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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 02-10-2008, 03:31 PM
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N/A
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JunRN is a splendid one to behold JunRN is a splendid one to behold JunRN is a splendid one to behold JunRN is a splendid one to behold JunRN is a splendid one to behold JunRN is a splendid one to behold JunRN is a splendid one to behold
Default As of Dec, there are still more than 800,000 pending i-485 applications!

http://www.uscis.gov/files/article/A...December07.pdf

I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.

So the wait time is really very long for July 2007 filers with later PD.
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  #2 (permalink)  
Old 02-10-2008, 04:02 PM
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May-04
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04/30/2007
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Default Good reason...

This is a good reason to advocate 3 year EAD/AP validity. Wish the letter campaign brings this much needed administrative fix to reality.
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  #3 (permalink)  
Old 02-10-2008, 06:11 PM
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Priority Date
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May-02
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EB3
I140 Mailed Date
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06/20/2002
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India
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I-485
I485 Mailed Date
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12/20/2004
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Default

how can they approve 485's by 2010 if there are very limited visas available. Getting EAD or AP is not the end of the road. Final freedom is when you get the GC and that is not possible if unless we all lobby to change the law....I hope people understand that we are in for a very long wait if there is not change in the law, quota..

USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.

Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.

Quote:
Originally Posted by sumavenkatappa View Post
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.

http://news.yahoo.com/s/ap/20080209/...ation_backlogs

Last edited by 485Mbe4001; 02-10-2008 at 06:14 PM.
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  #4 (permalink)  
Old 02-10-2008, 06:25 PM
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Nov-02
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I140 Mailed Date
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07/27/2006
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mallu has a spectacular aura about mallu has a spectacular aura about mallu has a spectacular aura about
Default Statistics ?

India EB with PD 1999 - How many pending ?
India EB with PD 2000 - How many pending ?
India EB with PD 2001- How many pending ?
India EB with PD 2002- How many pending ?
......
For USCIS it might be just the tap of a button to tell the numbers. All computerized , right ?
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  #5 (permalink)  
Old 02-10-2008, 07:13 PM
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Default

Quote:
Originally Posted by sumavenkatappa View Post
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.

http://news.yahoo.com/s/ap/20080209/...ation_backlogs
USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
- if your PD is not current, or
- if your namecheck has started and is pending for <180 days
your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).

For people stuck in retrogression such backlog reduction efforts have almost no meaning...
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  #6 (permalink)  
Old 02-11-2008, 02:28 AM
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Default

Quote:
Originally Posted by sumavenkatappa View Post
Also, there is no way that they can reduce the backlog if they end up waiting for the PDs to be current.
I think you missed the point: if no PD is current, then there are no backlogs.
If a case cannot be approved because it exceeds the regulatory requirements, it wont count as a backlogged case. It will sit there, gathering dust, but wont be counted in any of these stats...
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  #7 (permalink)  
Old 02-11-2008, 11:26 AM
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Default

What do you mean "that is easily offset by EB-CP "?
You should know, Family Based immigration is really the backbone of immigration in current systems, much more people get FB than EB. Also, Employment through CP is really an anormalty in EB, since EB basically requires you to be physically present in this country, so almost bars the possibility of CP. Yes, it is leagal, but not really practical. So, the number of people seeking FB 485 is way much larger than number of people seeking 485 CP.
Quote:
Originally Posted by JunRN View Post
http://www.uscis.gov/files/article/A...December07.pdf

I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.

So the wait time is really very long for July 2007 filers with later PD.
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  #8 (permalink)  
Old 02-11-2008, 11:54 AM
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Priority Date
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May-06
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bskrishna has a spectacular aura about bskrishna has a spectacular aura about bskrishna has a spectacular aura about
Unhappy multiple filings as well..

The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.

So i guess there are about 100K duplicate and invalid applications.

In a way our community contributes to our own downfall...

Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
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  #9 (permalink)  
Old 02-11-2008, 03:14 PM
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Priority Date
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Oct-06
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Default

Quote:
Originally Posted by bskrishna View Post
The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.

So i guess there are about 100K duplicate and invalid applications.

In a way our community contributes to our own downfall...

Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.

In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.

If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.
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