If Retrogession does happen on Monday scenerio for EB2 India

[factoryman]

Why did they wait till Jul 2?

They will release the Aug VB tomorrow. In which they will retrogress most or all categories to 'U'.

They will enforce the 'DMV office rule'. All who have filed on the basis of Jul VB, will be receipted, may be finger printed but AOS adjudicated and GCs issued as dates become current.

Good night and good luck to all, particularly to those '599 (174 members and 425 guests)'

[werc]

If that were the case, they can probably do the same thing on the 15th , when they generally release the next months bulletin.

Originally Posted by factoryman

Why did they wait till Jul 2?

They will release the Aug VB tomorrow. In which they will retrogress most or all categories to 'U'.

They will enforce the 'DMV office rule'. All who have filed on the basis of Jul VB, will be receipted, may be finger printed but AOS adjudicated and GCs issued as dates become current.

Good night and good luck to all, particularly to those '599 (174 members and 425 guests)'

[factoryman]

They will do it on third.

You may have my reading of this another thread. For your benefit, I repeat.


That should explain everything, going on for the past 2 days.

I mean, sincerely, 'USCIS may say: our effort is to use visa numbers judiciously for FY '07. We wanted everyone who are meligible AOS and submit; remember we don't know how many of the applications / cases will be filed'.

'Now that we have received and counted, we will are retrogressing.'

This will come alogn with Aug VB NOT tomorrow, but Jul 3rd. Jul 4th they are gone.

Originally Posted by werc

If that were the case, they can probably do the same thing on the 15th , when they generally release the next months bulletin.

[whatamidoinghere]

Originally Posted by gc_chahiye

unused EB2 ROW numbers DONT go into EB2-India. They go to EB3-ROW. ONLY when EB3-ROW becomes current will the unused numbers from there roll over into India. Apparently regulations are a bit broad on how to do this rollover across country limits and thats what USCIS chooses to do. That sucks for EB2-India folks...

Based on until atleast the May Visa Bulletin (the last sane bulletin) it is going to take some time for EB3-ROW to become current (& by extension EB2-India to get those overflow numbers). Demand is simply too much.

This is totally correct. If you look at visa statistics for 2006, EB2 India only got about 3k visas. Compare it with 2005 when EB2 India got about 20k.

They changed their operating logic and started allocating unused EB2 ROW to EB3 ROW in 2006. I think they mentioned last year that AC21 stopped applying and all countries are limited to 7%.

[chanduv23]

Originally Posted by whatamidoinghere

This is totally correct. If you look at visa statistics for 2006, EB2 India only got about 3k visas. Compare it with 2005 when EB2 India got about 20k.

They changed their operating logic and started allocating unused EB2 ROW to EB3 ROW in 2006. I think they mentioned last year that AC21 stopped applying and all countries are limited to 7%.

This was explained in what is called the trickling effect. The unused visas fall down vertically instead of spreading out horizontally over EB categories. This is called hard limit on countries. ie they are giving priority to diversity over skill and category. Soft limit means that the visas are distributed horizontally among EB categories - this means they give equal importance to category and diversity (the way it should be). But it is their country and their choice. We have been too passive and soft for a while and thats why we are into this situation

[gc_lover]

Originally Posted by gc_chahiye

If its does not go U, EB2 India should not go behind Jan 2003 as it had been sitting there for a while. Should not cross 2004 also, as the whole of 2003 has been current for just a month. So if its not U I would guess end of 2003.
Again, with USCIS who knows what will happen!!

You are right. However, today there will be loads of application and to move dates back to 2004/2003 means they have to go through all the application and determine their PD and send those applications back whose PD is not current. That's a lot of work and we know how USCIS is when it comes to "working". Simple solution for them is make everything U and send all the applications back.

[gimme Green!!]

Originally Posted by gc_chahiye

If its does not go U, EB2 India should not go behind Jan 2003 as it had been sitting there for a while. Should not cross 2004 also, as the whole of 2003 has been current for just a month. So if its not U I would guess end of 2003.
Again, with USCIS who knows what will happen!!

EB2 India had a PD of April 04, becoming current last month.

[Legal]

Originally Posted by chanduv23

This is called hard limit on countries. ie they are giving priority to diversity over skill and category.

No justice! This is incredible....and notice how noone else is bothered since it serves them well....amazing.

[ilikekilo]

may be a dumb question but can we apply for EAD even after the dates are retrogressed, assuming that u filed ur 485 application for u and ur spouse and your h1b's are valid until 2009? please advise

[gc_lover]

Originally Posted by ilikekilo

may be a dumb question but can we apply for EAD even after the dates are retrogressed, assuming that u filed ur 485 application for u and ur spouse and your h1b's are valid until 2009? please advise

If your 485 is applied, then I think you can.

[a_yaja]

Originally Posted by whatamidoinghere

This is totally correct. If you look at visa statistics for 2006, EB2 India only got about 3k visas. Compare it with 2005 when EB2 India got about 20k.

They changed their operating logic and started allocating unused EB2 ROW to EB3 ROW in 2006. I think they mentioned last year that AC21 stopped applying and all countries are limited to 7%.

The reason that unused EB2 ROW go to EB3 ROW and not to EB2 India/ China is because of the law (has nothing to do with AC21). As per the law:

EB1 - 28% of 144K (7% hard cap)
EB2 - 28% of 144K (7% hard cap) + unused numbers from EB1
EB3 - 28% of 144K (7% hard cap) + unused numbers from EB1 and EB2

AC21 kicks-in only if enough visa numbers are available and there is no one to give those visas. This would be the case only when ROW is current in all EB categories. Hence, visa from the ROW category will flow to India/ China only after EB3 ROW is current.

[file485]

guys...!! can someone pls answer my query..

okay..preparing for the worst and hoping for the best..if the VB retrogresses badly or becomes U..

what will be the movement in Sept bulletin..with the new 2008 Oct quota kicking in...by then June filers should clear up all the checks and be ready for approvals..if any leftover..then the PDs move forward..?? is that so..?

[gc_lover]

Originally Posted by file485

guys...!! can someone pls answer my query..

okay..preparing for the worst and hoping for the best..if the VB retrogresses badly or becomes U..

what will be the movement in Sept bulletin..with the new 2008 Oct quota kicking in...by then June filers should clear up all the checks and be ready for approvals..if any leftover..then the PDs move forward..?? is that so..?

Nobody can answer questions like this my friend. We don't know what is going to happen in next few hours and you are already talking about Sept.
If you have filed for 485 in June then consider yourself lucky. Do not think about approval right away.

[file485]

Originally Posted by gc_lover

Nobody can answer questions like this my friend. We don't know what is going to happen in next few hours and you are already talking about Sept.
If you have filed for 485 in June then consider yourself lucky. Do not think about approval right away.

no..I haven't filed in June..

from what I understand, if USCIS runs out issuing 485's or thinks they have enuf approvable 485's on their desk by Sept and conveys the same th DOS, then the bulletin becomes/remains 'U'

jeez..what kind of a stress all of us are in..

[yabadaba]

repost from way beforre

on querying the 2006 data it looks like 7290 perm apps were approved prior to priority date 1/1/2006 from India. The priority dates however range from 1st day of perm 03/28/2005-12/31/2005

further query-cases approved india prior to 01/01/2006

Priority date (month grouping):
March 05 -1
April 05 -13
May 05 -72
June 05 -324
July 05 -351
Aug 05 -833
Sept 05 -1172
Oct 05 -1212
Nov 05 -1541
Dec05 -1771