Surge of Older PD’s
- Thread starter eBhola
- Start date
Immigration reform to rescue?
Hi, unitednations,
Based on your analysis above, it seems to me that the two immigration bills discussed in Senate does NOT help much to EB3 at all.
Even with the better McCain-Kennedy bill, the total number increases from 140,000 to 290,000 and EB3 from 28.6% to 35%, the number will increase from 40,000 to 101,500. The per country quota increases from 7.1% to 10%, then the world-others will have 60%, i.e., 60,000. It'll still take 7.5 years to clear up all 450,000 245i applicants.
Does my analysis make any sense to you?
Thanks!
fiveice
unitednations said:
Hi, unitednations,
Based on your analysis above, it seems to me that the two immigration bills discussed in Senate does NOT help much to EB3 at all.
Even with the better McCain-Kennedy bill, the total number increases from 140,000 to 290,000 and EB3 from 28.6% to 35%, the number will increase from 40,000 to 101,500. The per country quota increases from 7.1% to 10%, then the world-others will have 60%, i.e., 60,000. It'll still take 7.5 years to clear up all 450,000 245i applicants.
Does my analysis make any sense to you?
Thanks!
fiveice
fiveice said:
Yes that is correct -- for most of the guys [ from india and china ] ... unless they do something about the country quota .. Increasing the visa number -- removing the dependents from the EB category ... will not help much.
I was trying to tell this to every one when people were faxing to there senators /congressmen ... Some guys were faxing that isnamerica pre-written document which wanted -- increase of H1b and ablity to file 485 even if retrogressed ... There two issues were never was important and will not make much difference for most of the retrogressed guys ..
The most important change that has to come about is the country limit .. it should be based on population or something ...
A change from 7% to 10% - is a drop in the ocean .... for pop heavy countries like China n India.
Dooms day scenarios aside ...
Guys and Gals,
Although this thread is very informative, it seems to concentrate more on dooms day scenarios rather than discuss what we can do or should do to improve our situation. Its almost like finding out that one is going to die in a week and foolishly spending that week discussing how the death will occur and how unfortunate it will be rather than concentrate on what can be done in the one week left to live.
Anyway, the bottom line is that it might take years for EB3s if nothing happens. Something may change and the dates may move again. Its all up in the air right now.
Lets start talking about what we can do? It would be much better to discuss plans that people can come up with to improve their own sorry situation.
Here are some of my personal thoughts on what all of us EB3s (India and China) in particular could spend more time on rather than prediciting disaster -
1. Pay close attention to the 245i issue in the coming year. See how these are truly impacting the PDs.
2. If the dooms day scenario of dates getting stuck in April 01 and not moving for years comes true then evalute your own personal situation to determine how much you are willing to wait for the GC and what benefits you have staying in this country. This is going to be a very personal analysis and will be different for different people. If you plan on staying here then be ready to wait for years. Switch jobs if you have and, get a higher degree if you can. Know in the back of your mind that you have taken a chance and run the risk of waiting around for another 4-5 years and not getting the GC. The other alternative is to take control of your life, find out options in other countries and if it makes sense then move their. At that point there is no turning back in the near term. You can always try and come back to this country when you feel that the immigration rules are better. You may just find that living some place else isn't all that bad.
3. While waiting for the GC try and support every positive immigration reform that has a potential of becoming law. Try and educate politicians about the difference in legal and illegal immigration.
4. Save as much money as possible and be ready for a dramatic change in life plans.
Sorry if I sound preachy. This is not my intent. I am just trying to bring a little reality to this discussion and am trying to make it more relative to everyone. I am sure most of you are already thinking of these things.
regards,
saras
Guys and Gals,
Although this thread is very informative, it seems to concentrate more on dooms day scenarios rather than discuss what we can do or should do to improve our situation. Its almost like finding out that one is going to die in a week and foolishly spending that week discussing how the death will occur and how unfortunate it will be rather than concentrate on what can be done in the one week left to live.
Anyway, the bottom line is that it might take years for EB3s if nothing happens. Something may change and the dates may move again. Its all up in the air right now.
Lets start talking about what we can do? It would be much better to discuss plans that people can come up with to improve their own sorry situation.
Here are some of my personal thoughts on what all of us EB3s (India and China) in particular could spend more time on rather than prediciting disaster -
1. Pay close attention to the 245i issue in the coming year. See how these are truly impacting the PDs.
2. If the dooms day scenario of dates getting stuck in April 01 and not moving for years comes true then evalute your own personal situation to determine how much you are willing to wait for the GC and what benefits you have staying in this country. This is going to be a very personal analysis and will be different for different people. If you plan on staying here then be ready to wait for years. Switch jobs if you have and, get a higher degree if you can. Know in the back of your mind that you have taken a chance and run the risk of waiting around for another 4-5 years and not getting the GC. The other alternative is to take control of your life, find out options in other countries and if it makes sense then move their. At that point there is no turning back in the near term. You can always try and come back to this country when you feel that the immigration rules are better. You may just find that living some place else isn't all that bad.
3. While waiting for the GC try and support every positive immigration reform that has a potential of becoming law. Try and educate politicians about the difference in legal and illegal immigration.
4. Save as much money as possible and be ready for a dramatic change in life plans.
Sorry if I sound preachy. This is not my intent. I am just trying to bring a little reality to this discussion and am trying to make it more relative to everyone. I am sure most of you are already thinking of these things.
regards,
saras
WhyThisDelay
Registered Users (C)
"increase of H1b"
Why the heck would retrogressed people want increase in H1B?? It would only add pressure for more retrogression.
Further this is a very sensitive political topic & no congressman/senator is going to support any dramatic increase in H1s as the general notion is that each H1 given is a job lost for American. Why would people want to dilute their case, by talking about retrogression and increasing H1 in the same breath?
Why the heck would retrogressed people want increase in H1B?? It would only add pressure for more retrogression.
Further this is a very sensitive political topic & no congressman/senator is going to support any dramatic increase in H1s as the general notion is that each H1 given is a job lost for American. Why would people want to dilute their case, by talking about retrogression and increasing H1 in the same breath?
Nadi said:
Dear UN, I have question about the 245i. My understanding was from many years ago, the state department has started approving them. Just as the volumn is so huge, it takes them until this year to finish approving most of them. What I am trying to say those guys like driping, driping driping through the GC process. I'd like to think some of them already have their G.C ready if they are lucky in a fast labor processing region. So when we say it takes 4 year to for labor department to clear those cases, the 4 year peiod for gc has started kicked some time ago, say 2 years or 3 years, who knows. I guess what I want to say is: if it takes 4 year to clear 245 for i485, the 4 year range should not started from this year. Please advise if I am simply too naive on this matter.
WhyThisDelay
Registered Users (C)
UN is certainly more capable and knowledgeable than me in answering this question. But I remember him mentioning that he just started seeing approval for 245i cases from big states (Texas, California, NY, NJ) from May this year ( he seems to have actually worked on some of those cases, who got rfes).
Also remember that those were filed as traditional LC( not RIR lc). So their approval rate was already very slow due to this + big states had huge no. of those applications. Combined togather, it would explain why they are approvaing now only and why we're seeing stubbornly lazy movement in retrogression dates for EB3 around March 2001.
Also remember that those were filed as traditional LC( not RIR lc). So their approval rate was already very slow due to this + big states had huge no. of those applications. Combined togather, it would explain why they are approvaing now only and why we're seeing stubbornly lazy movement in retrogression dates for EB3 around March 2001.
nonogc said:
I wish there is a statistic number which can show us how many 245i in the line.. 
as we are working for a "real" company. it is not a say we can make to refile labor at eb2 or eb3. it is really what the company wants to do for you. we will wait and say
Thanks for explaining.
as we are working for a "real" company. it is not a say we can make to refile labor at eb2 or eb3. it is really what the company wants to do for you. we will wait and say Thanks for explaining.
UN,
Its intresting theory you suggested for EB3, Indians. Based on other people comments i assume you know what you talk.
Here is my qst, If i am working for my sponsoring company, can they apply for a new labor and I140 again while my current one is pending. Wouldn't that mean the company is trying to sponsoer/recruit the same person for 2 positions.
If the first application was classified as EB3 by USCIS (that is what my employer said. It is USCIS who decides it is EB3 or EB2) why would they classify you as EB2 this time? How would the +ve or -Ve out come of the new application (Labor or I140) would effect the pending application?
-A
Its intresting theory you suggested for EB3, Indians. Based on other people comments i assume you know what you talk.
Here is my qst, If i am working for my sponsoring company, can they apply for a new labor and I140 again while my current one is pending. Wouldn't that mean the company is trying to sponsoer/recruit the same person for 2 positions.
If the first application was classified as EB3 by USCIS (that is what my employer said. It is USCIS who decides it is EB3 or EB2) why would they classify you as EB2 this time? How would the +ve or -Ve out come of the new application (Labor or I140) would effect the pending application?
-A
UN - EB2 & 245i prediction..
UN
Attorney Murthy has mentioned that EB3-China has crossed April-2001 ladmark (245i) in Jan2005 visa bulliton. She said it is a good sign. Do you have any statistical information of 245i cases by country of orgin?
My another doubt, (in your openion) is there any possibility that 245i cases incluses EB2 cases? In other words, the movement of periority date (in future months) of EB2-India get affected by 245i cases?
UN
Attorney Murthy has mentioned that EB3-China has crossed April-2001 ladmark (245i) in Jan2005 visa bulliton. She said it is a good sign. Do you have any statistical information of 245i cases by country of orgin?
My another doubt, (in your openion) is there any possibility that 245i cases incluses EB2 cases? In other words, the movement of periority date (in future months) of EB2-India get affected by 245i cases?
can_card said:
I think -- [... not guru in this area]
If the 245i is from India then -- Yes ... as they will consume the country quota set for the year.
So more and more 245(i) get approved from India .. that will retrogress the dates of all the EB's for India relatively.
Generally they do the re-order of the list at the begining of the year -- so every NOV .. we might find dates getting backwards.[after painfully inching thru the year]
It is unlikely that the senate/house will ever vote to remove the country quota all together... and so it looks like EB's from India will have a long haul towards the ultimate.
Last edited by a moderator:
Dallas03096
Registered Users (C)
Question for UN regarding portability of PD from EB3 to a new EB2
"You cannot transfer a priority date from one category to another. You would have to start completely over."
I wrote to my lawyer asking about this possibility and he repliedunitednations said:
"You cannot transfer a priority date from one category to another. You would have to start completely over."
Hi Unitednations,
I am a silent viewer of this forum. My 140 was approved and applied my 485 in march 2003 at Nebraska service center. I was affected by retrogression. My 140 was filed in EB3 even though my labor cert. clearly says bachelors + 5 years experience (and I specifically told him to file my case in EB2). After my 140 was approved I realized that it was filed in EB3 but didn't really care because PDs were current at that time. Once the dates were current when you file 485, I thought I was safe. (little did I know about retrogression at that time).Now that retrogression hit us so hard,
1. Can I file another 140 in EB2 using the same labor?
2. If I can do #1 and my 140 was approved can I transfer my existing
485 to the new 140?
I appreciate your response.
Thank you.
I am a silent viewer of this forum. My 140 was approved and applied my 485 in march 2003 at Nebraska service center. I was affected by retrogression. My 140 was filed in EB3 even though my labor cert. clearly says bachelors + 5 years experience (and I specifically told him to file my case in EB2). After my 140 was approved I realized that it was filed in EB3 but didn't really care because PDs were current at that time. Once the dates were current when you file 485, I thought I was safe. (little did I know about retrogression at that time).Now that retrogression hit us so hard,
1. Can I file another 140 in EB2 using the same labor?
2. If I can do #1 and my 140 was approved can I transfer my existing
485 to the new 140?
I appreciate your response.
Thank you.
EB3 --> EB2 would be a upstream filing.
The article below from www.immigration-law.com suggests that upstream cannot be done???
12/12/2004: Options for EB-31 Retrogressed Indians, Chinese, and Filippinos
* It is likely that the priority date for EB-3 may move either slow or move further back depending on the pace of USCIS I-485 backlog reduction efforts. Considering the fact that the USCIS will do everything within power to achieve the 6-month processing time goal by September 30, 2006, which is committed by the President Bush, the visa number usage for EB-3 will keep rising adding further pressure on the EB-3 visa priority dates. Facing such challenge, the immigrant community should learn some lessons from prior experiences in the immigration history when the EB-3 numbers were heavily backlogged and Chinese and Indians had to wait a long time to get a green card. When the EB-3 numbers were heavily oversubscribed, the Chinese en masse started filing EB-2 cases, leading to an abnormal movement between EB-2 and EB-3. One time, EB-2 numbers were more backlogged than EB-3. How did they cope with the problem? The answer was filing of "multiple petitions."
* In order to understand this option, one has to understand the rule of the employment-based preference immigration petitions. The rule is analogous to a "watershed" or "downhill water stream." For instance, once he/she obtains a "upstream" labor certification application such as EB-2, he/she is also eligible for "downstream" immigrant petitions such as EB-3. Accordinly, in this illustration, if he/she obtains a labor certification approval for EB-2 job, he/she can file two I-140 petitions simultaneously or sequentially, one for EB-2 I-140 petition and the other for EB-3 I-140 petition. If he/she chooses to do that, he/she can also file just a EB-3 petition using the certified EB-2 labor certification application. The same is not allowed from downstream labor certification application to upper stream preference immigrant petitions. For instance, if he/she obtained a labor certification for EB-3, he/she cannot file a EB-2 petition.
The article below from www.immigration-law.com suggests that upstream cannot be done???
12/12/2004: Options for EB-31 Retrogressed Indians, Chinese, and Filippinos
* It is likely that the priority date for EB-3 may move either slow or move further back depending on the pace of USCIS I-485 backlog reduction efforts. Considering the fact that the USCIS will do everything within power to achieve the 6-month processing time goal by September 30, 2006, which is committed by the President Bush, the visa number usage for EB-3 will keep rising adding further pressure on the EB-3 visa priority dates. Facing such challenge, the immigrant community should learn some lessons from prior experiences in the immigration history when the EB-3 numbers were heavily backlogged and Chinese and Indians had to wait a long time to get a green card. When the EB-3 numbers were heavily oversubscribed, the Chinese en masse started filing EB-2 cases, leading to an abnormal movement between EB-2 and EB-3. One time, EB-2 numbers were more backlogged than EB-3. How did they cope with the problem? The answer was filing of "multiple petitions."
* In order to understand this option, one has to understand the rule of the employment-based preference immigration petitions. The rule is analogous to a "watershed" or "downhill water stream." For instance, once he/she obtains a "upstream" labor certification application such as EB-2, he/she is also eligible for "downstream" immigrant petitions such as EB-3. Accordinly, in this illustration, if he/she obtains a labor certification approval for EB-2 job, he/she can file two I-140 petitions simultaneously or sequentially, one for EB-2 I-140 petition and the other for EB-3 I-140 petition. If he/she chooses to do that, he/she can also file just a EB-3 petition using the certified EB-2 labor certification application. The same is not allowed from downstream labor certification application to upper stream preference immigrant petitions. For instance, if he/she obtained a labor certification for EB-3, he/she cannot file a EB-2 petition.
Dallas03096
Registered Users (C)
Thanks UN
Thanks UN for your clarification!
unitednations said:
Thanks UN for your clarification!
UN-
The only reason I will think of filing one more EB2 with new employer is when evaluating a scenario where I changed the employer and decide to use AC21, but since the new position does not match to the job description from original labor, USCIS may come back and deny the case. There should be a back up in that case. Your advise appreciated.
The only reason I will think of filing one more EB2 with new employer is when evaluating a scenario where I changed the employer and decide to use AC21, but since the new position does not match to the job description from original labor, USCIS may come back and deny the case. There should be a back up in that case. Your advise appreciated.