Another article about Retrogresion and PD movement
patnams said:
Y're right, once those NY labor approvals will come, they will be immediately eligible for 485 filing (and approval).
If the NY numbers are too many, then the Visa dates might become stagnant for a while or move at a slower rate than it actually would.
Btw, meet me, another victim of NY Labor. Another, I seriousely doubt if all those NY labors guys are still waiting in same state. The companies that filed for labor should be making lot of money by selling those labors when approved.
As we all know visas are numerically limited. All the countries in the world have a PER-COUNTRY CAP for each visa categories. Many years before the EB3 as stated by the Department of State has remained current or “C” in the VISA BULLETIN but due to the BACKLOG REDUCTION effort of the USCIS more visas are being consumed than there are available. It means that the Department of State has PREDICTED that there would be more visas that would be consumed than there are available so they set PRIORITY DATES to slow down the issuance of visas. It works on a FIFO basis (FIRST IN-FIRST OUT) for all consular applications and adjustment of status. I ASSUME YOU ALL KNOW WHEN ARE YOUR PRIORITY DATES.
Another thing… it has nothing to do with the USCIS, your petition is still going even there is retrogression as long as it was been filed before January 1, 2005. The only thing that would happen is that it would FREEZE your consular or adjustment of status until well of course your PRIORITY DATES ARE CURRENT!
Ok this is the stuff you’ve been waiting for. HOW DO VISA NUMBERS MOVE?
Well as I mentioned earlier there is a per country cap visa limit for all countries. According to the LAW the consumption of VISAS are done in a QUARTERLY BASIS. The U.S. Government FISCAL YEAR starts at October 1 through September 30. So the Fiscal Year 2005 would start at October 1, 2004 and would end at September 30, 2005.
If you read the VISA BULLETIN at the travel.state.gov website there is a paragraph written below that the Department of State has PREDICTED it is necessary to impose a
CUT-OFF DATE to slow down the processing during the second quarter (January 1, 2005- March 31, 2005).
I hope you are all following on this. Well hmmm that is why the AILA (American Immigration Lawyers Association) claimed that they do not expect visa numbers to move until APRIL! Because April 1 would be the start of the 3rd Quarter of the FISCAL YEAR. According to the law, the Dept. of State can now use additional VISA NUMBERS. DEFINITELY THE VISA NUMBERS WOULD MOVE. Yehey!!!
My predictions during the 3rd QUARTER the PRIORITY DATES would be somewhere in around November 2003 or January 2004. The Department of State will be processing other cases that were approved by the USCIS(cases that were filed before January 1, 2005). First in-first out. The Dept. of State will be processing other cases without taking new cases in.
Here is really the most glorious part. LAST QUARTER OF THE FISCAL YEAR. (JULY 1, 2005 – SEPTEMBER 31, 2005 .)
ACCORDING TO THE LAW --- ALL UNUSED VISAS FROM ALL OTHER COUNTRIES AROUND THE WORLD WILL BE MADE AVIALABLE TO THE Philippines, India and China and other countries that has visa cap.
MY PREDICTION IS THAT PRIORITY DATES WILL BE CURRENT DURING THE LAST QUARTER FOR THE EB3 CATEGORY.
What the Department of State did is that they choose a priority date which is January 1, 2002, a date far enough so it would freeze processing entirely for the 1st and 2nd quarter (Oct.1, 2004 to March 31, 2005) so the Department of State would have time to process visas without taking new ones. On April 1, 2005 to June 30, 2005 (3rd quarter) the Department of State can open up and distribute visas again until the per country cap is met again. The good thing is that ACCORDING TO THE LAW, on the fourth quarter (July 1, 2005 – September 30 2005) THE REST OF THE WORLD’S UNUSED VISAS WILL BE GIVEN TO THE PHILIPPINES, INDIA AND CHINA. The EB3 category will be CURRENT AGAIN!
Although it will be ON and OFF until the U.S. Congress passes new legislations but IT WILL BE ONLY 5 TO 7 MONTHS DELAYS AND NOT 3 TO 5 YEARS. Do not believe all what you read in newspapers and articles