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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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  #1 (permalink)  
Old 04-06-2010, 09:09 AM
Member
Priority Date
:
Nov-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
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Join Date: May 2008
Posts: 58
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Lightbulb EB? Priority Dates - Basic Question

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
__________________
Priority Date: 11/28/2007
Category: EB2 India
I-140: Approved
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  #2 (permalink)  
Old 04-06-2010, 09:57 AM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
07/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
Compare
Join Date: May 2006
Posts: 392
rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of
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Originally Posted by doknek View Post

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.
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  #3 (permalink)  
Old 04-06-2010, 11:16 AM
Senior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
11/15/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
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Join Date: May 2006
Posts: 200
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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.
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  #4 (permalink)  
Old 04-06-2010, 11:56 AM
Member
Priority Date
:
Nov-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: May 2008
Posts: 58
doknek has a brilliant future doknek has a brilliant future doknek has a brilliant future doknek has a brilliant future doknek has a brilliant future doknek has a brilliant future doknek has a brilliant future doknek has a brilliant future doknek has a brilliant future doknek has a brilliant future doknek has a brilliant future
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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.
__________________
Priority Date: 11/28/2007
Category: EB2 India
I-140: Approved
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  #5 (permalink)  
Old 04-06-2010, 12:30 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
07/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
Compare
Join Date: May 2006
Posts: 392
rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of rb_248 has much to be proud of
Default

Quote:
Originally Posted by doknek View Post
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.
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