Prirority dates Arrived
- Thread starter srikanti
- Start date
applevalley
Registered Users (C)
speedy1027 said:
Sorry i am still missing it.
here is the table for employment based. and it says current.
MEXICO subject to per-country limit.)
Employment-Based INDIA MEXICO PHILIPPINES
1st C C C C
2nd C C C C
3rd C C C C
Other Workers C C C C
4th C C C C
Certain Religious Workers C C C C
5th C C C C
Targeted Employment Areas/Regional Centers C C C C
Lot of Grey areas
This is a grey area, just like every thing else (extention of EAD/AP etc) for the pending ineligible EB3 cases . INS itself might have a very tough time in preparing memos /regualtions with these cases. Anything is a possibility including sending some sort of letter to the applicants regarding their I485 application status. But unless INS sends a letter that your I485 is invalid, i think that you can use AC21.
BhaiSahab said:
This is a grey area, just like every thing else (extention of EAD/AP etc) for the pending ineligible EB3 cases . INS itself might have a very tough time in preparing memos /regualtions with these cases. Anything is a possibility including sending some sort of letter to the applicants regarding their I485 application status. But unless INS sends a letter that your I485 is invalid, i think that you can use AC21.
Last edited by a moderator:
speedy1027
Registered Users (C)
applevalley said:
All Chargeability Areas Except Those Listed
CHINA-mainland born INDIA MEXICO PHILIPPINES
Employment-Based
1st C C C C C
2nd C C C C C
3rd C 01JAN02 01JAN02 C 01JAN02
Other Workers C C C C C
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employment Areas/Regional Centers C C C C C
Retrogression may not affect many people in the forum
I have been following the priority date issue in this and other forums and along with friends. Based on USCIS my case is approved, however, I am not celebrating until I get the actual notification in mail.
Regardless, I am concerned about all the others who are out there waiting in line to get their application approved. I saw a number of postings and definitely some of the guys/gals here have plenty of knowledge when it comes to immigration matters.
I don't mean to offend anyone, but I am wondering if any of you have heard from one of the immigration attorney who eat, drink and breath just immigration matters. My understanding on PD is very different than a number of people here in the forum.
Here is what I understand - PD is the receipt date of your labor application in the state labor deparment (as correctly said by so many people). When they say that PD is retrogressed, in my opinion the only effect that has it on filing on ones I-485. You will not be allowed to file your I-485 until your PD is current. I think we are all on the same page till now.
I strongly believe that USCIS operates on FIFO basis (first come first serve). If not, then Vermont and California would probably not be doing any approvals until Nebraska and Texas catches up. We will know this for sure come early 2005. Once your file is received at USCIS, it gets the visa number (your A#).
Based on issue of those A# USCIS gets a estimate of how many people have filed. The very fact that your application was admitted in the system was that a visa number was available for you. I believe USCIS must have a formula that X% (say 85%) of the filed cases will be approved (other could be the ones that were abandoned or unfortunately denied). That gives them an idea as to how many visas they will need to issue.
Imagine all the files that are stored in the USCIS. These files are arranged in the order of your EAC number (notice date). No one at USCIS is ever likely to know what is the PD of the file that they are going to open (I believe that they not that high-tech as yet). Can you imagine opening 100s of file in a single day only to find that none of the files opened have a PD that is current (as per visa bulletin). If that were the case, you may see the approvals falling by at least 50% (since most of the time would be spent on finding out information whether your case's PD is current).
Someone earlier had posted a message from Sheila Murthy. I am not sure if you paid attention to that. It never say that your I-485 will not be approved in your PD is not current. It only says that you can not file your 485, if your PD is not current.
Guys, all I am trying to do here is alert everyone and help some of you calm down that this whole retrogression thing may not be not as bad as some of you are thinking. Since most of the people in this forum must have filed their 485, you all should be fine. You should still pay attention to your ND and keep watching for those bi-weekly report from USCIS about their processing date (in my opinion, it will continue to say that cases with notice date of ...).
One negative impact could be that the whole process may slow down little bit (because of the quarterly limit). If the visa limit is over, then they will have no choice but to stop processing all the cases.
The best way to find for sure a solution to this is to ask Rajiv Khanna or Sheila Murthy or Shusterman (or one such reputed attorney). If they say that someone's case will not be approved until their PD is current, I am ready to accept it then. Otherwise, I doubt it.
I would say chances are very bright that the cutoff PD may retrogress further. The prime reason being that cutoff PD is decided based on the applicant with earliest date who is denied filing of I-485. I would think that there are some states where people in non-RIR category from as early as 2000/2001 (like CT - currently processing 11/2000 and a number of states with 4/2001) are still waiting for their approval. When these people get added to the pool of filers who are given visa numbers, the dates are very much likely to affect further.
Finally, this is just my opinion (but I think a good and positve one
). So guys go home this evening and enjoy the weekend.
I wish everybody good luck and hoping to see may approval notice in mail on Saturday (USCIS says that they mailed on 12/6).
Cheers,
Raj
I have been following the priority date issue in this and other forums and along with friends. Based on USCIS my case is approved, however, I am not celebrating until I get the actual notification in mail.
Regardless, I am concerned about all the others who are out there waiting in line to get their application approved. I saw a number of postings and definitely some of the guys/gals here have plenty of knowledge when it comes to immigration matters.
I don't mean to offend anyone, but I am wondering if any of you have heard from one of the immigration attorney who eat, drink and breath just immigration matters. My understanding on PD is very different than a number of people here in the forum.
Here is what I understand - PD is the receipt date of your labor application in the state labor deparment (as correctly said by so many people). When they say that PD is retrogressed, in my opinion the only effect that has it on filing on ones I-485. You will not be allowed to file your I-485 until your PD is current. I think we are all on the same page till now.
I strongly believe that USCIS operates on FIFO basis (first come first serve). If not, then Vermont and California would probably not be doing any approvals until Nebraska and Texas catches up. We will know this for sure come early 2005. Once your file is received at USCIS, it gets the visa number (your A#).
Based on issue of those A# USCIS gets a estimate of how many people have filed. The very fact that your application was admitted in the system was that a visa number was available for you. I believe USCIS must have a formula that X% (say 85%) of the filed cases will be approved (other could be the ones that were abandoned or unfortunately denied). That gives them an idea as to how many visas they will need to issue.
Imagine all the files that are stored in the USCIS. These files are arranged in the order of your EAC number (notice date). No one at USCIS is ever likely to know what is the PD of the file that they are going to open (I believe that they not that high-tech as yet). Can you imagine opening 100s of file in a single day only to find that none of the files opened have a PD that is current (as per visa bulletin). If that were the case, you may see the approvals falling by at least 50% (since most of the time would be spent on finding out information whether your case's PD is current).
Someone earlier had posted a message from Sheila Murthy. I am not sure if you paid attention to that. It never say that your I-485 will not be approved in your PD is not current. It only says that you can not file your 485, if your PD is not current.
Guys, all I am trying to do here is alert everyone and help some of you calm down that this whole retrogression thing may not be not as bad as some of you are thinking. Since most of the people in this forum must have filed their 485, you all should be fine. You should still pay attention to your ND and keep watching for those bi-weekly report from USCIS about their processing date (in my opinion, it will continue to say that cases with notice date of ...).
One negative impact could be that the whole process may slow down little bit (because of the quarterly limit). If the visa limit is over, then they will have no choice but to stop processing all the cases.
The best way to find for sure a solution to this is to ask Rajiv Khanna or Sheila Murthy or Shusterman (or one such reputed attorney). If they say that someone's case will not be approved until their PD is current, I am ready to accept it then. Otherwise, I doubt it.
I would say chances are very bright that the cutoff PD may retrogress further. The prime reason being that cutoff PD is decided based on the applicant with earliest date who is denied filing of I-485. I would think that there are some states where people in non-RIR category from as early as 2000/2001 (like CT - currently processing 11/2000 and a number of states with 4/2001) are still waiting for their approval. When these people get added to the pool of filers who are given visa numbers, the dates are very much likely to affect further.
Finally, this is just my opinion (but I think a good and positve one
). So guys go home this evening and enjoy the weekend.I wish everybody good luck and hoping to see may approval notice in mail on Saturday (USCIS says that they mailed on 12/6).
Cheers,
Raj
You don't (and can not) include her name in your 485. Each individual (including children) will have to file a separate 485. She can apply for EAD and AP along with her 485 filing (or anytime after that). Only difference is that dependant's file usually has a link to the principal applicant.Narla said:
However, if your PD is not current, then your wife can not file her 485 upon her arrival in Jan. If you PD is not current then you may want to have your wife come early and complete the filing so as it reached USCIS by Dec. 31st (just a thought).
iyertp said:I have been following the priority date issue in this and other forums and along with friends. Based on USCIS my case is approved, however, I am not celebrating until I get the actual notification in mail.
Regardless, I am concerned about all the others who are out there waiting in line to get their application approved. I saw a number of postings and definitely some of the guys/gals here have plenty of knowledge when it comes to immigration matters.
I don't mean to offend anyone, but I am wondering if any of you have heard from one of the immigration attorney who eat, drink and breath just immigration matters. My understanding on PD is very different than a number of people here in the forum.
Here is what I understand - PD is the receipt date of your labor application in the state labor deparment (as correctly said by so many people). When they say that PD is retrogressed, in my opinion the only effect that has it on filing on ones I-485. You will not be allowed to file your I-485 until your PD is current. I think we are all on the same page till now.
I strongly believe that USCIS operates on FIFO basis (first come first serve). If not, then Vermont and California would probably not be doing any approvals until Nebraska and Texas catches up. We will know this for sure come early 2005. Once your file is received at USCIS, it gets the visa number (your A#).
Based on issue of those A# USCIS gets a estimate of how many people have filed. The very fact that your application was admitted in the system was that a visa number was available for you. I believe USCIS must have a formula that X% (say 85%) of the filed cases will be approved (other could be the ones that were abandoned or unfortunately denied). That gives them an idea as to how many visas they will need to issue.
Imagine all the files that are stored in the USCIS. These files are arranged in the order of your EAC number (notice date). No one at USCIS is ever likely to know what is the PD of the file that they are going to open (I believe that they not that high-tech as yet). Can you imagine opening 100s of file in a single day only to find that none of the files opened have a PD that is current (as per visa bulletin). If that were the case, you may see the approvals falling by at least 50% (since most of the time would be spent on finding out information whether your case's PD is current).
Someone earlier had posted a message from Sheila Murthy. I am not sure if you paid attention to that. It never say that your I-485 will not be approved in your PD is not current. It only says that you can not file your 485, if your PD is not current.
Guys, all I am trying to do here is alert everyone and help some of you calm down that this whole retrogression thing may not be not as bad as some of you are thinking. Since most of the people in this forum must have filed their 485, you all should be fine. You should still pay attention to your ND and keep watching for those bi-weekly report from USCIS about their processing date (in my opinion, it will continue to say that cases with notice date of ...).
One negative impact could be that the whole process may slow down little bit (because of the quarterly limit). If the visa limit is over, then they will have no choice but to stop processing all the cases.
The best way to find for sure a solution to this is to ask Rajiv Khanna or Sheila Murthy or Shusterman (or one such reputed attorney). If they say that someone's case will not be approved until their PD is current, I am ready to accept it then. Otherwise, I doubt it.
I would say chances are very bright that the cutoff PD may retrogress further. The prime reason being that cutoff PD is decided based on the applicant with earliest date who is denied filing of I-485. I would think that there are some states where people in non-RIR category from as early as 2000/2001 (like CT - currently processing 11/2000 and a number of states with 4/2001) are still waiting for their approval. When these people get added to the pool of filers who are given visa numbers, the dates are very much likely to affect further.
Finally, this is just my opinion (but I think a good and positve one
I wish everybody good luck and hoping to see may approval notice in mail on Saturday (USCIS says that they mailed on 12/6).
Cheers,
Raj
The bottom lime is INS can only approve 27% of the annual quota in each quarter. Within that 27%, there is per country quota and within that there is per category quota (EB1/EB2/EB3/EB4). Since PD was set for EB3, they have to process this category as per the numerical limits. So they CAN NOT approve any EB3 case from the 3 countries unless they approve all the applications in this category having PD < 2002 and still some more quota is left out. So it all boils down to numbers. The most likely scenario is that they already have enough EB3 applications with PD prior to 1/1/2002 (otherwise they won't come out with a PD). So it's quite unlikely to get approval unless the PD moves forward. You don't find any lawyer saying that one can still be approved after Jan'05 even if he is from one of these countries and filed i EB3 and PD > 1/1/2002.
The number game is fine and I wouldn't argue on that one (except that I believe it is 28.6% and 7% per country limit - for EB1/EB2/EB3). But in my opinion a file at USCIS is always identified by the notice date and not your priority date.dsatish said:
You imagine having arranged all the paper files in the order of notice dates and having to sort through those to find out if they have the current priority date would be a nightmare. Its just physically impossible.
I guess we will know everything for sure by end of Jan. If we still see any approvals for people with PD of 1/1/2002 or later, then that will make my argument correct. If not, I will eat my words and apologize
. After all I should be welcome to my opinion (at least until its proven incorrect) Sounds good?
Raj
iyertp said:The number game is fine and I wouldn't argue on that one (except that I believe it is 28.6% and 7% per country limit - for EB1/EB2/EB3). But in my opinion a file at USCIS is always identified by the notice date and not your priority date.
You imagine having arranged all the paper files in the order of notice dates and having to sort through those to find out if they have the current priority date would be a nightmare. Its just physically impossible.
I guess we will know everything for sure by end of Jan. If we still see any approvals for people with PD of 1/1/2002 or later, then that will make my argument correct. If not, I will eat my words and apologize
Sounds good?
Raj
I know 2 cases with PD feb 2002 approved after 8th
USCIS is notorious in implementing FIFO. Its all random. If i take your argument for a minute, then why are so many ND cases in late 2003 and early 2004 (including EB3 for those 3 countries) got approved and still there are handful of 485 cases with ND of Nov/Dec-2001 not being touched.iyertp said:The number game is fine and I wouldn't argue on that one (except that I believe it is 28.6% and 7% per country limit - for EB1/EB2/EB3). But in my opinion a file at USCIS is always identified by the notice date and not your priority date.
You imagine having arranged all the paper files in the order of notice dates and having to sort through those to find out if they have the current priority date would be a nightmare. Its just physically impossible.
I guess we will know everything for sure by end of Jan. If we still see any approvals for people with PD of 1/1/2002 or later, then that will make my argument correct. If not, I will eat my words and apologize
Sounds good?
Raj
This phenomena was noticed even today.
Hi iyertp,
I think what you are saying is wrong because -
"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."
Go to the following site and read fully - http://www.murthy.com/news/UDpdhdtw.html
correct me if I am wrong.
I think what you are saying is wrong because -
"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."
Go to the following site and read fully - http://www.murthy.com/news/UDpdhdtw.html
correct me if I am wrong.
That may be partly true. However, that may be how it is working in reality. I believe they are going on the basis on ND. There may be a few exceptions (where a request might have been made for expediting). However, you will still find some cases which are not adjudicated. Of course, there are cases pending from 2001 and 2002 (and even 2003), but a number of those cases might have been transfered to local offices. Some of those cases may have been abandoned. There may be a very small percentage that may not be in any of these categories above, but the case is probably too complicated and someone is looking at additional details or are waiting for information from FBI or some other sources, that is keeping it in abeyance.jish said:
There are probably some that are genuine slippage, but I am sure you can follow up on those through your congressman and should get more information.
I believe that USCIS has actually started to look at cases from September/October. This is how I think it works - adjudicator picks up a file and realizes that he needs more information or waiting for some pieces. He keeps that aside and may be passes on to someone else who handles them. He then picks up the next file which may have a ND of a month later than the previous file. That file may have all the pices and it gets approved instantly.
Hope this explains that it is not bad as it sounds.
Raj
GCJaisaKoiNahi
Registered Users (C)
To some extent I agree with iyertp.
It does not make sense that pals whoes labor was applied prior to 1 Jan 2002 , get approved now and get 140/485 approved in few months? Why should one bear the ineffeciencies of other state's DOL? (whether it is VSC or CSC or any )
In hypothetical situaton, person comes to USA today, gets the approved substitute labor filed before 1 Jan 2002 and gets the approval in 6 months?
He will get his Green Card before the Credit card.
It does not make sense that pals whoes labor was applied prior to 1 Jan 2002 , get approved now and get 140/485 approved in few months? Why should one bear the ineffeciencies of other state's DOL? (whether it is VSC or CSC or any )
In hypothetical situaton, person comes to USA today, gets the approved substitute labor filed before 1 Jan 2002 and gets the approval in 6 months?
He will get his Green Card before the Credit card.
believe_in_self
Registered Users (C)
I don't think approved labors might be that easy to find and available.
GCJaisaKoiNahi said:
GCJaisaKoiNahi
Registered Users (C)
believe_in_self said:
Even employers can use already approved Labor certificates if the I485 filer quits him under AC21 law. Hw will simply revoke 140 and use LC. You never know what desi body shopper will do.
usinsuser99
Registered Users (C)
Hi nyte_crawler.,
could explain about RFE of EVL? little bit more description.
EB3/VSC/INDIA
PD 10/10/02
ND 12/1/03 for I 485
FP 11/9/04
LUD 11/16/04 (FP rcvd) & 11/24/04 (no message)
Thanks in advance.
usinsuser99
could explain about RFE of EVL? little bit more description.
EB3/VSC/INDIA
PD 10/10/02
ND 12/1/03 for I 485
FP 11/9/04
LUD 11/16/04 (FP rcvd) & 11/24/04 (no message)
Thanks in advance.
usinsuser99
GCJaisaKoiNahi said:
One Importnat point you are missing is, Employment based GC is given because the employer needs a resource (and not just because an employee wants to immigrate). Thinking from that prespective A labor that is filed in say 2001 shold have a priority over a later date, just because the employer has been waiting to fill this position earlier that the other one...
So if the position is filled with a substitute employee or otherwise, from the company's point of view, they were there First as long as they have a earlier PD.
iyertp said:I have been following the priority date issue in this and other forums and along with friends. Based on USCIS my case is approved, however, I am not celebrating until I get the actual notification in mail.
Regardless, I am concerned about all the others who are out there waiting in line to get their application approved. I saw a number of postings and definitely some of the guys/gals here have plenty of knowledge when it comes to immigration matters.
I don't mean to offend anyone, but I am wondering if any of you have heard from one of the immigration attorney who eat, drink and breath just immigration matters. My understanding on PD is very different than a number of people here in the forum.
Here is what I understand - PD is the receipt date of your labor application in the state labor deparment (as correctly said by so many people). When they say that PD is retrogressed, in my opinion the only effect that has it on filing on ones I-485. You will not be allowed to file your I-485 until your PD is current. I think we are all on the same page till now.
I strongly believe that USCIS operates on FIFO basis (first come first serve). If not, then Vermont and California would probably not be doing any approvals until Nebraska and Texas catches up. We will know this for sure come early 2005. Once your file is received at USCIS, it gets the visa number (your A#).
Based on issue of those A# USCIS gets a estimate of how many people have filed. The very fact that your application was admitted in the system was that a visa number was available for you. I believe USCIS must have a formula that X% (say 85%) of the filed cases will be approved (other could be the ones that were abandoned or unfortunately denied). That gives them an idea as to how many visas they will need to issue.
Imagine all the files that are stored in the USCIS. These files are arranged in the order of your EAC number (notice date). No one at USCIS is ever likely to know what is the PD of the file that they are going to open (I believe that they not that high-tech as yet). Can you imagine opening 100s of file in a single day only to find that none of the files opened have a PD that is current (as per visa bulletin). If that were the case, you may see the approvals falling by at least 50% (since most of the time would be spent on finding out information whether your case's PD is current).
Someone earlier had posted a message from Sheila Murthy. I am not sure if you paid attention to that. It never say that your I-485 will not be approved in your PD is not current. It only says that you can not file your 485, if your PD is not current.
Guys, all I am trying to do here is alert everyone and help some of you calm down that this whole retrogression thing may not be not as bad as some of you are thinking. Since most of the people in this forum must have filed their 485, you all should be fine. You should still pay attention to your ND and keep watching for those bi-weekly report from USCIS about their processing date (in my opinion, it will continue to say that cases with notice date of ...).
One negative impact could be that the whole process may slow down little bit (because of the quarterly limit). If the visa limit is over, then they will have no choice but to stop processing all the cases.
The best way to find for sure a solution to this is to ask Rajiv Khanna or Sheila Murthy or Shusterman (or one such reputed attorney). If they say that someone's case will not be approved until their PD is current, I am ready to accept it then. Otherwise, I doubt it.
I would say chances are very bright that the cutoff PD may retrogress further. The prime reason being that cutoff PD is decided based on the applicant with earliest date who is denied filing of I-485. I would think that there are some states where people in non-RIR category from as early as 2000/2001 (like CT - currently processing 11/2000 and a number of states with 4/2001) are still waiting for their approval. When these people get added to the pool of filers who are given visa numbers, the dates are very much likely to affect further.
Finally, this is just my opinion (but I think a good and positve one
I wish everybody good luck and hoping to see may approval notice in mail on Saturday (USCIS says that they mailed on 12/6).
Cheers,
Raj
Retrogression of Priority Dates is not a new thing to USCIS.They did it earlier many times and they are doing now..I still remember a case of my co worker and his friend in 1999 or 1998.Both of the guys were supposed to file 485 as they have reached their priority dates.One of the guy filed and the second guy delayed by one month due to getting either medical/birth cirtificate.The dates moved back and he couldn't file.Then INS didn't process the case of the I guy till his date become current.But he received EAD and AP as usual.
But only difference then and now is concurrent filing.