Retrogression from 2002 to 1998,OH NO.DAMN IT.

[OKKADU_2005]

Hello All, We have to do something in writing letters / taking help from reputed immigration attorney's who work for USCIS or close to dealing with these immigration laws / form group within us and fight agains USCIS.

This is totally ridiculous,bizarre situation,nonsensical,preposterous,outrageously change in the rule.Why the hell did they moved the PD from 2002 to Jan 01 1998.Are they USCIS nuts.

ATTORNEYS / INDIAN IMMIGRATION LAWERS, PLEASE HELP US IN FIGHTING WITH THIS ISSUE.DO SOMETHING TO SAVE ALL OF US HERE.

[bluedevilfan]

i am not a lawyer and know nothing of what actually happened. i am just using my logic based on the info i saw from this bulletin and am trying to make an educated guess why it makes sense to CIS.

Logically, i think CIS processed I-485 in the order by which time these applications arrived and may think they have cleared up PD up to 2002.

However, many people took different routes for LC and I-140 and spent different length of time to get them approved. Then someone who started his LC in 2000 but could not get approved until 2004 or 2005 (despite how rare that type of cases is) has his/her I-485 shown up at CIS desk now that CIS had no previous knowledge about.

Before visa number is an issue, as long as CIS could proess 485 applications for both the early guy and late guy, the 485 queue order is not an issue.

now with the visa number in play, the CIS might look at the case and say it is unfair for the unlucky early guys to queue in the I-485 process behind the lucky guys who started LC later but got approved earlier and thus filed 485 earlier and may not get the GR because the visa number problem.

So now the new rules becomes if both the early guy and late guy file the 485, the CIS will take care of the early guy first before turning to the late guy.

Is that what happened? i do not know but do think this scenario makes sense. Any more informed visitor is welcome to correct me.

[concorde]

Originally Posted by bluedevilfan

i am not a lawyer and know nothing of what actually happened. i am just using my logic based on the info i saw from this bulletin and am trying to make an educated guess why it makes sense to CIS.

Logically, i think CIS processed I-485 in the order by which time these applications arrived and may think they have cleared up PD up to 2002.

However, many people took different routes for LC and I-140 and spent different length of time to get them approved. Then someone who started his LC in 2000 but could not get approved until 2004 or 2005 (despite how rare that type of cases is) has his/her I-485 shown up at CIS desk now that CIS had no previous knowledge about.

Before visa number is an issue, as long as CIS could proess 485 applications for both the early guy and late guy, the 485 queue order is not an issue.

now with the visa number in play, the CIS might look at the case and say it is unfair for the unlucky early guys to queue in the I-485 process behind the lucky guys who started LC later but got approved earlier and thus filed 485 earlier and may not get the GR because the visa number problem.

So now the new rules becomes if both the early guy and late guy file the 485, the CIS will take care of the early guy first before turning to the late guy.

Is that what happened? i do not know but do think this scenario makes sense. Any more informed visitor is welcome to correct me.

I think you are bang on target. I had posted my opinion earlier, please read - http://boards.immigration.com/showpo...7&postcount=34

[Shaf]

Even if that is the case ... USCIS woke up too late!!!

It's like they woke up one fine morning and decided "hey, i'm gonna be a good boy from today" ... out goes the window the fact that till yesterday they were busy with w w w. They let TOO MANY lucky guys pass without any consideration of the numbers ... well, i'm not griping that those people passed through, but because they didn't check their numbers in time, now there are too many UNLUCKY GUYS stuck with legitimate Priority dates. Had they made their points clear and enforced the retrogession earlier and moved the dates gradually, everyone would be fairly treated and happy.

They suck!!! That's all I can say ...

[concorde]

Originally Posted by Shaf

Even if that is the case ... USCIS woke up too late!!!

It's like they woke up one fine morning and decided "hey, i'm gonna be a good boy from today" ... out goes the window the fact that till yesterday they were busy with w w w. They let TOO MANY lucky guys pass without any consideration of the numbers ... well, i'm not griping that those people passed through, but because they didn't check their numbers in time, now there are too many UNLUCKY GUYS stuck with legitimate Priority dates. Had they made their points clear and enforced the retrogession earlier and moved the dates gradually, everyone would be fairly treated and happy.

They suck!!! That's all I can say ...

I agree with your frustration; almost all of us are. But USCIS are not the real culprits here enventhough I agree that they are in a huge mess which they are trying to cleanup. It is the LC stage that has screwed us up badly. Let's assume this happy day scenario -
A guy applied for an LC in 2003 Jan and got it approved in say 2 months. Then he filed for 140 & 458 in April '03. Now, the guy doesn't really care (and it does not makae a huge difference) if the 485 approval took 1 year or 1.5 years or 2 years. The guy gets an EAD following which in a worst case scenario he can change his job if he is about to lose it.

But guess what, we have tons of LC applications applied way back in 2001 that have not seen daylight... not even OPENED! .. !!. This is totally unacceptable. I think DOL is the major culprit here as they failed to keep approving a steady stream of LCs in a uniform manner. In my opinion the entire immigration system (for employment based) should be seen as a whole to spot the defects and streamline it. Right from when the application is filed to the stage where the green card comes to us it should be one single transparent process. Some people might argue that it might become too monolithic with the immigration application packet becoming monolithic and huge; but it would defintely be a better alternative to the mess today.

[concorde]

This further underscores the magnitude of the problem -

http://pubweb.fdbl.com/news1.nsf/9ab...5?OpenDocument

The BECs are themselves affected by this mess now; the very mess they were established to solve/clear.