EB2 retrogression
- Thread starter iplayfun
- Start date
Actual PERM approval notice taking time
Well one is BS+5 and the other MS+1.
And yes one more info that is very critical with the short time available (if EB2 is going to get retrogressed in Sept).
Although they have got the information that the PERM Labor is approved, they are yet to get the actual approval notice. Its been more than 2 weeks now for one.
I heard this is normal with PERM, you get the approval fast but the actual notice takes time, dont know why is that, you probably want to read more in the PERM related threads.
Without the actual notice you cannot file the 140 or 485.
maxblacks said:
Well one is BS+5 and the other MS+1.
And yes one more info that is very critical with the short time available (if EB2 is going to get retrogressed in Sept).
Although they have got the information that the PERM Labor is approved, they are yet to get the actual approval notice. Its been more than 2 weeks now for one.
I heard this is normal with PERM, you get the approval fast but the actual notice takes time, dont know why is that, you probably want to read more in the PERM related threads.
Without the actual notice you cannot file the 140 or 485.
knowDOL said:
Thank you knowDOL,
I called up once to the Atlanta PERM help desk, they said that it is dispatched on July 1st, but lot of people say it will take 2 weeks time before we actually receive, but in my case it more than that.
Also I made a move to group people who are waiting for certified copy in this forum
http://www.immigrationportal.com/showthread.php?t=180843&page=4
But all seems to be still waiting, no one posted other than Sairam they recieved the copy. My employer says
, we should wait some more time.I don't know what to do.
EB-2 Retrogression - query
Hi guys,
I am not sure how the Retrogression process works.
This is what my question..if i apply for PERM on August 15 and get approved on September 15 ,and then say the State Department announces that EB2 is Retrogressed on September.Will I be in this case would not able to file I-140/485?
Thanks for your help in clearing it
Ram
Hi guys,
I am not sure how the Retrogression process works.
This is what my question..if i apply for PERM on August 15 and get approved on September 15 ,and then say the State Department announces that EB2 is Retrogressed on September.Will I be in this case would not able to file I-140/485?
Thanks for your help in clearing it
Ram
great guru
Volunteer Moderator
SriRama said:
Your PD is Aug 16, 2005. Suppose your PERM got approved Aug 28th (guess).
Sep Visa bulletin shows EB2 from " C " to 7 Apr 2003 as retrogression.(e.g)
Now you can file your I 140 only, and wait for the date became current (i.e) Aug 16, 2005 to file your I 485. (It may take 2-3 years to become current for your date, that is the reason everybody crying out in this forum)
This data for EB3, EB2 will not go worse than that.
Assumption, you are from India, and PD is March 28, 2005 (PERM or RIR does not matter)
Let us see some historical datas for India
Year Priority Date
95 Nov Current
95 march C
99 March 8 Feb 96
2000 Oct 8 Feb 97
01 Jan 22 march97
Dec 2004 Current
jan 2005 01Jan 02
Apr 05 01 Apr 02
June 05 01 Jun 02
July 05 U
March 95, the date was current , in March 99 it retrogressed to 8 Feb 96
Dec 2004, the date was current, in jan 2005 it retrogressed to 1 Jan 02
June 05, the date was 01 Jun 02, in July 05 it retrogressed (- ) infinity
If it retrogessed certain date, say 1 Jan 02, still you can file your I 485, if your priority date is on or before 30 Dec 2001.
If date is unavailable, it retrogressed to minus infinity.
Suppose you have priority date 1995 (with a substitute labor )and you have I 140 approved, you can not file I 485, until dates are avilble. (See, How much days are retrogressed).
For Your case March 28, 2005, if your LC/I 140 all approved, you may have wait many years before you file your I 485. See historical data for a glance.
Unavailable is worse than retrogression. But, soon "U" become some dates in Oct 2005
Last edited by a moderator:
Will EB2 become current in October after retroggessing in Sept
Guys:
Most impt question is Will EB2 become current in October after retroggessing in Sept if it does rehtrogess in Oct. Because in October another 40,000 numbers will be added and so will it become current at that time. Please answer this question for clarity if you know about this.
Regards
Guys:
Most impt question is Will EB2 become current in October after retroggessing in Sept if it does rehtrogess in Oct. Because in October another 40,000 numbers will be added and so will it become current at that time. Please answer this question for clarity if you know about this.
Regards
Senate Judiciary hearing for "comprehensive immigration reform"
Guys,
Senate Judiciary hearing for comprehensive immigration reform is scheduled on Tuesday, Jul. 26, 2005 9:30 a.m. So come on guys...please..please send emails / letters / fax / make phone calls to your senators as well as senate judiciary members. Our goal is to hit our message to them by Monday. Everyone's effor counts.
Here is the link:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183
Guys,
Senate Judiciary hearing for comprehensive immigration reform is scheduled on Tuesday, Jul. 26, 2005 9:30 a.m. So come on guys...please..please send emails / letters / fax / make phone calls to your senators as well as senate judiciary members. Our goal is to hit our message to them by Monday. Everyone's effor counts.
Here is the link:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183
great guru
Volunteer Moderator
Not necessarily be current in OCt1, 2005, but with some date between 2002 to 2005.vb1 said:
If you see EB3 it retrogressed and finally it became unavilable. So some date is better than unavailable date.
From the past statistics,
2003 or 2004 date is fair guess.
EB2 will retrogress only for India and CHina by September 1st. For October 1st the numbers available for Employement Based GC's will be 140,000/4 = 35,000 (1st quarter). In this the percountry limit is 7% of both (140,000 + 226,000)/4 * 7/100 = 6405. So India and China each will get 6405 numbers for each quarter. If dates retrogress back to just say 2005 Jan by Sep1st 2005 for both India and China, may be there are chances that it may become current for October 1st, but this is all speculatoin and no one know better than Dept of State about this. If it is going to be current in Oct 1st the visa bulletin will indicate that possibility in September Visa bulletin which gets released around August 15th. If this bulletin does not talk about dates becoming current in October for Eb2 for India and China it will not become current. So don't live in hopes and sign the petition.
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Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320
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Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320
Great guru is great
Great guru You are really great. I think you have clarified the response well. Looking at your response EB2 will retrogate mostly (again speculation) by 1 year and mostly will remain around that mark for India and China at least.
Do you any hope for EB2 and EB3 if any of the bills get passed. At least they should have allowed filing EAD in these periods.
Great guru You are really great. I think you have clarified the response well. Looking at your response EB2 will retrogate mostly (again speculation) by 1 year and mostly will remain around that mark for India and China at least.
Do you any hope for EB2 and EB3 if any of the bills get passed. At least they should have allowed filing EAD in these periods.
great guru
Volunteer Moderator
vb1 said:
I do not beleive in bill, by the time it get passed and it became law and people start following the law - after clarification, all of the dates will be current for sure, and we start forgetting the issue soon, until another retogr crop up by 2007
No, only 27.6% of this number (6405) is for EB2 and any numbers not used by EB1. But we are not sure if DOS will calculate these numbers for every quarter or just calculate on need basis like when they get a feel that numbers are used mostly in last quarter and there is huge demand coming up by USCIS so now calculate and establish cutoff dates.
.MainGC said:
Guys,
H1 B quota was :
2000 : 2001 : 2002 : 2003 : 2004 : 2005
65k : 65k : 180k : 180k : 180k : 65k
We know that BECs are somewhere around 2001/2002 that too mostly Regional cases. With this situation itself we have EB3 Unavailable and possible EB2 retro soon.
What will happen when BECs reach 2002 SWA cases also ? Will EB2 and EB3 become Unavailable for 2-3 years for India and China starting from 2006 ?
Any guesses....
H1 B quota was :
2000 : 2001 : 2002 : 2003 : 2004 : 2005
65k : 65k : 180k : 180k : 180k : 65k
We know that BECs are somewhere around 2001/2002 that too mostly Regional cases. With this situation itself we have EB3 Unavailable and possible EB2 retro soon.
What will happen when BECs reach 2002 SWA cases also ? Will EB2 and EB3 become Unavailable for 2-3 years for India and China starting from 2006 ?
Any guesses....
great guru
Volunteer Moderator
gc_maze said:
BEC has more than 340,000 petitions, one half only entered and petitioners got their 45 day letter. Still 50% of the people's petition not yet entered in to the system.
Atleast retro should help old guys waiting from 2001 by putting the retro date by atleast Dec 2003.
great guru
Volunteer Moderator
gc_maze said:
Most probably it will not go "U", but guys those who put their I 485 through PERM between (March -July 2005) may get their AOS after 3 or 4 years like in the year 99,00,01.
I know one guy I 485 applied in the year 2000 get approved just a month ago but EB3.
Got a question on your statememnt : "In this the percountry limit is 7% of both (140,000 + 226,000)/4 * 7/100 = 6405".knowDOL said:
I assume 140,000 is for employment based and 226,000 is for family based visas. Now, how can you combine them together and apply it to employment based visas ? Just curious. Thanks