EB2 Retrogression Date - going backward?

B

bojo

Registered Users (C)
Someone please explain how retrogression date can go back in time:

In May 06 bulletin the EB2 date was current for 01 Jan 03 and in Oct 06 bulletine EB2 date 15 JUN 02.

Bulletin Month EB2 Date
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May 06 01 JAN 03
Oct 06 15 JUN 02

Thanks and appriciate your time.
 
1. PD's are estimates of forthcoming demand. Estimates can change.
2. If a large number of LC's are expected to be cleared from a specific period, PD's can move before those days.

If State Dept. knew the exact number of applications in each category from all regions, PD movement would have been be more logical.
 
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Wot's uh the deal?

(With due credit to Pink Floyd's Obscured by the Clouds)

Well, they thought they had it under control and their algorithm predicted smooth sailing .. until Officer X found a bunch of us lying underneath a pile of papers .. and STOP THE PRESS was raised ..

Am on 4th EAD, PD is current, got an RFE issued (show us the marriage certificate) - and before we could say Jack Robinson, the infamous "U" appeared on the bulletin. PD goes out the window. Luckily, the October bulletine has a better date than "U" (well, even 1-1-1999 would look better than "U") and some of us might find solace in that.
 
Supply vs Demand

It is supply vs. Demand.

If there are more I-485 applications submitted than visas available then the date will progress slow or can even go back to restrict the number of new I-485 filings.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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PD: Jan 2000
LC: Mar 2000
I-140 EB3: Jun 2000
I-140 EB2: Oct 2000
I-485: Jul 2000
I-485 AD: May 2002
 
Thanks to all of you - gravitation, dl1cd and desi3933.
I am amazed that these people are still 'guessing' for such an important thing; even stores like Seven Eleven has such systems where they can precisely predict not only supply and demand but everything about their outlet anywhere in world.
 
aha - therein lies the rub ..

bojo said:
Thanks to all of you - gravitation, dl1cd and desi3933.
I am amazed that these people are still 'guessing' for such an important thing; even stores like Seven Eleven has such systems where they can precisely predict not only supply and demand but everything about their outlet anywhere in world.
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7-11 is out to make a profit. OTOH, USCIS is not .. so, while the 7-11 demand/supply algorithm works on a state of the art massively parallel super-computer, there is no such requirement on the USCIS

Hey, I am just trying to make some folks smile ,, I am suffering from this malaise too and do not want to belittle people's feelings .. so please take this in the spirit in which it was given .. with a light heart.

Gracias!
 
bojo said:
Someone please explain how retrogression date can go back in time:

In May 06 bulletin the EB2 date was current for 01 Jan 03 and in Oct 06 bulletine EB2 date 15 JUN 02.

Bulletin Month EB2 Date
------------- ---------
May 06 01 JAN 03
Oct 06 15 JUN 02

Thanks and appriciate your time.
Click to expand...

Let me start with an example to explain U this backward movement.

Guy A EB3 India PD 1/1/2003
Guy B EB3 India PD 2/1/2003
Guy C EB3 India PD 3/1/2003


Oct is the watershed time for USCIS .. they do there list reordering.. They make the list of all the documantary approvable guys. This is irrespective of the PD .. The list is sorted by PD.

So now all guys who have there 140 approved are lined up.

Now USCIS basically goes FIFO for rest of the year.

In the list above say there are 3 guys whose application are become approvable.. But say there are just 2 visa numbers available for India . So the top 2 guys get visa number and 2/1/2003 becomes cut off date.

[Actually USCIS spreads the allotment of visa number every quater .. lets keep this simple for now ]

Every thing good till now ...
Now say later after OCT of the year .. some more application become documentary approvable

Guy E EB3 India PD 12/1/2002 Got PreApproved Labor
Guy F EB3 India PD 11/1/2002 Got approved from BEC

Now these two guys do not get into the list .... they will be included in next year list ..

So the next year list will look like this

Guy E EB3 India PD 11/1/2002
Guy F EB3 India PD 12/1/2002
Guy C EB3 India PD 3/1/2003

Say this year India has got just one Visa number .. Guy E gets it and the cutoff date becomes 11/1/2002 .

so this is retrogression ... Guy C has to wait more now.



Hope this helps
 
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desi3933 said:
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
Click to expand...
Damn! :mad:
I was going to sue you based on what you said but then ended up reading your disclaimer.
You just got away with the skin of your teeth but you just wait ... :cool:
 
garam.chadi said:
Now say later after OCT of the year .. some more application become documentary approvable

Guy E EB3 India PD 12/1/2002 Got PreApproved Labor
Guy F EB3 India PD 11/1/2002 Got approved from BEC

Now these two guys do not get into the list .... they will be included in next year list ..

So the next year list will look like this

Guy E EB3 India PD 11/1/2002
Guy F EB3 India PD 12/1/2002
Guy C EB3 India PD 3/1/2003

Say this year India has got just one Visa number .. Guy E gets it and the cutoff date becomes 11/1/2002 .

so this is retrogression ... Guy C has to wait more now.

Hope this helps
Click to expand...



So in short ... the more efficient the BEC becomes in churning away approval ... more will be the backward movement of dates ...

I guess most of the guys who got stuck in BEC moved on with a different labor etc ...

What is your take on this .... Will BEC fast approvals make Eb-3 india move more backwards ?
 
BECs

Nadi said:
So in short ... the more efficient the BEC becomes in churning away approval ... more will be the backward movement of dates ...

I guess most of the guys who got stuck in BEC moved on with a different labor etc ...

What is your take on this .... Will BEC fast approvals make Eb-3 india move more backwards ?
Click to expand...

Nadi,

The way I see it, there will be a lot of duplicate labors because as you have mentioned a majority of people stuck in BECs have gone for PERM. The problem will be labor sustitution because a lot of consulting companies will now sell the newly approved labors from BECs. I was hoping that the DOL would outlaw labor substitution by now but I don't think it will happen. Labor sustitution is going to screw with a lot of us.

regards,

saras
 
Risk of I-485 denial higher with bodyshoppers

With LC Subs under increased scrunity and it is becoming harder to show real parmanent jobs for many consulting companies (they are actually bodyshoppers or staffing agencies in many/most cases) - the risk of I-485 denial is always there. And that can reduce the backlog and hopefully people with real jobs waiting for GC will get it soon.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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I agree labor subs are screwing everything. Some one with few grand and contacts can get ahead of people like us waiting for years. It is not only messing up EB3, but also EB2 with EB3 to EB2 conversions. This together with Labor sub is causing a havoc.

I also see lot of approvals of very old PD labors (Eb2 and Eb3) i.e., 2002 and earlier getting approved recently in PBEC threads.

Considering we only have 2800 visa numbers per year that equates to about 100 per month when we include dependents, there is no wonder dates went back.

I would say labor sub is a loophole in the system and it should either be removed or at least not carry the PD to new applicant. I wouldn't mind if whole years quota is taken up by primary labor applicants, but not by subs?? Hope there is some solution.
 
True

desi3933 said:
With LC Subs under increased scrunity and it is becoming harder to show real parmanent jobs for many consulting companies (they are actually bodyshoppers or staffing agencies in many/most cases) - the risk of I-485 denial is always there. And that can reduce the backlog and hopefully people with real jobs waiting for GC will get it soon.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Click to expand...

desi3933,

I agree that there are risks involved but the "potential" rewards of a quick approval will lure a lot of people.

regards,

saras
 
>> I agree that there are risks involved but the "potential" rewards of a quick approval will lure a lot of people.

Not worth the risk in my opinion. This is fraud if there is no real job offer and/or money involved.

With increased scrunity, the risk of denial is pretty high. This way, probably we will see more I-485 denials. This should clear some of the backlog.

For many consulting companies, they don't have real job offer to begin with. If somebody is using LC Sub with no real job offer, he/she should consider contacting an experienced attorney. Better take action now rather to repent later.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Lets hope

desi3933 said:
>> I agree that there are risks involved but the "potential" rewards of a quick approval will lure a lot of people.

Not worth the risk in my opinion. This is fraud if there is no real job offer and/or money involved.

With increased scrunity, the risk of denial is pretty high. This way, probably we will see more I-485 denials. This should clear some of the backlog.

For many consulting companies, they don't have real job offer to begin with. If somebody is using LC Sub with no real job offer, he/she should consider contacting an experienced attorney. Better take action now rather to repent later.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Click to expand...

desi3933,

I hope you are right on this. I agree that the risks are not worth it and hope that people take this into consideration before taking these steps.

regards,

saras
 
unfortunately, labor subs. is never going to end. the lawyers don't want it to end, the companies don't want it to end and you and me have no say whatsoever.



saras76 said:
Nadi,

The way I see it, there will be a lot of duplicate labors because as you have mentioned a majority of people stuck in BECs have gone for PERM. The problem will be labor sustitution because a lot of consulting companies will now sell the newly approved labors from BECs. I was hoping that the DOL would outlaw labor substitution by now but I don't think it will happen. Labor sustitution is going to screw with a lot of us.

regards,

saras
Click to expand...
 
nishokie said:
unfortunately, labor subs. is never going to end. the lawyers don't want it to end, the companies don't want it to end and you and me have no say whatsoever.
Click to expand...


I do agree .. the sublabor is so popular with the employers and attorneys that .. most employer who deal with sub-labor will offer .... one with a labor if and only if -- one goes to a specific attorney. The two of them make great bucks ... with the resuseablity of the labor again and again.

The dream merchants are going every where to sell there labors.... They visit every gas station and if they find a desi guys working there ... bang they make the offer ....

For few guys to make a handsome profit -- have put entire GC process in doldrums ....
 
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