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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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  #106 (permalink)  
Old 07-19-2007, 09:26 AM
Junior Member
Priority Date
:
Jul-08
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:
EB2
I140 Mailed Date
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:
India
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Posts: 21
nkhari can only hope to improve
Default totall agree with injustice

dude,

I totally agree with you. This is NOT FAIR. TOTALLY NOT.

I wish CIS can put in procedures to take care of this issue.

Should you start the flower campaign to get this noticed and make them process the applications in the order of PD and not RD.

IV fought for others.

All others will not agree, because they are happy and feel lucky.

But trust in god and ask his fairness and I am sure when the PD cut-off is set, you will definitely see the result as being fair.
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  #107 (permalink)  
Old 07-19-2007, 11:30 AM
Junior Member
Priority Date
:
Nov-01
Category
:
EB2
I140 Mailed Date
:
11/23/2007
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Posts: 15
indyyy is on a distinguished road
Default Keep the faith and stay the course !!!

First of all...Hats off to IV for doing an incredible job !!!

My labor has been collecting dust in the Dallas BEC since 2001, my PD is Nov 2001, non-RIR. The online system still states that my case is in process. I am equally frustrated like all my fellow BEC victims, but I think there is no reason to feel left out or unhappy just because some people could jump the queue and get in front of us. The best we can do is congratulate them on their good fortune and hope that the DOL sticks to their deadline and clear all BEC cases by sep. If they miss the sep deadline (i wont be surprised if they do), I guess IV can help us in organising another flower campaign or a rally based on the recent success.

Lets keep the faith and stay the course !!!
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  #108 (permalink)  
Old 07-19-2007, 02:00 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB2
I140 Mailed Date
:
09/13/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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WeShallOvercome is a splendid one to behold WeShallOvercome is a splendid one to behold WeShallOvercome is a splendid one to behold WeShallOvercome is a splendid one to behold WeShallOvercome is a splendid one to behold WeShallOvercome is a splendid one to behold WeShallOvercome is a splendid one to behold
Default

Quote:
Originally Posted by Regal22
My labor certification (Traditional EB-3) is stuck in BEC since last 5 years. It is completely beyond my understanding why it took so long for BEC to process my case. Now everyone is rejoicing USCIS's decision to accept all green card applications, but I am paralyzed with the fear of facing another huge backlog on I-485 applications. One government agency sits on our applications for years and another government agency throws us further back in the line to cover up its blunders and guess what who pays the price: WE RULE-ABIDING, LINE-WAITING FOLKS.

Even if I get my labor approval before September, I will be among the last persons to get labor certification in spite of being the one with the earliest priority date. Nothing would give me greater pleasure than suing DOL BEC at this time. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on their web site that they have tried to maintain FIFO, it makes me feel like puking.

I am also disappointed with IV's attitude towards the backlog victims. I do not remember anything concrete done by IV to address the grievances of backlog victims. Now that they have won the battle with USCIS, will they have time to look at us?
Friend,

We all pray for you to get out of this backlog soon.
While I understand your situation, I have a few words for you to think about.
If your PD is 5-6 years old (2001-2002), rest assured that you will be able to file your I-485 very soon after you get your LC.

Please try to understand how the system works. NO ONE with a PD of 2005, 2006, 2007 who will apply in july is going to get a GC before people like you!

PDs can not remain 'U' forever. They will definitely have to put in some cutoff date in October bulletin as new numbers for the next year become available.
If they make it U in the start of the year, USCIS will not be able to approve any cases and use the visa numbers.

The cutoff date that DOS sets is the PD of the FIRST pending application that can not be approved due to non-availability of a visa number.

So if they want to approve ANY application whose PD is later than yours, they will have to move the PDs atleast to that date. In that case, you my friend, will be able to file your I-485.

And mark my word, YOU WILL GET A GC YEARS BEFORE ANY ONE WITH A PD OF 2006 2007. (some exceptions are always there)
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  #109 (permalink)  
Old 07-19-2007, 02:06 PM
Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
04/06/2006
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:
India
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:
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I485 Mailed Date
:
08/04/2007
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hemanth22 is on a distinguished road
Default

Quote:
Originally Posted by Regal22
My labor certification (Traditional EB-3) is stuck in BEC since last 5 years. It is completely beyond my understanding why it took so long for BEC to process my case. Now everyone is rejoicing USCIS's decision to accept all green card applications, but I am paralyzed with the fear of facing another huge backlog on I-485 applications. One government agency sits on our applications for years and another government agency throws us further back in the line to cover up its blunders and guess what who pays the price: WE RULE-ABIDING, LINE-WAITING FOLKS.

Even if I get my labor approval before September, I will be among the last persons to get labor certification in spite of being the one with the earliest priority date. Nothing would give me greater pleasure than suing DOL BEC at this time. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on their web site that they have tried to maintain FIFO, it makes me feel like puking.

I am also disappointed with IV's attitude towards the backlog victims. I do not remember anything concrete done by IV to address the grievances of backlog victims. Now that they have won the battle with USCIS, will they have time to look at us?

did your company receive the 45 day letter that they sent for all BEC cases.
did they give the letter to you , it might have been possible that either they did'nt receive the letter completely or they might be with-holding information from you
what does your case status say

you must have seen that i am waiting since the last 10 years, since their processing is so random that there's nothing that you can do . The worst thing that you can do is feel bitter about others who are getting benefited.

you have to fell happy for others that they are able to get out of the un-desirable situation that all of us are in.
__________________
F1 - 1997-2000
H1 - 2000 - current
BEC - Feb 2004 EB3 - pending
PERM - 2005 Dec EB2
I-140 - 2006 june
I-485 - filing in July

Last edited by hemanth22; 07-19-2007 at 02:11 PM.
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  #110 (permalink)  
Old 07-19-2007, 02:06 PM
Senior Member
Priority Date
:
May-06
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EB3
I140 Mailed Date
:
10/11/2006
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:
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eager_immi is on a distinguished road
Default life is not fair

First of let me tell you life is not fair. All BEC people everyone in this forum empathizes with you esp me since my husband is also a victm, even if they say u should have filed in PERM. I know for a lot of folks this was not a choice for you to make sometimes it is the company, lawyer, ur job situation that is the determining factor. So, please hang in there and contribute without bad mouthing IV. Maybe some of you should become a part of the core and fight for ur rights. The reason I say life is not fair bc people like my husband and I we are not in IT or work for IT consulting companies yet this whole backlog is created bc of that particular industry and abuses to the H1B system and we still suffer. Also, what happens when u work for huge companies that usually don't hire h1b but once they made the step they don't want to loose you since you are an investment for them and hence the wait 5 years to file ur GC. Again life is not fair when the business needs you to move to a different position, or downsizes and you have to start from scratch all over again. Both my husband and I are here for 10 years and are on our 8th year of H1 and this is the first time for me to file 485 with 2006 PD and his labor still has to be filed yet again in Perm. My point life is not fair but you cannot blame others. Very few people are lucky and get GC in a year or year half. If you look most people had some struggle some worse than others. Just be grateful that someone is ready to atleast listen to you and help you fight this long battle.
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  #111 (permalink)  
Old 07-19-2007, 02:18 PM
apb apb is offline
Senior Member
Priority Date
:
Mar-04
Category
:
EB2
I140 Mailed Date
:
03/18/2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
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Posts: 286
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Smile For BEC stuck ppl

Quote:
Originally Posted by Regal22
My labor certification (Traditional EB-3) is stuck in BEC since last 5 years. It is completely beyond my understanding why it took so long for BEC to process my case. Now everyone is rejoicing USCIS's decision to accept all green card applications, but I am paralyzed with the fear of facing another huge backlog on I-485 applications. One government agency sits on our applications for years and another government agency throws us further back in the line to cover up its blunders and guess what who pays the price: WE RULE-ABIDING, LINE-WAITING FOLKS.

Even if I get my labor approval before September, I will be among the last persons to get labor certification in spite of being the one with the earliest priority date. Nothing would give me greater pleasure than suing DOL BEC at this time. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on their web site that they have tried to maintain FIFO, it makes me feel like puking.

I am also disappointed with IV's attitude towards the backlog victims. I do not remember anything concrete done by IV to address the grievances of backlog victims. Now that they have won the battle with USCIS, will they have time to look at us?
Please read more about what IV has done to BEC candidates before you get disappointed. Also please refer to one more forum/person who has helped you with your BEC. I understand your pain. I was in BEC for a long time and before even I got my labour approved I was laid off. LOST my PD by almost three years. I never felt like a victim. Started the process again and this is the first time I am able to get this close towards my GC.
For you the moment you get your labour approved you can file your 485 right away as your date will always be current. So why worry. Let everybody enjoy. Somebody here could be your brother/Friend.
You will get to file right away and you will get the GC sooner because the GC follows PD.
__________________
http://www.cafepress.com/immivoice
EB2 - India
PD - Mar/2004
I 140 approved
I 485 Date received July/20/2007
RD July/20/2007
ND Aug/17/2007
FP Oct/5/2007
EAD/AP - Received
GC interview date Nov/2009
GC approved Feb/17/2010

If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.
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  #112 (permalink)  
Old 07-19-2007, 02:19 PM
apb apb is offline
Senior Member
Priority Date
:
Mar-04
Category
:
EB2
I140 Mailed Date
:
03/18/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jul 2007
Posts: 286
apb is a splendid one to behold apb is a splendid one to behold apb is a splendid one to behold apb is a splendid one to behold apb is a splendid one to behold apb is a splendid one to behold apb is a splendid one to behold
Default

Also please refer to one more forum/person who has helped you with your BEC

If you anybody other than IV who has taken up your issue voluntarily, let me know.
__________________
http://www.cafepress.com/immivoice
EB2 - India
PD - Mar/2004
I 140 approved
I 485 Date received July/20/2007
RD July/20/2007
ND Aug/17/2007
FP Oct/5/2007
EAD/AP - Received
GC interview date Nov/2009
GC approved Feb/17/2010

If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.
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  #113 (permalink)  
Old 07-19-2007, 02:35 PM
Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Jul 2007
Posts: 46
dupedinjuly has a little shameless behaviour in the past
Default They will be processed in order of PD

When USCIS has so many I-485 applications, they will have to sort them in the order of PD. Your PD is older and you will have your GC first. However, its unpredictable when you will be able to file I-485.
They will be opening up dates slowly in the Visa bulletin going forward. However, they would open up 2003 PD before they reach PD 2007. You will be able to I-485 then and will have GC before someone whose PD is in 2007.


Quote:
Originally Posted by H1BLegal95


message from IV

Despite the offensive posts and badmouthing on IV site and other sites we are keeping everyone in mind when working on our lobbying effort. We had posted messages in the past about this too. IV does not advice any flower campaign etc without consulting with us. Any wrong move can potentially hurt the interest of this community and the advocacy work we are doing. Please stop posting offensive messages and stop fighting with other members of the community.

=======================

Message from IV for BEC victims

We are aware of the issue and if there is any acion item, we will post it.

also be aware of what we posted earlier on this issue:
http://immigrationvoice.org/forum/showthread.php?t=6084 (IV's message to all BEC victims happy with visa bulletin)
http://immigrationvoice.org/forum/sh...024#post100024
=========================


=========================




Years we have been told priority date establishes your place in the queue.

We have spurned job offers and declined the new PERM process to hold on to the priority dates.

Many are still awaiting labor certifications from the backlog elimination centers. Out comes USCIS and says everyone with a LC can file I140 & I485.

People still waiting for LC with priority dates in 2003-2004 are seeing applicants who have priority dates as late as 2007 but with approved LCs through PERM walk through to I485.

Net result, USCIS is going to be flooded with applicants enough to retrogress the priority dates 3-4 years back as early as september. (Everybody with a LC will be able to file for I485 in July). So applicants with priority dates of 2007 are going to get EAD and GC, while LC backlogged 2003 applicants to have to wait for another 3-4 years before they can even file I485.

Aint fair. Aint fair at all. How can this be. How can rules be changed in the middle of the game.
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  #114 (permalink)  
Old 07-19-2007, 02:36 PM
Junior Member
Priority Date
:
May-03
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houston_TX is on a distinguished road
Default I-485 Approval Procedure

Hi All,
MY LC (PD May 2003) is still stuck in DBEC. So I may or may not be able to file withing Aug17th.
My question is regarding the procedure used by USCIS to process AOS applications. It would be great if someone could explain this to me.
These are my questions:
1. Is the AOS application processed by RD or PD?
2. Once USCIS starts processing the I485, do they check PD at any stage, or is it just used as the initail "gate " for allowing I485 application submission?
3. Suppose Tom with a PD of July 2006 applied in July 2007. Then Harry's case gets approved by BEC in August 2007 and he applies in October 2007. Who will get the GC first?

Thanks for the help!
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  #115 (permalink)  
Old 07-19-2007, 03:07 PM
Senior Member
Priority Date
:
Apr-04
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:
EB3
I140 Mailed Date
:
02/19/2007
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India
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:
I-485
I485 Mailed Date
:
07/16/2007
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Posts: 122
rolrblade will become famous soon enough
Default Your answer

Quote:
Originally Posted by houston_TX
Hi All,
MY LC (PD May 2003) is still stuck in DBEC. So I may or may not be able to file withing Aug17th.
My question is regarding the procedure used by USCIS to process AOS applications. It would be great if someone could explain this to me.
These are my questions:
1. Is the AOS application processed by RD or PD?
2. Once USCIS starts processing the I485, do they check PD at any stage, or is it just used as the initail "gate " for allowing I485 application submission?
3. Suppose Tom with a PD of July 2006 applied in July 2007. Then Harry's case gets approved by BEC in August 2007 and he applies in October 2007. Who will get the GC first?

Thanks for the help!
Houston:

let me try to answer your question the best I can. Answers in order:

For all purposes: lets assume 2 examples. Person A PD July 2006 and RD of July2, 2007 and Person B PD April 2006 and RD of July 2, 2007.

1. AOS is processed by a "combination" of RD and PD. As per the current Bulletin BOTH A and B can apply. The Service centres are currently processing September 2006 applications. When they reach July 2, 2007 processing dates, both applications will be picked up and then "thoeretically" they should ask for Visa number for A BEFORE asking a visa number for B as A has an earlier PD.
2. Answered in same question 1 above.
3. If Harry's case gets approved in August 2007 by BEC he WILL NOT be able to apply for I-485 as the July Bulleting is valid only for applicants VALID in july. Just beacuse they are accepting till AUg 17, does not mean people whose LC got approved between Aug 1-17 can apply, becuase they were technically NOT eligible to apply in July.

Does that answer your questions. PM me if you want more detail.
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  #116 (permalink)  
Old 07-19-2007, 03:22 PM
Member
Priority Date
:
Jul-04
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I140 Mailed Date
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:
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rdehar has much to be proud of rdehar has much to be proud of rdehar has much to be proud of rdehar has much to be proud of rdehar has much to be proud of rdehar has much to be proud of rdehar has much to be proud of rdehar has much to be proud of rdehar has much to be proud of
Default

Quote:
Originally Posted by houston_TX
Hi All,
MY LC (PD May 2003) is still stuck in DBEC. So I may or may not be able to file withing Aug17th.
My question is regarding the procedure used by USCIS to process AOS applications. It would be great if someone could explain this to me.
These are my questions:
1. Is the AOS application processed by RD or PD?
2. Once USCIS starts processing the I485, do they check PD at any stage, or is it just used as the initail "gate " for allowing I485 application submission?
3. Suppose Tom with a PD of July 2006 applied in July 2007. Then Harry's case gets approved by BEC in August 2007 and he applies in October 2007. Who will get the GC first?

Thanks for the help!
I-485 would be processed by RD if (and only iffffff) the PD is current.

That means:

. Your PD has to be current for approval;
. Older PD still has a lot more value than RD;
. If BEC victims are unable to file for I-485 now (for lack of labor approval), they would be able to file I-140 and I-485 later, when their dates become current (remember: no approvals without forward movement of dates)

PS: I just got out of BEC mess (after 3 years), can't even imagine what's going on in minds of those still stuck
__________________
PD July 2004 (EB3 India)
Transferred to Philly Backlog
Labor approved May 2007, I-140 approved Sept 2008
I-485 Filed; Invoked AC21, switched to EAD Jun 2009
By the way, spent 9 years on H1
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  #117 (permalink)  
Old 07-19-2007, 03:25 PM
Member
Priority Date
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Dec-03
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dupedinjuly has a little shameless behaviour in the past
Default Big Boat

And pretty big boat which will move very slowly.....

Quote:
Originally Posted by satishbsk
July 2nd all will be in same boat.

_______________________
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  #118 (permalink)  
Old 07-19-2007, 03:26 PM
Member
Priority Date
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Dec-03
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Posts: 46
dupedinjuly has a little shameless behaviour in the past
Default You are Right

Its the end result - GC and they will have to go by PD.

Quote:
Originally Posted by wc_user
Tough luck buddy. My case was current in June, but my attorney filed only on the last day of June and it reached on July 2nd. I was in a limbo till today. My PD is Dec 2002 and I have waited nearly 5 years. Its ok that everyone gets to file now. I-485 approval will be based on priority dates. So, don't worry. Hope you get to file in October 2007.
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  #119 (permalink)  
Old 07-19-2007, 03:32 PM
Junior Member
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May-03
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houston_TX is on a distinguished road
Default AOS Processing

Guys,
Thanks for the quick response, much appreciated. I think I have the answer to my question.
Essentially:
1. RD will determine sequence in which AOS are looked at by case officers at USCIS. So July applicants with 2006 PD will geat EAD/AP, etc sooner than October applicants with 2002 PD.
2. In the event of retrogression (say to 2005), only those applications which have a current PD at the time of visa approval will get the green card. So 2002 PD will get GC before 2006 PD.

I hope I understood correctly?
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  #120 (permalink)  
Old 07-19-2007, 03:35 PM
Member
Priority Date
:
May-04
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EB2
I140 Mailed Date
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04/30/2007
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mdmd10 is just really nice mdmd10 is just really nice mdmd10 is just really nice mdmd10 is just really nice
Default

Quote:
Originally Posted by senthil1
Why can't you search for preapproved labor to file I485 quickly?
Wasn't Labour Substitution eliminated recently?
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