State Dept Prediction of Cutoff Dates of Employment Based Immigration Priority Dates

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puhrince

Registered Users (C)
from immigration-law.com

The employment-based immigration priority dates may experience a set-back sooner or later. The report was based on the State Department forecast in its August 2004 Visa Bulletin. The AILA reports that the upcoming October 2004 Visa Bulletin will carry a State Department prediction that the cutoff date for employment based immigration (EB-3) may come earlier than predicted, as early as January 2005! It is an irony that one group of immigrants have to make other group of immigrants weep to settle down in this country.
 
Can you explain what impact this may have on people who will file I-485 after January 2005 and those who filed before Jan 2005 ??
 
sertra2002 said:
Can you explain what impact this may have on people who will file I-485 after January 2005 and those who filed before Jan 2005 ??
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My reading of this: The cut-off dates have to do with priority dates (labor certification approval dates) - if visas for your country are current you don't have to worry, - but as it seems EB3 visas for some countries will have dates stopped or pushed back as early as January 2005 One has to look at the Department of State Visa Builletin. For someone who already have LC approved it should not have any negative consequence - but what happens if PD is pushed back (if your LC is approved but priority date moves back). In standard operative procedures for IO it says that the first thing they look is whether the I-485 applicant's country has a CURRENT priority date. ????
 
Here is a paragraph from the USCIS website:

U.S. law limits the number of immigrant visa numbers that are available every year. This means that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number. In addition, U.S. law also limits the number of immigrant visas available by country. This means you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas.


From the above it would appear that if your PD is not current, a) You will not be able to file I-485 untill it becomes current and b) If you have filed and PD goes to before your PD, your application will not be approved until PD becomes current, or even if it is aproved you will not get a visa number. In other words approval, but no GC ????

Anybody has another take on this ?
 
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