Prirority dates Arrived

GCJaisaKoiNahi said:
I have same question. No one seems to have answer for it.
There are no recent statistics available for Employment based cases. I know that PD used to be there before 2000 but then Bill Clinton changed it before he left office with his AC-21 law. Earlier the numbers that were unused by other contries were not getting allocated to "congested" countries and strict adherence was done based on per country limit. But Clinton changed the law in employment and allowed numbers unused by other countries to be recaptured and used by "congested" countries. This is what the bulletin talks about when it says that it has recaptured 110K numbers from 1999 and 2000. I guess the numbers that are available are much more, but then in the last 4-5 years many more people have come into US on H1 (H1 cap was higher for 3 years) and on L1. All these people are now trying to immigrate (and are at various stages of immigration). Since this number happens to be pretty large (how large .. does anyone know .. I bet 100 bucks even USCIS does not know), they do not have an estimate as to what will actually happen. Based on the approval trends today they are stating that it may retrogress. But this approval trend will change with this date. Since most service centers were adjudicating EB3 cases (easier to adjudicate then EB2 / NIW cases as these take more time), the trend may change as a large amount of case load is removed from the queue of 485 and the officers that are freed either clear the backlog in 485 or in 140.

my guess is that they were adjudicating more EB3, so the trend for past 3 months will show that average usage is high in that category, so a date. Now if they shift their focus to EB2 / other cases, the trend will completely change for EB3. The end result will be that as more numbers for this year are available in EB3 next quarter, the dates may not go down. In fact that may move forward. I think the best it to wait and watch.
 
Hi,
I applied 485 2 Months Back, I did not include my wife in my 485, She will be coming to US in Jan'2005. Can I include her when she comes here.

Born :INDIA
Category :EB3.
PD:March 2003
I-140 :AD Aug 2004.
I-485 RD OCT 2004
EAD :RD: NOV 2004.
 
Narla said:
Hi,
I applied 485 2 Months Back, I did not include my wife in my 485, She will be coming to US in Jan'2005. Can I include her when she comes here.

Born :INDIA
Category :EB3.
PD:March 2003
I-140 :AD Aug 2004.
I-485 RD OCT 2004
EAD :RD: NOV 2004.


Yes, you can include her name on her return.
 
dazzling said:
The end result will be that as more numbers for this year are available in EB3 next quarter, the dates may not go down. In fact that may move forward. I think the best it to wait and watch.

Your article makes sense. But is there an formula to retrogress backword? When they publish the 'date' (forward or backword) every month what would be the criteria for it?

Here is what I think...

USCIS give 27% visa per quarter for EB3. They must have kept some percentage for Indian/chinise/philipines. Assume it is 9% per quarter.
From 1 st Jan 2005, USCIS will start implemeting FIFO for Eb3. We all know that there are lots of cases pending since 2001/2002 whose PDs probably dates back to 1999/2000. How many? no one knows(except USCIS). And thats why Sheela Murthi is saying ' Dates might retrogress further'.

If these people consumes 9% (based on assumption) quota every quarter, visa number might not be availabe for people whose PDs are even before 1st Jan 2002. So to reduce the future backlog date will be retrogressed further.

So I think, the date's further retrogression depends on how many 1999/2001/2002 I485 cases are pending today.
 
GCJaisaKioNahi,
Earlier I thought, ' Dates might retrogress further', may mean it could be extended for EB2 also. But you make sense.
 
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Hi Gurus, I need help. sorry if this is not a right place,
I got a good & bad news in couple of days. First I got an email that my I-485 is approved. havent got the notice yet.scheduled for stamping on 21st.
Just today I heard that i'll be terminated from the job I effective 31st dec.

I had few questions.

1. Will this impact my green card stamping if employer tells INS that they done intend to have the same jobs for me.
2. Will I be getting the approval notices I can use for stamping. can they ask that I still have the current job.
3. what can I do now so that at least my stamping goes thru okay.
4. Do I have to worry about anything at these point. am I really unlucky that it happened now or just managed to sneak out.
 
gcformt said:
Hi Gurus, I need help. sorry if this is not a right place,
I got a good & bad news in couple of days. First I got an email that my I-485 is approved. havent got the notice yet.scheduled for stamping on 21st.
Just today I heard that i'll be terminated from the job I effective 31st dec.

I had few questions.

1. Will this impact my green card stamping if employer tells INS that they done intend to have the same jobs for me.
2. Will I be getting the approval notices I can use for stamping. can they ask that I still have the current job.
3. what can I do now so that at least my stamping goes thru okay.
4. Do I have to worry about anything at these point. am I really unlucky that it happened now or just managed to sneak out.


Just schedule an infopass apt. and get the stamping done as soon as you receive your courtesy copy. You should be all set to go.. I guess you have worked enough for your current employer. Take a break and take up a good consulting job from Jan 2005. Good Luck
 
Thanks wantgcsoon.
yes. I have been working for them for more than 3 years.
I am so nervous right now .

couple of more oquestion.

1.is is possible to get the stamping with the printout of the approval email.
2. I did my FT at Newark as it was close to my employer's address. Now I scheduled an appointment at the phiily office. will that be an issue. does the approval notice says where should we take the infopass appointment.

Thanks a ton for you help.guys...
 
Can I file my I140/485 now?

My labor is approved recetly, this was filed in Septemeber 2002. Can I file
my case in concurrent by the end of this month? Since the proirty date is JAN 2002. My case is EB3.

Will the department process my I140 and EAD now? Or will they wait till for my priority date come?

Any advice on this would be appreciated.
Thanks,
Uday.
 
guys the dates becam current only in july 2001, so they cannot go back from jan 2002, they have to go further, what u think about this
 
udayfn12 said:
My labor is approved recetly, this was filed in Septemeber 2002. Can I file
my case in concurrent by the end of this month? Since the proirty date is JAN 2002. My case is EB3.

Will the department process my I140 and EAD now? Or will they wait till for my priority date come?

Any advice on this would be appreciated.
Thanks,
Uday.

The I140 and EAD will not be affected . Only the I485 will become dormant.
 
smile280 said:
guys the dates becam current only in july 2001, so they cannot go back from jan 2002, they have to go further, what u think about this

Thearetically it is possible for the dates to retrogress to 2001. Let me explain how : If a lot of EB3 people with PD of early 2001 apply their I485 now (after waiting long in LC queue), then the PD will go back to 2001. But practically i don't see any one who has filed his LC in 2001, and still not filed I485 till now. There might be just a very few of them. Otherwise there will be big problem.
 
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dsatish said:
The I140 and EAD will not be affected . Only the I485 will become dormant.
In case if you need Advance parole(planning to use EAD), then apply Advance parole along with your I-485/EAD. If you apply after 31st Dec 2004, then USCIS may not consider your AP application.
 
TikkiLona said:
In case if you need Advance parole(planning to use EAD), then apply Advance parole along with your I-485/EAD. If you apply after 31st Dec 2004, then USCIS may not consider your AP application.

Though these things are not clear yet (INS should be publishing the guidelines for the pending EB3 cases with PD >= 2002) , i guess that once you already have an EAD/AP then getting the extention may not be a problem even if your PD is not current. INS can't act tough against the pending applicants because they all have applied when the dates were current. So INS has to support their status in this country. It can't send them out because I485 is not current now.
Ofcourse it will be interesting to see how INS acts against the recently filed (first time) and unapproved EAD/AP applications that were filed by these affacted people
 
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Narla said:
What do u mean by she cannot apply on her own.Can I apply EAD for her?

No. You cannot apply for an EAD for anyone except yourself. Since she will not be arriving in the US until after the PDs retrogress, and her priority date is the same as yours (03/2003), she cannot file for an I-485, or for an EAD or AP.
 
Actually quite possible

My labor filed end Sep 2001 in NYC was approved end Oct 2004 - so there may be quite a few who may file around now....

dsatish said:
Thearetically it is possible for the dates to retrogress to 2001. Let me explain how : If a lot of EB3 people with PD of early 2001 apply their I485 now (after waiting long in LC queue), then the PD will go back to 2001. But practically i don't see any one who has filed his LC in 2001, and still not filed I485 till now. There might be just a very few of them. Otherwise there will be big problem.
 
srikanti said:
Hi Folks ,
Here is the cut off priority dates effective Jan 1st 2005 of course


12/08/2004: India/China/Filipino EB-3 Moved to 01/01/2002!!

http://www.travel.state.gov/visa/frvi_bulletincurrent.html

May be its a stupid and inexperienced question. Could some ody explain how they got these dates. I read that page and no where they mentioned that Pd is 1/1/2002. Apart fromt saying that they cant use more than 27% of avialble (~50k)inthe first quarter of 2005.
could you clarify this. I also called that number and it mentioned that for employment it is current right now.
 
Table

applevalley said:
May be its a stupid and inexperienced question. Could some ody explain how they got these dates. I read that page and no where they mentioned that Pd is 1/1/2002. Apart fromt saying that they cant use more than 27% of avialble (~50k)inthe first quarter of 2005.
could you clarify this. I also called that number and it mentioned that for employment it is current right now.

Apple,
I think it is in the table#2....for EB3

cheers,
speedy1027
 
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