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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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  #586 (permalink)  
Old 08-31-2009, 06:39 PM
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Originally Posted by TexDBoy View Post
I think something is cooking up My EB2 priority date is Dec 06 and out of blue got the second finger printing notice. Given that my file is TSC (who unlike NSC, generally do not bother to look at file until the PD becomes current) makes me feel that they are going to advance PDs
Yes true !!! like the proverbial frog in a pot of slowly heating water.
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  #587 (permalink)  
Old 08-31-2009, 06:45 PM
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Originally Posted by go_guy123 View Post
Yes true !!! like the proverbial frog in a pot of slowly heating water.
You are funny It was never to meant to raise any hopes ... Just adding humor to the prediction thread.
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  #588 (permalink)  
Old 08-31-2009, 08:15 PM
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Any idea on whether EB2 - I will cross March 2005 in June 2010? I know its tough. I am desperate to file I-485 for my wife since most of the jobs i get ask for EAD and there are not sponsoring H1B.
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  #589 (permalink)  
Old 08-31-2009, 10:01 PM
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Originally Posted by HV000 View Post
Any idea on whether EB2 - I will cross March 2005 in June 2010? I know its tough. I am desperate to file I-485 for my wife since most of the jobs i get ask for EAD and there are not sponsoring H1B.
Difficult to predict at this point. Will largely depend on the spillover number and EB1 usage increase. Both these data will not be available probably until November visa bulletin coming out.

In best case scenario it would be by Dec 09 or Jan 2010; worst would be July 2010.

Hopefully more substantial prediction would be possible in 2 months.

good luck
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PERM filed: Feb 2008 Chicago Processing Center
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EB1A: I 140 filed: July 2009. Approved 12/09
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  #590 (permalink)  
Old 09-01-2009, 12:20 AM
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I too am getting the same feeling. Unexpectedly got an LUD on Aug 21 & spouse got medical RFE 4 days later...

Quote:
Originally Posted by TexDBoy View Post
I think something is cooking up My EB2 priority date is Dec 06 and out of blue got the second finger printing notice. Given that my file is TSC (who unlike NSC, generally do not bother to look at file until the PD becomes current) makes me feel that they are going to advance PDs
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  #591 (permalink)  
Old 09-01-2009, 02:41 AM
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Post Don't worry ...

Quote:
Originally Posted by DSLStart View Post
I too am getting the same feeling. Unexpectedly got an LUD on Aug 21 & spouse got medical RFE 4 days later...
We too got the LUD etc and RFE for medical and then eventual denial for my wife's 485 ... all happened in the span on 45-60 days ..... now filed MTR and waiting for the decision - god knows when ....
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  #592 (permalink)  
Old 09-01-2009, 04:05 AM
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Jul-04
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Quote:
Originally Posted by vdlrao View Post
For first quarter EB2 India will have 1/4 of 9,800(7% of 140k visas), which are 2,450 visas. I wonder
how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.
so basically we have to stick to our 5 year HOPE PLAN....
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  #593 (permalink)  
Old 09-01-2009, 09:54 AM
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I140 Mailed Date
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Quote:
Originally Posted by sammyb View Post
We too got the LUD etc and RFE for medical and then eventual denial for my wife's 485 ... all happened in the span on 45-60 days ..... now filed MTR and waiting for the decision - god knows when ....
Sammyb,

Why was your wife's 485 got denied?
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  #594 (permalink)  
Old 09-01-2009, 01:24 PM
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Priority Date
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Mar-05
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Default EB2 will be current soon

There were less than 105K Employment based GC applications in 2008 and 85K(or even less) in 2009 till now. So in 2010 or 2011 we will not have that many ROW applications ready for approval and at that point huge spill over will happen which will make EB2 current. So hold on tight, its only matter of couple of years and not 10 years........
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Last edited by vjkypally; 09-01-2009 at 04:46 PM.
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  #595 (permalink)  
Old 09-01-2009, 07:19 PM
Donor
Priority Date
:
Dec-06
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:
EB2
I140 Mailed Date
:
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:
India
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Post Medical

The reason for denial was medical .... when we did the vaccine for response to the RFE, the civil surgeon didn't administered certain vaccine to her as she is nursing our new born ...

so USCIS denied the 485 ....

Quote:
Originally Posted by HV000 View Post
Sammyb,

Why was your wife's 485 got denied?
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  #596 (permalink)  
Old 09-02-2009, 01:29 AM
Senior Member
Priority Date
:
Mar-05
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EB2
I140 Mailed Date
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03/01/2007
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India
Processing Stage
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I-485
I485 Mailed Date
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08/01/2007
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Looking at the EB2-I approval trend today from Jan 04 thru Jan 05, will the OCT bulletin move forward breaking the norm?
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  #597 (permalink)  
Old 09-02-2009, 02:02 AM
Senior Member
Priority Date
:
Sep-06
Category
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EB2
I140 Mailed Date
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01/18/2007
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India
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I-485
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07/02/2007
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Quote:
Originally Posted by HV000 View Post
Looking at the EB2-I approval trend today from Jan 04 thru Jan 05, will the OCT bulletin move forward breaking the norm?
Yes, if the same trend continues for the most part of september..
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  #598 (permalink)  
Old 09-02-2009, 04:01 AM
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Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
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08/01/2006
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India
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I-485
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08/10/2007
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Quote:
Originally Posted by meridiani.planum View Post
why, whats your problem?

One big problem that many of us have is this sniping at our fellow humans. How does it matter to you whether he has done something in national interest or not, as long as he can prove it to the USCIS thats all that matters. He asked a question, answer it and move on.

Reminds of a tale someone posted on this very website:
a man is selling crabs in the market in two buckets. ONe has a lid on it, the other does not. Someone asks why has a lid on only one bucket. He says the one with the lid is free-thinking, honest, mind-my-own business crabs. Each one is creative, some of them are co-operative and soon they'll all escape if he does not put that lid. In the second bucket is a bunch of crabs who are more interested in what the other one is doing, they keep holding the others, pulling them down, creating a racket when any of them moves and so on. Even before one of those crabs reaches half-way up the bucket, the others pull him back down. No need of a lid here.
Quote:
Originally Posted by kumar1 View Post
I did not ask you this question, so shut up!
I know which bucket you belong to...
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  #599 (permalink)  
Old 09-02-2009, 12:25 PM
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Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
04/12/2008
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India
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:
N/A
I485 Mailed Date
:
12/02/2011
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Default No

Quote:
Originally Posted by HV000 View Post
Looking at the EB2-I approval trend today from Jan 04 thru Jan 05, will the OCT bulletin move forward breaking the norm?
OCT bulletin will go back to 2003 .. May be Oct 2003 or Max Jan 2004. Because of very limited supply of visa on OCT ( 200 , No Spill ). When USCIS clears 10k case in a given month of sep there are always chances that some 200 - 300 left over cases and those cases will chew all new supply in OCT 2009.
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  #600 (permalink)  
Old 09-02-2009, 01:01 PM
Donor
Priority Date
:
Feb-08
Category
:
EB2
I140 Mailed Date
:
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:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Default Am I missing something??

Quote:
Originally Posted by gc_on_demand View Post
OCT bulletin will go back to 2003 .. May be Oct 2003 or Max Jan 2004. Because of very limited supply of visa on OCT ( 200 , No Spill ). When USCIS clears 10k case in a given month of sep there are always chances that some 200 - 300 left over cases and those cases will chew all new supply in OCT 2009.
Per INA

Quote:
(1) Nondiscrimination. -

(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
This means the spillover should happen on a quarter by quarter basis and CIS need to issue all the available visas if they have pre adjudicated on the first day/week/month.

So technically, if the demand is there on the first day of the quarter, the country limit doesn't and shouldn't kick in.

This way, EB2-I/C should have atleast 27% of 28.6% of 140,000 i.e. 10811 EB2 visas available. Can someone else take a second look at this to see if I am missing something??

On the same lines, spill over from EB1/4/5 should also be on a quarter by quarter basis. If they want to follow the law, EB2 should move to atleast 2006 in next VB.
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