Yes, saw that on trackitt. Hopefully, dates move to Dec 2004 in the next VB.Quote:
Originally Posted by HarepathekaIntezar
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Yes, saw that on trackitt. Hopefully, dates move to Dec 2004 in the next VB.Quote:
Originally Posted by HarepathekaIntezar
1A. EB3ROW should be Current in March 2016 Visa Bulletin and SO should also happen in March VB. Valid medicals are requested and can be done in 1 Week.Quote:
Originally Posted by iatiam
2A. The effect of EB3I movement on EB2I will only be known in FY17. Per current trend, EB3I should catch up with EB2I in FY17.
I agree with 2A. Porting will continue as long as EB3I does not catch up with EB2I.Quote:
Originally Posted by HarepathekaIntezar
Page 51 of http://www.dhs.gov/sites/default/fil...Report_508.pdf
3.3 I-140 & I-360 Filing Receipts by Preference Category (FY 2009 through 2014)*
EB1 EB2 EB3* EB4
FY Receipts Receipts Receipts Receipts
2009 17,157 19,801 19,959 6,880
2010 17,584 38,563 23,470 4,847
2011 17,106 47,576 19,929 6,639
2012 17,609 45,870 10,926 5,934
2013 20,258 46,720 4,617 8,649
2014 22,874 63,644 485 6,949
Grand
Total 112,588 262,174 79,386 39,898
Source: Information provided by USCIS (Nov. 18, 2014).
From this EB2 I is in trouble? EB3I march ahead of EB2 I - the only spillover hope for EB2 I and EB3 I is from ROW quota from respective EB2 & EB3 category.
prospectives for EB3 I looks good and also EB3 I consuming EB2I quota with porting
Edited version of akshaya8's post for readability.
I-140 & I-360 Filing Receipts by Preference Category (FY 2009 through 2014)
----------EB1-------EB2-------EB3-------EB4
FY------- Receipts -Receipts -Receipts -Receipts
2009------17,157----19,801----19,959----6,880
2010------17,584----38,563----23,470----4,847
2011------17,106----47,576----19,929----6,639
2012------17,609----45,870----10,926----5,934
2013------20,258----46,720----4,617-----8,649
2014------22,874----63,644----485-------6,949
Total-----112,588---262,174---79,386----39,898
I genuinely hope this creates some serious fwd movement in EB3 this year, will be interesting to know the EB3 2015 numbers but I guess its too much to ask from DHSQuote:
Originally Posted by imdeng
Looking at the EB3 numbers, it is understandable how EB3ROW got cleared of last 3 years inventory last fiscal year. What bothers me is that why is CO still not advancing EB3ROW dates? Seems he is being extra conservative as this is completely unknown territory. Unless there is huge demand in 2015, which I doubt there is, shouldn't EB3ROW be already C? Or is he simply waiting to apply SO to justify making EB3ROW "C"?
I would think the 2014 numbers are not factual. A Typo. Just ignore them. When we get the 2015 report, hopefully the numbers will be revised and corrected.Quote:
Originally Posted by imdeng
Hopefully they go ahead and release the I485 Pending report for Jan 2016 sometime next week.
This year should be a good year, and I sincerely hope most of us are greened.
Quote:
Originally Posted by HarepathekaIntezar
Well, even if it's a typo, it's likely still in the 4 digit rage. If there are really only 4-5k EB3 filings, there should still be plenty of spillover for EB3I even at a 2x dependency ratio. Maybe this is the relief valve at least as far as porting is concerned? Spec or someone can chime in about how this would impact EB2-I dates, but I'm guessing it would only benefit...
2009 EB2 and EB3 split is 50:50
By 2013 It is 90:10
In 2013 EB3 ROW was pre-2007, Who want to do in EB3? 485 is low or may be incorrect but even if we assume 5K it translates into 10 K demand. The EB3 ROW demand is low for 2014
ROW people can work 5 years on H1B and start Greent card in EB2. Why do they want to start in EB3 when the priority dates are 7 years behind.
Also another factor is for people filed for perm in 2013 rejection ratio was 30% to 40% it used to take 9 - 12 months. so probably another reason for low number 1-140 filing in 2014.
EB2 I & EB3 I perm approvals till 2010 vs EB2 India Inventory.
This comparison is trend only, as perm approved in Jan means it might have priority data of at least 4 before that
Comparing EB2 485 Inventory with EB2 perm approvals. looks More than 50% of EB2 I PERM approvals are for porting or employer change.
Month--------EB2I------EB3I------EB2 485 Inevtory
Aug-08------637------212
Sep-08------656------219
Oct-08------487-------162
Nov-08------361------120
Dec-08------65--------22
Jan-09------828-------276------424
Feb-09------539-------180------438
Mar-09----1069-------356------436
Apr-09----2259-------753------428
May-09---1196-------399------1049
Jun-09-----937-------312------1070
Jul-09---------3-------1---------998
Aug-09-----160-------53-------832
Sep-09-----637-------212-----1023
Oct-09----1139-------380-----1147
Nov-09----1028------343-----1009
Dec-09----1230------410-----1186
Jan-10------662------554------1082
Feb-10----1905------635------1094
Mar-10----2762------921------1307
Apr-10----1572------524------1278
May-10----2780------927------7
Jun-10----2030------677
Jul-10-----2426------809
Aug-10----1919------640
Sep-10----1244------415
Oct 2014 to Oct 2015 EB2 I & EB3 I inventory reduced by 10,600.
last year EB3 ROW moved 3 years, Still starting inventory at beginning of the year same as last year. So this year EB3 I should be getting good numbers from EB3 ROW quota, potentially it will move in to 2007.
prospects for EB2 is not good till
-----------ROW demand balances between EB2 & EB3
-----------Porting goes down.
we may see some shift in trend for next year 2017 quota.
again my same concern. why aren't people beyond 2004 seeing RFEs then, what is USCIS waiting for?Quote:
Originally Posted by akshaya8
Usually USCIS takes a step by step approach. May be they want to clear 2004 first. Might wait and see for the remaining available spill over , calculate the demand and move to the next year. AT that point of time they might start sending RFEs from 2005 onward.Quote:
Originally Posted by anuprab
Is USCIS that smart? My wishful thinking may be!
Saw a link to this article on Trackitt. The article can be found here or here
I'm not sure what to make of it. It's an analysis by the author rather than CO's actual words. That is less useful - it's impossible to distinguish which is which. Hopefully Ron Gotcher will publish what he said. Oddly, I cannot find any AILA posting about this, which is strange given that is usually the original source. It's clearly recent, since it references the updated EB3-P numbers from the NVC report. That was only updated on January 8, 2016.
Quote:
Sunday, January 31, 2016
Visa Bulletin Predictions by Charles Oppenheim - January 2016
The following are the most updated predictions regarding the Visa Bulletin by Charles Oppenheim, Visa Chief of the Visa Control and Reporting Division, U.S. Department of State, through AILA's DOS Liaison Committee:
EB-2 India Advanced More than Expected: Charlie predicted in last November that there would be about eight months of advancement in EB-2 India in the coming months. This category actually has advanced more significantly. For example, in February's Visa Bulletin, it moves forward by six months. There are two reasons for this rapid advancement. First, there has been less demand than previously anticipated because of fewer EB-3 to EB-2 upgrades and USCIS efforts to clear EB-2 India backlog cases. Secondly, it is also part of DOS strategy to advance cut off dates aggressively early on during the year to ensure that visa numbers are used up during the fiscal year. According to Charlie, "USCIS have led him to believe that the rate of demand in the coming months will reduce the rate of cut-off date movement."
EB-2 Other Countries Demand is Lower probably as a result of fewer EB-3 upgrades.
EB-2 and EB-3 China Will Continue to Advance: Demand in EB-2 China has been decreasing. Demand decreased in November by about half, when compared to October. Demand for EB-3 China is also low. In an attempt to meet usage target, Charlie will continue to advance EB-3 China. As a result, more downgrades from EB-2 to EB-3 are expected, which could "rebalance" the cut off dates of these categories. Charlie expects such rebalancing to happen over the next few months.
"Dates for Filing" Chart in the April Bulletin will be Revised by Charlie, primarily in the family-based categories. Charlie also predicts that EB-3 Other Countries filing date will advance if demand in that category remains low.
Q & A:
QUESTION: Do the numbers reported on the Waiting List for EB-3 Philippines reflect actual visa demand for this category? It has been suggested by some that as many as 80% of the 28,102 individuals listed in the report will not pursue their visa applications as a result of the visa backlog and lack of priority date movement over the years. If in fact actual demand to date has been less than expected, are you considering adjusting the priority date cut-off for this category?
ANSWER: Number use for EB-3 Philippines is at a fairly reasonable level for this point in the year. We have 5,000+ applicants which have already been reported to VO, and are only awaiting forward movement of the cut-off date. The cut-off date will continue to advance, but how quickly remains to be seen.
The "lag time" does not seem to have resulted in a lack of demand. The reason for the rapid movement of this date in FY 2015 was that we had worked through the eligible demand which was reported for overseas processing, and USCIS demand (approximately 950) was extremely low during the first four months of FY 2015. During the next three months, demand from USCIS exploded (approximately 3,000), perhaps due to a decreasing processing backlog."
The analysis for EB2-I is incorrect, because it is based on the incorrect premise that CO said EB2-I would move a total of 8 months over coming months. In fact, CO said that EB2-I might move up to 8 months per month (this was later revised downwards to 4-6 months per month).
For those that don't recall, it was also published in the December 2015 VB :
Quote:
E. VISA AVAILABILITY IN THE COMING MONTHS
EMPLOYMENT-based categories (potential monthly movement)
Employment Second:
India: Up to eight months.
The above projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through March based on current applicant demand patterns. Readers should never assume that recent trends in cut-off date movements are guaranteed for the future, or that "corrective" action will not be required at some point in an effort to maintain number use within the applicable annual limits. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables.
Here's another article that seems a bit better:
Quote:
Check-In with DOS's Charlie Oppenheim (2016-01-28)
On January 8, 2016, the State Department published its Annual Report of Immigrant Visa Applicants as of November 1, 2015, with the total number of immigrant visa applicants (i.e., principals, spouses, and children) who are subject to the annual numerical limits and whose cases are on file at the National Visa Center. This "Waiting List" does not include individuals whose immigrant visa petitions are pending at USCIS.
In November, Mr. Oppenheim predicted that EB-2 India might advance up to eight months in each of the coming months. In the February 2016 Visa Bulletin, EB-2 India surpassed this earlier prediction, advancing to August 1, 2008. This aggressive forward movement is the result of less demand in the category than that which was previously anticipated and reflects a strategy of advancing dates more aggressively earlier in the year in an effort to ensure that cases can be completed and all visa numbers used within the fiscal year.
The lower demand in recent months may be attributable to fewer EB-3 to EB-2 upgrades than expected, or it may be that the last advancement sufficiently captured the bulk of the demand. Low demand may also be the result of USCIS working through a backlog of EB-2 India cases, which would give the appearance that demand has tapered off. Mr. Oppenheim indicated that recent discussions with USCIS have led him to believe that the rate of demand in the coming months will reduce the rate of cut-off date movement.
EB-2 Worldwide demand is slightly lower than it has recently been which may be the result of fewer EB-3 upgrades.
The EB-2 China Final Action Date will continue to lag behind the EB-3 China Final Action Date in February, though the surge in EB-2 demand seems to be abating. While demand was high for EB-2 China in October, demand decreased in November by about half, and was relatively low in December. Demand for EB-3 China is also on the low side, such that the first quarter usage target for this category was not met. As a result, EB-3 China continues to advance, which may spur an influx of downgrades, which could ultimately rebalance the two categories as in the past two years. Mr. Oppenheim expects this rebalancing to occur at some point over the next few months. In the meantime, both EB-2 and EB-3 China are expected to continue to advance in March.
It is likely that the EB-3 Worldwide filing date will advance if demand in that category remains low.
Thanks @Spec.
What does this translate to for EB3-I. Any movement ? Any?
Hi Spec, I have seen what Ron had posted and it is exactly same the way you have it here. Ron receives this from AILA and it is only handed out to members, AILA does not publish it which means AILA is the only one who has access to CO and ask him questions, we are completely blocked out. AILA also asks their members NOT to post the exact words on their blogs and that's why we see the lawyers' write-ups as THEIR analysis of CO's words and not the actual words. Ron posts the EXACT words in the forum to a certain group of core members and asks them NOT to copy paste but apparently someone always does.Quote:
Originally Posted by Spectator
If we look at CO's words as posted in Ron's forum, he makes no mention of EB3ROW low demand or how it could affect EB3I movement. But the links you posted do say that "Charlie also predicts that EB-3 Other Countries filing date will advance if demand in that category remains low." If Charlie did say that, apparently its not in Ron's text. But that should be good news for EB3I.
EB3Iwaiting,Quote:
Originally Posted by EB3Iwaiting
Thanks for the additional info. Could you post the link to where Ron reported this. I can't find it, probably because the forum has become such a mess.
I think EB3-I will have a good year, although not possibly as good as the most optimistic predictions I have seen. I suspect that if USCIS could pick and choose which application filing dates they could use, they would allow EB3-I filing at the same date as NVC. I hope to see the EB3-I FAD advance into 2006 by the end of the FY.
Unless and until USCIS get a handle on which EB3-I cases are likely to interfile and port when the PD becomes current under EB2, it is extremely difficult to manage EB3-I effectively IMHO. I'm not holding my breath for that level of control from USCIS.
On the EB2 side, CO says "EB-2 Worldwide demand is slightly lower than it has recently been which may be the result of fewer EB-3 upgrades". I'm not convinced that means anything. The demand was expected to subside as the PERM peak worked its way through in FY2015. It would be extremely worrying if it had not reduced. It only appears to have reduced to normal historical levels. At the current run rate, it appears there might be some, but not excessive, FA within EB2 from ROW. I can't comment on M or P. I think CO overstates porting in the WW category.
Looking forward to the link.
Spec
I'm having hard time decoding this can you help us understand...
"Mr. Oppenheim indicated that recent discussions with USCIS have led him to believe that the rate of demand in the coming months will reduce the rate of cut-off date movement."
I read it as the demand will increase and hence movement will slow down. (not that I agree or disagree with it ... !)Quote:
Originally Posted by gcvijay
Lol I think i can't understand what do you mean by Not that I agree or disagree with it !!! Lol may be I'm very dumb to understand simple things...
It's saying that the demand USCIS believe will occur in the coming months will be sufficiently high that the forward rate of COD movement for EB2-I will have to slow.Quote:
Originally Posted by gcvijay
Demand from EB2-I itself, or from categories that supply SO would have the same effect.
Looking at the October USCIS Inventory we see that EB2-I demand per month in 2008 in the months through September averages about 135. For October 2008 through April 2009 that increases to at least 440. From May 2009 onward it is in excess of 1,000 per month.
Put another way, the Feb VB advancement (6 months) covered an additional 728 cases in the Inventory. The Jan VB advancement (8 months) covered an additional 554 cases. The Dec VB advancement (10 months) covered an additional 386 cases from the Inventory. All plus any unreported porting. Once the 7% limit is reached, further advancement relies on SO and later dates have a denser number of cases per month. The same number of available visas is going to move the dates relatively less as the dates advance.
In addition until October 2015 (not shown in Inventory), porters with PDs beyond September 2008 have not been current to complete interfiling since October 2014. Porters with PDs beyond April 2009 have not been current to complete interfiling since April 2012. The upcoming Inventory should hopefully give some clue about numbers up to a PD of July 2009, since USCIS accepted that Filing Date in October/November 2015. I hope that USCIS have processed the pending interfiling requests between then and now.
It means I haven't given it a lot of thought. I only interpreted the sentence in question.Quote:
Originally Posted by gcvijay
Shouldn't they move the filing dates prior to moving final action dates? Any chances of getting new filing date for EB2-I in March VB?
Why is everything so secret? This is not some intellectual property or a top secret stuff. Why can't CO communicate with everybody and not just with lawyers? So much for transparency!Quote:
Originally Posted by EB3Iwaiting
Well - what I am reading in all the quotes is that EB2ROW demand is lower (even if slightly) and EB3ROW demand is lower as well. So *some* spillover will happen. That's good enough for me at this point. The bar is quite low for good news these days.
Interesting summer coming up.
Hi Spec,Quote:
Originally Posted by Spectator
It took me a while to find the text in Ron's forum. With so many members, now there are "layers" of protections and different "categories" of members have access to different information. As you said, the forum has become a mess. Below is the text.
"Check-in with DOS's Charlie Oppenheim: January 19, 2016
Waiting List. On January 8, 2016, the State Department published its Annual Report of Immigrant Visa Applicants as of November 1, 2015, with the total number of immigrant visa applicants (i.e., principals, spouses, and children) who are subject to the annual numerical limits and whose cases are on file at the National Visa Center. This "Waiting List" does not include individuals whose immigrant visa petitions are pending at USCIS. Charlie is not aware of any efforts by USCIS to create and/or publish a similar waiting list at this time.
EB-2 India: In November, Charlie predicted that EB-2 India might advance up to eight months in each of the coming months. In the February 2016 Visa Bulletin, EB-2 India surpassed Charlie's earlier prediction, advancing to August 1, 2008. This aggressive forward movement is the result of less demand in the category than that which was previously anticipated and reflects a strategy of advancing dates more aggressively earlier in the year in an effort to ensure that cases can be completed and all visa numbers used within the fiscal year.
The lower demand in recent months may be attributable to fewer EB-3 to EB-2 upgrades than expected, or it may be that the last advancement sufficiently captured the bulk of the demand. Low demand may also be the result of USCIS working through a backlog of EB-2 India cases, which would give the appearance that demand has tapered off. Charlie indicated that recent discussions with USCIS have led him to believe that the rate of demand in the coming months will reduce the rate of cut-off date movement.
EB-2 Worldwide: EB-2 Worldwide demand is slightly lower than it has recently been which may be the result of fewer EB-3 upgrades.
EB-2 and EB-3 China: The EB-2 China Final Action Date will continue to lag behind the EB-3 China Final Action Date in February, though the surge in EB-2 demand seems to be abating. While demand was high for EB-2 China in October, demand decreased in November by about half, and was relatively low in December. Demand for EB-3 China is also on the low side, such that the first quarter usage target for this category was not met. As a result, EB-3 China continues to advance, which may spur an influx of downgrades, which could ultimately rebalance the two categories as we have seen over the past two years. Charlie expects this rebalancing to occur at some point over the next few months. In the meantime, both EB-2 and EB-3 China are expected to continue to advance in March.
Coming Attractions: No special features or future predictions are expected to be published in the March 2016 Visa Bulletin. Charlie may be revising some of the dates in the "Dates for Filing" chart in the April Bulletin, primarily in the family-based categories. It is likely that the EB-3 Worldwide filing date will advance if demand in that category remains low.
QUESTION FOR CHARLIE: Do the numbers reported on the Waiting List for EB-3 Philippines reflect actual visa demand for this category? It has been suggested by some that as many as 80% of the 28,102 individuals listed in the report will not pursue their visa applications as a result of the visa backlog and lack of priority date movement over the years. If in fact actual demand to date has been less than expected, are you considering adjusting the priority date cut-off for this category?
ANSWER: Number use for EB-3 Philippines is at a fairly reasonable level for this point in the year. We have 5,000+ applicants which have already been reported to VO, and are only awaiting forward movement of the cut-off date. The cut-off date will continue to advance, but how quickly remains to be seen.
The "lag time" does not seem to have resulted in a lack of demand. The reason for the rapid movement of this date in FY 2015 was that we had worked through the eligible demand which was reported for overseas processing, and USCIS demand (approximately 950) was extremely low during the first four months of FY 2015. During the next three months, demand from USCIS exploded (approximately 3,000), perhaps due to a decreasing processing backlog."
EB3Iwaiting,
Thanks so much for the effort in finding this. It's much appreciated.
No problem Spec. I wanted to pick your brain on something, particularly, where you said "Unless and until USCIS get a handle on which EB3-I cases are likely to interfile and port when the PD becomes current under EB2, it is extremely difficult to manage EB3-I effectively IMHO. I'm not holding my breath for that level of control from USCIS."Quote:
Originally Posted by Spectator
Now we only have inventory data up to July 07 for EB3I. That date is already current in EB2I, so whoever ports before that date should be able to file AOS. Doesn't the inventory get reduced at that time? At what point does the inventory "actually reduce" from EB3I and get counted into EB2I? Most from 05/06/07 may have already ported so I am trying to understand your statement about difficulty in managing EB3I effectively. People porting after July 07 PDs have no effect on EB3I inventory. It would be great if you can explain this a bit more.
Finally, the PERM stats, the pending inventory report in Oct (I am hoping the one coming out in Feb will give a clearer picture) and even CO said that EB3ROW demand is low. It is probably a matter of time when he starts applying SO. Being conservative, I am expecting around 10k spillover? Is that too much? Even if EB3I gets 10K SO, add the 3k quota and around 2k porting, and EB3I reduces the inventory by 15k taking us to mid 2006.
Is that being too optimistic?
EB3Iwaiting,Quote:
Originally Posted by EB3Iwaiting
Here's my understanding.
Firstly, I agree that the effect in the EB3-I Inventory has lessened over time, since EB2-I has regularly surpassed the latest July 2007 Inventory date for EB3-I.
Firstly, USCIS cannot complete interfiling of a case from EB3 to EB2 until the EB2 COD for the PD is current. That's explained in the AFM. Until the interfiling is complete, USCIS cannot show the case under EB2 in the Inventory.
Secondly, CO has said in the past that once a case is interfiled, it shows in both the EB2 and EB3 pending demand ( and presumably also the USCIS Inventory). It is only removed from both files when the case is approved.
The current EB2-I Inventory for later years (Nov 2008 onward) is now probably quite understated because many porting cases have an approved I-140 under EB2, but their ported PD has not yet become current under EB2. It's particularly true for cases beyond a COD of 01MAY09. Hopefully, the pent up demand through June 2009 will reflect in the next published USCIS Inventory, since the Filing Date was set at 01JUL09 for a couple of months in Oct/Nov 2015.
The numbers porting from the period up to July 2007 does not appear to be trivial, even though it is reducing. Between the October 2014 and October 2015 Inventories (FY2015) there was a reduction in the EB3-I Inventory of 2.7k from PDs beyond the EB3-I Cut Off Date. The majority of those were probably porting cases.
For demand planning purposes, it would make more sense if the USCIS Inventory reflected cases ready to be interfiled (when current) as EB2 and remove them from the EB3 Inventory. That would give advance warning of the true likely EB2-I demand and also reflect the lower likely EB3-I demand. The DOS pending demand file would remain unchanged, since the visa could not be requested until the case was current under EB2, but USCIS could communicate their anticipated revised demand to DOS for FAD and Filing Date calculations.
Possibly, when it is working properly, this is the intent of the new Filing Date concept, but it appears only to give more accurate demand for EB2-I, without reducing the EB3-I demand.
I feel very sick. EB3 I is not even mentioned in this whole conversation. Looks like, as always, it is a forgotten category. EB3 I is only alive on online forums.
Thanks for taking the time for this detailed explanation Spec. It is true that EB2I demand is probably more than what is reflected as the new porting numbers will only show up when the EB2I Filing Date gets current. We do agree that around 2k with PDs before July 07 continue to port to EB2I and I completely agree with your statement "Between the October 2014 and October 2015 Inventories (FY2015) there was a reduction in the EB3-I Inventory of 2.7k from PDs beyond the EB3-I Cut Off Date. The majority of those were probably porting cases."Quote:
Originally Posted by Spectator
Now coming to demand planning purposes, we have no idea of demand for EB3I after July 07. Since its been almost a decade, many may have already ported but there is no data as to how many are remaining in EB3I in late 07, 08 etc. Like you said, that is probably where the Filing Date concept will come in handy, if USCIS actually chooses to use it. DOS will want to move the Final Action date and USCIS will either tell everyone to use the Final Action Date (and undo Filing Date concept like they are doing now), or actually ask people to file as per Filing Date (by moving it forward 1 year or 2) and get a sense of the EB3I demand post July 07. But that will only happen once the current inventory is close to getting wiped out.
Also, did you purposely choose NOT to comment on my last paragraph about expecting around 15k EB3I inventory to be wiped out by end of this FY?
Unless and until SO starts going to EB3I, it is business as usual and there will be no mention of it. We should take positive from the statement " It is likely that the EB-3 Worldwide filing date will advance if demand in that category remains low." That will have a direct effect on EB3I, but until that happens, it is a forgotten category.Quote:
Originally Posted by amulchandra
this is so effed up! so porting will increase EB2I demand in all stats and inventories but wont reduce demand in other categories from where it originally ported from. So in effect both EB2I and EB3I will be stuck until all the porters get their greencards!!! this is ridiculous...why cant they take the case out from Eb3I once the 140 has been interfiled in EB2 is beyond my understanding. Its as if the whole universe is against EB3I here....sorry for being so dramatic but its about time EB3I dates move !!!!!Quote:
Originally Posted by EB3Iwaiting
I am EB3-I but I see a valid logic for USCIS here. Officially both the applications are pending only the later application getting the earlier PD. If EB3-I becomes current before EB2-I then they would approve EB3-I application instead of EB2-I and that's the whole reason to keep both the applications alive. Though it's not practical for India but it's practical for China. So don't blame them.Quote:
Originally Posted by anuprab
Thanks
Suva2001,Quote:
Originally Posted by Suva2001
You're right of course but there is a twist with USCIS procedures.
Interfiling is a request to change the basis of the I-485 approval from one approved I-140 to another (say EB3 to EB2). The AFM says a written request must be made to do so. Once that has been actioned (when the EB2 PD is current), another written request is needed if the applicant then wishes to change the basis for approval back to the EB3 I-140.
For USCIS, the case can only be approved under one category at a time (the last requested by the applicant). They should not (according to their own procedures) approve the case under a different category just because that becomes current first. So there's no sense in USCIS showing the case in more than one category at any point in time.
Regardless, it shouldn't be rocket science for USCIS to compile figures of potential upcoming category changes due to pending interfiling requests and the number of cases that have I-140 approvals under both EB2 and EB3. They clearly don't have this information, because CO has commented frequently that he has no visibility of porting cases until they are approved.
On the Chinese forums, there are cases where people have downgraded to EB3 then back to EB2 and then back to EB3, chasing and missing a current PD. They have had to inform USCIS of each change.
Folks, how does USCIS determine change of processing center. I was in a state where the processing center should be Texas and now I have moved to a state where the processing center should be Nebraska. I submitted AR-11 and AC-21 during job change, got my EAD renewed. In the latest document I got from USCIS, I read somewhere that the document was still processed by the Texas center.
1) Will USCIS change the center from Texas to Nebraska?
2) Will it affect my greencard chances positively?
3) Can this relocation have any negative impact on my i485?
Spec, this is great insight. Thanks for the info. If an applicant has to provide a letter to tell USCIS which category they want to belong to (EB3 or EB2), that means the applicant actually exists in only one category and not both. Earlier I was under the impression that since both I-140s are valid, in the eyes of USCIS, the applicant exists in both categories and hence, they were double counted. That can only be removed once GC is issued. But clearly that is not the case. The applicant has to tell USCIS that they want to be either in EB2 or EB3, so shouldn't USCIS be able to make adjustments accordingly?Quote:
Originally Posted by Spectator
Just when I think USCIS could not be any more lazy or inefficient, they come back to surprise me.
EB3Iwaiting,
It's my understanding based on the publicly available information. What happens in practice is another matter.
Suva does raise a very valid point though. It would be an administrative nightmare to keep changing records, particularly when you get into the Chinese situation. Perhaps USCIS resource is better spent actually approving cases. Syncing that with the DOS IVAMS system is another matter. Technically, the applicant does (eventually) have a basis under 2 different employment based categories to become an LPR. The DOS pending demand file reflects that situation we are led to believe. I can see both sides of the coin, even if I would prefer to see one scenario over the other.