Aftermath of retrogression. What to expect?

[himdale]

To everybody,

Since the BEST NEWS thread has been closed. I will be starting a new one. Topics that will be posted here would be experiences related after retrogression. What really happened to those applications that were pending before retrogression? Did the NVC completely cleared pending cases?

Based on my experience and from what i have read from other posts... I completely agree with Suzanne that NVC did not SPEEED THINGS UP and NVC did not cleared the backlog for Schedule A completely. In other words their processing is the same as even there is no retrogression for EB3. Although the good thing is that nurses were able to get interview appointments and visas.

The most anticipated date would be September 15, 2005. This will be the date (on or before) that the October VISA BULLETIN will be released. According to the Immigration and Nationality Act...October 1 marks the first quarter of the U.S. Fiscal Year 2006. It is stated on their law that new visa numbers will be released during this month.

EB3 applicants that were affected by retrogression particularly TECH workers are anxiously waiting and praying that visa numbers CUT OFF DATES will move. They are hoping that the EB3 category will change to U (unavailable) to a new cut-off date.

WHAT IS THE IMAPACT OF THIS TO SCHEDULE A???

Many are curious what is the impact of the new numbers to Schedule A/ EX Category that will be released this October. If logical analysis would be done, effect would slow down the processing of Schedule A workers because NVC resources would be allocated to other EB3 applicants.

The same logical analysis was done when the EB3 was shut down last June 2005, but it did not SPEED THINGS UP with NVC for the processing of Schedule A.

So i will agree with Suzanne that there will be no effect. Cases will be processed according to priority date or Cut Off Dates and it would still be slow.

THE GOOD NEWS FOR SCHEDULE A...

According to the law, Schedule A workers can EAT UP THE VISAS from the normal pool of visas that will be available as long as their cut-off dates are included in the EB3 visa bulletin. It means that instead of the 50k visas will be depleted, they will be depleting first the allocated visas for the first quarter of the U.S. Fiscal year 2006. More visas for Schedule A this October.

Please post questions, comments, experiences here!

still_DALE

[popy05]

[thanks for clearing my doubt sorry for trouble to you

[himdale]

OCTOBER VISA BULLETIN POSTED...MORE RETROGRESSION TO COME!

http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2631.html

The October Visa Bulletin was released by the DOS. EB3 Cut off Dates rolled back to 2001 for Mexico and Philippines, 2000 for China and 1998 for India...

THIS IS BAD NEWS...Once the 50,000 visas were exhausted for Schedule A, they would eat up from the normal EB3 visa pool which means that it would backlog to 4 years to 7 years especially in countries with high visa demand.

WHAT ARE THE OPTIONS FOR NURSES/ PT's???

They have to file their I-140 application ASAP to preserve priority dates. Service center processing for Conular Processing are much faster than Adjustment of Status.

Do not use TOURIST VISAS and then go for adjustment of status in the future. If ever you were out of status even for a single day...you will be banned for 10 years in the U.S.

There are no shortcuts in fulfilling the American Dream. Do it the safe and legal way.

Complicated matters should be consulted to an immigration attorney...but as i have said the 50k promo is GOOD UNTIL SUPPLY LASTS...

THE BIG QUESTION IS WHEN? With all the countries competing for these Schedule A visas it would not take long before these 50k are exhausted...

DALE

[suzanne4, RN]

Sorry, but this is what I have been saying. It is imperative for any of you wishing to come over in the near future to get your processing started immediately.

[popy05]

The thing we do not like has happened my papers were filed in uscis vermount on july 25 i received my receipt no but the file which is uhderway is of 27 mar someone told me that in uscis it takes max 3 mth but see how it is working so much of delay and then this news can i check how many visas are left from pool of 50k so that i can plan my further future as i have already kept so much in stake for it if i see there is bleak chance than i will try for other countries please guide thanks in advance

[sarahluo]

my documents also were filed lately, however, in vermont center, the process is rather slow and stay put lately ,it seems will take at least six month for 1-140 approval in vermont.

waiting and waiting is really a toturous thing, you never expect what will happen in the future, when i got everything in hand, i found the retrogression came, so i waited. when i heard retrogression was lifted on May, i got excited and thought there still had hope, so i got thing started, then another retrogression seems will come, should i laugh or cry? i have no feeling this time. :stone

[suzanne4, RN]

The thing we do not like has happened my papers were filed in uscis vermount on july 25 i received my receipt no but the file which is uhderway is of 27 mar someone told me that in uscis it takes max 3 mth but see how it is working so much of delay and then this news can i check how many visas are left from pool of 50k so that i can plan my further future as i have already kept so much in stake for it if i see there is bleak chance than i will try for other countries please guide thanks in advance

There was a retrogression in place when your documents were filed in March so nothing was going to be done with them at all, other than giving you the receipt until the processing began again. So I would figure on the July date, not the March date as nothing was done during that time.

Can I please ask that you use punctuation when you post here....it makes it very difficult to read for the other foreign nurses that are here, as well as me.

[suzanne4, RN]

Check the newest numbers for Vermont, they are not six months out.

All you can do is wait at this point, but the timeframe right now is much shorter than if you applied just one year ago. You can look at it that way.

[nimishavarghese]

Folks,

I have a problem with the documentation-My Birth Certificate. And I don't know whether it is the right thread to ask my doubts...

Please help me...

Due to some problem my birth was not registered in the village I was born. My agency said all I have to do is get a NON AVAILABILTY certificate instead of Birth certificate. And I have got it months back. Is there any validity period for the non availability certificate? Somebody told me that using the non availability certificate I have to file a case in court and get a new birth certificate.

The next problem is there is a name difference in my husband's birth certificate and all the other documents like passport, degree certificate etc. His BC has 1 name and all the other documents are having another name. But we have an affidavit and letters from government department saying that both the name belongs to the same person.

Would this be a problem in Consulate here in Chennai? I am from India..

Awaiting for valuable comments.

Thanks and Regards

Nimisha

[Jyoth]

Folks,

I have a problem with the documentation-My Birth Certificate. And I don't know whether it is the right thread to ask my doubts...

Please help me...

Due to some problem my birth was not registered in the village I was born. My agency said all I have to do is get a NON AVAILABILTY certificate instead of Birth certificate. And I have got it months back. Is there any validity period for the non availability certificate? Somebody told me that using the non availability certificate I have to file a case in court and get a new birth certificate.

The next problem is there is a name difference in my husband's birth certificate and all the other documents like passport, degree certificate etc. His BC has 1 name and all the other documents are having another name. But we have an affidavit and letters from government department saying that both the name belongs to the same person.

Would this be a problem in Consulate here in Chennai? I am from India..

Awaiting for valuable comments.

Thanks and Regards

Nimisha

Nimisha,

I can answer the first part of your question.

There is no need to go to the court. If BC is not available, you should produce a non availability certificate and secondary documents like Baptism certificate or affadavit from your parents. You can check this information at Chennai Consulate website: http://chennai.usconsulate.gov/documentation.html#no_bc

[nimishavarghese]

Jyoth...

Thanks a lot for the reply.. Did u face the same problem??? or do u know anybody who has faced this problem and overcome this...

Anyway it was very informatry...

thanks again

Nimisha

[jonRNMD]

Gulp!!! any ballpark estimate as to how long the recaptured 50,000 additional visas would last? till june next year? till end 2006?

[Rep]

Gulp!!! any ballpark estimate as to how long the recaptured 50,000 additional visas would last? till june next year? till end 2006?

No idea or time table on this. Remember, the 50,000 visas is for Schedule A workers where nurses and pts belong. But Schedule A has 2 sub- categories, Group I : nurses and pts, Group II : people with extra ordinary talent like managers of big corporations.

Anyway, in my opinion, majority of the schedule A applicants are nurses so as long the visas meet the demand then there are still visas for everyone.