EB-2 Retrogression

APD said:
Answer to both your questioons - YES.
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But I was under the impression that for people effected by EB3 retrogression, cannot apply for I 485 as yet and can only file I 140, so how will they get their EAD? Am I missing something here?

Please clarify, if you get a chance.
 
njrirlabor said:
But I was under the impression that for people effected by EB3 retrogression, cannot apply for I 485 as yet and can only file I 140, so how will they get their EAD? Am I missing something here?

Please clarify, if you get a chance.
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If you wrere able to apply for 485 before retrogression came in to effect then you could apply EAD and keep renewing it till your 485 is adjudicated. But if you are not ale to apply for 485 because of retrogression thaen you can not apply for EAD and the only option you have is to keep extending your H1.

Good Luck.
 
The only positive hope in this entire retrogression process is using the Visa numbers that were not used in 2000-2004. If there is any possibility that other coutry numbers that are not used are available, and USCIS releases those numbers in the near or far futre in the next 24 months, then probably dates my become current, otherwise employement based visas also will have the visa dates as family based GC's are now. like dating back to half a decade. Sad but thats what may happen until America really needs foreign workers and the economy here booms up.
 
Really here!!!

People now a days are only talking about PERM and EB2 retrogression. 2 hot things I suppose. Its becoming all very well clear that EB2 dates would also retrogress with onset of PERM.
 
abzy2004 said:
:).. I guess both are related... it seems to be a queue everywhere. With LC approved and concurrent filing allowed for I-140/I-485, a number will be taken once you apply for I-485 as I think EB3 folks are not allowed to 'apply' for I-485/CP till new numbers become available. So it's right that if I-485 speeds up, they will run out of numbers sooner. if LC speeds up, they will have more applications to fill up the queue as well.. Anyway.. that's all I can fit in my measly brains..
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Well this is where the picture gets grey.
According to my understanding the "A" number is not allocated until your I-485 is adjudicated. And that is why if your 485 petition is filed but your priority dates are not current then your 485 will not be picked up for adjudication as the "A" number will not be available for your priority date.

This leads to the discussion that why cant the INS just take all the application for 485 irrespective of the priority date and just hold it until the dates become current. This way the Alien can atleast make use of the EAD and AP options instead of languishing with the same employer and keep extending the H1 beyond 6-7-8-9 years waiting for the priority dates to become current to file 485.

I guess the INS wants to stop taking application altogather so that they dont have to deal with so many filings which wont be adjudicated as such in the near future. But someone has to bring it to light to INS that this way the Alien get effected in a bad way. Atleast they should then give a way for such people to get the EAD/AP in another way.

neocor
 
May this is a good point from our perspective. But don't know how the Attorney community feels about it or how the American community react about it.

Can we submit any petition with this point.
 
knowDOL said:
The only positive hope in this entire retrogression process is using the Visa numbers that were not used in 2000-2004. If there is any possibility that other coutry numbers that are not used are available, and USCIS releases those numbers in the near or far futre in the next 24 months, then probably dates my become current, otherwise employement based visas also will have the visa dates as family based GC's are now. like dating back to half a decade. Sad but thats what may happen until America really needs foreign workers and the economy here booms up.
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Bingo. This is what happened when the priority dates retrogressed last time in 2000 for both EB-3 and EB-2 catagories. The priority dates only became current in July 2001 because of certain provisions in the AC21 law that allowed for the reallocation of about 50,000 unused immigrant visa numbers regardless of a person's country of origin. I am not sure whether this required any special approval from congress.

I strongly feel that we should take some intiative ( may be file a petition) to request USCIS (or the Congress) to release unused visa numbers from other countires.

Anyone interested ?
 
Retrogression Update

Visa Numbers Move in April 2005
Posted Apr 08, 2005
©MurthyDotCom

The April 2005 Visa Bulletin, issued by the U.S. Department of State (DOS), brought some limited good news to those in the Employment-Based Third Preference (EB3) skilled / professional worker category. The news was not good for those in the EB3 "Other Worker" category. Those readers unfamiliar with the topic of retrogression, will find helpful information in our September 24, 2004 MurthyBulletin article, Priority Dates May Retrogress, as well as our December 10, 2004 NewsFlash, Employment Visa Numbers Retrogress, both available on MurthyDotCom.

EB2 Professionals with Advance Degrees / Exceptional Ability

For the time being, the priority dates in the Employment-Based Second Preference (EB2) category remain current. However, there does remain a very realistic possibility that these numbers could also retrogress due to demand outstripping availability over the next few months.
 
cont.. from APD

The priority date for EB3 skilled / professional workers from mainland China, India, and the Philippines moved ahead to April 1, 2002. This means that those charged to those countries in the EB3 skilled / professional worker category, who are the beneficiaries of labor certifications or labor certification-exempt I-140 petitions filed before April 1, 2002, are eligible to file the I-485 application to adjust status or pursue consular processing during the month of April 2005. Additionally, persons in this category with priority dates that are now current, who have already filed the I-485 but found their cases "on hold" due to retrogression, now once again are eligible for case approval. All countries other than India, mainland China, and the Philippines remain "current" for the EB3 skilled / professional worker category. This means that there are sufficient visa numbers available for all priority dates for those nationals at this time.
 
EB2 Retrogression Expected in late FY2006

Source: Murthy.com Bulletin
Retrogression Predictions

A senior level official from the U.S. Department of State (DOS), Mr. Charles Oppenheim, primarily responsible for retrogression and priority dates, shared his predictions of the movement of visa numbers and retrogression for the upcoming fiscal year. The DOS is responsible for tracking visa number usage and availability, and releasing the monthly Visa Bulletin that indicates visa number availability based on priority dates. Readers unfamiliar with retrogression should review our September 24, 2004 MurthyBulletin article, Priority Dates May Retrogress, and our December 10, 2004 NewsFlash, Employment Visa Numbers Retrogress!, both available on MurthyDotCom.

EB2 Retrogression Expected in FY2006

Mr. Oppenheim indicated that, based on currently available data, he believes the Employment-Based Second Preference (EB2) category for certain members of the professions holding advance degrees or persons of exceptional ability will not likely retrogress for the remainder of the current fiscal year. He does expect retrogression to occur in EB2 for nationals of mainland China and India starting sometime in fiscal year (FY) 2006 (October 1, 2005 through September 30, 2006). The predicted EB2 retrogression is not expected until the latter half of FY2006. The affected countries will likely only be India and mainland China, not the Philippines in the EB2 category.
 
Hir Ra_Ram,

What is the date of this Murthy Bulletin ?

ram_ram said:
Source: Murthy.com Bulletin
Retrogression Predictions

A senior level official from the U.S. Department of State (DOS), Mr. Charles Oppenheim, primarily responsible for retrogression and priority dates, shared his predictions of the movement of visa numbers and retrogression for the upcoming fiscal year. The DOS is responsible for tracking visa number usage and availability, and releasing the monthly Visa Bulletin that indicates visa number availability based on priority dates. Readers unfamiliar with retrogression should review our September 24, 2004 MurthyBulletin article, Priority Dates May Retrogress, and our December 10, 2004 NewsFlash, Employment Visa Numbers Retrogress!, both available on MurthyDotCom.

EB2 Retrogression Expected in FY2006

Mr. Oppenheim indicated that, based on currently available data, he believes the Employment-Based Second Preference (EB2) category for certain members of the professions holding advance degrees or persons of exceptional ability will not likely retrogress for the remainder of the current fiscal year. He does expect retrogression to occur in EB2 for nationals of mainland China and India starting sometime in fiscal year (FY) 2006 (October 1, 2005 through September 30, 2006). The predicted EB2 retrogression is not expected until the latter half of FY2006. The affected countries will likely only be India and mainland China, not the Philippines in the EB2 category.
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Latest Retrogression Prediction

Souce: immigration-law.com

04/15/2005:
State Department Informal Prediction of Employment-Based Prioriy Date Retrogression in FY 2005 and FY 2006

* The following information has been provided to the AILA in the form of Q&A:

* FY 2005 Retrogression Until 09/30/2005:

o EB-1: Current
o EB-2: Current
o EB-3: Remain where it is now, meaning that India, China, and Filipino priority date will move slow and not become current. Worldwide will remain current.
o EB-3 (Other Workers): Unavailable.

* FY 2006 Retrogression (10/01/2005 - 09/30/2006):

o EB-1: China and India may be oversubscribed and experience retrogression. Filipino and worldwide will remain current.
o EB-2: China and India may be oversubscribed and experience retrogression. Filipino and worldwide will remain current.
o EB-3: Slow movement of cut-off dates for China and India or in the worst case may retrogress further, depending on the pace of the USCIS I-485 backlog reduction speed. There is no specific pediction for the worldwide category, but no one will be surprised to see some level of oversubscription in some distant future as well.

* Overall, the prediction of the employment-based immigrant visa availability is grim. People should pay more attention to preserving their precious priority dates.
* (courtesy of AILA)
 
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