002!!
The State Department has just released the Visa Bulletin for January 2005. As expected, the employment-based EB-31 moved backward to January 1, 2002 for India, China, and Philippines. It is interesting to learn that the EB-3 cut-off date applies only to "professional or skilled worker" EB-31 category and the unskilled worker category of EB-32 remain "current" for the Indians, Chinese, and Filipinos.
The link that you provided discuss retrogress in General. This was an article as on 05-NOV-2004. But if you look at the retrogress this affects only EB3 category and not EB1 and EB2
Articicle from www.immigiration-law.com
12/08/2004: EB-3 Visa Retrogression and Correct Understanding of Priority Date
This reporter is concerned that there are so many people out there who did not understand the priority date clearly. The priority date is determined differently between the labor certification based green card proceedings and the labor certification waiver green card proceedings such as EB-1, Schedule A, and National Interest Waiver cases. In the labor certification application based green card proceeding, the priority date means the date the labor certification application was first filed with the labor department. Unlike common misunderstanding, it is not the date of either I-140 petition receipt date nor I-485 receipt date. Accordingly, even if he/she recently filed I-140 petition or concurrent I-140/I-485 recently, they may not be affected by the retrogression inasmuch as their labor certification application shows a filing date earlier than January 1, 2002. For the approved labor certification applications, people should check a box "L.O" at the right bottom of the approved labor certification application.
On the other hand, in the labor certification waiver cases, the priority date means the receipt date of I-140 petition. People should thus check I-797 Receipt Notice of I-140 petition in these cases to find out the priority date.
We discussed earlier the rule of retention of priority date. Under the rule of retention, the alien beneficiary retains the priority date even if the alien starts a new labor certification application with a different employer if and only if the I-140 petition has been approved. Once this condition is satisfied, the retained priority date can be transferred to different categories of I-140 proceedings. For instance, the priority date which was established by the EB-1 or EB-2 I-140 petition approval can be carried over to the petition proceedings for EB-3 and vice versa. Accordingly, those who have changed employers and was involved in the immigration proceedings with other employers should seek legal counsel to see whether their priority date is behind or ahead of the visa cut-off date in the Visa Bulletin.
12/08/2004: January 2005 Visa Bulletin: India/China/Filipino EB-3 Retrogressed to 01/01/2002!!
The State Department has just released the Visa Bulletin for January 2005. As expected, the employment-based EB-31 moved backward to January 1, 2002 for India, China, and Philippines. It is interesting to learn that the EB-3 cut-off date applies only to "professional or skilled worker" EB-31 category and the unskilled worker category of EB-32 remain "current" for the Indians, Chinese, and Filipinos.
HumHongeKamyaab
Registered Users (C)
i don't understand u
nelabor,
i don't understand what u r saying. what r u suggesting? only eb3 has retrogressed so noone is worrying abt eb1 or eb2. if u r eb2 then u can enjoy and hope it doesn't retrogress till u get approved.
ur article also says what i am saying = u wont be affected if ur labor filing (PD) is earlier to jan 2002.
nelabor,
i don't understand what u r saying. what r u suggesting? only eb3 has retrogressed so noone is worrying abt eb1 or eb2. if u r eb2 then u can enjoy and hope it doesn't retrogress till u get approved.
ur article also says what i am saying = u wont be affected if ur labor filing (PD) is earlier to jan 2002.
nelabor said:
HumHongeKamyaab
Registered Users (C)
it means u dont have to care about priority dates and u cud get approved faster than some applicatnts from these countries in the EB3 category.
brt96 said:
HumHongeKamyaab
Registered Users (C)
EAD/AP will be issued.
if ur labor (filed on 7/10/03) is approved and u apply for 485 before dec 31 04, u will get ead and ap and continue to get those.
if ur labor (filed on 7/10/03) is approved and u apply for 485 before dec 31 04, u will get ead and ap and continue to get those.
alvin said:
HumHongeKamyaab
Every article says (Reading at the Title) says/talks about EB3 Retrogress. So this retrogress only affects people on EB3 category. Please post if i am wrong in understanding this. I dont think EB1 or EB2 is being affected at this point by this retrogress
Below is article on murthy.com on the new flash title.
Employment Visa Numbers Retrogress!
Dec 09, 2004
As predicted, the Department of State (DOS) has announced that the Employment Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date. The DOS has indicated that further retrogression may be possible in future months. For a detailed analysis of the implications of retrogression, see our Sep 24, 2004 article, Priority Dates May Retrogress <murthy.com/news/n_pridat.html>, available on MurthyDotCom. The DOS Visa Dates <murthy.com/visadate.html> are also available on MurthyDotCom.
© The Law Office of Sheela Murthy, P.C. (2004)
Every article says (Reading at the Title) says/talks about EB3 Retrogress. So this retrogress only affects people on EB3 category. Please post if i am wrong in understanding this. I dont think EB1 or EB2 is being affected at this point by this retrogress
Below is article on murthy.com on the new flash title.
Employment Visa Numbers Retrogress!
Dec 09, 2004
As predicted, the Department of State (DOS) has announced that the Employment Based, 3rd Preference (EB3) visa numbers for India, mainland China, and the Philippines will retrogress on January 1, 2005. The EB3 numbers for nationals of the listed countries will retrogress to January 1, 2002. This means that, as of January 1, 2005, anyone who is the beneficiary of a labor certification (or I-140 if a labor certification was not required) in the EB3 category filed on or after January 1, 2002, will not be permitted to file the I-485 or have a consular interview for an immigrant visa until the numbers move beyond this date. The DOS has indicated that further retrogression may be possible in future months. For a detailed analysis of the implications of retrogression, see our Sep 24, 2004 article, Priority Dates May Retrogress <murthy.com/news/n_pridat.html>, available on MurthyDotCom. The DOS Visa Dates <murthy.com/visadate.html> are also available on MurthyDotCom.
© The Law Office of Sheela Murthy, P.C. (2004)
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HumHongeKamyaab
Registered Users (C)
further retrogression
further retrogression?????? wtf?
further retrogression?????? wtf?
Is there anyone in my situation:
1. Country of birth fill in the following countries: China, India, Philipine
2. Labor filed after Jan 2002, got approved already
3. Submited 140 & 485 Nov 2003
4. 140 & 485 are still pending
Please tell me what do you think about the whole PD issue. Is that it? We have to wait til the PD is changed to get our 140 approved concurrently with 485? I feel so bad about this. It's impossible for me to wait no one knows how long it's gonna take. I really want to quit today if it will take at least one more year for 140 gets approved. Fxxx it!
1. Country of birth fill in the following countries: China, India, Philipine
2. Labor filed after Jan 2002, got approved already
3. Submited 140 & 485 Nov 2003
4. 140 & 485 are still pending
Please tell me what do you think about the whole PD issue. Is that it? We have to wait til the PD is changed to get our 140 approved concurrently with 485? I feel so bad about this. It's impossible for me to wait no one knows how long it's gonna take. I really want to quit today if it will take at least one more year for 140 gets approved. Fxxx it!
honeysusu, I am in the same boat as you.
I am still not clear about the following 2 things :
1) Because of the retrogression, my understanding is that one can not file a new I-485. But what about pending I-485 ?. Will it be processed as usual ?
2) My lawyer told me that it will interrupt only I-485 processing, not I-140. Is this statement still valid ?
I am still not clear about the following 2 things :
1) Because of the retrogression, my understanding is that one can not file a new I-485. But what about pending I-485 ?. Will it be processed as usual ?
2) My lawyer told me that it will interrupt only I-485 processing, not I-140. Is this statement still valid ?
HumHongeKamyaab
Registered Users (C)
u shud not worry at this time only if u r eb2. if u r eb3 and ur 140 is not yet approved then god knows when u will be able to get an approval. i am in a similar ship but my 140 is approved. i know how u feel abt quitting ur job and embrace fredom but i really dunno what to say.
honeysusu said:
Another interpretation of "PD retrogression"
Whether or not the existing EB3 I485 cases with PD > Jan 2002 will be processed is a BIG question not clear anywhere on the website.
(Because I fall under this category I tend to think in a different way or +ve way)
We would agree that the Priority Dates were established because of limitation of visa numbers or A#. Now people who already filed their 485 and got a notice from INS has already got this number assigned to them. This number is found on your EAD or advance parole. This means an alien can be identified in their "system". That means there should be no problem as far as processing these applications because they already have VISA number (A#). If their fingerprinting is received then they are "adjudication ready" which further strengthens my reasoning (i think). USCIS/DHS cannot make argument that they will not process existiing file EB3 485 applications based on priority dates.
But unfortunately looking at USCIS's previous manuevers to show the backlog reduced they may NOT process existing EB3 485.
If USCIS disagrees to process already filed 485's for EB3 because of "PD Retrogression" then a lawsuit can definitely be filed and as legal case can be made based on my reasoning above.
I am anticipating some memos coming from USCIS in coming days. All EB3 people should get united against this "retrogression". Collect signatures and send our concerns to congress once we know USCIS's stance.
Lets hope the good. cannot hope best.
Whether or not the existing EB3 I485 cases with PD > Jan 2002 will be processed is a BIG question not clear anywhere on the website.
(Because I fall under this category I tend to think in a different way or +ve way)
We would agree that the Priority Dates were established because of limitation of visa numbers or A#. Now people who already filed their 485 and got a notice from INS has already got this number assigned to them. This number is found on your EAD or advance parole. This means an alien can be identified in their "system". That means there should be no problem as far as processing these applications because they already have VISA number (A#). If their fingerprinting is received then they are "adjudication ready" which further strengthens my reasoning (i think). USCIS/DHS cannot make argument that they will not process existiing file EB3 485 applications based on priority dates.
But unfortunately looking at USCIS's previous manuevers to show the backlog reduced they may NOT process existing EB3 485.
If USCIS disagrees to process already filed 485's for EB3 because of "PD Retrogression" then a lawsuit can definitely be filed and as legal case can be made based on my reasoning above.
I am anticipating some memos coming from USCIS in coming days. All EB3 people should get united against this "retrogression". Collect signatures and send our concerns to congress once we know USCIS's stance.
Lets hope the good. cannot hope best.
HumHongeKamyaab
Registered Users (C)
IT MAY AFFECT CONCURRENTLY FILED I-140 AS ACCORDING TO SOME MEMO (OHATO) I-140 WILL BE APPROVED ONLY WHEN 485 IS READY FOR APPROVAL. DUNNO IF THEY WILL CHANGE THAT IN WAKE OF RETROGRESSION.bmt74 said:
HumHongeKamyaab
Registered Users (C)
AbGCDeDo
AbGCDeDo
I think A# applies only to those who filed for consular processing and got interview or something, it does not apply to pending 485. However, pedning 485s can continue to apply for EAD and APs (more $$$). I wish what you said was true and I would love to be wrong on this one.
AbGCDeDo
I think A# applies only to those who filed for consular processing and got interview or something, it does not apply to pending 485. However, pedning 485s can continue to apply for EAD and APs (more $$$). I wish what you said was true and I would love to be wrong on this one.
Ok. This is what my attorney says.
"Basically it means that your priority date will determine if there are available visa numbers for your classification and country. In your case the following applies:
Priority date: 12/26/2000 Classification: EB3 Country: India
In the past when the numbers were not current, you could not file the I-485 until your priority was noted in the particular box which now says ”c”. However if the box said “11/1/2000”, you could not file your I-485 application until it said 12/26/2000 even though the Labor Certification and I-140 were approved. Since your I-485 application is already in process, we do not believe that they will stop these cases from proceeding. We believe this because once an I-485 is filed; you are assigned an “A” number which is issued by the state department under the allotted available numbers.
So please don’t worry about this in your case
Good luck to everyone (including me )
"Basically it means that your priority date will determine if there are available visa numbers for your classification and country. In your case the following applies:
Priority date: 12/26/2000 Classification: EB3 Country: India
In the past when the numbers were not current, you could not file the I-485 until your priority was noted in the particular box which now says ”c”. However if the box said “11/1/2000”, you could not file your I-485 application until it said 12/26/2000 even though the Labor Certification and I-140 were approved. Since your I-485 application is already in process, we do not believe that they will stop these cases from proceeding. We believe this because once an I-485 is filed; you are assigned an “A” number which is issued by the state department under the allotted available numbers.
So please don’t worry about this in your case
Good luck to everyone (including me
)HumHongeKamyaab, you could be wrong
When I had called the USCIS 1800 hotline (or sleepline) the lady asked my A# which she told me I can find on my AP. She started with A# like At&T and other phone companyies start with your home phone number.....
So convince me that A# is not for 485 I will keep my mind open.
HumHongeKamyaab said:
When I had called the USCIS 1800 hotline (or sleepline) the lady asked my A# which she told me I can find on my AP. She started with A# like At&T and other phone companyies start with your home phone number.....
So convince me that A# is not for 485 I will keep my mind open.
gc_patience
Registered Users (C)
I hope your attorney is right, dahlia. I am keeping my fingers crossed.
I personally think A# is just a case # that they assigend to you. They send out the receipt notice for the application fee immediately with an A# on. I don't think it has anything to do with the processing of the case. On the other hand, I think ins outsourcing 800# customer service. Everytime I call, I feel like I know better than the person who answers me.
HasiruPatra
Registered Users (C)
A# is not a case # its unique # for an alien . Case # identified by the LIN# associated with each case. I feel AbGCDeDo may be right.
dahlia said:Ok. This is what my attorney says.
"Basically it means that your priority date will determine if there are available visa numbers for your classification and country. In your case the following applies:
Priority date: 12/26/2000 Classification: EB3 Country: India
In the past when the numbers were not current, you could not file the I-485 until your priority was noted in the particular box which now says ”c”. However if the box said “11/1/2000”, you could not file your I-485 application until it said 12/26/2000 even though the Labor Certification and I-140 were approved. Since your I-485 application is already in process, we do not believe that they will stop these cases from proceeding. We believe this because once an I-485 is filed; you are assigned an “A” number which is issued by the state department under the allotted available numbers.
So please don’t worry about this in your case
Good luck to everyone (including me
Dahlia,
Good to check with your lawyer and get the same saying. Let's hope this retrogression will improve the backlog issue.
BTW, have you asked your lawyer if our I140s will be approved until I485 is ready?