visa bulletin -Jan 2005

N

ndnori

Registered Users (C)
Visa bulletin Jan 2005 is releaesd .as expected by many EB3 retrogressed to Jn01,2002

http://www.travel.state.gov/visa/frvi_bulletincurrent.html[/url]
 
EB3 retrogession.....what does that mean

what does this mean fr Eb3 applicants who applied 485 after Jan 2002. Does it mean their 485's will not get approved?
 
labordrags said:
I believe it wont get approved unless your PD is current.
Click to expand...


What does this mean?

Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.
 
labordrags said:
I believe it wont get approved unless your PD is current.
Click to expand...

I don't think so, I read below explanation in some other thread, seems logical, even though this guy is EB2,
he thinking about all categories, Nice to have those type of
guys still .

If one has already applied for I-485, will the case still be subjected to Priority Date? I say NO.

Going back 3-4 years, one could not file 485 unless the person's PD was current. What it means for all those who have already filed 485 is that a Visa number was available for them to be able to file it.

Theoritically speaking (and also per law too), USCIS must process all 485's that are already filed.

Now, why should the date go backwards ? instead staying at Jan 1 2005?
And why Jan 1st 2002 and not Jan 1st 2001 ??

Back in 2001, when the law was changed to use unused numbers for other countries towards India and China, we had large numbers available. The PD moved from a 3 year backlog to Current.

Since then, every one who cleared labor certification had a number available until sometime this year. So they could file 485.

Jan 1st 2002 is just an arbitary date. USCIS believes that most Labor Certifications that have been approved, filed 485, but still did not eventually receive a green card are only after this date. There should be very few people who's PD is before Jan 1st 2002 and not yet filed for a 485.

My guess is that the date will move forward quickly to early 2003 as those people from 2001 Labors who are getting approvals only recently start clearing up (ie apply 485). I dont think there are many people with PD in 2001 (or even 2002) whose labor is not yet approved or not yet filed for 485.

All those who filed 485: keep your good moods up

all those whose PD before Jan 1st 2003 but after Jan 1st 2002: Wait should not be too long

Any one whose PD is after 2003: God bless you

(all comments are for EB3 only)
 
shirs said:
I don't think so, I read below explanation in some other thread, seems logical, even though this guy is EB2,
he thinking about all categories, Nice to have those type of
guys still .

If one has already applied for I-485, will the case still be subjected to Priority Date? I say NO.

Going back 3-4 years, one could not file 485 unless the person's PD was current. What it means for all those who have already filed 485 is that a Visa number was available for them to be able to file it.

Theoritically speaking (and also per law too), USCIS must process all 485's that are already filed.

Please post the link where the law is clearly mentioned???

Now, why should the date go backwards ? instead staying at Jan 1 2005?
And why Jan 1st 2002 and not Jan 1st 2001 ??

Back in 2001, when the law was changed to use unused numbers for other countries towards India and China, we had large numbers available. The PD moved from a 3 year backlog to Current.

Since then, every one who cleared labor certification had a number available until sometime this year. So they could file 485.

Jan 1st 2002 is just an arbitary date. USCIS believes that most Labor Certifications that have been approved, filed 485, but still did not eventually receive a green card are only after this date. There should be very few people who's PD is before Jan 1st 2002 and not yet filed for a 485.

My guess is that the date will move forward quickly to early 2003 as those people from 2001 Labors who are getting approvals only recently start clearing up (ie apply 485). I dont think there are many people with PD in 2001 (or even 2002) whose labor is not yet approved or not yet filed for 485.

All those who filed 485: keep your good moods up

all those whose PD before Jan 1st 2003 but after Jan 1st 2002: Wait should not be too long

Any one whose PD is after 2003: God bless you

(all comments are for EB3 only)
Click to expand...


Please help me understand how could your I-458 Adjustment of Status gets approved, when there is no visa number available? I am pretty sure, even you applied for I 485, it wont get approved unless the visa number becomes current. Please refer to this thread for more info. With that said, if you applied for I-485, and if your PD is not before Jan 1st, 2002, you are barred from getting I-485 Adjudication.

http://www.immigrationportal.com/showthread.php?t=154392

Also see this link, posted by silver arrow:

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4694050912&m=174101114
 
Last edited by a moderator:
Visa Bulletin Jan 2005

What is process of allocating visa numbers, is it done at the filing of I-140 and I-485 or at the time of adjudication? If it is at the time of filing, for those who had already filed, these were available, so what happened to those visa numbers.
For those who had already filed, these should be available, because there could be some rejections.

USCIS should clarify what and how they intend to process the I-140 and I-485 already filed, based on the availability of Visa numbers prior to the cut off announced.

Thanks
 
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