Does EB2 retrogression impact already filed cases also?

O

onlygodcanhelp

Registered Users (C)
Hi Everybody,

Can anybody please let me know if recent retrogression of EB-2 impacts already filed cases also or only new cases to be filed october onwards this year. Here are my details -

EB2
Labor filed: Aug, 2002, Approved: Dec, 2002
I-140/148 Concurrent filed - Jan, 2003
I-140 - Approved April, 2003
I-485 - Still pending

As of today NSC is processing EB-2 cases with I-485 filing date of June, 2004 which already indicates that my case is 18 months behind regular processing timelines. Not sure how NSC is going to process existing pending cases. Any inputs will be appreciated.

Thanks in advance !!
 
onlygodcanhelp said:
Hi Everybody,

Can anybody please let me know if recent retrogression of EB-2 impacts already filed cases also or only new cases to be filed october onwards this year. Here are my details -

EB2
Labor filed: Aug, 2002, Approved: Dec, 2002
I-140/148 Concurrent filed - Jan, 2003
I-140 - Approved April, 2003
I-485 - Still pending

As of today NSC is processing EB-2 cases with I-485 filing date of June, 2004 which already indicates that my case is 18 months behind regular processing timelines. Not sure how NSC is going to process existing pending cases. Any inputs will be appreciated.

Thanks in advance !!
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If your case is not adjudicated by end of Sep, then you will be impacted by the Oct visa bulletin. Right now EB2 is current - its backlogged for some countries in Oct.

Come Oct 1st, if your PD is not current, your existing case would continue to be in pending status. Once your PD becomes current, your case would be picked up.

You can however file renewals for EAD and AP irrespective of the PD movement as your 485 is pending.
 
onlygodcanhelp said:
Hi Everybody,

Can anybody please let me know if recent retrogression of EB-2 impacts already filed cases also or only new cases to be filed october onwards this year. Here are my details -

EB2
Labor filed: Aug, 2002, Approved: Dec, 2002
I-140/148 Concurrent filed - Jan, 2003
I-140 - Approved April, 2003
I-485 - Still pending

As of today NSC is processing EB-2 cases with I-485 filing date of June, 2004 which already indicates that my case is 18 months behind regular processing timelines. Not sure how NSC is going to process existing pending cases. Any inputs will be appreciated.

Thanks in advance !!
Click to expand...

If you are from India or China, you will be affected by the retrogression if you didn't get approved by September 30th. If you are from another country, you are fine if you get the approval before the end of October. After October, No one really know except GOD :D
 
Mr. Green said:
After October, No one really know except GOD :D
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Mr. Green let me correct you please.........
After October, No one really knows except the idiot NSC officer... Actually he won't know because his vacation and sick leave are always unschedule. At present this people might get pressure to approve maximum cases before October 1, so officers know that this is the perfect time for schedule sick leave...
After October there won't be much pressure, so they will relax and enjoy. So in this situation how can God tell this officer that son you are good human being so please work....my humble request.... God can not request anybody.
 
Guys
This EB2 Retrogression Sucks. NSC Idiots wasted plenty of our time with out touching the files. Where as other service centers utilized and used all available visas. I'm loosing opportunities by not having this GC. Ofcourse I can join any company with AC21 but there is a Risk always. I decided that I'm not getting my GC in another 2 more years. What a Aweful journey. I think this portal site will be very fast from October onwards. Because most of the members of this site are of PD 2000 and after. So no body will visit.
 
I think it is healthy to vent out, but the name calling won't get you anywhere! Good luck to all of us. We all sure need it :D
 
I do not think that retrogression will affect the currently existing applictions of I-485. Looks like that the cut-off date is to stop the flow of the new applications. As i do not see anywhere when a clear cut statement has been made for the existing applications. It is only said the until the PD is not current you cannot file your I-485. As per my company lawyer they got the EB-3 cases approvals in August with PD of 2002.
 
Your lawyer is wrong. If they got approved it was a mistake.

Murthy.com
November 2004

BASICS
©MurthyDotCom
The Visa Bulletin priority date chart is the DOS's advisement as to whether or not there is an immigrant visa number available for any given case. Availability of an immigrant visa number is determined by the category of a case, the date it was first filed (priority date), and the beneficiary's country of origin. In order to file an I-485, Application for Adjustment of Status, the priority date must be current, meaning that a visa number must be available. Once filed, in order for an I-485 to be approved, the priority date must be current. The same rule applies when obtaining immigrant visas at the consulates abroad. In order for the immigrant visa to be issued, there must be an immigrant visa number available.
 
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When will NVC allocates visa number?

Hellobrother's lawyer may be right. I have seen couple of people's eb3-485 was approved when visa number was UNAVAILABLE in EB3 class in Aug 2005.

I feel if USCIS/NVC assign visa number to 485 application, it will be approved irrespective of retrogression. So, the the key is when one gets the visa number. Some are saying, USCIS assign visa numbers to 485 application, if it is available at the time of I-140 approval. If it is right, it is good for so many peoples including me (at the time of my eb2-I40 approval my PD was current). However, I doubt this. We need to moniter this forum in future month.
 
The Breakdowns.

hellobrother said:
I do not think that retrogression will affect the currently existing applictions of I-485.
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If you are Waiting in the country Queue ... of max 25,620 ...

Every Quater USCIS does 27% of the max .. so around 7000 from each country sould 485 get approved.. and as they have stoped all new incoming applications with cut-off date ... new approvals will happen with already submitted 485 .. like the guys with A#.

Breaking 7000 --- Say 2000 dependents .. 1000 family based... so around 4000 employment based guys might get from all service centers ... Tearing it down around 300 per month from NSC..
 
In most of the places it is not mentioned clearly about this. But, the reality is visa numbers are not allocated when USCIS receives the I485 application. Because there is no 100% guarrenty that everybody will get the GC, reason could be anything.

There are many EB3 cases were approved when visa numbers were not availble, the reason is simply USCIS mistake or person's luck. But, technically USCIS is not supposed to issue GC with out visa number availability. My Lawyer said the same thing :(
 
can_card said:
Hellobrother's lawyer may be right. I have seen couple of people's eb3-485 was approved when visa number was UNAVAILABLE in EB3 class in Aug 2005.

I feel if USCIS/NVC assign visa number to 485 application, it will be approved irrespective of retrogression. So, the the key is when one gets the visa number. Some are saying, USCIS assign visa numbers to 485 application, if it is available at the time of I-140 approval. If it is right, it is good for so many peoples including me (at the time of my eb2-I40 approval my PD was current). However, I doubt this. We need to moniter this forum in future month.
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Visa numbers are assigned at I-485 approval NOT at I-485 application or I-140 approval. Go look at The Real Canadians posts and many others. Go look up these facts on Murthy.com and other immigration sites.
 
grunggy said:
Visa numbers are assigned at I-485 approval NOT at I-485 application or I-140 approval. Go look at The Real Canadians posts and many others. Go look up these facts on Murthy.com and other immigration sites.
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I know very well what you are saying. It has been written in so many web sites. Thanks for your advise. But, practically it is not happening. If so, then why USCIS approved many eb3-485s in Aug 2005, when visa number was available for no one?. USCIS is not exactly following the theoritical rule.

Currently, USCIS is rejecting many EB2 485s (Indian's) filed in Sep 2005, with the note that no visa numbers are availble. Per law, they should accept it, if it is filed on or before Sep 30, 2005, as sep visa bulliton says EB2 is current. GO AND LOOK in the same murthy forum.
 
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hello

Please advice

My 140 (EB-1) was filed in nov 2002, Ii would assume thats my PD. I am filing for 485/ead/ap this week. From what i understand, they would propcess my 485 after my EB-1 reaches the PD date. So would they process my 485 ( once I reached my PD) before somebody who may have filed the 485 before me but their case hasnot reached the PD yet.
Thanks
 
Ideally, they should process your case first! However, there is too many factors which influence how fast your case is processed. One of those factors is unfortunatly, LUCK! Look around and you will see people waiting for 5 or 6 years while others getting their green cards in 3 years.

I don't think you should be comparing your case to anyone's else and draw any conclusions. You can only compare for information only. You will drive yourself crazy if you try to find a trend of how USCIS process cases! I'm sure USCIS doesn't know that trend themselves :D
 
can_card said:
Hellobrother's lawyer may be right. I have seen couple of people's eb3-485 was approved when visa number was UNAVAILABLE in EB3 class in Aug 2005.

I feel if USCIS/NVC assign visa number to 485 application, it will be approved irrespective of retrogression. So, the the key is when one gets the visa number. Some are saying, USCIS assign visa numbers to 485 application, if it is available at the time of I-140 approval. If it is right, it is good for so many peoples including me (at the time of my eb2-I40 approval my PD was current). However, I doubt this. We need to moniter this forum in future month.
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Hi,

Hope you are words would come correct as I have seem some EB3 cases getting approved even now. The crucial information is when the VISA number is assigned...it could be any one of the following...

1. while filing I-485 separately
2. with concurrent filing after I-140 is approved
3. when an RFE is issued during I-485 stage

I fall into item 3 in EB2 category....hoping that it would get approved even though till Sept 30 it is still pending come october 1st they might finish the backlogs :)
 
eBhola said:
If you are Waiting in the country Queue ... of max 25,620 ...

Every Quater USCIS does 27% of the max .. so around 7000 from each country sould 485 get approved.. and as they have stoped all new incoming applications with cut-off date ... new approvals will happen with already submitted 485 .. like the guys with A#.

Breaking 7000 --- Say 2000 dependents .. 1000 family based... so around 4000 employment based guys might get from all service centers ... Tearing it down around 300 per month from NSC..
Click to expand...

Hi,

Good analysis....do you mean to say there would be some guys with A# and the guys with A# have visa numbers allocated?

Thanks,
goodyearahead
 
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