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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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My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link Similar table can be found in Ombudsman report - link Look at Page 34 ( 52 / 145 ) The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data. The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories. It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker. Last edited by mpadapa; 02-12-2009 at 09:44 AM. |
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DOS and USCIS are making sure no visas are being wasted in any category whether it is FB or EB category. In this situation we cannot expect any FB visa wastage and spillover of those FB wasted visa in EB category anymore. Without the FB spillover there will not be any forward movement in EB2 during the august-september visa bulletin. Mpadapa analysis seems to be correct and is also backed by facts and numbers. With only 140k visas for EB and without any FB spillover we might actually see dates moving back and staying stagnant for EB2 india. Remember Eb2 india has never managed to move beyond April 1 2004 without the FB spillover in the last quarter.This is a terrible shock to everybody in EB2 India, I have been saying this all along that EB2 will be stagnant or move backward (because of eb3 line cutters).
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mpadapa,
You are right that spill over of 23020 visas from family based category contributed to movements in EB2 categories, however that was not the only spill over that happened. There were 12144 unused visas in EB-4 and EB-5 category which also spilled over. You could argue that those visas spill over to EB-1, however EB-1 had usage of 36591 visas last year compared to maximum allocation of 40040 visas which meeans that EB-1 also had 3449 unused visas. This means that there was a spill over of 15593 visas just from EB-4,EB-5 and EB-1 category. So there will definately be some spill over this year if you assume same usage level as last year. How much? I am not sure yet. I have my analysis in an excel file, i tried to upload it here as zip file, but it seems to be failing.
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Priority Date: Dec. 2005 (India - EB2) I-140 Approval Date: Sep. 2006 I-485 Receipt Date: July 2, 2007 |
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Guys - I asked my lawyer about the predicted time frame of my case which is EB3 ROW priority date of October 2005. I asked specifically if my case would be approved in a matter of months or years. They said that my case would most likely take years!
I don't really understand how the process works - how could it be years when my priority date is only 4 months away. Does anyone have any explanation why this would be the case. This lawyer has been great for me and I trust what they say but I am not sure about the prediction - if anyone could shed any light on this I would be so grateful. |
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Not related to this thread but I did not want to open a new thread for this question..
As you can see I am EB2-I (info above) and am waiting in line for my turn but I am just wondering if L1 route to GC is quicker? If so then how? Not that I am trying to do it because I can not but I know someone who just got his GC via L1 in matter of months and here we all EB guys are waiting..Thanks.
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Disclaimer: I am not an attorney or immigration guru in anyway or form. Contributions: Small contributions and participated in San Jose, CA rally. Contributed to 2009 campaign. Reference: Have introduced few friends to IV. |
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