Why DOS is waiting for 245i based cases ?

[Ghost_card]

India EB3 will not be affected by 245(i) cases.

Its right, there may be lot of Indians...but these folks that you mention -taxi drivers, c-store owners, etc - are in the EBs-EW (essential worker) category which is limited by law to 10,000 a year. They are generally not in the EB3- Skilled worker/professional category.

I seee no reason for severe retrogression. I do think like almost all years in the past (save 2005) they may end us wasting visa numbers.

To begin with Thanks to govinda and sobers for thier responses.

Here is what my attorney's reply to my querry after getting info from DOL/USCIS

" The 245(i) cases are a special category provided by US Law to all the illegal aliens working with in US since before 2000. And They created a special program under which they can file for a legal status (green card). But these individuals would have to file thier labor under special circumstances. Which under no conditions are considered similar to EB3 employment based category as filing for EB3 would require special skill which is not avialable in local markets in US. And Eb3 filing category for filing I-140 needs a employer to file a petition for a beneficiary ( H1-B foreign Professionals) which 245(i) case filers do not have. Thus these people who are taking advantage of 245(i) condition to legalize themselves need to go through EBs-EW (essential worker) category which is limited by law to 10,000 a year for everybody and this class is not classified by nation of birth. So all 290K plus cases filed under 245(i) condition with not effect the movement of Priority dates For Eb3 or Eb2 cases".

Reading this response my firends i think all this crazy retrogression happend only to give USCIS/DOL some breathing time to get thier act together.
So wishing everybody Best of luck, and hope to see the dates move as they did in last two months.

 

[GC_Govinda]

To begin with Thanks to govinda and sobers for thier responses.

Here is what my attorney's reply to my querry after getting info from DOL/USCIS

" The 245(i) cases are a special category provided by US Law to all the illegal aliens working with in US since before 2000. And They created a special program under which they can file for a legal status (green card). But these individuals would have to file thier labor under special circumstances. Which under no conditions are considered similar to EB3 employment based category as filing for EB3 would require special skill which is not avialable in local markets in US. And Eb3 filing category for filing I-140 needs a employer to file a petition for a beneficiary ( H1-B foreign Professionals) which 245(i) case filers do not have. Thus these people who are taking advantage of 245(i) condition to legalize themselves need to go through EBs-EW (essential worker) category which is limited by law to 10,000 a year for everybody and this class is not classified by nation of birth. So all 290K plus cases filed under 245(i) condition with not effect the movement of Priority dates For Eb3 or Eb2 cases".

Reading this response my firends i think all this crazy retrogression happend only to give USCIS/DOL some breathing time to get thier act together.
So wishing everybody Best of luck, and hope to see the dates move as they did in last two months.

Going by what your attorney says does give us encouragement. But consider this - 10K per year and 290K pending cases. That means someone has to wait for 29 years to get their GCs in this category ?
Consider another thing - some of the famous immigration lawyer's websites
have mentioned that the sate department is considering the 245i cases to establish the Priority dates for the EB categories especially EB3. Could they be wrong ?

 

[USCIS_GC_APPRO]

please Consider Every Country has limit. Why don't consider this point.

Going by what your attorney says does give us encouragement. But consider this - 10K per year and 290K pending cases. That means someone has to wait for 29 years to get their GCs in this category ?
Consider another thing - some of the famous immigration lawyer's websites
have mentioned that the sate department is considering the 245i cases to establish the Priority dates for the EB categories especially EB3. Could they be wrong ?

 

[can_card]

Has any on given a thought?

Has any one know about howmuch EB visas has been issued sofar, from this year qutoa (FY2006)? Is there any public monthly statistics available?
The reason for this question is below..

DOS moving the dates very carfully based on pending LC in BEC, including 245i cases, as discussed extensivly in this thread. Till last year, DOS was metering the visa numbers to estabilsh cutoff dates in various catagories, just only by monitering the rate of approval of 485s by USCIS. As DOS issuing the visa numbers at the time of 485 approval by USCIS, they were gauging the demand in each catagory, when CIS requesting the visa numbers. Thhis is the solid evidence for DOS to determine the demand and compare with supply. This is one of the good way of estabilishing the cutoff dates. Therefore, they did not care about how much LCs are pending, how much 140s are pending and how much 485s are pending. Because, both DOL and CIS (particularly DOL) does not have any records of composition of pending cases, like PD, EB classification and chargable country. Obdusman report clearly alanysed the DOS procedure in past years.

In FY 2006, DOS changed the practice. As mentioned by others, DOS is considering mainly the backloged old LCs, majority of those still at BEC. This approch is good, to give justice to guys with old PD waiting still in LC stage for many years.

However, there is a practical problem. Can DOS issue a visa number(485 approval) to a 245i guy , if his LC is clearled in April or May 2006 (for him they are currently holding the dates) My concern is DOS is holding (or moving slowly) the dates for oldest LCs from the BEC. But, USCIS need at least 6 months to process 140, 485, FP, name check. Because of the process delay, there is a great danger that many of the EB visas (particularly EB2 & EB3) is going to be unused at the end of FY 2006. Because,the PD for EB3 still in 2001, and EB2 for IN/Ch in 2002. Now almost six months are over in this FY. If DOS still calculates the BEC cases for moving cutoff dats for the remaining months, there is a great chance that the remaining numbers will be unused which cannot be recaptured for FY 2007, unless congress pass some law like AC21 and REAL ID act. Thats why we need to know monthly visa issuance statistics by DOS.

 

[marlon2006]

Based on my attorney reply this morning, the confirmed that he personally has various 245(i) cases still pending at the DOL/BEC stage. It seems that EB3 visa numbers are consumed by the 245(i) cases. Yes, we have lots of good Tax drivers and Indians in other occupations who also came here illegally and applied for 245(i). Therefore EB3's in general are all in a very deep s*.

My hope is that USCIS and DOS advance the EB3 cut-off dates to April 2002 within the next 3 months because of the 245(i) . I am saying this because the Immigration Comprenhesive reform debate is set to start by March 27th and then USCIS will get way busier if the illegals get paperwork to stay.

 

[meg_z]

My concern exactly.

Has any one know about howmuch EB visas has been issued sofar, from this year qutoa (FY2006)? Is there any public monthly statistics available?
The reason for this question is below..

DOS moving the dates very carfully based on pending LC in BEC, including 245i cases, as discussed extensivly in this thread. Till last year, DOS was metering the visa numbers to estabilsh cutoff dates in various catagories, just only by monitering the rate of approval of 485s by USCIS. As DOS issuing the visa numbers at the time of 485 approval by USCIS, they were gauging the demand in each catagory, when CIS requesting the visa numbers. Thhis is the solid evidence for DOS to determine the demand and compare with supply. This is one of the good way of estabilishing the cutoff dates. Therefore, they did not care about how much LCs are pending, how much 140s are pending and how much 485s are pending. Because, both DOL and CIS (particularly DOL) does not have any records of composition of pending cases, like PD, EB classification and chargable country. Obdusman report clearly alanysed the DOS procedure in past years.

In FY 2006, DOS changed the practice. As mentioned by others, DOS is considering mainly the backloged old LCs, majority of those still at BEC. This approch is good, to give justice to guys with old PD waiting still in LC stage for many years.

However, there is a practical problem. Can DOS issue a visa number(485 approval) to a 245i guy , if his LC is clearled in April or May 2006 (for him they are currently holding the dates) My concern is DOS is holding (or moving slowly) the dates for oldest LCs from the BEC. But, USCIS need at least 6 months to process 140, 485, FP, name check. Because of the process delay, there is a great danger that many of the EB visas (particularly EB2 & EB3) is going to be unused at the end of FY 2006. Because,the PD for EB3 still in 2001, and EB2 for IN/Ch in 2002. Now almost six months are over in this FY. If DOS still calculates the BEC cases for moving cutoff dats for the remaining months, there is a great chance that the remaining numbers will be unused which cannot be recaptured for FY 2007, unless congress pass some law like AC21 and REAL ID act. Thats why we need to know monthly visa issuance statistics by DOS.