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doknek
04-06-2010, 09:09 AM
I'm a newbie to priority dates and vb's. My question might be too stupid for some, but please help me clear up this very basic thing:

The VB fiasco that happened in 2007 Summer made priority dates current for EB2/3 India/China/Others. This would mostly mean that people with approved Labor would have been able to get on board. Labor approval at that time because of PERM was real fast and hence let me assume that most people with Priority Dates less than Mar 2007 w/ LC were able to get on board and apply for I-485 or I-140+485 concurrently.

Should this not mean that priority dates in future (after Jul 2007) would have been upwards of Jul 2007? Am I missing something?
Priority date of 2005 (EB2) right now would translate to nobody applying for I-485 as most of them already jumped board in Jul 2007?

Thanks

rb_248
04-06-2010, 09:57 AM
Should this not mean that priority dates in future (after Jul 2007) would have been upwards of Jul 2007? Am I missing something?
Priority date of 2005 (EB2) right now would translate to nobody applying for I-485 as most of them already jumped board in Jul 2007?

Thanks

No. It is a question of supply and demand. USCIS can issue only a certain number of visas every year. If they think they have a huge supply they will advance the dates and if the think their supply is less, then they will pull the dates back. Also, most importantly, if dates are advanced, it does not mean that all the applicants with PDs prior to that date will be processed. Again, when supply is exhausted, they will stop processing and even if your PD is current, you will have to wait.

Hope this explains it.

va_dude
04-06-2010, 11:16 AM
doknek.

there were thousands of folks who's PDs were prior to Jul 2007, but their labors were non-perm and hence stuck in the backlog elimination centers.

So unfortunately those guys didnt get to apply for their 485 during the fiasco.

doknek
04-06-2010, 11:56 AM
rb_248:

Does that mean Jul 2007 applications are still being processed and only some of them have successfully got GC's? If yes, then is it FIFO? I've seen some people who came to US in 2006 and then got in on the fiasco and then got their GC's in some time.

va_dude:

This makes sense. People with non-perm are the people mostly getting cleared with current PD of 2005 (Eb2). Because poeple with PERM approved around/after summer of 2007 will get their hands-on the once ROW gets cleared.

rb_248
04-06-2010, 12:30 PM
rb_248:

Does that mean Jul 2007 applications are still being processed and only some of them have successfully got GC's? If yes, then is it FIFO? I've seen some people who came to US in 2006 and then got in on the fiasco and then got their GC's in some time.


Answer is Yes.

From the trend it is not FIFO. Every application is a different case. Some are straight forward and some will need multiple RFEs. And every officer judge the cases differently. Some are strict and some are not. So, FIFO is not be possible. So, lucky people with 2006 PD have GCs.