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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 09-23-2008, 05:07 PM
Junior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
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:
I-140
I485 Mailed Date
:
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Join Date: May 2006
Posts: 3
TigerAmit has a little shameless behaviour in the past
Default TSC not accepting valid I-485 application

Dear Guru's

I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

Is there anyway I can talk to ombudsman office and get personal attention to my case.

Guru's please help me out with your experience and ideas.
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  #2 (permalink)  
Old 09-23-2008, 06:10 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
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I-140
I485 Mailed Date
:
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will there be any movement in the dates for the NovVisa Bulletin for the fiscal year 2009?
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  #3 (permalink)  
Old 09-23-2008, 06:55 PM
Junior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 3
TigerAmit has a little shameless behaviour in the past
Default

Hows your question relates to this thread ? Did you post your concern in error ?
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  #4 (permalink)  
Old 09-23-2008, 07:11 PM
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Priority Date
:
Feb-02
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:
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I140 Mailed Date
:
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:
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:
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Eventually they will accept it if it was wrongly rejected so you do not have to worry that you won't be able to re-file it after 9/30.
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  #5 (permalink)  
Old 09-23-2008, 07:22 PM
Donor
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
04/04/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Dec 2007
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Default Which country are you from?

I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
Quote:
Originally Posted by TigerAmit View Post
Dear Guru's

I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

Is there anyway I can talk to ombudsman office and get personal attention to my case.

Guru's please help me out with your experience and ideas.
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  #6 (permalink)  
Old 09-23-2008, 07:32 PM
Junior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 3
TigerAmit has a little shameless behaviour in the past
Default

Is it possible that they reject my application because my both PDs are not current ?
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?

My Lawyer cited following in cover letter to prove that I am eligible for AOS.

"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:

A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.

"

At-least I want verify that based on two PD's I am eligible to file for AOS.

Last edited by TigerAmit; 09-23-2008 at 07:36 PM.
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  #7 (permalink)  
Old 09-23-2008, 08:07 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB2
I140 Mailed Date
:
08/08/2008
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/08/2008
Compare
Join Date: May 2006
Posts: 212
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same issue nsc rejected one time second time accepted
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  #8 (permalink)  
Old 09-25-2008, 07:22 PM
Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
08/08/2005
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
08/08/2005
Compare
Join Date: Nov 2006
Posts: 61
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Quote:
Originally Posted by TigerAmit View Post
Dear Guru's

I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

Is there anyway I can talk to ombudsman office and get personal attention to my case.

Guru's please help me out with your experience and ideas.
I filed last year with 2 I-140's wherein 1st was current and second was not. They accepted it.
I think you can still ask them even after 09/30. You may want to keep record of your dispatches.

BTW, it (filing with 2 I-140) is not a good idea as you may need to keep reminding them.
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  #9 (permalink)  
Old 09-25-2008, 07:22 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
05/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Apr 2006
Posts: 103
map_boiler is a name known to all map_boiler is a name known to all map_boiler is a name known to all map_boiler is a name known to all map_boiler is a name known to all map_boiler is a name known to all
Default I don't think PD is the issue here...

...but could be due to unavailability of visa numbers for EB2-I in September. So even though the ported PD of Nov 2004 is current in September, the October visa bulletin has clarified that the EB2-I numbers were actually unavailable in September. See below:

Quote:
E. EMPLOYMENT VISA AVAILABILITY

Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the “unavailability” of all Employment Third preference categories beginning in July, 2) the “unavailability” of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.

Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
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  #10 (permalink)  
Old 09-25-2008, 07:23 PM
Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
08/08/2005
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
08/08/2005
Compare
Join Date: Nov 2006
Posts: 61
ImmiLosers is a jewel in the rough ImmiLosers is a jewel in the rough ImmiLosers is a jewel in the rough
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Quote:
Originally Posted by jnraajan View Post
I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
PD is ported irrespective of the EB class
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  #11 (permalink)  
Old 09-25-2008, 07:24 PM
Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
08/08/2005
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
08/08/2005
Compare
Join Date: Nov 2006
Posts: 61
ImmiLosers is a jewel in the rough ImmiLosers is a jewel in the rough ImmiLosers is a jewel in the rough
Default

Quote:
Originally Posted by map_boiler View Post
...but could be due to unavailability of visa numbers for EB2-I in September. So even though the ported PD of Nov 2004 is current in September, the October visa bulletin has clarified that the EB2-I numbers were actually exhaused in September. See below:

he is still eligible to file.
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  #12 (permalink)  
Old 09-25-2008, 07:25 PM
Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
08/08/2005
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
08/08/2005
Compare
Join Date: Nov 2006
Posts: 61
ImmiLosers is a jewel in the rough ImmiLosers is a jewel in the rough ImmiLosers is a jewel in the rough
Default

Quote:
Originally Posted by jnraajan View Post
That is not true. Unless the second I-140 was filed(the EB2) requesting to use the earlier priority date, I dont think they will accept the Eb2 application with the Eb3 priority date
They did for me...
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  #13 (permalink)  
Old 09-25-2008, 07:27 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
05/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Apr 2006
Posts: 103
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Default

I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.

Quote:
Originally Posted by ImmiLosers View Post
he is still eligible to file.
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