EB2 -- Why the PD isn't moving?

[Tantra]

Jul-06 --> 1-Jan-2003
Aug-06 --> Unavailable
Sep-06 --> Unavailable
Oct-06 --> 15-Jun-2002
Nov-06 --> 1-Jan-2003
Dec-06 --> 8-Jan-2003
Jan-07 --> 8-Jan-2003

Is there any logical explanation?

 

[bigbang2001]

There are many in line which keeps PD hover around this date.
There are only close to 2800 Visas per year per EB for India which is not sufficient. There are many threads on retrogression on this site so search and enlighten yourself.

Jul-06 --> 1-Jan-2003
Aug-06 --> Unavailable
Sep-06 --> Unavailable
Oct-06 --> 15-Jun-2002
Nov-06 --> 1-Jan-2003
Dec-06 --> 8-Jan-2003
Jan-07 --> 8-Jan-2003

Is there any logical explanation?

 

[USCIS_GC_APPRO]

You are right buddy.

Look around how many people who files EB2 and see howmany visa # have for India EB?

There are many in line which keeps PD hover around this date.
There are only close to 2800 Visas per year per EB for India which is not sufficient. There are many threads on retrogression on this site so search and enlighten yourself.

 

[gravitation]

A confluence of factors:

• EB2-RoW doesn't overflow to EB2-India anymore, it goes to EB3-RoW.

• People started choosing EB2, if possible starting in 2003 when retrogression hit.

• Many people dumped their EB3-LC's and filed fresh in EB2.

A very very slow but steady progress expected.

 

[Nadi]

EB2 -- Why the PD isn't moving?
Is there any logical explanation?

Substitution labor is the main cause of ultra slow forward movement and sometimes reverse movement of the PD.

GC are produced at a regular interval .. but many guys are cutting in the line with better PD ... using substitution labor ... and walking away happy with GC in hand...

4 of my friends got GC .. superfast using substitution labor...

The only work around .. [other than the GC thru marriage ].. is to get a sustitution labor.

 

[indian_gc_ocean]

USCIS explanation

The following is from January 2007 visa bulletin,

EMPLOYMENT: Demand for numbers in the Employment Third “Other Workers” category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.

Now and then we have to keep reminding ourselves about uscis clues.

 

[garam.chadi]

The demand is created by sub labor.. Once they are done with then the line will start to move forward.

But I fear a real problem .. there are new sub labors added to the pool every day ... If they keep the demand up .. how will the demand ever subside...

any thoughts ?

The following is from January 2007 visa bulletin,

EMPLOYMENT: Demand for numbers in the Employment Third “Other Workers” category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.

 

[indian_gc_ocean]

The demand is created by sub labor.. Once they are done with then the line will start to move forward.

But I fear a real problem .. there are new sub labors added to the pool every day ... If they keep the demand up .. how will the demand ever subside...

any thoughts ?

Labor substitution is an issue but if you take eb2 it is not very easy to do a eb2 labor substitution now a days.

More than anything there is lot of PR work that is going on in moving the dates. Didn't the USCIS run out of India EB2 numbers last year while moving it six months. Don't you think that it is foolish to move the dates again by six months and park it in January 2003. But as per USCIS it is very important that they stop in 2003 rather than move month by month from July 2002. Now after moving it six months they give a disclaimer that further movement will difficult. But you see all the guys with 2003 PDs will still be hoping that they are close.

Also, if you look at the latest India EB2 approvals, people who are getting approved are 2001 PDs and 2004 and 2005 RDs.

So, my point is while it seems that the dates are not moving forward for India EB2, they have plenty of mess to cleanup before the current cuttoff dates that has accumulated over the years. Until then USCIS will continue to take every little chance to make unfortunate people slog in labor backlogs, name check backlogs, may be backlogs to backlogs in future. These centralized 485 processing at TSC and NSC is the step in the right direction to process all the backlogged cases and ensure some predictability to adjudication when working with only 2800 visa numbers. That way atleast people will have some faith in the system; Right now people are loosing faith as newer PDs and latest RDs approved faster and this is prompting everyone to go for WOM. Last thing uscis wants is too many WOM and it would take sometime to add predictability in the system.

 

[backlogged1]

Eb 2

Dear Indian gc ocean
Your comments are very informative.What do you mean by " people who are getting approved are 2001 PDs and 2004 and 2005 RDs."
I can understand PD 2001 but 2004 RD ?
Thanks

 

[GCInThisLife]

2004 RD - Receipt date for I485.

However, I think there something more to than Labor sub. I have heard that quite a few are trying to port EB3 priority date to EB2 provided EB3 140 is already approved. This can be done with the same employer or as a future employee with a new employer. Though it requires fresh processing of GC starting with Labor cert, it is now easier as PERM is taking less than 3-4 months and 140 premium processing in less than a month. It is bad for India/China EB2, but it is kind of good for india EB3.

But however, there is a trick that I am sure people are making use of i.e., get an EB3 Labor sub with early PD (before Jan 2003), use it to get 140 approved and later port that EB3 PD to EB2 while filing for 485.

I am not totally against PD porting if the same person who is waiting in EB3 queue ports to EB2, but I am kind of opposed (or not happy about) to way Labor subs can be tweaked to advantage. Some lawyers and staffing/consulting firms might be making lots of money out this whole process.

 

[indian_gc_ocean]

Dear Indian gc ocean
Your comments are very informative.What do you mean by " people who are getting approved are 2001 PDs and 2004 and 2005 RDs."
I can understand PD 2001 but 2004 RD ?
Thanks

I did not mean to say that the PD and the RD is for the same person. Looking into the recent approvals it appears that uscis is clearing old cases having 2001/2002 PDs OR 2003/2004 RDs. I know many pending India EB2 have 2002 PDs and 2005&2006 RDs. Still long way to catch up, but everyone can feel happy that they have reached PD 2003. Did we ever hear about a new s/w release with lot of pending bugs ?, thats what is India EB2's current situation.

 

[Tantra]

EB2 numbers allotted to EB3?

Went through some threads and read about this allocation of EB2 numbers to EB3. Almost noone is clear about why it is being done. Also, a lot of people observe this moving of EB2 numbers to EB3 as going against the spirit of the respective law.

The way USCIS puts a word or two towards possible movement, are they not answerable to explain what are they doing with EB2 numbers and in compliance of what law/rule?

 

[saras76]

PDs and NDs

Labor substitution is an issue but if you take eb2 it is not very easy to do a eb2 labor substitution now a days.

More than anything there is lot of PR work that is going on in moving the dates. Didn't the USCIS run out of India EB2 numbers last year while moving it six months. Don't you think that it is foolish to move the dates again by six months and park it in January 2003. But as per USCIS it is very important that they stop in 2003 rather than move month by month from July 2002. Now after moving it six months they give a disclaimer that further movement will difficult. But you see all the guys with 2003 PDs will still be hoping that they are close.

Also, if you look at the latest India EB2 approvals, people who are getting approved are 2001 PDs and 2004 and 2005 RDs.

So, my point is while it seems that the dates are not moving forward for India EB2, they have plenty of mess to cleanup before the current cuttoff dates that has accumulated over the years. Until then USCIS will continue to take every little chance to make unfortunate people slog in labor backlogs, name check backlogs, may be backlogs to backlogs in future. These centralized 485 processing at TSC and NSC is the step in the right direction to process all the backlogged cases and ensure some predictability to adjudication when working with only 2800 visa numbers. That way atleast people will have some faith in the system; Right now people are loosing faith as newer PDs and latest RDs approved faster and this is prompting everyone to go for WOM. Last thing uscis wants is too many WOM and it would take sometime to add predictability in the system.

indian_gc_ocean,

You are correct in that most India EB2 people who are getting approved these days are with PDs in 01 and 02 but RDs in '04, '05. There are a lot of EB3s in the same situation as well but since EB3 PDs are still in '01 they are stuck (I am one of them). I am not sure of EB2 but I know that a majority of non-245i India EB3s with PDs in 01 and RDs in '03 and '04 have already been approved. The people with RDs in '04 and '05 and PDs in '01 and before are mostly those who either got caught in the BECs, were in one of the slower service centers and got caught in retrogression and a bunch that are using labor subs. There was a time in late '03 and all of '04 when CSC and VSC went on an approval rampage and used up a disproportionate number of visas as compared to TSC and NSC. Although the number of visas is fixed, there is no oversight on service centers visa usage. Anyway, it will probably take another year for things to become clearer. This severe retro is entering its second year and BECs are also approving cases. We will all know our fate this year.

cheers,

saras

 

[saras76]

Speculation ..

Went through some threads and read about this allocation of EB2 numbers to EB3. Almost noone is clear about why it is being done. Also, a lot of people observe this moving of EB2 numbers to EB3 as going against the spirit of the respective law.

The way USCIS puts a word or two towards possible movement, are they not answerable to explain what are they doing with EB2 numbers and in compliance of what law/rule?

Tantra,

Please do not believe everything you read in these threads. A lot of this visa allocation analysis is speculation at best. Unless you see something specifically mentioned in the visa bulletin or a memo from the DHS/DOS/USCIS please consider most of it educated and some not so educated guessing.

cheers,

saras

 

[indian_gc_ocean]

indian_gc_ocean,

You are correct in that most India EB2 people who are getting approved these days are with PDs in 01 and 02 but RDs in '04, '05. There are a lot of EB3s in the same situation as well but since EB3 PDs are still in '01 they are stuck (I am one of them). I am not sure of EB2 but I know that a majority of non-245i India EB3s with PDs in 01 and RDs in '03 and '04 have already been approved. The people with RDs in '04 and '05 and PDs in '01 and before are mostly those who either got caught in the BECs, were in one of the slower service centers and got caught in retrogression and a bunch that are using labor subs. There was a time in late '03 and all of '04 when CSC and VSC went on an approval rampage and used up a disproportionate number of visas as compared to TSC and NSC. Although the number of visas is fixed, there is no oversight on service centers visa usage. Anyway, it will probably take another year for things to become clearer. This severe retro is entering its second year and BECs are also approving cases. We will all know our fate this year.

cheers,

saras

Eveybody is in the same boat. I don't think it matters much between a eb3 2001 PD and eb2 2002 PD in the waiting game. Well, I have been sitting current since this May and I do not even want to go for WOM as I already did AC21 and changed employers. Well, anyway that is all the past.

Lot of times I just wondered how uscis was able to approve cases in the 3-6 months in the past? and why is this not possible now. After thinking it over, I can only say this -- lack of visa numbers. It is something like donating a charity to the top quality acceptor when the resources are scarce. So, Apart from the PDs and NDs, I think there will certainly be a scan on the resource quality before the backlog game. Well, I am hoping that everything works fine at the end.

When labor backlogs are cleared uscis is now getting ready with namecheck backlogs. Also, if everyone keeps filing WOM, uscis will surely push the processing dates(not cutoff dates) backwards in future. I doubt they have something worked on this already. I think uscis is going towards FIFO on RD(ND)s but namecheck will continue to be a bottle neck.

 

[backlogged1]

Backlog after being current

Gurus
What happens if one becomes current and files 485 and then few months down the line his/her category becomes unavailable or backlogs like schedule A.
Thanks

 

[indian_gc_ocean]

Gurus
What happens if one becomes current and files 485 and then few months down the line his/her category becomes unavailable or backlogs like schedule A.
Thanks

application will be collecting dust (no processing will be done). Once visa number becomes available it will be sent to any latest backlog center at that time.

I am the still living example

Others who are dead or alive with '02 PD & '05/06 RD ,

TXLCRIR
Santa4u
BaliUSA
cksrp
nj_skm
michael_holding
q4u
Zany_Brainy
GC_SEP2005
BigBang2001
and many other guys from CSC, CSC-TSC, NSC, VSC-TSC

ah... too many names and too many combinations, no wonder namechecks are taking longer.