Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > IV Agenda and Legislative Updates
Click to log in with Facebook
IV Agenda and Legislative Updates Immigration Voice's Agenda and Legislative Updates

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 12-30-2005, 12:24 PM
Member
Priority Date
:
Oct-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Dec 2005
Posts: 86
Sandeep is on a distinguished road
Default Retrogression FAQ

What is retrogression and how am I affected?
To understand this, we need to take a look at the application process. While applying for a Green Card you go though the following process
1. Labor Certification - The U.S. employer completes a labor certification request (Form ETA 750) for the applicant, and submits it to the Department of Labor's Employment and Training Administration.Labor must either grant or deny the certification request.
2. I-140 - USCIS approves an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States.
3. I-485 or Consular Processing - The State Department gives the applicant an immigrant visa number. If the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available.If the applicant is outside the United States when an immigrant visa number becomes available, he or she must attend an interview at their home consulate - a process known as Consular Processing.
So to complete your permanent residenscy, you must have a immigrant visa number.
What is a Visa Number?
U.S. law limits the number of immigrant visa numbers that are available every year. This means that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number. In addition, U.S. law also limits the number of immigrant visas available by country. This means you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas.
Who is eligible currently?
In the USCIS Immigrant visa petition application process, the priority date is the date the petition was filed. If the alien relative has a priority date on or before the date listed in the visa bulletin, then he or she is currently eligible for a visa. You can see at http://www.travel.state.gov/visa/frv...etin_1360.html what the "current" dates are. For example the January'06 gives a priority date of 01JUN99 for 3rd category in the Employment-Based category. What this means is that you (assuming you are from India) can get your EB3 Green Card only if you filed before 1st of June in 1999. If not, you are in the same stage that most of us are in.
Till 2004 December, everyone was getting green cards as soon as they filed their 485- so why this delay now?
The answer lies in the Visa bulletin http://www.travel.state.gov/visa/frv...etin_2007.html
1. A very heavy applicant demand in the Employment categories as the Citizenship and Immigration Service has begun to address their backlog of cases. Thus this is a result of all the pending cases as a result of past delayscoming out suddenly due to USCIS backlog reduction efforts
2. The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a “pool” of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. http://www.travel.state.gov/visa/frv...etin_2712.html states that "The lower annual Employment limit is a result of the virtual elimination of the “pool” of recaptured AC21 numbers, returning us to the pre-July 2001 situation."
So now that the pool is exhausted, what can be done?
The USCIS ombudsman states in http://www.dhs.gov/interweb/assetlib...eport_2005.pdf Page 22, "Between FY 2001 and FY 2004,over 141,000 employment-based immigrant visa numbers were unused. This number effectively represents an entire year ’s supply of employment-based visas." Remember that these are not "new" visas - rather these are the visas that were unutilized in the previous years due to administrative delays. But this requires legislative action
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 12-30-2005, 12:53 PM
Member
Priority Date
:
Oct-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Dec 2005
Posts: 86
Sandeep is on a distinguished road
Default

What is wrong with retrogression?
Before you start planning about meeting taking action, think about this. Is there any logic behind asking for help?

Questions that we would be asked
-Is there anything wrong with retrogression?
-Are the USCIS backlog reduction efforts that have led to this retrogression harmful for us?
-Can we totally end retrogression? If you have applied last week, can you get a Green Card?
The short answer to all this is ACTUALLY A NO

The L O N G Answer
-It is just fair that the first come be first served. If there are cases pending from '99, they should get priority or preference.
-The USCIS cannot be blamed for streamlining their processes and getting their act together. It is what they were supposed to do right from the beginning.
-No - if the demand far exceeds the supply. They cannot let in everyone of us - definitely not the guy who has applied for PERM last week if there are thousands of guys before him.

So WHY ARE WE PROTESTING?!
-Firstly, it is NOT OUR FAULT that there are cases pending from '98. It is USCIS's delays - a fact well known by administrators and lawmakers. This is what is wrong - you are punishing one for another's fault.
-The USCIS had delays - it also DID NOT USE UP ALL THE AVAILABLE VISAS. These Visas are sitting there from 2001 to 2005 waiting for congressional approval. The visas before this have been used up due to Congressional Action (American Competitiveness Act) This is what we are asking - approve those visas. The recapturable number in early 2005 was approximately 110k visas
-There is a great scope for fraud with Labor Certifications being SOLD AND BARTERED. This gives unfair advantage to some guys and gives scope for fraud- this is what we are protesting against.
-What made lawmakers say that there should be a per country limit for employment visas? (Currently at 7%) The main reason was monopolization by certain ethnic communities. It is reasonable to impose this but American Competitiveness (AC21) overrides this during recapture. We ask why we and our employers should be punished for us being born in certain countries. Hence we ask for increase in the limits of these to at least 10% as proposed by the McCain Bill
-What is the number of applications pending and what is the number of applicants before '99? Before 2000? No one knows as this is a closely held secret. The movement in jumps and almost nothings makes one suspicious as to what is going on.
-The random adjudication last year approved cases submitted just a year back. In 2004 guys were getting visas if they had applied even in 2003. This depleted the available visa number pool. If those mistakes ate up the visa numbers whose fault is it?
-When Immigration laws stipulate that each quarter has to have certain number of visas, how did it become "unavailable" in the last quarter of 2005? Maybe because USCIS estimate in the previous quarter was wrong?
-There are 140k visas available -same as there has been all this while. So why are we complaining now? The reason is that most of our applications have determined that there are employers willing to take us. They have also established that the skill set is not available in the U.S. So what are the employers supposed to do now? The INA was made some time back - the need for skilled professionals has changed. Bear in mind that these visas bring "competent" people who are already hitting the ground running by paying taxes. So the need is there, the opportunity is there - so what is the problem? There should be an increase in this quota for the U.S. to progress. Again almost all the pending bills are also pointing that the current immigration laws are out of tune with reality.
-The Congress passed a legislation giving 50k special numbers to nurses and physical therapists which they can recapture from the unused employment visa numbers between 2001 and 2004. The problem is that the State Department uses regular visa EB-3 quota numbers before they deplete the recapture numbers for the nurses and physical therapists.

These are some of the issues. Please feel free to highlight the others.

Last edited by admin; 12-30-2005 at 06:50 PM.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 12-30-2005, 01:56 PM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2005
Posts: 17
SunJoshi is on a distinguished road
Default

Excellent synopsis Sandeep!!
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 12-31-2005, 02:58 AM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2005
Posts: 1
PB904207 is on a distinguished road
Unhappy S.1932

We all seem to agree that the first 2 provisions were defeated. However, what happened to the 3rd. which recommended that one could apply for I-485 even while the retrogression was in effect ( after approbal of I-140)

Has the 3rd. provison been defeated as well ?

Regards
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 12-31-2005, 08:55 AM
sai sai is offline
Member
Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
12/12/2003
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/12/2003
Compare
Join Date: Dec 2005
Posts: 65
sai is on a distinguished road
Default

I dont remember reading the clause "after approbal of I-140"
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 12-31-2005, 09:31 AM
Administrator
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/06/2003
Compare
Join Date: Dec 2005
Posts: 164
WaldenPond is a splendid one to behold WaldenPond is a splendid one to behold WaldenPond is a splendid one to behold WaldenPond is a splendid one to behold WaldenPond is a splendid one to behold WaldenPond is a splendid one to behold WaldenPond is a splendid one to behold
Default

As per the current procedure, we can file I-140 and I-485 at the same time provided I-485 date is current or the date of the category that we fall in is after our PD.

I do not remember the clause after approval of I-140. But it would definitely help lot of us to be able to file I-485 irrespective of the fact if visa number is available or not. As per the current procedure, one can file I-485 and get approved for I-485 only when I-485 number is available. I think this just causes confusion. It will make lot more sense if filing of I-485 is not related to PD even though approval of I-485 may still be linked to PD. Maybe we could include this as one of our agenda.

Last edited by WaldenPond; 12-31-2005 at 09:34 AM.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 01-11-2006, 08:54 PM
Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 30
teky can only hope to improve
Default EB3 conversion

Guys,

I would really appreciate if somebody can answer this question:

I have applied for my labor certification in EB 3 category in April 2002. My Labor has been approved in August 2005 and my I -140 certified.

I have a US Masters degree and would like to know if I can re-file my labor from the same employer in EB2 with PERM.
I would not like to lose my priority date of April 2002.

Please let me know if this possible .

Thanks,
Teky
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 01-12-2006, 12:08 PM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 4
Rishi is on a distinguished road
Default

Its tricky...that's defintely possible with another employer. Even though there i s no clear rule on this, as per recent DOL memos regarding the multiple filings by same employer, it expects the employer to withdraw all but one which it intends to continue or DOL will consider the first which gets approved and reject the remaining.

In your case, you have already one approved lc. So it becomes difficult to file one more LC with the same employer. Search through Murthy's bulletins and consult a good lawyer.

Quote:
Originally Posted by teky
Guys,

I would really appreciate if somebody can answer this question:

I have applied for my labor certification in EB 3 category in April 2002. My Labor has been approved in August 2005 and my I -140 certified.

I have a US Masters degree and would like to know if I can re-file my labor from the same employer in EB2 with PERM.
I would not like to lose my priority date of April 2002.

Please let me know if this possible .

Thanks,
Teky
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 01-15-2006, 09:17 PM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 2
kamrans is on a distinguished road
Default

Can anyone analyse the progress and predict the increase in visa numbers in in EB3 worldwide category.
Right now its at 2001.

Thanks.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 01-16-2006, 01:26 PM
Junior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
12/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/06/2007
Compare
Join Date: Jan 2006
Posts: 3
mavrick is on a distinguished road
Default Any new initiative to tackle Retrogression?

There has been a lot of talk about new legislation and emergency measures since the Decmber debacle. Most experts point toward action in early 2006. Does anybody have information on the concrete steps taken in this direction. i.e, beside the comprehensive immigration bill. which I assume will take a while so is not an early 2006 bet. Anything else in the offing? Any information will be much appreciated.

Thanks,

Mav
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 01-16-2006, 01:37 PM
Senior Member
Priority Date
:
Jul-01
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 138
eb_retrogession is on a distinguished road
Default

Quote:
Originally Posted by mavrick
There has been a lot of talk about new legislation and emergency measures since the Decmber debacle. Most experts point toward action in early 2006. Does anybody have information on the concrete steps taken in this direction. i.e, beside the comprehensive immigration bill. which I assume will take a while so is not an early 2006 bet. Anything else in the offing? Any information will be much appreciated.

Thanks,

Mav
Mav,

A million dollar question.

There are several things up in the air, and no one can predict how soon/when a bill will pop up. Comprehensive Immig Bill is a big elephant and could happen any time, or may not even happen,

But the key is to be prepared, to jump into that vehicle when it becomes available; Things move so fast, reaction isn't an option, it should be well planned action. Educating lawmakers, lobbying, a bit of media etc should position us well for any such vehicle that could come up (immig bill/appropriation bill/budget bill etc)
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 01-19-2006, 11:42 AM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 2
yimin88 is on a distinguished road
Default EB2 Worldwide

Is EB2 Worldwide predicted to be backlogged soon? I heard some people say that, any input?

Yimin
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 02-02-2006, 11:19 AM
Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 32
spgtopper is on a distinguished road
Default

Yimin88

If you see the way things are moving, no one can completely eliminate that possibility (of EB2 worldwide retrogressing as well).

ImmigrationVoice is working hard to solve this problem for all employment based categories by supporting measures that aim to increase the overall EB quota. High skilled people who come to this country don't have to go thru' such a long wait.

Immigration voice's efforts will go a long way in solving the problems.

Pl. contribute to this cause, and inform ur friends as well. I did this too!

S.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Retrogression in H1B? grimreaper Non-Immigrant Visa 0 06-10-2009 03:40 PM
EB2 I/C retrogression gctest Retrogression, priority dates and Visa bulletins 70 10-08-2008 10:49 PM
RFE & Retrogression - i-483 Pegasus503 Retrogression, priority dates and Visa bulletins 1 11-28-2007 09:02 AM
EB-3 retrogression for ROW seba Retrogression, priority dates and Visa bulletins 10 04-03-2007 08:40 PM
When this retrogression will be over Kuldeepsingh2006 Retrogression, priority dates and Visa bulletins 6 11-21-2006 02:59 PM



All times are GMT -4. The time now is 08:26 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org