tonyghiggins

Huge movement forward, I am finally current!! Feb '03.

But am still waiting on I140 to be approved Sept 1th.

http://travel.state.gov/visa/frvi/bu...etin_3953.html

Moved forward 3 years and 2 months, last couple of months only moved forward 2 weeks each month.

dave2702

Just noticed it myself, my Priority Date is Jan 2004 and I was figuring at least 2004, now I'm wondering when they'll suddenly backtrack

tonyghiggins

Your I140 approved? When was it submitted? How long to approve?

dh010447

Been monitoring this - its happened before. Then it went current, then it went unavailable and then regressed back to 2002:


EB2 EB3
Jan-07 C 01-Aug-02
Feb-07 C 01-Aug-02
Mar-07 C 01-Aug-02
Apr-07 C 01-Aug-02
May-07 C 01-Aug-03
Jun-07 C 01-Jun-05
Jul-07 C C
Aug-07 U U
Sep-07 01-Jan-07 01-Aug-02
Oct-07 C 01-Aug-02
Nov-07 C 01-Aug-02
Dec-07 C 01-SEP-02
Jan-08 C 15-Oct-02
Feb-08 C 01-Nov-02
Mar-08 C 01-Jan-05

Folinskyinla

Hi:

You are NOT current -- yet. You will be current in three a little over two weeks.

Folinskyinla

Hi:

What happened with the quick advance followed by unavailability was the result of a pissing match between Department of State Visa Office and CIS. I need not go into the details.

But this points out why I keep asking how do people extrapolate the waiting time from possession of ONLY the current cut-off date.

dh010447

Just out of interest, what was the pissing match between the two of them all about?

Thinking positively, if this keeps up - I might not even NEED to get my L1-B extended before the application becomes current

Folinskyinla

Hi:

It pays to remember that we are operating under the Immigration & Nationality Act of 1952, as amended. Yes, 19-FIFTY-2. Of course, it has been extensively amended since then. IMHO, at one point it might have paid to throw the whole thing out and start with a new organic INA.

Most people, including those in Congress, DHS and a lot of immigration lawyers tend to forget this.

The thing is that the Act contains many provisions based upon conditions that existed in say, 1956, but the world has changed.

Notionally speaking, the preferred way of immigrating is via the immigrant visa process outside of the United States with adjustment being a minor exception. That has changed. However, based upon the original intent, it is the State Department that allocates the visa numbers and is charged with making reasonable projection of future visa use.

Of course, when the majority of cases go through the DOS visa process, this is easy to do. However, when it comes to adjustments, DOS is reliant on receiving information from DHS. However, that information was not forthcoming as to how many cases were pending and what was expected to be approved in the near future. Lacking the information, Visa Office simply declared the EB visa categories to be "current" for the month of July 2007. VO did not anticipate that in the last days of June that DHS would flood them with visa number requests double the number of available visas.

That was the pissing match.

dave2702

It took about 6 months for the I140 to be approved, my company are incredibly slow on the Visa stuff it toook an age for the Cert to come through and then they sat on it forever and it was only July when they were really forced to act

dave2702

Before you get your hopes up too high, don't forget that normally they normally only take a couple of months to move the priority date by a month, all of a sudden they're going to be dealing with two years of applications but at least it'll mean you can get your EAD and Travel Document

dh010447

Thanks for that Folinskyinla - very interesting read...

Folinskyinla

Hi:

So, you will both be in good shape next month.

Dave, I don't know if we discussed this before -- but your naked timeline does not necessarily indicate attorney dilly-dallying. There were a lot of rule changes last summer that would be consistent with the timeline which required a change of stategy. And for the longest time there were long backlogs in the "traditional" labor certificates and the PERM process was not really ready for prime time.

For example -- the PERM regulations on recruiting require placement of a 30-day Job Order with the State Employment. After all the required acts of recruitment are taken, there must be a 30-day "quiet period." Under the clear language of the regulations, if the Job Order was the last thing done, the PERM can be filed 31 days later, right? Wrong, the interpretation was that mere placement of the Job Order was not enough, you had to ALSO wait for 30 days after the 30 day period. In essense a 30 day period was converted to a 60-day period! A lot of people got caught up in that little one.

tonyghiggins

Stupid, Stupid, Stupid. After being in a stupid backlog for LC for close to 4 years, I know see the backlog for a I140 is close if not longer than a year in NSC.

Couldn't organize a piss up in a brewery.

Anyone filed a I140 at NSC around August for EB3 had any luck?

Folinskyinla

Hi:

But at least you can get the I-485 in and get it pending which will put you in a better position.

tonyghiggins

So the AoS will get stamped and approved, use up one visa allocation, but then just not get sent out until I140 is approved?

If so at least this is something.