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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 06-14-2007, 12:08 AM
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H1BLegal95 has a spectacular aura about H1BLegal95 has a spectacular aura about H1BLegal95 has a spectacular aura about
Default Injustice to backlogged applicants



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.

Last edited by pappu; 07-19-2007 at 02:18 AM.
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  #2 (permalink)  
Old 06-14-2007, 12:12 AM
Senior Member
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invincibleasian can only hope to improve
Default

Quote:
Originally Posted by H1BLegal95
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.

Dude life is not fair accept it!
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  #3 (permalink)  
Old 06-14-2007, 12:13 AM
Senior Member
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Nov-02
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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

Quote:
Originally Posted by H1BLegal95
........... 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.
There will be a few lucky ones indeed. Those who get I-485 cleared within 3 - 4 months. But retrogression will kick in ( as applications get approved ) and the PD of 2003,2004 etc will become valuable.
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  #4 (permalink)  
Old 06-14-2007, 12:14 AM
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Mar-04
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anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute anandrajesh has a reputation beyond repute
Default

Quote:
Originally Posted by H1BLegal95
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.
Why do you want a spoilsport bro. Everybody is rejoicing this moment. Let us not spoil everybody's moment here. I agree with ur reasoning, but the fact that everybody can apply for 485 brings justice to everybody. My PD is Mar 2004 and i am equally happy for all who can apply 485.
__________________
Not a Qualified Attorney... Consult an Attorney for any clarifications...Use my views at ur own risk...
__________________________________________________ _______________________________________
11 yrs since landed in US till waiting for GC while all my peers are citizens.
HOPING USCIS either to approve or deny my GC ASAP - EB3 India, PD - 2004 Mar, I-140 - 2006 July
I-485/AP/EAD - RD July 2. ND Aug 15, 2007 NSC
FP - Oct 12, 2007 EAD,AP - 2nd set
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  #5 (permalink)  
Old 06-14-2007, 12:15 AM
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raj2007 will become famous soon enough raj2007 will become famous soon enough
Default

Quote:
Originally Posted by mallu
There will be a few lucky ones indeed. Those who get I-485 cleared within 3 - 4 months. But retrogression will kick in ( as applications get approved ) and the PD of 2003,2004 etc will become valuable.

It happened in 1999-2000 when they made all the dates current for 3 months and after that it went back by 3 years.But good thing this time is that you can change the jobs after 6 months.
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  #6 (permalink)  
Old 06-14-2007, 12:15 AM
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dionysus is infamous around these parts dionysus is infamous around these parts dionysus is infamous around these parts dionysus is infamous around these parts dionysus is infamous around these parts dionysus is infamous around these parts dionysus is infamous around these parts dionysus is infamous around these parts dionysus is infamous around these parts dionysus is infamous around these parts dionysus is infamous around these parts
Default Actually it more unfair than you imagined.

Well it is worse than you thought.

People who haven't even started their green card process yet can buy a labor from any bodyshop, use it to file their 140 and 485 concurrently and get a foothold in the great american GC mela. Howzaat.


Quote:
Originally Posted by H1BLegal95
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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  #7 (permalink)  
Old 06-14-2007, 12:18 AM
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
11/15/2006
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
06/06/2007
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Join Date: Dec 2006
Posts: 174
peer123 will become famous soon enough
Default

Quote:
Originally Posted by dionysus
Well it is worse than you thought.

People who haven't even started their green card process yet can buy a labor from any bodyshop, use it to file their 140 and 485 concurrently and get a foothold in the great american GC mela. Howzaat.
I am not negative if I say --- most IV member want to change job--- frustration with status co may be... --- feeling exploited... --- may be....
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  #8 (permalink)  
Old 06-14-2007, 12:19 AM
Senior Member
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stuckinmuck is infamous around these parts
Default I understand your pain

Sorry to hear about your situation but there is a small glimmer of hope. As per the deadline set for clearing labor backlogs, DOL has targeted it for September 2007. And as per the bulletin today, the visa numbers are expected to be current until at least October of this year. So let's hope your labor gets cleared by then and you can then concurrently file for I-140 and I-485.

Quote:
Originally Posted by H1BLegal95
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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  #9 (permalink)  
Old 06-14-2007, 12:21 AM
Senior Member
Priority Date
:
Nov-01
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:
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:
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factoryman is on a distinguished road
Default Did it occur to you that all LC will be cleared in the next one month...

My PD is Nov 2001. It became current last month. Filed 485 this month. Now I see people with 2007 PDs eligible to file. Can't complain. Take it as it comes and proceed. You are not a player in these. You are only a spectator.

All will be fine. Good luck.

Quote:
Originally Posted by H1BLegal95
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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  #10 (permalink)  
Old 06-14-2007, 12:36 AM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/16/2007
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Posts: 330
acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute acecupid has a reputation beyond repute
Smile Same thing happened during introduction of PERM

Quote:
Originally Posted by H1BLegal95
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.
You have to take things in your stride man. We all know this whole process is broken, but lets cheer for our fellowmen who are lucky to apply for I-485. Your time will come around soon. Cheer up!
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  #11 (permalink)  
Old 06-14-2007, 12:39 AM
Senior Member
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:
United Kingdom
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franklin has much to be proud of franklin has much to be proud of franklin has much to be proud of franklin has much to be proud of franklin has much to be proud of franklin has much to be proud of franklin has much to be proud of franklin has much to be proud of franklin has much to be proud of franklin has much to be proud of
Default

Quote:
Originally Posted by H1BLegal95
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.
I totally feel for you right now. A lot of people are celebrating the unexpected news, and those that have applied for labor possibly MUCH earlier are still stuck.

Let's hope that the BEC keep to their new revised deadline and the Visa Bulletins remain rosy for you
__________________
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Got Green but still working at IV
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  #12 (permalink)  
Old 06-14-2007, 12:41 AM
Senior Member
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I140 Mailed Date
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04/20/2005
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:
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Green_Always has a brilliant future Green_Always has a brilliant future Green_Always has a brilliant future Green_Always has a brilliant future Green_Always has a brilliant future Green_Always has a brilliant future Green_Always has a brilliant future Green_Always has a brilliant future Green_Always has a brilliant future Green_Always has a brilliant future Green_Always has a brilliant future
Default Not Fair.... AT ALL no First In First Out

This is really Crazy....

People are waiting form 2001 for GC and these guys have open flood gates.. and I have been seeing approvals for 2003 / 2004 cases.. and no wonder they will approve next month cases also..

Where is the Justice?

Not sure.. how this kind of advanced country can do things like this very happazzard with out proper process and procedures.

Not sure what they are up to..

Probally they will get more papers on illegals now..

only thing they have to outsource this process to India / China.. to move things fast.

Dont know if we need to laugh or cry at these people procedure and process..

Hope things will go as First In First Out which is ethical and justification way to move things.

Hope some one from high level of USCIS looks at my message and take necessary actions and set right there process and procedures..

no other words to explain this Irony of Life..

TKS & RGRDS.
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  #13 (permalink)  
Old 06-14-2007, 12:41 AM
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Sep-02
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Regal22 is on a distinguished road
Default Lawsuit against DOL Backlog Center

It is obvious that DOL backlog center is processing cases with utter disregard to FIFO procedures. Some people with priority dates in 2004 or 2005 have obtained their labor certifications, but some people with priority dates in 2001 or 2002 still do not know what is happening to their cases. If we file lawsuit against DOL on their inability to maintain FIFO procedures, what are the chances of success? Their inability to maintain FIFO procedures has brought great misery in lives of the people who stood in line for so many years so patiently.
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  #14 (permalink)  
Old 06-14-2007, 12:44 AM
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satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about
Default it is indeed

It is indeed unfair to the people whose applications are struck in BEC forever. The people who are still stuck in BEC are the very first ones to enter the queue. The BECS are now processing oldest cases now.

My guess is dates are going to move back by september any way and the probability of one getting GC who files in next month before the dates move back is very low.

Most of us here have to get ready for 5 or 6 years on EAD any way.
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  #15 (permalink)  
Old 06-14-2007, 01:13 AM
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senthil1 is infamous around these parts senthil1 is infamous around these parts senthil1 is infamous around these parts senthil1 is infamous around these parts senthil1 is infamous around these parts senthil1 is infamous around these parts senthil1 is infamous around these parts
Default

Why can't you search for preapproved labor to file I485 quickly?

Quote:
Originally Posted by satishku_2000
It is indeed unfair to the people whose applications are struck in BEC forever. The people who are still stuck in BEC are the very first ones to enter the queue. The BECS are now processing oldest cases now.

My guess is dates are going to move back by september any way and the probability of one getting GC who files in next month before the dates move back is very low.

Most of us here have to get ready for 5 or 6 years on EAD any way.
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