EB2 Unavailable

bigbang2001 said:
I found following at immigration-law.com. It seem USCIS Nebraska center gave a guidance:

04/11/2006: Clarification of Preadjudication of I-485 Applications During the Period of Retrogression

It appears that the initiative of the USCIS to preadjudicate the I-485 applications during the period of retrogression includes "pending" cases (cases on file) only. Nowhere it stated that the USCIS would accept the I-485 applications during the period of retrogression when visa numbers are not available. For the latter type of action, the USCIS does not have authority to initiate it at the agency-level and needs a legislative authorization. People will remember that this was part of S.1932 which failed to pass the House and Conference Committee at the end of 2005.
It appears that the USCIS is initiating the preadjudication policy to streamline security clearance process and fraud detection or prevention. The community should take the preadjudication announcement as a news that they may receive massive RFEs and Biometric notices even if their priority dates still remain remote. Please remember that the announcement involves their "internal" procedure and processing guidelines and not, repeat not, filing guidelines for the immigrants.
04/10/2006: USCIS Initiates Preadjudication of I-485 Applications During the Period of Retrogression

The USCIS/Nebraska Service Center has annnounced that it has launched the procedure of adjudication of I-485 applications even during the period of visa number retrogression. The intention of this "preadjudication" initiative is to prepare eligible cases to the greatest extent possible, short of approval, in anticipation of the availability of a visa.
More important than this preadjudication notice is that the Service Centers may issue RFEs or Biometric notices while they process the cases on preadjudication initiative, and if the applicant fails to timely respond or comply with other notices or requests, the applications may be denied. The I-485 waiters should watch closely their mails religiously from now on in order not to experience a deadly consequence for failure to respond. |"The unconfirmed sources also indicates that the USCIS field offices are currently under operation to achieve the goal of 6 months adjudication of benefit applications. The preadjudication initiative may have something to do with such move.
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That's interesting. Does anyone know if the other service centers are also proactive the same way?
Thanks,
nj_skm
 
do you expect retrogression for eb-2 india in oct?if so how many yrs retro can it become?will it be able to come back to current date ie 2003 jan atleast by jan 2007 if it retrogresses?
i am on of those unfortunate souls whoes labour got cleared recently and filed for i140,which was approved on the 28th of july with absolutley no time to file for i-485.my pd is 2002 july.
 
doc14 said:
do you expect retrogression for eb-2 india in oct?if so how many yrs retro can it become?will it be able to come back to current date ie 2003 jan atleast by jan 2007 if it retrogresses?
i am on of those unfortunate souls whoes labour got cleared recently and filed for i140,which was approved on the 28th of july with absolutley no time to file for i-485.my pd is 2002 july.
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Sorry to know that you missed the 485 filing date. Going by the past years visa bulletins, hopefully DOS should open with July 2002. Again, we will never know with all the labor sustitutions, BECs clearing many new labors, changing eb3 to eb2s, possibility of regular(non-rir) labors coming in etc... The possibilties for retrogression are numerous but whether these would effect us considerably, only time will tell.

With lmited number of visa numbers for India every year it would almost be like a lottery working with all the above combinations. Get your EAD fast in october and use AC21 as a greencard, thats the only near-term predictable solution.
 
indian_gc_ocean said:
Sorry to know that you missed the 485 filing date. Going by the past years visa bulletins, hopefully DOS should open with July 2002. Again, we will never know with all the labor sustitutions, BECs clearing many new labors, changing eb3 to eb2s, possibility of regular(non-rir) labors coming in etc... The possibilties for retrogression are numerous but whether these would effect us considerably, only time will tell.

With lmited number of visa numbers for India every year it would almost be like a lottery working with all the above combinations. Get your EAD fast in october and use AC21 as a greencard, thats the only near-term predictable solution.
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When people say "I got approved", it seems to me like most cases are Substituted Labor only.
 
indian_gc_ocean said:
you don't have your PD in your signature. can't say what makes your case special. anyway, if you are India and EB2, PDs don't matter any more. we don't have to expect any update until the start of FY2007 in october. Thats what the murthy's bulletin says.

if we are lucky, DOS will start from the same place they left that is july 2002. otherwise, i will not be surprised to see the same kind of suspense ride that ends in an anticlimax once more.
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EB2 SUB LABOR /India
Labor priority date - December'2001

I140 - RD-03/2004
1st RFE - 12/2004
2nd RFE- 06/2005
LUD -4/1/2006,7/25/2006,7/27/2006,7/31/2006

I485- RD- 06/2005
FINGERPRINT - 06/2006
LUD - 6/17/2006,7/31/2006
 
jayamitra said:
Why is everyone saying July 2002? Wasn't EB2 India left off at Jan 2003?
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Because DOS/USCIS has run out of visa numbers while working on PDs between July 2002 and Jan 2003. Both California and Texas service center 485 trackers have many people pending between July 2002 and Jan 2003. If no one filed with priority dates older than July 2002 in the recent times, DOS has to start with July 2002. Actually, I am thinking that october eb2 retrogression will start from mid 2001.
 
There can be many guesses and like all guesses some will be close to mark some way off. It is a wait till next month so enjoy wahtever is left of summer.

Having said that, EB-2 going unvailable is not a good sign. Before this year ran out the numbers were consumed. Either AC-21 clause not applied which would have resulted in some numbers falling off from ROW or even that did not help. If you look back last year, EB3 end point was unvailable and October visa dates started with somewhere in 1998. So don't expect 2002. It is likely Jan 2001 and proceed thereafter.

Long wait for Indians. But others who are more knowledgable in this forum pointed out that in the last few years India has benefiited more from thi spillover from ROW and USCIS is pushing to help EB3 ROW more by spillovers rather than India.

As a matter of fact PERM has helped EB-2 ROW more than anyone else. My colleague who joined the group in January got his GC delivered this week. Entire process took 5 months. So in life luck and timing plays its part at different cornerpoints than you can expect.


jayamitra said:
Why is everyone saying July 2002? Wasn't EB2 India left off at Jan 2003?
Click to expand...
 
indian_gc_ocean said:
Because DOS/USCIS has run out of visa numbers while working on PDs between July 2002 and Jan 2003. Both California and Texas service center 485 trackers have many people pending between July 2002 and Jan 2003. If no one filed with priority dates older than July 2002 in the recent times, DOS has to start with July 2002. Actually, I am thinking that october eb2 retrogression will start from mid 2001.
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Yes, that makes sense. However, I think mid 2001 is a little pessimistic. A lot of people that I know who applied in 2001 already have their approvals. Even if there are some 2001s they would probably be substitution cases and it's anybody's guess how many of those are out there.
In March, the PD for EB2 India stood at Jan 02 and in April it moved to Jul 02. So I'd hazard a guess and say that when the dates moved to Jan 02, they'd have received pretty much all of the cases that would benefit from these cases. Given this assumption, seeing as they further moved it to Jul 02 in Apr it seems to me that they didn't run out of numbers by then.
But when it moved to Jan 03 they seem to have ran out of numbers so maybe they have received a lot of applications then. This agrees with my view that as we get past 2002 there will be a massive slowing down as there are few people with PDs 2003 or later with approvals and they would all have to go thru the waiting period.
And even if the predicted mid 2001 date turns out to be correct, it'll move relatively fast out of mid 2001 and I'd say that till approximately mid 2002. Think about what happened when it went back all the way to 1998. It moved pretty quickly to 2002, didn't it? Those dates are ancient and not too many applications from back then would still be pending.
One more thing: if you're waiting for a call, don't sit next to the phone! :D
Go watch the TV or read a book or play some music etc. :) So while you're waiting for the GC, go do something else and don't worry too much about it. It'll come when it'll come.
I know most of us are frustrated and the pain shows pretty clearly in these forums.
Chill out, take it easy and have fun with today as you're not sure what's gonna happen tomorrow. Moping will get ya nowhere. Quit bitchin' start livin'.:cool:
I went skydiving yesterday and it was helluva fun. :D :D :D
Enjoy the summer, guys!
nj_skm
 
I thought this thread would die slowly but looking at many latest india eb2 threads, I thought it is better to revive atleast until the next visa bulletin. I agree with nj_skm's previous post.

The main problem here is, while working on the limited 2800 India eb2 visas per year, it is important to have once NC cleared when his date becomes current. FBI does not seem to entertain NC requests when ones PD is not current(don't ask me how FBI knows about current...). Considering this, we are faced with precarious situation of visa numbers getting consumed by the time once NC is cleared.

After thinking about all these factors, I have decided to change jobs using AC21. Atleast then I would not be thinking about all these visa war game strategies.
 
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