245(i) Cases Will not effect EB3 or EB2 Numbers

[sanju_dba]

found this

245(i) Cases Will not effect EB3 or EB2 Numbers - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=204516)

[khodalmd]

This is totally wrong. I seen three 245(i) cases, they are under EB3 and 100% sure, 245(i) cases used quotas of Employment based. I seen Service request reply for 245(i) cases, USCIS clearly told that your date is not current or EB3/India quota for this FY is gone and check back in next FY.

The illegals are coming to the US alone (few cases with spouse) and their kids are at back home. Once they get Green card under 245(i), they will file "Follow to Join" I 824 for Spouse/Kids who are at back home. It will go consular processing but still use Employment Based quota. I seen three persons who got Green card with 245(i) and filled I 824 "Follow to Join family members" One family got their kids here and two are waiting as EB3 was unavailable. This is the hard fact and EB3 will take more years to come out of 2001 cut off as many 245(i) cases have PD earlier than 2001 and their family member are using quota. If you don't agree with me, do your research.

found this

245(i) Cases Will not effect EB3 or EB2 Numbers - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=204516)

[Caliber]

found this

245(i) Cases Will not effect EB3 or EB2 Numbers - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=204516)

Dear Sanju,

Please read the whole thread. 245(i) very much consume EB3 though they fall under a different category within EB3.

[sujijag]

EB3 is an overloaded ship, either you had to abandon(read porting to Eb2) or unload few of them (removing 245(i) cases from Eb3) to reach the target.
Abandoning can take an year for most of us - PERM Approval time line for now.
Unloading will never happen in this economic scenario
So we had to look for lifeboat saving to do the miracle. If any one finds it let me know am ready to grab it.

[radhay]

Looks like 245(i) cases can be filed in any employment category. Most cases were filed in EB3 and very few in EB2. This is because EB3 category accommodates people with no education and with minimal experience via (i) (ii) and (iii) categories with in EB3.

It seems logical that EB3 was near current until 2005 as all the 245(i) cases were rotting in BEC centers. As BECs started clearing them EB3 got hit. Unfortunately none of us predicted this. There is no efficient way to separate them at 485 stage as they fall under various categories.

[khodalmd]

EB3 was current until 2005 due to recapture of unused visa. Lot of illegal purchased ready made approved labor from greedy desi hotel/motel, restaurant, gas station, and donute/coffee shops. It was a business for these employer/attorney to get labor certificates approved in dummy name every year and later sale. I know, many illegal brought approved labor and used 245(i) and got Green card in 1 to 2 years while legal EB3 holder, who has filed in 2001/2002 are still waiting. Major portion of "Recapture of Un used visa" was taken by 245(i) cases. I was in EB2 and got my GC but still I have high sympathy for legal EB3/I.



Looks like 245(i) cases can be filed in any employment category. Most cases were filed in EB3 and very few in EB2. This is because EB3 category accommodates people with no education and with minimal experience via (i) (ii) and (iii) categories with in EB3.

It seems logical that EB3 was near current until 2005 as all the 245(i) cases were rotting in BEC centers. As BECs started clearing them EB3 got hit. Unfortunately none of us predicted this. There is no efficient way to separate them at 485 stage as they fall under various categories.