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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, 06:36 PM
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Default There is a logic and method to this madness

Many friends are saying USCIS step is illogical or random or a conspiracy to raise funds or advance CIR. I disagee. Below is the reason USCIS made PD's current.



- Basically US DOS has no clue how many applications are "out there" from which countires, how many dependents with each application and PD of each application.

- Due to this so far they have to estimate. They estimated last year that there must be many Indian EB3 pre 4/2001 PD's and thus kept dates stagnant. This didnt turn out to be the case and they wasted visas.

- Now by making everyone current they have all the info they need -not to make just estimate but actual demand details. They will know number of applicants, number of dependants, country and PD.

- SO now they can genuinely set realistic PD. This is good for everyone except those with earlier PD without a LC Approval.

- Now USCIS doesnt have to estimate but has actual numbers to deal with. Therefore we should see improvement in the process.

- This may temp help few ppl whose 485 already filed and pre adjucated just waiting for visa number.

- There is method and reason to this madness. Its just to get actual numbers. They cant go by BEC numbers since many of the LC's are no longer being used.

- So there is method to this madness.
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  #2 (permalink)  
Old 06-14-2007, 06:39 PM
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Quote:
Originally Posted by nozerd
Many friends are saying USCIS step is illogical or random or a conspiracy to raise funds or advance CIR. I disagee. Below is the reason USCIS made PD's current.



- Basically US DOS has no clue how many applications are "out there" from which countires, how many dependents with each application and PD of each application.

- Due to this so far they have to estimate. They estimated last year that there must be many Indian EB3 pre 4/2001 PD's and thus kept dates stagnant. This didnt turn out to be the case and they wasted visas.

- Now by making everyone current they have all the info they need -not to make just estimate but actual demand details. They will know number of applicants, number of dependants, country and PD.

- SO now they can genuinely set realistic PD. This is good for everyone except those with earlier PD without a LC Approval.

- Now USCIS doesnt have to estimate but has actual numbers to deal with. Therefore we should see improvement in the process.

- This may temp help few ppl whose 485 already filed and pre adjucated just waiting for visa number.

- There is method and reason to this madness. Its just to get actual numbers. They cant go by BEC numbers since many of the LC's are no longer being used.

- So there is method to this madness.
I agree with you .If USICS want to make money they can wait another month and had opened the Gates where they can cash 3 time more what they are getting now . It helps lot of people i can say 90 % who are struggling ..For all those whose applications are pending at BEC its a Risk and reward not to use the PERM when they opened 2 years back
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  #3 (permalink)  
Old 06-14-2007, 06:52 PM
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The apps currently in BEC have all earlier priority dates than PERM. So hopefully when 485 cases are dealt with, it is by priority.
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  #4 (permalink)  
Old 06-14-2007, 07:05 PM
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Default Can your logic explain--Why they did not "C" on June

Can your logic explain--Why they did not do a "C" on June Visa Bulletin.

But they did a "C" in July Visa bulletin ?

Quote:
Originally Posted by royus77
I agree with you .If USICS want to make money they can wait another month and had opened the Gates where they can cash 3 time more what they are getting now . It helps lot of people i can say 90 % who are struggling ..For all those whose applications are pending at BEC its a Risk and reward not to use the PERM when they opened 2 years back
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  #5 (permalink)  
Old 06-14-2007, 07:11 PM
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Default more to it than just logic

I agree that there is logic of numbers but I also think there is more to it. They are trying to generate money by doing this, they might have done this for july not august because then it would have become too obvious.
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  #6 (permalink)  
Old 06-14-2007, 10:18 PM
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Default

Actually I would argue the opposite.

If you believe this will retrogress further after Sep USCIS may loose money under new system.

You may ask why.

EAD and AP under old system have a separate fee and the fee is payable annually for renewal. Hower under new fee system AP & EAD fees are included in the 485 application and there is no additional charge for renewal.

So I havent done the exact breakeven math but I would think anyone doing EAD and AP renewal more than a couple of yrs may actually benefit with the new fees.

Per new fee schedule. you may $ 930 upfront but its a 1 time fee including 485, AP and EAD as part of package plus no fee for extensions. If I had a choice I would voluntarily go with new fee system, but I filed today so had to go with old fee structure.

Last edited by nozerd; 06-14-2007 at 10:23 PM.
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  #7 (permalink)  
Old 06-14-2007, 10:32 PM
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Quote:
Originally Posted by chanukya
Can your logic explain--Why they did not do a "C" on June Visa Bulletin.

But they did a "C" in July Visa bulletin ?
well continuing the 'method in madness' argument. They moved the dates by quite a bit in june. My guess is they looked at all the AOS applications filed in june and determined they will still have visas left at the end of the year, so they were probably left with the task of trying to guess a new date that will fully utilize the quota. They (thankfully) decided to open the flood gate. Observe how they say they will retrogress again in sept that makes perfect sense also

july they will get the appplications but they cannot retrogress august because august numbers are released in mid july so they wont have a good estimate by mid july . They will know exactly where they are by end of july and mid aug announcement will be a retrogressed visa date.

Last edited by gcny2006; 06-14-2007 at 10:44 PM.
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  #8 (permalink)  
Old 06-14-2007, 10:34 PM
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Default Cant believe this non sense

There are people who waited from 2001 for the dates and there are pepople who got the LC in May 07...both can apply EAD the same time...what kind of non sense is this??...and only 2 people in the DOS know about the movement of this dates....so these 2 people have scre** the lifes of so many people from 2001...

This is just the hieght of the broken system.....bunch of nonsense...I cant believe this is happening in US..
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  #9 (permalink)  
Old 06-14-2007, 11:10 PM
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Default

As a 2001 applicant myself I was also at first confused at hurt. But I have kinda become immune to it by now. There are many injustices we faced.

1) Labor Cert: What took me 4 yrs took my collegue with same job 1 week to get in PERM.

2) Labor Cert (continued): My collegue, same position, same country with later PD has got his GC already because company filed for him in IL whereas they filed for me in TX.

3) Again my collegue from Pak with later PD already has GC. He got it because of his country of birth. If that is not discrimination what is ?

But when I think of my situation today. Its better than 2 months ago when I couldnt even file 485. So live and let live.

Older PD ppl will be at advantage when dates retrogress in Sep.
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  #10 (permalink)  
Old 06-14-2007, 11:47 PM
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Default

Does anyone know which Noble Laurate drunkard makes these shots regarding dates of retrogression? There has to be some reasoning something mean about it right?

Quote:
Originally Posted by pani_6
There are people who waited from 2001 for the dates and there are pepople who got the LC in May 07...both can apply EAD the same time...what kind of non sense is this??...and only 2 people in the DOS know about the movement of this dates....so these 2 people have scre** the lifes of so many people from 2001...

This is just the hieght of the broken system.....bunch of nonsense...I cant believe this is happening in US..
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  #11 (permalink)  
Old 06-15-2007, 01:00 AM
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Quote:
Originally Posted by nozerd
As a 2001 applicant myself I was also at first confused at hurt. But I have kinda become immune to it by now. There are many injustices we faced.

1) Labor Cert: What took me 4 yrs took my collegue with same job 1 week to get in PERM.

2) Labor Cert (continued): My collegue, same position, same country with later PD has got his GC already because company filed for him in IL whereas they filed for me in TX.

3) Again my collegue from Pak with later PD already has GC. He got it because of his country of birth. If that is not discrimination what is ?

But when I think of my situation today. Its better than 2 months ago when I couldnt even file 485. So live and let live.

Older PD ppl will be at advantage when dates retrogress in Sep.
You never know..they approve lot of GC in 3 months
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  #12 (permalink)  
Old 06-18-2007, 08:31 PM
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Default

As a 2002 applicant, I have also become somewhat immune to the system. I have a friend whose GC was filed months after mine was. His case ended up in DBEC and got the labor approved in 2005 before retrogression hit and got his GC in mid-2006. Whereas my cases (along with some other cases I know) ended up in PBEC. I got my labor in Nov 2006. The law firm took its own sweet time. Now I am waiting for 140/485 to clear.

So the wait continues. I generally hope things are sequentially. But I have seen it more than once that its not. So I wouldn't be surprised if ppl who got PERM approved in 2007 end up with a GC by end of the year.

But life isn't fair always .....

Quote:
Originally Posted by nozerd
As a 2001 applicant myself I was also at first confused at hurt. But I have kinda become immune to it by now. There are many injustices we faced.

1) Labor Cert: What took me 4 yrs took my collegue with same job 1 week to get in PERM.

2) Labor Cert (continued): My collegue, same position, same country with later PD has got his GC already because company filed for him in IL whereas they filed for me in TX.

3) Again my collegue from Pak with later PD already has GC. He got it because of his country of birth. If that is not discrimination what is ?

But when I think of my situation today. Its better than 2 months ago when I couldnt even file 485. So live and let live.

Older PD ppl will be at advantage when dates retrogress in Sep.
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  #13 (permalink)  
Old 06-18-2007, 08:41 PM
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Default

Quote:
Originally Posted by nozerd
Actually I would argue the opposite.

If you believe this will retrogress further after Sep USCIS may loose money under new system.

You may ask why.

EAD and AP under old system have a separate fee and the fee is payable annually for renewal. Hower under new fee system AP & EAD fees are included in the 485 application and there is no additional charge for renewal.

So I havent done the exact breakeven math but I would think anyone doing EAD and AP renewal more than a couple of yrs may actually benefit with the new fees.

Per new fee schedule. you may $ 930 upfront but its a 1 time fee including 485, AP and EAD as part of package plus no fee for extensions. If I had a choice I would voluntarily go with new fee system, but I filed today so had to go with old fee structure.
If someone thinks that they benefit by paying $930 upfront then they should just wait for the next bulletin before filing. That was if August stays current you file under the new system. Otherwise just go ahead and use the old system. Do you think that this is a bad or good idea?
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  #14 (permalink)  
Old 06-18-2007, 08:45 PM
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Default

Quote:
Actually I would argue the opposite.

If you believe this will retrogress further after Sep USCIS may loose money under new system.

You may ask why.

EAD and AP under old system have a separate fee and the fee is payable annually for renewal. Hower under new fee system AP & EAD fees are included in the 485 application and there is no additional charge for renewal.

So I havent done the exact breakeven math but I would think anyone doing EAD and AP renewal more than a couple of yrs may actually benefit with the new fees.

Per new fee schedule. you may $ 930 upfront but its a 1 time fee including 485, AP and EAD as part of package plus no fee for extensions. If I had a choice I would voluntarily go with new fee system, but I filed today so had to go with old fee structure.

I think I would have to agree with you,I might be wrong, I dint look into the details of the fee increase.
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  #15 (permalink)  
Old 06-18-2007, 08:51 PM
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My labor being backlogged at the BEC, what I'm going through is very painful. Oftentimes, trying to justify whatever happens happens for the greater good does not work - especially when one is part of a minority. Whoever proposed the utalitarian school of thinking...
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