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larryking
10-22-2007, 06:50 PM
If I understand the visa bulletin right, EB#3 has 28.6% of the available visa numbers. If this is the case, is the 28.6% of the visas shared equally between the countries? And if they are shared equally between the countries, then do the applications get processed based on the priority date of the applicants for a given country?



I am just trying to understand the sequence of events here.



1. Divide total available visa numbers between EB1, EB2, EB3 etc resulting in 28% of visa numbers for EB3

2. Divide that 28% of numbers from step 1, equally between all the countries including India, China, Mexico and Other countries etc…all getting an equal “X” number of visas.

3. Once divided, start processing applications based on the priority date of the applicants for a given country. Which means, some countries may not be able to fulfill X number of visa numbers as they don’t have that many applicants Vs countries like India and China – their quota of X gets filled up in a hurry creating a back log?



If this sequence is not correct – how else can they end up with unused visa numbers?? What is the importance of priority date?



Thanks,

Larry King

485Mbe4001
10-22-2007, 06:54 PM
what is the significance of three ??? in your question. one is used the other 2 are unused.

You have answered your own question...if Latvia had 2600 visas in EB3 FY 2006 and only 500 visas were used then 2100 are unused. They are transferred to people from other countries.

larryking
10-22-2007, 07:55 PM
485Mbe4001 thanks for your reply. If you look at visa bulletin - Priority date for EB 3 is 1 Aug 2002. So from your reply, I gather, that they would look at processing all the applications they have on file from 2002 upto 2007 for "Latvia". And only if they end up with some visa numbers remaining due to lack of applicants, will those number be transferred to other countries.... Right??

Gravitation
10-23-2007, 11:30 AM
One common misconception is that there's a "quota" for each country. There's none.

The number 2600 is actually the upper limit. It means that no one country should get more visa numbers than 2600.

The total number of EB3 visa numbers for the whole world is 40,000. There's no entitlement here. There's no guarantee of all visa numbers being issued. There's no minimum number of visas that a specific country is sure to get...

If there's a demand for more than 2600 for a specific country, it's said to be oversubscribed. If the total demand from all countries remains below 40,000, the remaining visa numbers may overflow to the oversubscribed countries.

Once again, it's perfectly within the law to issue less than 40,000 visa numbers. It's a limit, not a quota.

pappu
10-23-2007, 12:01 PM
Significance of Priority date???
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.

indio0617
10-23-2007, 12:38 PM
Significance of Priority date???
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasable) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.

I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.

pappu
10-23-2007, 12:45 PM
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.

Yes. Pre-Adjudications can happen regardless (dates current or not). However having a pre-adjudicated file has no consequence on immigration benefits unless your dates are current. When the dates become current for the applicant, the file is pulled for allotment of visa number.

I will correct my post to be more specific.

dpp
10-23-2007, 12:57 PM
You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.


I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.

larryking
10-23-2007, 08:30 PM
Deall All,

Thanks for your replies...i hope you gurus can shed some light into my situation:

labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008

Here are my questions:

1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)

2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?

3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?

4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?

Thanks for your replies.

BharatPremi
10-24-2007, 02:33 PM
You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.

What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.

Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.

CADude
11-07-2007, 08:30 PM
Please Read the SOP I-485 Section 6: Work Load Distribution (page 134 of 269)

If all earlier process is completed (NC, G235A, FP, etc, etc..) then you will come to WL Distribution phase. If you Visa# is not available then files will be kept in "visa hold self" sorted by PD. It's reviewed monthly for visa# availability.

If visa# available for your PD then file will be assigned to Adjustor.

But to reach WL Distribution, all process haved to be completed which is done based on your Receive Date(RD). I am sure FIFO didn't followed for July 2nd filer(few filer are still waiting for RN). So for all praticle purpose read Notice date(ND) inplace of RD.