----------------- THIS IS HOW RETROGRESSION WILL IMPACT ON EB3-----------
Prior to 2001, backlogs existed in the employment based second and third preference categories due to per country limits, and it now the backlogs occured, beginning as early as January 2005 for the EB3 category. This means that eligibility to file an I-485 application for Adjustment of Status, and the rate at which pending applications in the affected categories would be approved and issued, would be restricted according to the State Department's priority date system.
The priority date system directly impacts employment based green card applicants in the following ways:
1. Individuals who have not yet filed their I-485 application for adjustment of status will not be eligible to file that application until their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);
2. Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;
3. Individuals with approved I-140 petitions who apply for their immigrant visa through a US consulate in their home country must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate.
Each immigrant visa petition has a priority date associated with it (e.g., the date the original application for labor certification was filed, or the date the I-140 petition was filed if no labor certification was required in the category). The State Department monitors on a monthly basis the number of immigrant visas or green cards that are issued in each category and compares this number to the total available for that category for the year as fixed by statute. When the rate of approval of immigrant visas (green cards) approaches the maximum allowable, the State Department begins restricting the rate at which applications can be filed or approved. This is done by publishing on a monthly basis the priority date "cutoffs" for each visa category - immigrant visa applications with priority dates on or before the published cutoff date for the category (i.e., their priority date is "current") can be filed, or if pending, can be approved; applications with priority dates later than the published cutoff date cannot be filed or approved (if pending) and must wait until their priority date becomes "current." The published cutoff dates may sometimes retrogress (i.e., go backward over time rather than forward), according to the State Department's estimate of usage.
PS... The cases which are at the last stages .......will be approved .....so some approvals are expected till next two weeks ........unless all officers see the circular to stop cases where ever they are ..they are going to keep approving the cases under there processing. ... so pray that most of you get approval....before the axe falls...
GOOD LUCK TO ALL.
Prior to 2001, backlogs existed in the employment based second and third preference categories due to per country limits, and it now the backlogs occured, beginning as early as January 2005 for the EB3 category. This means that eligibility to file an I-485 application for Adjustment of Status, and the rate at which pending applications in the affected categories would be approved and issued, would be restricted according to the State Department's priority date system.
The priority date system directly impacts employment based green card applicants in the following ways:
1. Individuals who have not yet filed their I-485 application for adjustment of status will not be eligible to file that application until their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);
2. Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;
3. Individuals with approved I-140 petitions who apply for their immigrant visa through a US consulate in their home country must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate.
Each immigrant visa petition has a priority date associated with it (e.g., the date the original application for labor certification was filed, or the date the I-140 petition was filed if no labor certification was required in the category). The State Department monitors on a monthly basis the number of immigrant visas or green cards that are issued in each category and compares this number to the total available for that category for the year as fixed by statute. When the rate of approval of immigrant visas (green cards) approaches the maximum allowable, the State Department begins restricting the rate at which applications can be filed or approved. This is done by publishing on a monthly basis the priority date "cutoffs" for each visa category - immigrant visa applications with priority dates on or before the published cutoff date for the category (i.e., their priority date is "current") can be filed, or if pending, can be approved; applications with priority dates later than the published cutoff date cannot be filed or approved (if pending) and must wait until their priority date becomes "current." The published cutoff dates may sometimes retrogress (i.e., go backward over time rather than forward), according to the State Department's estimate of usage.
PS... The cases which are at the last stages .......will be approved .....so some approvals are expected till next two weeks ........unless all officers see the circular to stop cases where ever they are ..they are going to keep approving the cases under there processing. ... so pray that most of you get approval....before the axe falls...
GOOD LUCK TO ALL.
See some case started their labor in 2003, and got their finger print already or even got 140 approved. Happy for them but definitely feel jealous. Hope TSC can doing things in more fair order.