Priority Dates Published

[plumgarden]

further retrogression?????? wtf?

It can be additonal contries.

 

[tennis11]

The retrogression applies ONLY to EB3 for people from the 3 countries. There is no way to be completely sure that adjudication will stop on concurrently filed 140s if the PD is after the published dates on the visa bulletin. The Ohata memo said that both applications should be adjudicated concurrently within a 6 month time frame. As we have seen, NSC has processed some cases together while there are still people out there with approved 140s and pending 485s. There is no way to tell if they will stop processing 140s. Only time will tell what is going to happen.

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.

 

[gcsuffer]

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.

Reading immigration-law article, assuming the attorney there knows what he is talking about. I140 and I485 (at least I485) will stop until PD date is current.

If lawsuit or signature is useful, we won't be here long time ago. They don't care United Nation, they don't care if they lose a few engineers here or there. At least right now, there are so still many engineers waiting to come here.

 

[myGCTracker]

Crazy process

I have been reading so many threads finally leading to GC processing, every one is discusing about BECs and Priority dates. I am also on the same boat.

My H1- expirers in march 2005 and Though my wife came on H4 she changed her status to H1 and now due to some miscommunication between us and lawyers, we couldnot file for her labour(not enough notice given by lawyers) in effect to that, though she is potential skilled worker, she has to stay at home after march. just because of small mistake all our plans got scattered. this is just my situation. i guess most of the people are hit by this in one or the other way. How far this is a justice. What are this BECS for screwing up all the cases, people who have filled along with us got there GCs and we are still waiting and hit by the worst process and new rules.

Can any one think or feel how much we(skilled immigrants) are going through. I really wish if there is a way to sue concerened people for this mental agony we face.

Rules change day to day basis. what do they expect a common person like me to do, do i have to read LAW or practice law just to get a GC. No body explains what is going on in the DAM BECS, just speculating things.

I am really sick of this. If any body has any solutions for my problem. please let me know.

 

[honeysusu]

mygctracker

I'm so sorry about your situation. One thing I don't understand is since your wife is holding H-1, why would she need to be stay at home after March? Is she still employeed? My H-1 will expired in April 2005. Fortunately, my husband's H-1 is still okay. I guess if they stop processing 140 I'm going to give it up and move back to NY. Eventually we are going to move back to Asia since this country only welcomes non-skilled workers(because they will vote for Bush). My ND is Nov 25, 2003, I think maybe it's the fate not letting me get GC. And maybe it's a good thing for me because this country is not as good as it used to be and going back to Asia might be the best thing for us. No one knows what will happen in the next ten years. I came from a country with a great history and I know each country has its highs and lows. America has been a strong leading country for over 100 years because of its excellent policy and system. But look at Great Britian, it used to be such a great empire, and now what? I think a person with great capabilities of things can live a better life anywhere. Good luck to you.

 

[***]

Honeysusu..you are right 100%...best solution for all these headache is to head back home. I am also seriously considering it..especially in India...opportunities are now so promising.

 

[HumHongeKamyaab]

email from my lawyer

Note that the visa retrogression will not affect the pending status of your application, although it cannot be approved until visa numbers advance beyond your priority date.

If you have any question give me a call.

 

[go-get-it]

Pending I-485 with RFE

Folks,
I have been trying to get info on this one. Does anyone has idea how retrogression would effect cases with I-140 RFE and I-485 RFE?. Please share your ideas and comments.

 

[gcsuffer]

I'm so sorry about your situation. One thing I don't understand is since your wife is holding H-1, why would she need to be stay at home after March? Is she still employeed? My H-1 will expired in April 2005. Fortunately, my husband's H-1 is still okay. I guess if they stop processing 140 I'm going to give it up and move back to NY. Eventually we are going to move back to Asia since this country only welcomes non-skilled workers(because they will vote for Bush). My ND is Nov 25, 2003, I think maybe it's the fate not letting me get GC. And maybe it's a good thing for me because this country is not as good as it used to be and going back to Asia might be the best thing for us. No one knows what will happen in the next ten years. I came from a country with a great history and I know each country has its highs and lows. America has been a strong leading country for over 100 years because of its excellent policy and system. But look at Great Britian, it used to be such a great empire, and now what? I think a person with great capabilities of things can live a better life anywhere. Good luck to you.

I think American has been a strong leading country for over 100 years because they have a lot of great foreigners for her slaves (In other word, we can say this is an excellent policy and system for them). America is just lucky to get a land which has a lot of resources so they can manipulate people.

I believe if it was not German scientists helping America in WWII, America might lose in WWII already. German are very smart. There were so many great German scientists, musicians and political leaders.

I hope Asian will be strong very soon.

This country may not be strong in the future, the debt is all time high, The government spent billions in the war without getting much return (spent our tax money). We may not get back 401K. The health insurance is very high after 40yo. The benefit is very little after retirement. Many jobs are going to Asia. The most important, less foreigners come to US (www.immigration-law.com) Maybe America will be just like G.B. in a few decade.

 

[rajatgupta75]

I think American has been a strong leading country for over 100 years because they have a lot of great foreigners for her slaves (In other word, we can say this is an excellent policy and system for them). America is just lucky to get a land which has a lot of resources so they can manipulate people.

I believe if it was not German scientists helping America in WWII, America might lose in WWII already. German are very smart. There were so many great German scientists, musicians and political leaders.

I hope Asian will be strong very soon.

This country may not be strong in the future, the debt is all time high, The government spent billions in the war without getting much return (spent our tax money). We may not get back 401K. The health insurance is very high after 40yo. The benefit is very little after retirement. Many jobs are going to Asia. The most important, less foreigners come to US (www.immigration-law.com) Maybe America will be just like G.B. in a few decade.

gcsuffer: I don't mean to start a political discussion, however, if you feel so strongly about the American way of life and that foreigners are treated as slaves, you have the option to not be bound to those same chains of slavery, don't you? You always have the option to go back to your country where you won't be a "slave". India, as far as I know, doesn't even have a "greencard" for foreigners working in India, do we?

And sure, America is rich in resources, but luck alone doesn't doesn't make America the prosperous nation that it is.

I totally disagree with your comments. Furthermore, the topic we're trying to discuss in this forum has to do with the greencard process - let's focus on that. Being frustrated with the INS and the greencard process in general is fine but let's not make America bad for everything simply because the greencard process sucks!

 

[smmakani]

I do agree to gcsuffer, There is always 2 sides of a coin. Good and Bad. After hearing of retrogression I am fustrated too because I Filed only I-140 with an intention to go for a CP and now as retrogression applies to CP too, I cannot even get a EAD. But this doesn't make a nation bad. I have got lot in last 5 years in US. Even If I had to go back to India I will always be grateful to this country.

Lets get back to our main discussion.

 

[msdn2006]

Link from murthy.com...do not skip

Hi Guys I think some people are confused about the priority dates.

Please read the link about PD from murthy.com,.... This PD date is not a new thing. It was there long before in 2000. See the article which posted on 2000.


In Simple english.....

Who ever initiated the GC process after landing in USA first,will get their 485
processed first irrespective of whether they filed 485 or not.
Who ever got their 485 approved are OK and lucky.


do not skip the article .. read the last para.

http://www.murthy.com/news/UDpdhdtw.html

 

[msdn2006]

do not skip

Hi Guys I think some people are confused about the priority dates.

Please read the link about PD from murthy.com,.... This PD date is not a new thing. It was there long before in 2000. See the article which posted on 2000.


In Simple english.....

Who ever initiated the GC process after landing in USA first,will get their 485
processed first irrespective of whether they filed 485 or not.
Who ever got their 485 approved are OK and lucky.


do not skip the article .. read the last para.

http://www.murthy.com/news/UDpdhdtw.html

is the Published date only stop the filing of the new applications(I485) as well
stop the processing of the approval of the already filed applications?.
http://murthy.com/news/n_pridat.html or any other link does not mentioned about the freezing of the application which already submitted. Any thoughs regarding this..