Q/A session on EB3 visa number for filing 485

swas

Banned
There are lots of questions regarding the visa numbers availability for EB3.
‘RealCanadian’ was able to answer most of them. Based on his feedback and others and several questions, I am trying to consolidate everything together. Hope it might help us.


Q1 What is a fiscal year 2005?
From Oct1 – Sep 30 USCIS considers as a year. Right now we are in fiscal year 2005 and will end on Sep 30 2005.

Q2 How many visas are available for EB category?

Each year starting on Oct 1, 40k visas are available for Eb3. Another 40k is available for Eb2 and another 40k for Eb1. For a year if the quota is filled for Eb3 for example then they take from other Eb category and allocate to Eb3.

Q3 When visa number is allocated?
Visa number is allocated when the green card is approved at the end of the processing. However when a 485 is applied they check how many visa number are available so that they have a clear understanding how many can be approved in the coming month.

Q4. Is the visa number unavailable for EB3 now?
From different feedback, it looks like 40k limit for Eb3 is already emptied. But they can still process the Eb3 in July-Sep if Eb2 and Eb1 visa number are available. Right now both are available and that is good news for Eb3.

Q5. the people who filed 485 in June 2005 are their cases getting processed?Yes their AP and EAD and other steps for 485 are getting processed.

Q6. For people who applied in 2004 as Eb3 categories and on the verge of getting approval, are their cases will be approved in July-Sep?
Yes that answer will come depending how Eb2 and Eb1 number are available.

Q7. What will happen on October visa bulletin?
The chance is for India/China/Phillipine the Eb3 number will stay as June1 2002. But there is a change that this PD may move back by couple of months as there are a lot of labor getting approved from this dates from NJ/NY area.

Q8. Will the pending I-140 application affected due to this visa number
Pending I-140 will be processed as is and not relation to this number.

Q9. What will people in EB3 and with PD as Oct 2002 do now.
We have to fight united and hope we can get more EB3 numbers from Oct1.

Q10. Let us say on person with a PD of May 2002 filed his 485 in June 2005. Then on Oct1 2005 visa bulletin, PD date becomes Jan 1 2002. What happens to the application of that person.
Unfortunately that person application will be kept as pending.
 
swas said:
Q4. Is the visa number unavailable for EB3 now?
From different feedback, it looks like 40k limit for Eb3 is already emptied. But they can still process the Eb3 in July-Sep if Eb2 and Eb1 visa number are available. Right now both are available and that is good news for Eb3.

Q6. For people who applied in 2004 as Eb3 categories and on the verge of getting approval, are their cases will be approved in July-Sep?
Yes that answer will come depending how Eb2 and Eb1 number are available.

Can someone please verify the chances of this? Is there any precendence of this practice? I think it is safe to assume that the number of applications in the EB1 (and maybe EB2) categories are far lower than EB3s and thus each year not all of those visa numbers are used. I mean, if even EB3 visa numbers do not run out regularly (not in the last few years) - chances are there are quite a few free EB1 visa numbers. But does USCIS even use them to clear EB3 cases? Any USCIS internal guideline or documents available? Thanks in advance!
 
EB1 number for EB3

Shaf said:
Can someone please verify the chances of this? Is there any precendence of this practice? I think it is safe to assume that the number of applications in the EB1 (and maybe EB2) categories are far lower than EB3s and thus each year not all of those visa numbers are used. I mean, if even EB3 visa numbers do not run out regularly (not in the last few years) - chances are there are quite a few free EB1 visa numbers. But does USCIS even use them to clear EB3 cases? Any USCIS internal guideline or documents available? Thanks in advance!


I saw that in CYRUS MEHTA website and they confirmed that. I will wait for REALCANADIA to update us what he knows about this. If this is the case then it will be some good news for us EB3 who have filed already.
 
from Cyrus Mehta

This is what I found in Cyrus Mehta site
Appendix B

EMPLOYMENT-BASED IMMIGRATION



THE EMPLOYMENT PREFERENCE SYSTEM allows immigrants who have skills and talents in the United States to be admitted to work. Currently, immigration law allots 140,000 employment-based visas to immigrants. These employment-based visas are divided into the following categories:

FIRST PREFERENCE:

Up to 40,000 visas a year may be issued to priority workers. People who have “extraordinary ability” or who are “outstanding professors and researchers” or “certain multinational executives and managers” fall into this category. In addition, any visas left over from the fourth and fifth preferences (see below) are added to this category.

SECOND PREFERENCE:

Up to 40,000 visas (plus any visas left over from the first preference) may be issued to persons who are “members of the professions holding advanced degrees or aliens of exceptional ability.” This category usually requires “labor certification” unless the individual can establish that he or she is going to work in the national interest of the United States.

THIRD PREFERENCE:

Up to 40,000 visas a year (plus any visas left over from the first and second preferences) may be issued to skilled workers, professionals, and other workers. The other workers category covers workers who are “capable of performing unskilled labor,” and who are not temporary or seasonal. Workers in this category are limited to 5,000 visas per year. Skilled workers must be capable of performing skilled labor requiring at least two years training or experience. These categories always require a “labor certification.”

FOURTH PREFERENCE:

Up to 10,000 visas a year may be issued to certain special immigrants, including ministers, religious workers and others.

FIFTH PREFERENCE:

Up to 10,000 visas a year may be issued to persons who have between $500,000 and $3 million to invest in a job-creating enterprise in the U.S. At least 10 U.S. workers must be employed by each investor. The amount of money can vary depending on which area of the country will benefit from the investment. If the investor alien fails to meet the conditions specified, he or she can lose permanent resident status.
 
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