2005 Consolidated Tracker (140/EAD/AP/FP/485)
- Thread starter joyd
- Start date
Spidey,
Here is my opinion about the service centers dates vs. retrogression cut-off dates.
1. Whatever you said is exactly true before the retrogression era which means the service centers processed the applications based on the RDs.
2. After retrogression the above rule may not entirely true if we observe the recent 140 approvals in particular even though VSC 140 published date for EB2 says the queue is at May 2005.
anyway I have read some USCIS memo in which they said from time to time they sweep through all the applications and pick up the ones which meet the cut-off dates in order to process the applications based on Priority Date. Probably they may not follow strict FIFO but pickup all cases with PDs earlier than cut-off dates.
Lets see how it goes...
Thx
MD2001
Here is my opinion about the service centers dates vs. retrogression cut-off dates.
1. Whatever you said is exactly true before the retrogression era which means the service centers processed the applications based on the RDs.
2. After retrogression the above rule may not entirely true if we observe the recent 140 approvals in particular even though VSC 140 published date for EB2 says the queue is at May 2005.
anyway I have read some USCIS memo in which they said from time to time they sweep through all the applications and pick up the ones which meet the cut-off dates in order to process the applications based on Priority Date. Probably they may not follow strict FIFO but pickup all cases with PDs earlier than cut-off dates.
Lets see how it goes...
Thx
MD2001
spidey said:
Indeed good news
MD2001,
You are next my friend. Good luck !!
We all will be watching you get your approval.
Looks like for every calendar month USICS 485 dates are moving forward approximately by 6 months. I know this calculation can't be that linear, but the biggest hump of Apr 2001 seems to have passed. This is great relief to us all. We all remember PBEC days when we were stuck behind this date for ever.
I’ll keep my fingers crossed and hope USICS will keep working sensibly and diligently and keep clearing the backlog.
MD2001 said:
MD2001,
You are next my friend. Good luck !!
We all will be watching you get your approval.
Looks like for every calendar month USICS 485 dates are moving forward approximately by 6 months. I know this calculation can't be that linear, but the biggest hump of Apr 2001 seems to have passed. This is great relief to us all. We all remember PBEC days when we were stuck behind this date for ever.
I’ll keep my fingers crossed and hope USICS will keep working sensibly and diligently and keep clearing the backlog.
wantedgcwanted
Registered Users (C)
Significance of April 01 date
Dear MD2001,
Could you please explain why this date of April 01, 2001 is significant, I have heard many others too refer to this date.
I would appreciate if you shed some light on this.
Thanks
MD2001 said:
Dear MD2001,
Could you please explain why this date of April 01, 2001 is significant, I have heard many others too refer to this date.
I would appreciate if you shed some light on this.
Thanks
OK.
Sometime in year 2000, Clinton administration passed a legislation called the infamous 245(i), which gives the option for 'illegal immigrants' to file for greencard starting with LC like normal legal immigrants.
The deadline for filing these LC applications was April 2001. Due to this, there were almost 150-200k cases (total backlog in BECs is around 350k) filed by that month end. These filings resulted heavy backlogs in states like CA, MD. NJ, DC, NY etc., and hence the birth of BECs in Philly and Dallas in October 2004.
It was a clemency but it clearly clogged the DOL which otherwise slow anyway. We are lucky to be here and there are still lot of people stuck in BECs which didn't process even 10% applications from their inception in October 2004.
Back to the point, since there were so many applications filed in April 2001, it was speculated that how the dates will move beyond April 2001.
Since many of these illegal immigrants are unskilled, they fall under EB3 or below hence EB2 is saved. Look at the dates of EB3, all countries are stuck at April 2001. That is unlikely to change in years unless the congress passes a bill either to recapture or increase the visa numbers overall.
That's why we (EB2 folks) are so relieved to see EB2 move past April 2001.
Hope this helps..
MD2001
Sometime in year 2000, Clinton administration passed a legislation called the infamous 245(i), which gives the option for 'illegal immigrants' to file for greencard starting with LC like normal legal immigrants.
The deadline for filing these LC applications was April 2001. Due to this, there were almost 150-200k cases (total backlog in BECs is around 350k) filed by that month end. These filings resulted heavy backlogs in states like CA, MD. NJ, DC, NY etc., and hence the birth of BECs in Philly and Dallas in October 2004.
It was a clemency but it clearly clogged the DOL which otherwise slow anyway. We are lucky to be here and there are still lot of people stuck in BECs which didn't process even 10% applications from their inception in October 2004.
Back to the point, since there were so many applications filed in April 2001, it was speculated that how the dates will move beyond April 2001.
Since many of these illegal immigrants are unskilled, they fall under EB3 or below hence EB2 is saved. Look at the dates of EB3, all countries are stuck at April 2001. That is unlikely to change in years unless the congress passes a bill either to recapture or increase the visa numbers overall.
That's why we (EB2 folks) are so relieved to see EB2 move past April 2001.
Hope this helps..
MD2001
wantedgcwanted said:
Hi everyone......
I have been working for a company since 2000. I got my labor certificate and I-140 approved. The issue is with my I-485....... My Lawyer advised me that I have to wait for the priority date to become current until she can file my I-485. As it stands today, April 2001 is the current date where my PD is Oct.2002.
With the progress we have been seeing the past few years, I anticipate another year or two before my set PD becomes current.
I am not sure who is experiencing similar sintuation......
To make a long story short, I was wondering if any of you knows whether
1) We can file the I-485 eventhough the PD is not current
2) If I change jobs prior to filing I-485, will that reset the clock and have to go through the same experience with the Labor certification, 140....
I do appreciate your comments in regards to the above questions.........
Thanks
I have been working for a company since 2000. I got my labor certificate and I-140 approved. The issue is with my I-485....... My Lawyer advised me that I have to wait for the priority date to become current until she can file my I-485. As it stands today, April 2001 is the current date where my PD is Oct.2002.
With the progress we have been seeing the past few years, I anticipate another year or two before my set PD becomes current.
I am not sure who is experiencing similar sintuation......
To make a long story short, I was wondering if any of you knows whether
1) We can file the I-485 eventhough the PD is not current
2) If I change jobs prior to filing I-485, will that reset the clock and have to go through the same experience with the Labor certification, 140....
I do appreciate your comments in regards to the above questions.........
Thanks
Southhuntington
Registered Users (C)
For your questions,
1) You can't file I485 when the PD is not current;
2) If you change jobs, you have to go through the process of LC and I140 again.
1) You can't file I485 when the PD is not current;
2) If you change jobs, you have to go through the process of LC and I140 again.
njrirlabor
Registered Users (C)
Hi MD2001 & other experts!:
Do you have any idea as to why VSC is so backlogged these days. All the other processing centers seems to be in a much better shape then this one.
Regards
Do you have any idea as to why VSC is so backlogged these days. All the other processing centers seems to be in a much better shape then this one.
Regards
MD2001 said:
Hi guys... and Happy New Year !!! 
I just wanted to update my case tracking info below... Just got an LUD on my 485 a couple fo days ago. But I just don't understand why my wife's 485 (depending on mine) did not get one...
Also, I was glad to see that VSC processing dates are moving again... Went up to Dec 16 2005 after being stuck at Dec 1 for 3.5 months !!! Let's hope they attack 2006 with good productivity. I also mentioned in an earlier posting that they had to "recall" 50,000 GCs... which I believe is the reason why they were "frozen" for more than 3 months. Maybe they are done with the reprocessing and are back on business...
Take care...
I just wanted to update my case tracking info below... Just got an LUD on my 485 a couple fo days ago. But I just don't understand why my wife's 485 (depending on mine) did not get one...
Also, I was glad to see that VSC processing dates are moving again... Went up to Dec 16 2005 after being stuck at Dec 1 for 3.5 months !!! Let's hope they attack 2006 with good productivity. I also mentioned in an earlier posting that they had to "recall" 50,000 GCs... which I believe is the reason why they were "frozen" for more than 3 months. Maybe they are done with the reprocessing and are back on business...
Take care...
wantedgcwanted
Registered Users (C)
Thank you
Thank you MD2001. I appreciate it.
wantedgcwanted
Thank you MD2001. I appreciate it.
wantedgcwanted
chicchu,
That's true. If they approve 485 before 140 that could be some in error.
Anyway as I said in my previous posts that it would be interesting to see how they follow the PD/cut-off dates specially if both 140 and 485 are pending.
Lets see how it goes...I am not certain unless we see some cases get approved.
MD2001
That's true. If they approve 485 before 140 that could be some in error.
Anyway as I said in my previous posts that it would be interesting to see how they follow the PD/cut-off dates specially if both 140 and 485 are pending.
Lets see how it goes...I am not certain unless we see some cases get approved.
MD2001
chicchu said:
Service centers dates vs. retrogression cut-off dates
MD2001/Spidey and All,
"How do the Service Centers, including NSC, identify those I-485 cases that have available visa numbers and therefore are eligible for approval?"
Case Identification Procedure
The NSC Records Division conducts a series of "sweeps" each month when they get the Visa Bulletin. They search for those cases that have current priority dates, given the particular employment-based category and the country of chargeability of the particular case. Once identified, if the case has valid security checks, it is properly routed for assignment to an adjudications officer.
NSC is constantly conducting sweeps of cases that are on hold due to retrogression (the non-availability of visa numbers) to make sure that the security checks are viable. It is not possible to predict how long any particular case will take once the priority date becomes available. We would note, however, that an immediate decision should not be expected, because the availability of the date triggers the assignment to the adjudications officer, who then must conduct the file review. At this time, the NSC states that they have sufficient resources to distribute all of the eligible I-485s each month for adjudication.
This was taken from Murthy.com
MD2001 said:
MD2001/Spidey and All,
"How do the Service Centers, including NSC, identify those I-485 cases that have available visa numbers and therefore are eligible for approval?"
Case Identification Procedure
The NSC Records Division conducts a series of "sweeps" each month when they get the Visa Bulletin. They search for those cases that have current priority dates, given the particular employment-based category and the country of chargeability of the particular case. Once identified, if the case has valid security checks, it is properly routed for assignment to an adjudications officer.
NSC is constantly conducting sweeps of cases that are on hold due to retrogression (the non-availability of visa numbers) to make sure that the security checks are viable. It is not possible to predict how long any particular case will take once the priority date becomes available. We would note, however, that an immediate decision should not be expected, because the availability of the date triggers the assignment to the adjudications officer, who then must conduct the file review. At this time, the NSC states that they have sufficient resources to distribute all of the eligible I-485s each month for adjudication.
This was taken from Murthy.com
chicchu said:
Even if they did that approval would be quite empty without an approved 140 in place... Obviously the candidate would have to wait for 140 approval and possibly even notify USCIS of the situation such that the 140 processing is not forgotten.
Having said that, I vaguely remember reading of one such case on this portal.
Significance of Apr 2001
As we know from the MD2001's posting that huge number of applications got filed for GC under 245(i). It is common human tendency to procrastinate (look at USCIS and BECs). I suspect may be significant number of people filed on last date … Apr 1 2001. Such filings create delays at DOLs as well in providing Notices to the applicants. (e.g person who filed application on RD=Apr1 2001 may had ND=August 2001). DOLs may have taken months to send notices to such people.
My point is:
EB 2 priority date stated below may be still in the shadow of Apr 2001 inflow.
2nd C 01APR02 01AUG01
My take is, If March Visa bulletin moves the dates by average 5-7 months then it is safe to assume we are over the hump.
Any thoughts …
MD2001 said:
As we know from the MD2001's posting that huge number of applications got filed for GC under 245(i). It is common human tendency to procrastinate (look at USCIS and BECs). I suspect may be significant number of people filed on last date … Apr 1 2001. Such filings create delays at DOLs as well in providing Notices to the applicants. (e.g person who filed application on RD=Apr1 2001 may had ND=August 2001). DOLs may have taken months to send notices to such people.
My point is:
EB 2 priority date stated below may be still in the shadow of Apr 2001 inflow.
2nd C 01APR02 01AUG01
My take is, If March Visa bulletin moves the dates by average 5-7 months then it is safe to assume we are over the hump.
Any thoughts …
w8in4gc said:
w8in4gc,
Good hypothesis.
But it may be a bit flawed because the cut-off dates on the Visa bulletin are based on priority dates and the priority dates are based on receipt date of the LC applications.
Atleast theoretically, this means EB2 category folks (from India) should be over the hump so far as the April 2001 bottle neck is concerned.
But with all the inconsistencies that we have seen in the BECs and USCIS,
it may not be a bad idea to wait and watch the next visa bulletin before we get too upbeat about the trend seen with the visa cut-off dates.
THX
cubiclefun
Registered Users (C)
I-485 approval question
I have my priority date current and my notice date is July 2005.
I have my I-140 approved already.
Does anyone know how long going to take for my I-485 approval?
I have seen in threads that people applied in Feb 2005 are getting approved.Does any one from March 2005 approved?
Thanks
I have my priority date current and my notice date is July 2005.
I have my I-140 approved already.
Does anyone know how long going to take for my I-485 approval?
I have seen in threads that people applied in Feb 2005 are getting approved.Does any one from March 2005 approved?
Thanks
Question:
Assuming that the EB2 escapes the 245(i) hurdle of April 2001.any discussions on possible EB2 applications filed between 2002 and 2005??? How many approx and how many from India.
considering the condition of the economy-2003,2004 and Sub-Labor flooding in Sept 2005.
I still feel its going to be snails pace once it hits 2002 to move forward.
discussions/comments on this always welcome.
Assuming that the EB2 escapes the 245(i) hurdle of April 2001.any discussions on possible EB2 applications filed between 2002 and 2005??? How many approx and how many from India.
considering the condition of the economy-2003,2004 and Sub-Labor flooding in Sept 2005.
I still feel its going to be snails pace once it hits 2002 to move forward.
discussions/comments on this always welcome.