Who ever not able to 485 file because of “current flip flop” is in highly emotional state. It is understandable. However, this thread led to vulgar. One should relax their mind and emotion to analyze the truth. However, they did not analyze the retrogression as well as INA well. I am neither supporting nor opposing law suit. I am writing just my opinion about the merit of the law suit, as I was watching the retro last 3 years and analyzing various available data. Don’t jump on me if you don’t like my posting.
If you watched retro for last 3 years, you should have questioned how it is possible to make all "current" in July. There was a huge controversial argument that EB3-India may not move for decades till EB3-ROW become current. Any one with least knowledge should have got big doubt on initial July VB. After seeing June approvals (particularly EB3 India) pouring in this forum in the first week of June, I thought that in July VB EB3-India will become “U” and EB2 India may move couple of months. On the other hand July VB was completely opposite. I felt that, it has some mistake. No one wondered or questioned. Everyone rushed to file 485 on joy. It is something similar to a hypothetical situation, if some one comes and tells you that Aishwarya Roy is willing to marry you. You should have first got doubt and called Aishwarya Roy to find out whether she is really willing to marry you, before making arrangements for marriage. Now you made arrangements for marriage and filing law suit against her. If Aishwarya Roy says that she has no intension to marry you, no court can force her. Same situation here. If DOS/CIS says no visa number available to accept new application, no court can force them. Even without updated VB and a notice by USCIS on July 2, they are protected by INA. In other workers category they did not do so in June. As per law “an immigrant visa number immediately available at the time of making an application of AOS”. Now they are more protected, because of notice they given to customers on July 2 and informed the customer that no numbers available. Therefore, the law suit will not survive. If they accept 485 in July, it is just by a mercy or a humble request by the flower campaign, not by law.
Everyone, forget the amount of help USCIS are doing now, particularly to EB3-India. The demand for ROW is considerably increasing. There is no static boundary to stop the demand forEB3-ROW and EB2-ROW. ROW takes most of the visas due to PERM and its boundary is dynamically expanding every month by fresh applicants, by forcing EB3-India in Stone Age cutoff dates. USCIS felt that if this happens continuously, EB3 India never moves further past Apr 2001 bottle neck (due to 7% quota). They took a very smart decision to give all the numbers to old EB3 guys. Now they gave the numbers to EB3, EB2 folks in India, China and Mexico. That’s why June VB, India could go up to June 2003. It is a big favor to India, China and Mexico. Everyone from India should thank USCIS instead of suing them.