Prirority dates Arrived

Hi believe_in_self/UnitedNations,

My i-140 is not approved yet. I filed in i-140 and i-485 concurrently( pure).
I got my EAD, AP.
You mean my PD will change when I-140 is approved?
Thanks
 
Yes you are...

You could have filed 140, 485, EAD and AP together if you wanted to.

ravvap said:
my 140 is not yet approved. I just sent the papers to USCIS on 9th of Dec.
anyway Am I eligible for EAD ?
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Can some one help me..

My wife went to India for visiting and will be back on March 7th 2005. Can we apply EAD and AP for her after she comes back? Incase, if she does not get EAD and AP by May 5th 2005(current expiration date of EAD and AP), will she going to be out of status in this country? I will appreciate your cooperation !!
 
Greeny said:
Hi believe_in_self/UnitedNations,

My i-140 is not approved yet. I filed in i-140 and i-485 concurrently( pure).
I got my EAD, AP.
You mean my PD will change when I-140 is approved?
Thanks
Click to expand...

I am positive about this - your I-140 approval notice will show original labor PD. If you read the PDF file posted earlier in this thread carefully, it clearly states that if the alient meets original labor requirment, she will inherit the original PD.

Obviously, this can be assertained only upon I-140 approval.

Again - I don't think this guarantees anything, wait for the actual figures after January 15 to have a sound sleep at night.

Or you can leave everything to almighty and sleep well today also.

Whatever happens or will happen is mostly for good - or at least think in that way to live happily...
 
As long as your I485 is pending and in good faith, your status or your spouse status is legal as per the Attorney General some law. EAD is important because, incase if she is working then she will not be able to continue working if she has gap in her next ead and AP is necessary because in case if she is travelling outside US then it will help her to enter into US as Parolee assuming that her H4 or H1 are expired.
If you browse this forum or Murthy.com chat, you will find lots of information regarding your concern in detail.
gc_labor_pain said:
My wife went to India for visiting and will be back on March 7th 2005. Can we apply EAD and AP for her after she comes back? Incase, if she does not get EAD and AP by May 5th 2005(current expiration date of EAD and AP), will she going to be out of status in this country? I will appreciate your cooperation !!
Click to expand...
 
Some more clarification on Priority Date Retrogression

Guys:

If there is still any confusion on the Priority Date Retrogression read the
following:

http://www.allhod.com/priority_regress.shtml

Text from the above website is pasted below in case you are not able to open it:
-------------------------------------------------------------------------
EB-3 priority dates regress to January 1, 2002 for India, China, and Philippines

In a stunning development, the new visa bulletin from the Department of State released on December 8, 2004 announced that the priority date for EB-3 cases has regressed to January 1, 2002. The regression applies to beneficiaries born in India, mainland China, and the Philippines, regardless of present citizenship.

The EB-3 category is the largest employment based Green Card category. This category requires labor certification, and applies to workers whose jobs require a bachelor's degree or two years of experience. The priority date is established when the labor certification is filed.

No adjustment application can be filed until the priority date is current. That means that no one can file an adjustment application if the labor certification was filed on or after January 1, 2002. If the adjustment is now pending, it cannot be approved unless the labor certification was filed before January 1, 2002.

People with pending adjustment applications whose priority dates are no longer current remain in adjustment "status," and can still get EADs and advance parole.

Similarly, no one can file for an immigrant visa based on an approved I-140 until the priority date is current. The I-140 petition will remain at the National Visa Center until the priority date becomes current.

All other employment categories remain current, including the EB-1 and EB-2 categories. This means there will be a big advantage, at least for now, in filing as an EB-2 if possible.

If a person has an earlier priority date based on a different labor certification from a previous employer, this priority date can be used if there is an approved I-140 based on that labor certification, and the I-140 has not been withdrawn by the employer.

Also, if a person has been substituted on a labor certification originally filed for another person, the priority date is the date the original labor certification was filed.

The reason given for the retrogression is that CIS has approved many adjustment applications in recent months, and used up the quota of immigrant visas available.

The visa bulletin is issued every month. The retrogression applies to the month of January. It is not known at this time if the retrogression is temporary or permanent.

There will be a huge impact if the priority dates remain backlogged. Workers with approved I-140 petitions who are not able to file adjustment applications will not be able to get EADs or change employers under AC21. The only way to remain in the US will be to keep working for the original employer in H-1B status using seventh year extensions.

-------------------------------------------------------------------------
 
I would like to estimate when the PR is going to become current again.

I have found that last year there was 82,137 EB-sponsored GCs.
Out of all cases filed 67% were I485 AOS, the rest were CPs.
The EB3 cases were 46% out of all I485 EB AOS or 26,303 cases.
If the proportions are kept the same then the total number of the EB3 GCs issued in 2004 or 2005 will be 44,832 (46% of 67% of 140,000 - visa limit).
Out of them only 7% can go to India so the annual limit would be around 3,138 a year.
The primary/dependent ratio is usually 1/3 so only 1000 EB3 Indian families would be able to get their GCs a year.

In 2003 somehow out of 82,137 EB visas 20,560 went to India. I am not sure what happened there but it is around 25% instead of 7%.

Could someone please double check the numbers. It's late and I am not sure if I am right.
I used the data from this link....

http://uscis.gov/graphics/shared/aboutus/statistics/IMM03yrbk/2003IMM.pdf
 
UnitedNations,

I am not sure you are right about "the people from that country can use the unused greencards from other countries who have not fulfilled their limit".

The visa bulletin says that "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., 25,620" and in 2003 the total number of FB and EB visas issued for India was 36,000.

I think the rule about using up what other groupps haven't is true for the EB or FB categories, but not for the countries.

Anyway, all I wanted to do is to see what the worst-case scenario would be like for the PR-backlog reduction.
 
The visa bulletin says that "Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available". So if the limit was removed why would the EB3 PR dates retrogress only for three countries?
Shouldn't it be general for everyone?
 
Since the demand for GCs is high from all the countries now I don't think there would be any "extra" left for the oversubscribed countries in 2005. So the worst-case scenario would be 7% and in that case my numbers are unfortunately correct (around 1000 failmiles a year).
Do you know how it relates to the number of I485 filings from India? 1/2, 1/3?
Anyway to estimate it? I couldn't find this statistics anywhere. I can only guess that since the USCIS decided to retrogress three years back the ratio is not very favorable.
 
40% means that for every 5 applications two get approved and three go to backlog? How do you know this?
 
Every labor substitution case has reported that priority date was original date of labor. It would be interesting for anyone to post what the priority date was for a labor substitution case when the labor had been used for a person who got 140 approved but then revoked (ie., was it original date of labor or 140 filing date).
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Hello unitednations,

I am using a substitue labor, the original labor was filed in 1999, and 140 was approved in 2000. My 140 was filed in Oct 03 using this labor and original 140 was withdrawn. My 140 got approved in Mar 04. I do not have a 140 approval copy, I had done FOIA request, I still didn't get a 140 approval copy, though I can see approval stamp on 140 form where the USCIS has put a priority date of 11/99 (original LC filed date). My attorney also says that my priority date is current.

Kilbil
 
unitednations said:
Thanks. I think we've established that my assumption is incorrect in cases where a labor substitution was used for a person who already had a 140 approved. Interesting thing is that this has created a loophole. Even if an employer revokes an approved 140, the original beneficiary keeps that priority date if they file a new 140 or use ac21. The substitute person would then also get the original priority date.

If one really wanted to play games, companies could revoke an already approved 140, let that person keep the original priority date, substitue that person on your labor and then you use the other person's labor to file 140 and get the earlier priority date.
Click to expand...
UN,your opinion by and large makes viable but we may need to examine
the fine line questions visa-vis the law and the status .
1)If I140 is revoked ,the status of original beneficiary,assuming the original beneficiary already got his 485 approved.
(As so far we know that the 140 can not be revoked-ala NY case,and original
beneficiary retains his GC and GC can not be revoked.In this case the original beneiciary shall retain PD.But still if CIS revokes,what it's reaction will be,to original applicant's GC right? is there any memo towards this to be seen).
2)As per CIS ,if 140 is revoked,whether the original beneficiary's 140,will it be treated (by CIS) still the status as 140 'approved'(for retention of PD by original beneficiary as stated by law?or not.How CIS treats the 140 status,I am not clear,may be 'approval doesn't exist scenario?).
If it is desn't exist scenario,there is no question of original beneficairy retaining of PD and obvioslythe,other person is enjoying the benefit(as per CIS view ?for example).
Do you think in the above situations CIS may be alloting PD to substitute person as it considers revoked 140 doesn't have 'approved' status in thier opinion?
What is your idea as you might have come across some more pertinent memos?
 
re:

i have few questions.
1. once the priority date is set to 01-jan-2002. what happens next .. i mean do the priority dates move too .. like after some time will they move to say apr 2002 , then 2003 etc .. or they straightaway become current.
2. is it true now that for sub cases PD is the date of the original labor .. UN could u post what u think ..
in that case my 485 RD is june 2004 but my PD is apr 2001.. is there a good chance that i will get approved soon.. i mean will BCIS start picking up I485's in the order of the PD.
 
HI Guys,

I need very urgent help... My I-140 is not yet approved. Filed in Jun 2003. My PD date is 15-oct-2002. I spoke to my lawyer and she said it won't affect to my I-140 and I-485. Is it true please reply ?????
 
sanju_y678 said:
HI Guys,

I need very urgent help... My I-140 is not yet approved. Filed in Jun 2003. My PD date is 15-oct-2002. I spoke to my lawyer and she said it won't affect to my I-140 and I-485. Is it true please reply ?????
Click to expand...

You are safe because PD retrogression affects only I485, not I140. So your I140 will be processed even if your I485 is under hold.
 
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