Prirority dates Arrived

[dsatish]

Well thats a killer for people like me. Looks like we have a loooooooooooooooooong wait ahead of us now. I guess people need to modify their signatures now. We have to add country of birth, EB status and labor PD as we have a new category now, ppl born in India, China or Philipines with EB3 applications!

Yes, people have to update their signatures with details of PD, EB category and country (in case of india/china/philippines).

 

[sertra2002]

It may still be not that bad in your case as you are not far away from cut off date

Hope you are right, but my hopes are pretty down now

 

[nyte_crawler]

yeah it took a year to convince GC process.
It took another year to get LC approved
It took 10 months to get 140 approved.
Its 17 months and waiting for 485
Watched many folks get their 485 approved whose PD > June 2002
... and now comes the long wait.
I can hear your pain

 

[The Mask]

I feel the pain of you guys. But for people like me, it gives me a ray of hope that the GC process end is closer. My PD is 6/2001 and It has been a looooooong wait and hopefully will get approved sooner than expected.

The Mask
Labour PD : 6/2001 Approved 12/2003
I-140 ND - 1/2004 Approved 11/2004
I-485 ND - 6/2004 Approved ???

 

[m78768]

I am also one of the unlucky one who is affected by this PD change..

Country: INDIA
Priority Date: 01/31/2002
I-485 ND: 12/22/2003

 

[gchopeful2005]

Guys,
The visa bulletin says that 27% quota for this quarter (1st quarter ending December) is already used. So is it possible that they will not approve any more cases from tomorrow , for the people with priority dates after 1/1/2002 ?

Is this true? If yes, what happened to cases where an RFE has been received? I talked to my lawyer but he doesn't know for sure.

 

[kewlsans]

???

I am confused.
Here is my info.

Category : EB3
Country : India
Labor Date : December 2001
Labor Approval Date : May 2004
140/485 Notice Date : August 2004

What does the retrogession of date mean to my application?

 

[kishuibm]

@@@
you are safe . Your application will be processed regular way .AS your pd date is DEC2001.
PD after 2002 jan guys has to wait

I am confused.
Here is my info.

Category : EB3
Country : India
Labor Date : December 2001
Labor Approval Date : May 2004
140/485 Notice Date : August 2004

What does the retrogession of date mean to my application?

 

[kewlsans]

Thanks.My question was ,will this date speed up my GC process?

@@@
you are safe . Your application will be processed regular way .AS your pd date is DEC2001.
PD after 2002 jan guys has to wait

 

[Want GC Soon]

Thanks.My question was ,will this date speed up my GC process?

Its nothing like speeding up your process, but your process will not be interrupted since you are falling below 1/1/02.

Hope this helps!

 

[Want GC Soon]

Good find. This issue should be resolved for good unless someone can be found on this board who is a substitute labor and his PD given is his 140 filing date.

I know one thing. My 140 was denied on substitute labor and in the denial letter USCIS was referring to my labor PD (instead of my 140 Filing Date - if my PD is my 140 filing date, they should have been referring to that date and not to the labor PD). So I asked my new lawyer (who is a prominent lawyer in a very famous law firm) about my PD and she told me that it is the labor filing date stamped on the approved labor (which is not my labor).

So the best way to file is find a substitution labor filed before 1/1/2002 !!!

Hi Dazzling,
I just spoke with my friend who has done substitution labor and has also got his 140 approved and his FP done.

After seeing all these discussions on Priority Dates Retrogress, he was confused and looked into his 140 approval copy, which shows his priority date as May 4, 2001.

Does it mean that he is fine. Also, he just spoke with his attorney and they have confirmed that he is safe from the dates being retrogressed for 1/1/2002.

His Priority date on the labor is May 4, 2001 and has got approved sometime in Jan 2003.

His attorney has told him to take a good nap without worrying about the dates being pushed back.

 

[dazzling]

Hi Dazzling,
I just spoke with my friend who has done substitution labor and has also got his 140 approved and his FP done.

After seeing all these discussions on Priority Dates Retrogress, he was confused and looked into his 140 approval copy, which shows his priority date as May 4, 2001.

Does it mean that he is fine. Also, he just spoke with his attorney and they have confirmed that he is safe from the dates being retrogressed for 1/1/2002.

His Priority date on the labor is May 4, 2001 and has got approved sometime in Jan 2003.

His attorney has told him to take a good nap without worrying about the dates being pushed back.

Yes he should be fine. If his PD as printed on 140 approval is what you have written. He should expect his 485 to be approved soon.

 

[shanmanz]

Just checked my I-140 approval notice. It says my priority date is Dec 12 2001.

How will this impact me. I am guessing that I am safe

 

[usnycus]

Yes u r....for now.

Just checked my I-140 approval notice. It says my priority date is Dec 12 2001.

How will this impact me. I am guessing that I am safe

 

[MD_Rockville]

I am pretty new to PD concept as for USCIS it appeared as obsolete concept . How much time it takes for PD to move ahead by 6 months ? Any historic data we have on this ?

 

[Want GC Soon]

Hate to freak people out. But for those who think their priority dates are before Jan. 1, 2002 may not be safe. Check out item in blue. This is from Murthy's website; Newsflash

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.

In "Blue" it says only in may be possible in future months, before which we should get approval!! I guess companies who give false hopes of filing GC's at Maine/New Hampshire/Other states where labor gets cleared in one/two months would now face problem as their employees wouldn't be able to expect their GC's for atleast next 3 years now..

 

[abc13]

The DOS has indicated that further retrogression may be possible in future months.

This has been discussed couple of times here. The possibilities are:
1. retrogression may be applicable to athor categories
2. current cut-off date for EB3 can go to a date which is prior to 1/1/02.

 

[usnycus]

Totally agree.

In "Blue" it says only in may be possible in future months, before which we should get approval!! I guess companies who give false hopes of filing GC's at Maine/New Hampshire/Other states where labor gets cleared in one/two months would now face problem as their employees wouldn't be able to expect their GC's for atleast next 3 years now..

 

[usnycus]

Many might not go back & check.

Sorry about that. I broke my cardinal rule in that I should start from beginning of thread before posting response/question

This has been discussed couple of times here. The possibilities are:
1. retrogression may be applicable to athor categories
2. current cut-off date for EB3 can go to a date which is prior to 1/1/02.

 

[GCJaisaKoiNahi]

I am pretty new to PD concept as for USCIS it appeared as obsolete concept . How much time it takes for PD to move ahead by 6 months ? Any historic data we have on this ?

I have same question. No one seems to have answer for it.