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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 01-05-2010, 11:31 AM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
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Posts: 562
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Default

Quote:
Originally Posted by gc_on_demand View Post
According to me there are some left over visas from Eb1 , Eb4 and Eb5 available that can go to Eb2 india and china. ( I presume those are 10- 15 k) but DOS is holding them for annual spill over. some visas out of those can be consumed by Eb2 row with their ongoing demand.

Only thing is suspicious to me is USCIS may have lots of pending applications at local offices and they are not counting them in this report. So large portion of visas are consumed by them while we see small consume from this report.
DOS is not doing quarterly spill over per law. If they do, we should see a siginificant movement in EB-2. This would allow many to apply for I-485 and also hopefully get their GC by the end of the fiscal year.
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  #32 (permalink)  
Old 01-05-2010, 11:35 AM
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
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Default Wait Till last Quarter !

Quote:
Originally Posted by sachug22 View Post
It did not go up but when down from 19240 to 18847, primarily due to cross-chargeablity, rejection and withdraws.
I think we will have to wait till the last quarter possibly the Aug VB to see things unfolding till then we will have to wait. But there is a real chance of the dates for EB2-I moving to late 2007. Can somebody advise what happened to the 10K FB numbers that were going to be moved over to EB, they are very significant for all of us. Also we might see the pre-filing or the 485 2 step process being implemented is there any news on this?
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  #33 (permalink)  
Old 01-05-2010, 11:49 AM
Senior Member
Priority Date
:
Jun-06
Category
:
EB3
I140 Mailed Date
:
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:
India
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:
I-485
I485 Mailed Date
:
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Join Date: Mar 2007
Posts: 643
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Default may be the

Quote:
Originally Posted by gchyd View Post
The new numbers for pending under EB3-I doesn't make any sense. Why are we seeing more reduction (1733 to 388) on the newer cases (2004-2009) than the older cases (prior to 2003)?

Old Report (Sep-2009) New Report (Dec-2009)
1997 1 11
1998 25 18
1999 19 15
2000 50 21
2001 1630 1511
2002 8313 8155
2003 12503 12422
Total (1997-2003) 22541 22153
Difference 388

2004 14734 14237
2005 9059 8782
2006 11067 10883
2007 5113 4819
2008 88 0
2009 5 0
Total (2004 - 2009) 40066 38721
Difference 1733

Total (All) 62607 60874
newer ones are denied????
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  #34 (permalink)  
Old 01-05-2010, 11:53 AM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: Aug 2008
Posts: 111
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Default Look at Processing Times

Also If yoy take a look at TSC Processing Time for I-485 it is showing March 26 2009.
and for NSC it still October 26 2007.

Does this means that TSC is done with adjudicating all cases?
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  #35 (permalink)  
Old 01-05-2010, 11:56 AM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/07/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: May 2007
Posts: 51
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Default

What are these numbers?

Are these applications that USCIS has not even touched?
Finger prints not done?
Name Checks not done?
pre-adj and waiting for PD to be current?

I guess my questions is - in USCIS terms "what is the meaning of pending?".
What are the sub-states between pending and approved? Does anyone know the flow?

I was called for i485 interview in Oct 2009. I was told that our application was approvable but for PD.

Does this mean that my application (and my wife) was pending in the last inventory count and not in this inventory count?
I still do not have my GC. My PD is May2004 EB3 (of course). What would be the USCIS status for my case?

My thoughts are that I do not have the complete picture. Reminds me of the Blind Men and Elephant story Please tell me I am wrong.
Someone who has more knowledge, please help and explain these numbers.

Sorry got more questions than answers, Regards,
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  #36 (permalink)  
Old 01-05-2010, 11:59 AM
Administrator
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
05/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Default

Please post your questions about this data on this thread. We will collect those questions and ask USCIS in our next meeting with them. Make sure your questions are detailed and if possible back them up with rule/law/data reference wherever possible.
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Last edited by pappu; 01-05-2010 at 12:59 PM.
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  #37 (permalink)  
Old 01-05-2010, 12:30 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
10/11/2007
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 28
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Default

Quote:
Originally Posted by TeddyKoochu View Post
I think we will have to wait till the last quarter possibly the Aug VB to see things unfolding till then we will have to wait. But there is a real chance of the dates for EB2-I moving to late 2007. Can somebody advise what happened to the 10K FB numbers that were going to be moved over to EB, they are very significant for all of us. Also we might see the pre-filing or the 485 2 step process being implemented is there any news on this?
I think CP cases are not included in this report.If its included then backlokg would be higher than reported.
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  #38 (permalink)  
Old 01-05-2010, 01:14 PM
Senior Member
Priority Date
:
Jun-06
Category
:
EB3
I140 Mailed Date
:
07/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 220
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Default I guess It's due to multiple I485/I140 applications

I guess It's due to multiple I485/I140 applications.
For example. My friend's EB3 approved with PD JUL-2006 because his another EB2 I140 approved in OCT-2009 with PD 2004. He never applied I485 for his EB2 I140. He got his EB3 approval before his Eb3 date goes current.

I think there are many cases with this situation with multiple application so there are very good chances that EB3 numbers will move faster than expected.


Quote:
Originally Posted by gchyd View Post
The new numbers for pending under EB3-I doesn't make any sense. Why are we seeing more reduction (1733 to 388) on the newer cases (2004-2009) than the older cases (prior to 2003)?

Old Report (Sep-2009) New Report (Dec-2009)
1997 1 11
1998 25 18
1999 19 15
2000 50 21
2001 1630 1511
2002 8313 8155
2003 12503 12422
Total (1997-2003) 22541 22153
Difference 388

2004 14734 14237
2005 9059 8782
2006 11067 10883
2007 5113 4819
2008 88 0
2009 5 0
Total (2004 - 2009) 40066 38721
Difference 1733

Total (All) 62607 60874
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  #39 (permalink)  
Old 01-05-2010, 01:24 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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Default

Quote:
Originally Posted by vin13 View Post
DOS is not doing quarterly spill over per law. If they do, we should see a siginificant movement in EB-2. This would allow many to apply for I-485 and also hopefully get their GC by the end of the fiscal year.
I agree they are not doing Quarterly spillover. Ironically however, for those waiting to file 485s, I think the rush they create at the end is helpful. Were it not for that, then their panicked reversal, and then the re-reversal in 2007, many currently pending adjustees would not have been at this stage.
By moving dates so erratically, they mess up their work flow, but also allow later PD filers to enter the queue. Those affected most negatively tend to be those with older PDs as their cases do not then get the attention they deserve(ie the USCIS has enough low hanging fruit to fill up the annual quota).
I have said all along, that IV should address the issue of quarterly spillover with them in one of their meetings. It is the law, and they acknowledged this it in the last visa bulletin.
Quarterly spillover makes for smoother PD movement and a more fair/by the law allocation of visas. Though end of year spillover beats visa wastage which used to be the old norm, it is not ideal IMHO.

Last edited by alterego; 01-05-2010 at 01:26 PM.
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  #40 (permalink)  
Old 01-05-2010, 01:35 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
05/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Aug 2007
Posts: 97
sushilup is a glorious beacon of light sushilup is a glorious beacon of light sushilup is a glorious beacon of light sushilup is a glorious beacon of light sushilup is a glorious beacon of light
Red face EB2 Change

EB2 India cases reduced to approx. 1000 from 7000 until 2004. If there was enough approval then numbers for 2010 might have been already used for this category.

There will not be any movement until spill over starts again.

Any comment on above.
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  #41 (permalink)  
Old 01-05-2010, 01:41 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
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Default

Quote:
Originally Posted by pappu View Post
Please post your questions about this data on this thread. We will collect those questions and ask USCIS in our next meeting with them. Make sure your questions are detailed and if possible back them up with rule/law/data reference wherever possible.
If there is quaterly spill over...for EB2 it would be more/less current and it would allow lots of people to file I-485. Since its already a law, IV should do something on this...
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  #42 (permalink)  
Old 01-05-2010, 01:47 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Jul 2007
Posts: 562
vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute
Default

Quote:
Originally Posted by sushilup View Post
EB2 India cases reduced to approx. 1000 from 7000 until 2004. If there was enough approval then numbers for 2010 might have been already used for this category.

There will not be any movement until spill over starts again.

Any comment on above.
The old report did not contain all the visas issued during the end of 2009. A large portion of the difference you see is most likely visas issued at the end of 2009.
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  #43 (permalink)  
Old 01-05-2010, 01:53 PM
Senior Member
Priority Date
:
Sep-07
Category
:
EB2
I140 Mailed Date
:
03/20/2009
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2008
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Default pushed off for six months

Quote:
Originally Posted by TeddyKoochu View Post
I think we will have to wait till the last quarter possibly the Aug VB to see things unfolding till then we will have to wait. But there is a real chance of the dates for EB2-I moving to late 2007. Can somebody advise what happened to the 10K FB numbers that were going to be moved over to EB, they are very significant for all of us. Also we might see the pre-filing or the 485 2 step process being implemented is there any news on this?
As per The Oh Law Firm website of article 12/06/2009: USCIS New Semi-Annual Rule Making Agenda

Note : Can see the info at arhcive section

Termination of I-140/I-485 concurrent filing system and adoption of pre-registration system for I-485 applications: Initially this proposed rule was scheduled to release in December 2009, but the plan has been pushed off for six months. The new plan considers release of this proposed rule in June 2010.
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  #44 (permalink)  
Old 01-05-2010, 02:04 PM
Senior Member
Priority Date
:
May-08
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
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Posts: 117
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Default

Quote:
Originally Posted by letstalklc View Post
As per The Oh Law Firm website of article 12/06/2009: USCIS New Semi-Annual Rule Making Agenda

Note : Can see the info at arhcive section

Termination of I-140/I-485 concurrent filing system and adoption of pre-registration system for I-485 applications: Initially this proposed rule was scheduled to release in December 2009, but the plan has been pushed off for six months. The new plan considers release of this proposed rule in June 2010.
If this rule comes then can a employee get a EAD?
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  #45 (permalink)  
Old 01-05-2010, 02:13 PM
Senior Member
Priority Date
:
Sep-07
Category
:
EB2
I140 Mailed Date
:
03/20/2009
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
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Posts: 252
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Default I am not sure

Quote:
Originally Posted by anu_t View Post
If this rule comes then can a employee get a EAD?
I am really not sure about it and have not seen any clear details on this, I think we have to wait and see how they are gonna come up with this.
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