Retrogression: Doing Math part 2

-me- said:
This is an interesting thing. I don't know a way how to keep old EB-3 date if you start a new EB-2 case. Afaik, the PD can be transferred only if you apply in the same category you already have been certified in.
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Here is the link
http://immigration.about.com/od/uscasestatusprocessing/a/Prioritydatesct_3.htm

Quick and Easy FAQ Style Recap Answer #12
Question #12: If I go to another employer and file another RIR, I-140, do I get to keep the original 8/97 PD?
Carl Shusterman's Answer: The rule is this: Whenever you have a visa petition approved under EB-1, EB-2, or EB-3, and for whatever reason you do not use that visa petition but file a new one instead you are entitled to the earlier priority date as long as the second petition is also under EB-1, EB-2, or EB-3. Remember, however, that it is the approval of the petition, not merely of the labor certification, that allows you to establish and keep the earlier priority date.

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Visa petition = I140. So, if you have I140 approved under EB1,2,3. Then if you file another I140 under EB1,2,3 you can keep your previous PD.
BUT IF YOUR EMPLOYERS REVOKE IT AND GIVE TO SOMEONE ELSE. YOU LOSE YOUR PD.

THE ONLY 1 CONDITION TO KEEP THAT IS TO USE AC21 EVEN EMPLOYER REVOKE IT.
 
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newbies said:
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Visa petition = I140. So, if you have I140 approved under EB1,2,3. Then if you file another I140 under EB1,2,3 you can keep your previous PD.
BUT IF YOUR EMPLOYERS REVOKE IT AND GIVE TO SOMEONE ELSE. YOU LOSE YOUR PD.

THE ONLY 1 CONDITION TO KEEP THAT IS TO USE AC21 EVEN EMPLOYER REVOKE IT.
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However, one still needs to get new EB2 LC anyway although old PD is secured by approval of the 1st I140. They can not file EB2 I140 with EB3 LC. Mr. Shusterman just omitted LC part in his answer.
 
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GotPR? said:
However, one still needs to get new EB2 LC anyway although old PD is secured by approval of the 1st I140. They can not file EB2 I140 with EB3 LC. Mr. Shusterman just omitted LC part in his answer.
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Of course, that is why I said they need to wait until having 5 years exp.
 
Guys,
Can we get back to "doing math".

So does anyone has answer to the two questions

1. Where would unused EB-1 and EB-2 Visa go at the end of the fiscal year, to the oversubscribed countirs in the same category or to EB-3 rest of world??
2.105,000 GC were un alloted by last year (and I guess by AC21 (CORRECT ME IF i AM WRONG), they have to be used up?? What's the deal with that.

rgds,
ake
 
newbies said:
Of course, that is why I said they need to wait until having 5 years exp.
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I doubt this will also work. I heard that the progressive experience to file petition under EB2 you should have that experience before you apply the LC. So under what circumstances we can use the priority date which has been filed under EB3 for the new petition which we show 5 years experience after the priority date! :confused:
 
Sai

SAI_GIVE_GC2005 said:
I doubt this will also work. I heard that the progressive experience to file petition under EB2 you should have that experience before you apply the LC. So under what circumstances we can use the priority date which has been filed under EB3 for the new petition which we show 5 years experience after the priority date! :confused:
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Sai, what happened your 3year h1? any updates on that? I recently filed for 3 year H1 EXT through Employer B. My LC and 140 got approved from employer A. So just curious.
 
ACS_78 said:
Sai, what happened your 3year h1? any updates on that? I recently filed for 3 year H1 EXT through Employer B. My LC and 140 got approved from employer A. So just curious.
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OK. I saw your post on the other thread. Congrats! Hopefully, I will also get 3 year EXT :p
 
i think visa leftover from other categories go to overrsubscribed countries........there they would get split equally between all categories....

one question: if indian nurses use 20k visa, wont that affect the per country limit for india....that means that since their pd has been made current....they cab gobble all visa of india....atleast till their pd ceases to current
 
ACS_78 said:
Sai, what happened your 3year h1? any updates on that? I recently filed for 3 year H1 EXT through Employer B. My LC and 140 got approved from employer A. So just curious.
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Hi ACS_78

Finally Mr. Rajiv. S Khanna sent FAX to USCIS and got the 3 years extension for 3 years. My family got only 2 years. That's different issue as H4 extension petition included my first son who is going reach 21 years in 2 years :p I already updated in the thread http://boards.immigrationportal.com/showthread.php?t=198428&page=3

Thanks for asking
 
Akela,

No doubt, you seems like a mathematical genius. Your calculations are quite convincing. If I'm not wrong, S.1932 senate passed bill had provision to recapture unused EB & FB visas (approx. 90k/yr), obviously from rest of the world. To me, it means that CIS is not using unused EB visas for oversubscribed countries (Ind, Chi) at the end of each fiscal year. If they have done so, there may not be any retrogression or no visa to recap as proposed in S.1932. Correct me if I am wrong.

Can you do some math for EB-1 as well?

akela said:
Guys,
Can we get back to "doing math".

So does anyone has answer to the two questions

1. Where would unused EB-1 and EB-2 Visa go at the end of the fiscal year, to the oversubscribed countirs in the same category or to EB-3 rest of world??
2.105,000 GC were un alloted by last year (and I guess by AC21 (CORRECT ME IF i AM WRONG), they have to be used up?? What's the deal with that.

rgds,
ake
Click to expand...
 
renad05 said:
Akela,

No doubt, you seems like a mathematical genius. Your calculations are quite convincing. If I'm not wrong, S.1932 senate passed bill had provision to recapture unused EB & FB visas (approx. 90k/yr), obviously from rest of the world. To me, it means that CIS is not using unused EB visas for oversubscribed countries (Ind, Chi) at the end of each fiscal year. If they have done so, there may not be any retrogression or no visa to recap as proposed in S.1932. Correct me if I am wrong.

Can you do some math for EB-1 as well?
Click to expand...

Do you just come back from the moon?
 
Give me some Light

Hi Guys,
I am under EB3 March 2001, Is there any chance the Retro will move forward near furture, I am almost giving up and thinking of packing.
Pls guys give me some idea am I making a blunder.
Frustrated.
 
yes you may be making a blunder if you pack your bags at this stage of the game......i think your pd will become current in the next 8-12 months....
 
Folks if your name check has been pending for more than 1 and a half years. Do what I did.

Everyone, here is the Mandamus that I served yesterday to FBI, DHS and USCIS. The clerk told me to make 4 sets, 1 for the Judge, send one to DHS and USCIS all in one filing, the next one to the FBI i.e Alberto Gonzales and then the last one to the disctricts US Disctrict Attorney (don't ask why)

https://www.wazzuptech.com/I485Mandamus.doc

One thing though. Make your case air tight. Also there is a link that you might want to look at

http://www.dhs.gov/dhspublic/intera...torial_0497.xml

This is going to be my next step.

Also what was finally decided about the HR 4437 ? Reason I ask this is becasue all you are planning to do will be moot as that Bill is very dangerous and can mess all legal immigrants and there will be no judicial support if that goes thru ?
 
The usused VIsa in EB-1 and EB-2 will go to India and China each quarter!!

So that's the real reason why the visa dates for EB-1 and EB-2 are moving so fast



SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS.
(a) SPECIAL RULES- Section 202(a) of the Immigration and Nationality Act (8 U.S.C.1152(a)) is amended by adding at the end the following new paragraph:
“(5) RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
“(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
 
Retrogression here to stay

Guys and Gals

Please be aware, there were more H-1B from India than any other country - over the past 4-5 years India has been sending over half of all H-1B professionals. So, naturally, there are more people from Indian applying for Employment based GC.

Year 2000: H1B quota: 65,000 === estimated Indians: > 30,000 ; Max GC for India: ~25000; backlog: > 5,000

Year 2001: H1B quota: 195,000 === estimated Indians: > 90,000 ; Max GC for India: ~25000; backlog: > 65,000

Year 2002: H1B quota: 195,000 === estimated Indians: > 90,000 ; Max GC for India: ~25000; backlog: > 65,000

Year 2003: H1B quota: 195,000 === estimated Indians: > 90,000 ; Max GC for India: ~25000; backlog: > 65,000

Year 2004: H1B quota: 85,000 === estimated Indians: > 40,000 ; Max GC for India: ~25000; backlog: > 15,000

Year 2005: H1B quota: 85,000 === estimated Indians: > 40,000 ; Max GC for India: 25000; backlog: > 15,000


=>>> Implies over 225,000 Indians are in queue.

Based on Eb2/ Eb3 poll, ratio of EB2: EB3 is 1:2 i.e. for every EB2 person, there are two EB3 people.

This implies over 75,000 EB2 category Indians are possible. EVEN If they allocate the entire Indian quota to EB2, it will still take 3 years to reach 2005.

So, retrogression is here to stay !!!!

Regards
GCStrat :)
 
So what is your estimate when ill be ready to file I485?

PD Nov 02 EB3 RIR Other Countries

I am thinking of packing too.
 
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