Where are the EB-3 approvals?

[cram]

The October visa bulletin has been out for 10 days now and we haven't seen any approvals as of yet. Are there any?

[RandyK]

I agree, on trackkit there were only a few for the 10 days in Oct, strange.

[cram]

Does anybody know what is going on with USCIS? I hope it is nothing to be concerned about.

[Sunx_2004]

I know one of my friends got his GC in April this year EB3 India, PD Aug 2001.
So they did approve some cases, very few though.

Is this something to be concerned of, Absolutely. USCIS should release the monthly statistics of approvals in each category.

Originally Posted by a1b2c3

It is something to be concerned about, they don't seem to be have approved any EB3-I after July 07 (or may be they approved a very tiny number).
June 03 was the cutoff in June 07 and after that it hasn't crossed Nov 01 ever, till date. Very weird.

[a1b2c3]

Originally Posted by Sunx_2004

I know one of my friends got his GC in April this year EB3 India, PD Aug 2001.
So they did approve some cases, very few though.

Is this something to be concerned of, Absolutely. USCIS should release the monthly statistics of approvals in each category.

We need USCIS to publish
a. Future projections - projection of monthly cutoff dates every quarter
b. Historical data - A histogram of 485 approvals in the last quarter based on PD buckets (May-June 02 would be a bucket).
c. Case updates like NC clearances and so on, without having to go through infopass and waste everyone's time.
d. Timely updates on processing times for cases like I-140.

Given that the three databases are being consolidated into one, I don't think it should be difficult for USCIS to publish this data.

You can't just say "Hey, we made every category current in July 07, now the dates are going to go into 10,000 B.C?"

[raydon]

Looking at the movement of dates for EB3, esp India and China, it's hard to be optimistic of any changes. It's a very wretched position to be in for Indian and Chinese nationality, if they're in EB3. All those who are eligible to port will definitely try to port to EB2 as long as it's available and cut their waiting time. It might be risky and unpredictable, but it's a risk worth taking considering the endless torture in the form of a long wait and zero or little forward movement of dates.

There've been times when I've felt like attempting porting, but am not sure of the reaction of my employer - a big "reputed" company. If they revoke the I-140 in retaliation for using AC-21, then no chance of porting and back to one. So it's the seemingly endless wait for me just like all others suffering from 2001 onwards. If only I'd not hesitated to take a bold step back in 2003. Too late to lament about that though.

[a1b2c3]

Originally Posted by coopheal

If you are serious about this go ahead start helping nixtor and others in this regards.
http://immigrationvoice.org/forum/sh...941#post296941

Sure, but where is the agenda posted?

[a1b2c3]

Originally Posted by raydon

Looking at the movement of dates for EB3, esp India and China, it's hard to be optimistic of any changes. It's a very wretched position to be in for Indian and Chinese nationality, if they're in EB3. All those who are eligible to port will definitely try to port to EB2 as long as it's available and cut their waiting time. It might be risky and unpredictable, but it's a risk worth taking considering the endless torture in the form of a long wait and zero or little forward movement of dates.

There've been times when I've felt like attempting porting, but am not sure of the reaction of my employer - a big "reputed" company. If they revoke the I-140 in retaliation for using AC-21, then no chance of porting and back to one. So it's the seemingly endless wait for me just like all others suffering from 2001 onwards. If only I'd not hesitated to take a bold step back in 2003. Too late to lament about that though.

It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
Their managers pushed for labors subs for them and nobody even objected because it was legal!

And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.

Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.

[raydon]

Originally Posted by a1b2c3

It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
Their managers pushed for labors subs for them and nobody even objected because it was legal!

And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.

Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.

I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.

For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.

Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process Couldn't help myself with that pun there

[a1b2c3]

Originally Posted by raydon

I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.

For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.

Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process Couldn't help myself with that pun there

Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.

I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.

[optimystic]

Originally Posted by a1b2c3

Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.

I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.

I certainly hope for the best this year. My PD is currently current, but I am still helpless. Can't file a service request nor know any kind of status (unless on pure luck I run into a good natured IO over phone or infopass). Just have to pray that they find and get to my application while dates are still current.

This thing is a dual headed monster....If you conquer the PD head, the processing date Head pops up and vice versa.... I was in same situation briefly ( a month or two of PD being current but Processing dates stuck at July 2, 2007 at NSC) early this year and had to sit back and painfully watch the PD for EB3-I becoming 'U' again. I am more afraid of the 'unavailability' than retrogression now!! With retrogression you can atleast hope it might become current in the next month or one after that. But with 'U' , you just have to wait until Oct next year !!!

The moment they advance the PD for EB3 I and my application still remains untouched , I am gonna try to take that info , take an Info Pass and ask the IO, if they had advanced the PDs, it means they exhausted every application that could be approved and wanted to find more....so what ever has happened to my case !! I hope it wouldn't come to that.

[trueguy]

There are not many EB3 approvals so far. It means USCIS doesn't have many cases in their inventory with cut-off date of Oct'08 VB so I hope DOS move the EB3 cut off dates forward in Nov'08 bulletin and more cases become eligible.

[a1b2c3]

Originally Posted by coopheal

Come on man do you need to be spoon feed for every thing?
I posted the nixtor’s post. Read his blog, contact him.

http://nixstor.blogspot.com/2008/10/...ystem-and.html

Are you retarded?

Read the post carefully first before shooting off your mouth! I already read the blog before you posted the link, you don't even read the posts before you start assuming things.
Don't act as if you are the super moderator. I don't need your advice.

[optimystic]

Originally Posted by xyzgc

Are you talking about EB3-I? If not, ignore this post...

EB3-I dates are in Oct 01, there are no cases to approve, what will they approve?
What makes you think they are processing EB2-I more? Same logic applies here. Wait for the next bulletin, if you are EB3-I in 02 you'll get what is long overdue?

I am sure there are bunch of cases with PD < Oct 01. My PD is May 2001.
Something fishy going on. I have already been thru one whole month earlier this year (Apr or May) with my PD being current but my Processing date retrogressed at NSC. And the same this time too. I am planning to take an Info pass once we enter November irrespective of where Processing dates are at. That will be one more whole month with my PD being current and yet no approval received.

[trueguy]

Originally Posted by xyzgc

Are you talking about EB3-I? If not, ignore this post...

EB3-I dates are in Oct 01, there are no cases to approve, what will they approve?
What makes you think they are processing EB2-I more? Same logic applies here. Wait for the next bulletin, if you are EB3-I in 02 you'll get what is long overdue?

If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?