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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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  #31 (permalink)  
Old 12-10-2009, 07:46 PM
Senior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
09/18/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 583
Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute
Smile yeah...

I want to shout very loud....but, I'm in office....so I can only shout here... AAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHHHH HHHHHAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHA .... Just took a breath .. Shouting continues... ... AAAAAAAAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHHHHHHH H so is our life
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  #32 (permalink)  
Old 12-10-2009, 07:48 PM
Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/12/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jun 2009
Posts: 25
anyluck? is an unknown quantity at this point
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I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.
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  #33 (permalink)  
Old 12-10-2009, 07:54 PM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
12/17/2008
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 81
supers789 has a spectacular aura about supers789 has a spectacular aura about
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I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....
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  #34 (permalink)  
Old 12-10-2009, 07:57 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
06/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
Compare
Join Date: Feb 2006
Posts: 145
hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute
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Quote:
Originally Posted by anyluck? View Post
I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.
What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?
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  #35 (permalink)  
Old 12-10-2009, 08:00 PM
Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/12/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jun 2009
Posts: 25
anyluck? is an unknown quantity at this point
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Repenting that i miised the chance, and should have applied at that time.
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  #36 (permalink)  
Old 12-10-2009, 08:12 PM
Senior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Sep 2008
Posts: 129
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Default

Quote:
Originally Posted by anyluck? View Post
Repenting that i miised the chance, and should have applied at that time.
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.

If it is any solace, you actually did not miss the boat!
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  #37 (permalink)  
Old 12-10-2009, 08:20 PM
Senior Member/Moderator
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
10/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/01/2011
Compare
Join Date: Sep 2009
Posts: 1,512
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Default Jul 07 ...

Quote:
Originally Posted by hibworker View Post
What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.

Last edited by TeddyKoochu; 12-10-2009 at 08:23 PM.
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  #38 (permalink)  
Old 12-10-2009, 08:27 PM
Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/12/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jun 2009
Posts: 25
anyluck? is an unknown quantity at this point
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@TeddyKoochu

You are right. Good my reply getting some more replies
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  #39 (permalink)  
Old 12-10-2009, 08:27 PM
Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
02/15/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2009
Posts: 58
red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts
Default

I missed the july fiasco by 15 days. Atleast if we get the administrative fix to apply atleast 485. That would help us a lot, after labor if we are allowed to apply for 485 within a specific timeframe it would be nice.
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  #40 (permalink)  
Old 12-10-2009, 08:28 PM
Senior Member/Moderator
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
10/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/01/2011
Compare
Join Date: Sep 2009
Posts: 1,512
TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute TeddyKoochu has a reputation beyond repute
Default You may get this year

Quote:
Originally Posted by supers789 View Post
I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....
I think with a little luck you may cross the line this year, it maybe a close shave or a diving effort, all the best and best wishes. Maybe 2010 is the year for you.
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  #41 (permalink)  
Old 12-10-2009, 08:31 PM
Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
02/15/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2009
Posts: 58
red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts red200 is infamous around these parts
Default

IV can you please shed the light on this. EAD is a step closer Greencard. One will eventually get one. Even when some one is waiting on EAD he/she almost have all the benefits of GC except to renew each time
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  #42 (permalink)  
Old 12-10-2009, 08:40 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
06/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
Compare
Join Date: Feb 2006
Posts: 145
hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute
Default

Quote:
Originally Posted by willIWill View Post
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.

If it is any solace, you actually did not miss the boat!
I agree. I applied for I-485 and was single at that time. Now I am married and still on H1-B. Nothing has changed for me (as far as immigration is concerned. ;-) )
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  #43 (permalink)  
Old 12-10-2009, 09:36 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
08/25/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/25/2005
Compare
Join Date: Jul 2006
Posts: 684
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It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
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  #44 (permalink)  
Old 12-10-2009, 10:06 PM
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
07/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/27/2007
Compare
Join Date: Jun 2007
Posts: 38
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Quote:
Originally Posted by gc_on_demand View Post
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
If they are saying if spillover is used they would ensure eb2 I & C would have same PD dates. Since eb2 C is may 05 and for eb2 I to reach that date ( may 05) it would need at least 4k spillover visas...i think till then they would not a lot any spill over visas (1st 4k) to eb2 c .. and from that date onwards the spill over visas would be shared between I & C.
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  #45 (permalink)  
Old 12-10-2009, 10:21 PM
Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
11/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2007
Compare
Join Date: Aug 2006
Posts: 84
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If i have to interpret that - once EB2I and EB2C start having the same priority dates thats when spillover has started happening, then past years records show the following

In 2009 - this was first evident in the Jul 09 Bulletin
In 2008 - this was first evident in the Apr 08 Bulletin
In 2007 - This was evident in the fiasco bulletin of Jul 07

I dont think quarterly spillovers ever happen, Jan to Apr 2010 is going to see slow progress in dates as per their projections. May 2010 bulletin may show some changes.

Unless ofcourse Magic happens
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