The recent retrogress in EB visa numbers is a disaster. It is simply not believable. For example, in EB1 (china) has gone back to 2000. (More than 5 years). EB1 applications will not undergo a lengthy labor certification process, as EB2 or EB3. In very worst-case scenario, in a very slow processing center (NSC), a Chinese EB1 (140 & 485) application may consume maximum of 3 years. So, There may not be any EB1-China application pending with USCIS since year 2002 or 2001. Now DOS says PD for EB1 china is 2000. In a worst case, there may be a very very few number of Chinese applicants (EB1) with stuck in name check may be pending at USCIS. Then, for whom they are reserving this numbers? Same thing for EB2 and EB3 cases. I seriously doubt those who filed LC in 1997 (cut off date EB3 India - 1st jan 1998) is not yet received GC. It has been eight years from now. For whom DOS/USCIS reserving this numbers?
USCIS/DOS claims that the demand is more. OK, then why DOS did not set the cut off dates for EB1,EB2 or EB3 progressively increasing over the period? How it is possible in one night, that too when DOS get a fresh new numbers, all the visa categories has long jumped backwards? How come suddenly EB2 jump from “current” to “1999”?
Moreover, in the last few visa bulletins, it was clearly mentioned that EB2 may retrogress in Dec 2005, EB1 may retrogress in latter part of FY 2006. Now, why this controversy?
Based on this, I believe there is two things might have happened. One is, both DOS and USCIS have been working with wrong information/data over prolonged period of time. Now they might have realized.
Other option is USCIS/DOS has been issued more GC in last couple of years than the statuary limit. Now they want to stop issuing the GC until they compensate with current FY numbers. If it is a case, there may be so many applicants has been victimized though they have old PD. For example, so many peoples with PD 2003/2002/2001 (EB3 India) got GC in the year 2004, before retrogress kick in. However people with PD 1998 (EB3 India), whose I-485 is pending, may not get GC in recent months. This is ridicules. This is the result of non-uniform and mismanagement in processing of LC, I-140 & I-485 across the country by DOL, USCIS or DOS. Now the genuine guys have to wait for years to apply or adjust their status.
USCIS/DOS claims that the demand is more. OK, then why DOS did not set the cut off dates for EB1,EB2 or EB3 progressively increasing over the period? How it is possible in one night, that too when DOS get a fresh new numbers, all the visa categories has long jumped backwards? How come suddenly EB2 jump from “current” to “1999”?
Moreover, in the last few visa bulletins, it was clearly mentioned that EB2 may retrogress in Dec 2005, EB1 may retrogress in latter part of FY 2006. Now, why this controversy?
Based on this, I believe there is two things might have happened. One is, both DOS and USCIS have been working with wrong information/data over prolonged period of time. Now they might have realized.
Other option is USCIS/DOS has been issued more GC in last couple of years than the statuary limit. Now they want to stop issuing the GC until they compensate with current FY numbers. If it is a case, there may be so many applicants has been victimized though they have old PD. For example, so many peoples with PD 2003/2002/2001 (EB3 India) got GC in the year 2004, before retrogress kick in. However people with PD 1998 (EB3 India), whose I-485 is pending, may not get GC in recent months. This is ridicules. This is the result of non-uniform and mismanagement in processing of LC, I-140 & I-485 across the country by DOL, USCIS or DOS. Now the genuine guys have to wait for years to apply or adjust their status.