Tracker for ONLY EB3 CONCURRENT filing in CSC after APRIL 1 2004

folks - looks like we are in trouble. :mad:

"During the past two years, the visa allocation system compensated for
reduction in CIS visa number demand by making very rapid advances in the
visa cut-off dates. As the cut-off dates advanced, tens of thousands of
applicants became eligible to file for adjustment of status at CIS offices.
Heavy demand was expected as CIS began to address their backlog and finalize
action on such cases. The Visa Office has been alerting interested parties
to this possibility over the past two years, and this is exactly what has
recently begun to happen. FAMILY: As CIS demand for visa numbers continues
to increase, little if any forward movement of cut-off dates is expected
during FY-2005, and the potential for retrogressions in certain categories
cannot be ruled out. While retrogression of certain Family cut-off dates is
not likely in the immediate future, it cannot be ruled out late in the
fiscal year. This is because the CIS backlog is likely to include large
numbers of applicants in all categories with priority dates well before the
current cut-off dates. EMPLOYMENT: The increasing CIS use of numbers is
likely to require the establishment of cut-off dates in one or more
categories during FY-2005. Such action is expected in the Employment Third
preference category as early as January."

In simple English, this means that the 3.5 million persons who have played
by the rules established by Congress and waited in line to able to apply for
permanent residence under the existing system of family and employment
preferences are screwed!
 
How does this affect applications which are already in the process ? My understanding is that Cutoff dates are going to be similar to H1 cutoff dates where only a certain quota is allocated yearly ?

anonymous_nj said:
folks - looks like we are in trouble. :mad:

"During the past two years, the visa allocation system compensated for
reduction in CIS visa number demand by making very rapid advances in the
visa cut-off dates. As the cut-off dates advanced, tens of thousands of
applicants became eligible to file for adjustment of status at CIS offices.
Heavy demand was expected as CIS began to address their backlog and finalize
action on such cases. The Visa Office has been alerting interested parties
to this possibility over the past two years, and this is exactly what has
recently begun to happen. FAMILY: As CIS demand for visa numbers continues
to increase, little if any forward movement of cut-off dates is expected
during FY-2005, and the potential for retrogressions in certain categories
cannot be ruled out. While retrogression of certain Family cut-off dates is
not likely in the immediate future, it cannot be ruled out late in the
fiscal year. This is because the CIS backlog is likely to include large
numbers of applicants in all categories with priority dates well before the
current cut-off dates. EMPLOYMENT: The increasing CIS use of numbers is
likely to require the establishment of cut-off dates in one or more
categories during FY-2005. Such action is expected in the Employment Third
preference category as early as January."

In simple English, this means that the 3.5 million persons who have played
by the rules established by Congress and waited in line to able to apply for
permanent residence under the existing system of family and employment
preferences are screwed!
 
Well, my understanding is that if USCIS runs out of immigrant visa qouta they will retro the I485 dates. For last few years these dates have been current due long delays in DOL.
 
I will encourage you to find out for sure from your attorneys. I have checked with two attorneys and both say it will impact I485 as USCIS will have to retro the dates.
 
So what will happen to people who have filed concurrent? Since DOL says it will approve 140 and 485 in one shot, does it mean that if the dates regress, then we will have to wait till the date becomes current to get both 140 and 485?

GMG
anonymous_nj said:
I will encourage you to find out for sure from your attorneys. I have checked with two attorneys and both say it will impact I485 as USCIS will have to retro the dates.
 
This only impacts I485. I would think when they run out of immigrant visa qouta, they will continue to approve just I140's (that would be my speculation)
 
EB3 / Labor Substitute - Pure Concurrent
I 140,I 485/765/131 RD 8/18/04
FP Done (both) Date - 10/1/04
AP (Both ) - Approved 9/27/04
EAD (Both )- Approved 9/27/04
LUD I485 (Both) - 12/20/04
LUD I140 - No Change
RFE I140 received on 3/23/05 (Education credentials,W2s,Employment letter)
RFE I140 replied on 4/21/05
LUD I140 update on 4/25/05
I140 - Approved 9/14/05 (priority date mentioned is the original labor prioroty date)
2nd FP Done (both) Date - 10/4/05
2nd AP (Both ) - Approved 9/21/05
I485 still pending - LUD not changed since 12/20/04
 
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Pure Concurrente EB3
RD: 9/8/04
FP results 10/6/04
EAD: approved on 10/20/04 (card not received)
AP: mailed on 10/20/04
I140: no news
I485: fingerprint
 
Only LUD changed

My LUD changed for I-485 on 10/27/2004.
But status remined same as "received my my Fingerprint results on /09/24/2004."
I am guessing this could be because I filed AOS for derivative applicant for my spouse 2 weks ago. Thay may have touched my with regard to this.

-Greeny
 
Here are my details:
EB3 concurrent, regular Labor (Labor took 2y8m)
140/485/765/131 RD 09/11/04
I 765 AD 10/27/04
I 131 AD 10/28/04
FP 10/15/04 status received 10/20/04
140 LUD 09/14/04
485 LUD 10/27/04
 
CSC EB3 I-140/I-485 Concurrent Adjudication

RD: Oct 27, 2004
ND: Nov 02, 2004
Applied for EAD, AP, I-140, and I-485
FP notice: Not received yet.
Priority Date: May, 2002

LUD:
485: Nov 9, 04
EAD: Nov 9, 04
 
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Hi GC_waiter_04
What is the priority date showing on your Fingerpint notice?
Is it a substitution case? Mine is substitution case. Priority date on
on my FingerPrnt Notice was showing as i-140/i-485 filing date.
(it is not showing my LC priority date as priority date on FP notice. :( )
Thanks
-Greeny
 
Greeny said:
Hi GC_waiter_04
What is the priority date showing on your Fingerpint notice?
Is it a substitution case? Mine is substitution case. Priority date on
on my FingerPrnt Notice was showing as i-140/i-485 filing date.
(it is not showing my LC priority date as priority date on FP notice. :( )
Thanks
-Greeny

As far as I know, sub. applications dont inherit the LC priority date. The subs. applications get their priority as the day 140/485 is filed.
 
Greeny said:
Thanks.
Is there anything that attorney can help claiming to inherit priority dates?
Thanks

None that I know of. Experts may say otherwise. Problem is only if EB3 priority dates retrogress.
 
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