PY applied for GC in '04 under schedule A...now full...will take 6-8 yrs!!?

[harsar]

PT applied for GC in '04 under schedule A...now full...will take 6-8 yrs!!?

My husband (he is Physical Therapist) applied for our GCs under schedule A (special interest) in June '04. Our current attorney says that there was a quota for 50,000 GCs under schedule A and it is full now. And that now our GC applications have fallen in the general Employment-based GC and will take 6-8 yrs, and all we can do is wait! He says the wait will depend on our priority date, but I am not sure what it means. What is priority date?

Our cases have been in the FBI name/security check stage since Nov '05. Everytime we put in a referral/inquire (which is every 2 months), we are told that 'necessary background checks' are going on.
Can something be done? Can someone give any input on this matter?

Thanks

 

[harsar]

Anyone else in the same boat?
Any PTs who are also waiting for GCs.
Can you please let me know what your lawyers are saying?

Thank you.

 

[neodgr8]

Priority Date: Date when I-140 was received

Hi Harsar,

Priority date means the date when one'[s I-140 was received by INS (nos USCIS). I think it would be June 2004 for you.

If a new allotment of visas is not made by government then schedule A category will fall into the EB3 category. Currently USCIS is processing visas for EB3 applicants whoi file their I-140 in April 2001.

That means one has to wait for this dte to get current to resume visa processing; (in your case the priority date should become June 2004 from April 2001).

But atleast one can get EAD for the time I-485 is pending and you and your husband can work without being on any visa such as H1B.

I hope this answers you r question.