Immigration News and Updates

musica · Oct 7, 2007

my pd is 2005 1st august?can anyone guess how long will it take to be current my pd? does it really take three more year as i had been told by one of staffs of us embassy in nepal?i'm worried about it. :mad: :madface:

Silverdragon102, BSN · Oct 7, 2007

my pd is 2005 1st august?can anyone guess how long will it take to be current my pd? does it really take three more year as i had been told by one of staffs of us embassy in nepal?i'm worried about it.

currently they are only processing pd of aug 02 so depending on how each month moves will depend on how long it takes, unfortunately can't predict at the moment but you are looking at a few years like the rest of us. until retrogression for nurses are resolved and to be honest due to high demand of visas from certain countries i can't see it happening too soon.

oh and welcome to the site

mpoova · Oct 8, 2007

my pd is 2005 1st august?can anyone guess how long will it take to be current my pd? does it really take three more year as i had been told by one of staffs of us embassy in nepal?i'm worried about it.

it may not take such long. something must jerk out before that!

but it is just my guess...

lawrence01 · Oct 9, 2007

my pd is 2005 1st august?can anyone guess how long will it take to be current my pd? does it really take three more year as i had been told by one of staffs of us embassy in nepal?i'm worried about it.

hard to predict if you want a "current" designation. however, if you check the nov. visa bulletin they are already predicting that there might be some forward movements on the eb categories on december and since you are not from phils., india, china and mexico where there is relatively higher demand compared to the rest of the world then there is a good chance that the cut-off date for the "others" will move forward. it may not change to "current" but it may move forward enough that the cut-off date that will be indicated will be within your pd. a cut-off date on the "other changeability areas" category of sept. 2005 will actually be enough for your case to move forward since your pd is aug. 2005.

we just have to wait what happens on the dec. visa bulletin. there are visas earmarked for each country under eb3 every fiscal year (oct. of every year) and they haven't started distributing it for eb3 since they are still finalizing the data on the adj. of status demand that happened in july and aug. they still don't know the exact visa demand for each country because there were just too many adj. of status applicants from those months.

when everything clears up, some countries may move forward (for relatively lower demand) while others will remain on the same cut-off date as from the oct. and nov. vb and there might also be a possibility that 1 or 2 countries may retrogress even further if the visa demand from their country is very high.

tantaritas · Oct 17, 2007

still no updates:o

Silverdragon102, BSN · Oct 17, 2007

still no updates:o

next bulletin won't be out until approx 15th Nov, I can't see anything happening for a few months

jakey · Oct 18, 2007

Hard to predict if you want a "Current" designation. However, if you check the Nov. Visa Bulletin they are already predicting that there might be some forward movements on the EB categories on December and since you are not from Phils., India, China and Mexico where there is relatively higher demand compared to the rest of the world then there is a good chance that the cut-off date for the "Others" will move forward. It may not change to "Current" but it may move forward enough that the cut-off date that will be indicated will be within your PD. A cut-off date on the "Other Changeability Areas" Category of Sept. 2005 will actually be enough for your case to move forward since your PD is Aug. 2005.
We just have to wait what happens on the Dec. Visa Bulletin. There are visas earmarked for each country under EB3 every fiscal year (Oct. of every year) and they haven't started distributing it for EB3 since they are still finalizing the data on the Adj. of Status demand that happened in July and Aug. They still don't know the exact visa demand for each country because there were just too many Adj. of Status applicants from those months.
When everything clears up, some countries may move forward (for relatively lower demand) while others will remain on the same cut-off date as from the Oct. and Nov. VB and there might also be a possibility that 1 or 2 countries may retrogress even further if the visa demand from their country is very high.

if only USCIS can clarify how the visas will be distributed. Will it be issued to those who used the AOS route or will they give some to those who went through the CP processing?:uhoh21:

agp_ph · Oct 18, 2007

if only USCIS can clarify how the visas will be distributed. Will it be issued to those who used the AOS route or will they give some to those who went through the CP processing?:uhoh21:

I agree with you jakey, they should clarify on how they distribute the visas between CP and AOS as we have been seeing green cards released via the AOS route lat July and August for those with PD of 2006 while those with PD of 2005 and were already scheduled for August interview at the embassy suddenly were informed that their interviews were cancelled. Doesn't make sense, how could they cancell interviews for PD of 2005 saying there were no more visas but still were able to release green cards for PD of 2006 during August. Really doesn't make sense. Seems like they are giving more slots to the AOS route and not through the PD.

lawrence01 · Oct 18, 2007

if only USCIS can clarify how the visas will be distributed. Will it be issued to those who used the AOS route or will they give some to those who went through the CP processing?:uhoh21:

They will be giving it to those w/ older Priority Dates, regardless of the applicant was on AOS or CP. This is, of course, presuming that everything is equal. Equal meaning both applications are complete.

There is a wrong notion that applicants going through CP are very slow but in reality, there are many factors coming in. Factors such as the agency or lawyer not submitting all neccessary documents on time and not paying the bills on time as well. These greatly slows things on CP because the CP process is a step-by-step process while the AOS process is inherently "faster" because you can apply on all 3 petitions, namely, the I-140 petition, the I-485 (AOS) and the EAD and AP all at the same time. Whereas in CP, it is done step-by-step; so any delays in one step means a total delay in the whole process.

In CP, most often times, the delays are caused by the agency and/or lawyer as explained above.

If everything is equal, the one with the older Priority Date will be the first to be given the visa numbers.

The Service Center on w/c the cases are being processed also plays a significant role. Mind you some people who applied for AOS in the middle to late 2006 and w/c their cases are handled by Nebrska SC only had their I-140s adjudicated last July, Aug. and Sept. Whie I personally know people who filed their I-140 for CP in Oct 2006 but have their I-140 petition approved by Jan 10, 2007.

So, there are many factors that affect it. But again, if everything is taken equal, the one with the older Prioriity Date gets the visa number first (green card).

The only advantage for AOS is that they get an EAD w/c permits them work temporarily while their AOS is pending. So, this makes it seem "fast". This is by no means the actual green card but some treat it as if it is (hope you get what I mean by this).

lawrence01 · Oct 18, 2007

I agree with you jakey, they should clarify on how they distribute the visas between CP and AOS as we have been seeing green cards released via the AOS route lat July and August for those with PD of 2006 while those with PD of 2005 and were already scheduled for August interview at the embassy suddenly were informed that their interviews were cancelled. Doesn't make sense, how could they cancell interviews for PD of 2005 saying there were no more visas but still were able to release green cards for PD of 2006 during August. Really doesn't make sense. Seems like they are giving more slots to the AOS route and not through the PD.

This is something of a blur to many as well. Hope, they do make a proper explanation for this.

agp_ph · Oct 18, 2007

They will be giving it to those w/ older Priority Dates, regardless of the applicant was on AOS or CP. This is, of course, presuming that everything is equal. Equal meaning both applications are complete.
There is a wrong notion that applicants going through CP are very slow but in reality, there are many factors coming in. Factors such as the agency or lawyer not submitting all neccessary documents on time and not paying the bills on time as well. These greatly slows things on CP because the CP process is a step-by-step process while the AOS process is inherently "faster" because you can apply on all 3 petitions, namely, the I-140 petition, the I-485 (AOS) and the EAD and AP all at the same time. Whereas in CP, it is done step-by-step; so any delays in one step means a total delay in the whole process.
In CP, most often times, the delays are caused by the agency and/or lawyer as explained above.
If everything is equal, the one with the older Priority Date will be the first to be given the visa numbers.
The Service Center on w/c the cases are being processed also plays a significant role. Mind you some people who applied for AOS in the middle to late 2006 and w/c their cases are handled by Nebrska SC only had their I-140s adjudicated last July, Aug. and Sept. Whie I personally know people who filed their I-140 for CP in Oct 2006 but have their I-140 petition approved by Jan 10, 2007.
So, there are many factors that affect it. But again, if everything is taken equal, the one with the older Prioriity Date gets the visa number first (green card).
The only advantage for AOS is that they get an EAD w/c permits them work temporarily while their AOS is pending. So, this makes it seem "fast". This is by no means the actual green card but some treat it as if it is (hope you get what I mean by this).

Hi lawrence, what about the cases that were scheduled for interview last August who were informed that their interview was cancelled due to no moe visas and then we found out that some people with PD of 2006 going through the AOS received their green cards last August, how do you explin this. If based on being equal, both are complete but still the one with the older PD going through the CP was ran out of visa number while the one with newer PD going through the AOS obviously was reserved a visa number...where is the equality there?

lawrence01 · Oct 18, 2007

Hi lawrence, what about the cases that were scheduled for interview last August who were informed that their interview was cancelled due to no moe visas and then we found out that some people with PD of 2006 going through the AOS received their green cards last August, how do you explin this. If based on being equal, both are complete but still the one with the older PD going through the CP was ran out of visa number while the one with newer PD going through the AOS obviously was reserved a visa number...where is the equality there?

In those cases, I would have to agree with you. It really does seem unfair and just like I said on my post above, they need to have a proper explanation for those.