Just wanna see how many of you are waiting for this day to come. As an older PD, I am sure guys like me has been through tough times, especially saw what happened during July - Aug when so many July filers got approved with PD 2-3 years later than us.
Now what are you going to do to push forward? Let's share some thoughts.
There are lot of cases USCIS approved with EB2 India/China with PD 2006 (I 485 filing date July 2007) while pending 2003/2004/2005 Priority Date.
If 25 cases with old PD and old RD in EB2 category want justice, jointly lawsuit to USCIS for not following FIFO. If Filing date is more than 2 years and Name check is cleared, USCIS will not have any argument for holding these cases and approving 2006 cases.
DOS and USCIS official clearly told during Congressional testimony that Once PD is current, they list and approve cases based on PD.
Old filers, Please think about lawsuit.
The July 2008 VB explanation as follow:
Based on the information available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
There are lot of cases USCIS approved with EB2 India/China with PD 2006 (I 485 filing date July 2007) while pending 2003/2004/2005 Priority Date.
If 25 cases with old PD and old RD in EB2 category want justice, jointly lawsuit to USCIS for not following FIFO. If Filing date is more than 2 years and Name check is cleared, USCIS will not have any argument for holding these cases and approving 2006 cases.
DOS and USCIS official clearly told during Congressional testimony that Once PD is current, they list and approve cases based on PD.
Old filers, Please think about lawsuit.
The July 2008 VB explanation as follow:
Based on the information available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
There are lot of cases USCIS approved with EB2 India/China with PD 2006 (I 485 filing date July 2007) while pending 2003/2004/2005 Priority Date.
If 25 cases with old PD and old RD in EB2 category want justice, jointly lawsuit to USCIS for not following FIFO. If Filing date is more than 2 years and Name check is cleared, USCIS will not have any argument for holding these cases and approving 2006 cases.
DOS and USCIS official clearly told during Congressional testimony that Once PD is current, they list and approve cases based on PD.
Old filers, Please think about lawsuit.
The July 2008 VB explanation as follow:
Based on the information available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
I have guy in our company whose priority date is May 2007 got approved in second week of September EB2. He applied I-485 during fiasco.
Funny thing is his priority date on the I485 approval notice is printed as May 2003.
Do he has PD transfer from EB3 to EB2? If not, it is very strange !! I don't know what they are doing?