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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 09-25-2007, 05:48 PM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
05/15/2006
Chargeability
:
Mexico
Processing Stage
:
I-485
I485 Mailed Date
:
05/15/2006
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Join Date: Sep 2007
Posts: 2
Jorge Ramirez is on a distinguished road
Default I-485 filled before Aug 17,2007 (Visa Bulleting 107)

I Sent all the documentation (Medical Examinations, Forms, I140, etc..,etc..) on July 30, 2007.

I'm from Mexico, EB3, I-140 PD May 2006

My lawyer told me that as I filled my documentation before Aug 17, 2007 (the famous visa bulletin 107), my case could be approved even if my priority date is until may 2006.

I m very confuse about this, could someone knows the true or some hint????

Thanks in advance
Jorge
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  #2 (permalink)  
Old 09-25-2007, 05:57 PM
Donor
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Oct 2006
Posts: 192
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That is not correct

Thanks
Karthik
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  #3 (permalink)  
Old 09-25-2007, 06:04 PM
Member
Priority Date
:
Oct-06
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/01/2007
Compare
Join Date: Jun 2007
Posts: 25
rambo45 is on a distinguished road
Default

I heard a similar thing, albeit not from my lawyer... must be a rumor being ground out of the rumour mill.
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  #4 (permalink)  
Old 09-25-2007, 06:06 PM
Senior Member
Priority Date
:
Jan-05
Category
:
EB3
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Jul 2007
Posts: 301
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Default karthik is correct

priority date needs to be current at the time of application AND at the time of adjudication ...

but if they've adjudicated your application before aug 17th, then your attorney can be correct
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Disclaimer: NOT Legal Advice


Jan 2005 - EB3-PD
140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
FP date Nov 6 (done)
i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
i485 self and spouse - lud Oct 9, Nov 7, Dec 18
i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28

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  #5 (permalink)  
Old 09-25-2007, 06:15 PM
Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 37
shimul99 is on a distinguished road
Default same here

i heard the same thing. regardless of the priority date all the applications will be taken care of in next 6 months. as they already have received the application they are going to process that anyway,
__________________

Labor approved May 06
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007)
I-485 Applied Jun 29,2007...Received Receipt on July 31, 2007
Status - Pending
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  #6 (permalink)  
Old 09-25-2007, 07:28 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2007
Posts: 1,120
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Default

Quote:
Originally Posted by shimul99 View Post
i heard the same thing. regardless of the priority date all the applications will be taken care of in next 6 months. as they already have received the application they are going to process that anyway,
I wish it was true (we all get GCs in 6 months). But reality is far different.

A visa number needs to be available and assigned to you at time of approval too. So first off your PD needs to be current (keep watching the VB) then you (& each of your dependents) needs to be assigned a visa number (there are 140K per year, with 9800 per country). Not everyone who becomes current will also get their GC. (July VB everyone was current, but still many are left waiting for GC, with 2001/2002 priority dates)

There have been some calculations in earlier threads, but if your PD is late 2006 (EB2 or EB3) and you are from India, there is a wait of atleast 4-5 more years if not more... EB3 India is sitting at 2001, EB2 date is at 2004 right now, what makes you think in 6 months these dates will become 2006 or 2007?

Even assume all the non-PERM guys get their GC magically right now. Upto Sept 2006 they had certified 25K PERM applications from Indians (of 80K total PERM petitions). With dependents thats 50K (atleast). With 10K allowed per year, this will take 5 years to work through... And we ignored everyone who got approved in pre-PERM LC, thats again thousands of people.

Retreogression is pretty nasty right now. Legislative changes are the only way out of this mess.
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  #7 (permalink)  
Old 09-25-2007, 07:54 PM
gpr gpr is offline
Junior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
11/31/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Dec 2006
Posts: 8
gpr will become famous soon enough
Default

Quote:
Originally Posted by gc_chahiye View Post
I wish it was true (we all get GCs in 6 months). But reality is far different.

Even assume all the non-PERM guys get their GC magically right now. Upto Sept 2006 they had certified 25K PERM applications from Indians (of 80K total PERM petitions). With dependents thats 50K (atleast). With 10K allowed per year, this will take 5 years to work through... And we ignored everyone who got approved in pre-PERM LC, thats again thousands of people.

Retreogression is pretty nasty right now. Legislative changes are the only way out of this mess.
Can you share the source of your figure that 25K PERM applications for Indians have been certified till 2006 September. Just curious because my priority date falls before sept 2006 timeline.
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