IMPORTANT-Retrogression

What this cut off date really means?

I am trying to understand what this cut off date actually means. It looks to me CIS is trying to block new 485 applications and clear the existing 485s with available visa number.

They, may be. set the cutt off date Jan 98 for india by knowing there won't be many before that date. In every month, each CIS center is getting 5000-10000 485 applications. Their philosopy may be to stop the new 485 application and remove backlog of existing cases. This can be a good news for people with already filed 485; however very bad news for people stuck in LC process. One other important indication of this - very few 140 approval in last couple of months (see immigrationwatch.com) which also indicates that they want to reduce the load of 485s.

Any other thought? :confused:
 
TH4GC said:
I am trying to understand what this cut off date actually means. It looks to me CIS is trying to block new 485 applications and clear the existing 485s with available visa number.

They, may be. set the cutt off date Jan 98 for india by knowing there won't be many before that date. In every month, each CIS center is getting 5000-10000 485 applications. Their philosopy may be to stop the new 485 application and remove backlog of existing cases. This can be a good news for people with already filed 485; however very bad news for people stuck in LC process. One other important indication of this - very few 140 approval in last couple of months (see immigrationwatch.com) which also indicates that they want to reduce the load of 485s.

Any other thought? :confused:
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This makes sense to me also. In EB1 category ..there aren't many back log so teh cutoff date is pretty much late august 2002. However, i can't digest that officials are working on i-485 when they are not working on I-140.

One thing is true that they want to clear the backlog. Every decision is pointing out the same.!!!

I am not sure analysis-wise whether processing-wise high number of Eb2 & Eb3 pending application will affect Eb1 numbers of any country !Brian any comments on this issue!
 
may affect EB1 for China

After couple of months, retogression may affect EB1 for China; because there are many chinese post docs in academic arena. Rest of world I think will be ok as long as the quota is 28% of total EB. From recent fast approval timing of EB1 I140, the load may be increase for 485. Other than that I think the bottle neck for EB1 case is security/name check.

_______________________________________________
NSC EB1-OR, 485/140 RD - April 2005, I140 appoved - May 2005,
FP - May 2005, EAD/AP/3YrExt of H1B AD - June 2005
I485 - whenever security/name check cleared
 
PD for EB1-OR

Good for you Krendel! My 140 approval stated my PD as my 140RD and that is what it should be as far as I know.
 
Somehow it does not make sense

All service centers are adjudicating 485s with RDs in 2005 and 2004. NSC is the slowest one and is still doing 485s with RD of June 2004. So technically, there should be no one who filed before June 1, 2004 in the EB1 or EB2 categories waiting at this time since the PDs are current at this time. Note that this is irrespective for all countries since all dates are current for all countries at present. There are a few exceptions to this such as me with RD of May 04 and who were transferred to Local Office etc. These numbers however should be only miniscule. How is it that they roll back the PDs that far now and that too for EB1s who are not impacted by PERM or Backlog reduction efforts? It somehow does not add up. If there is no one waiting (ideally) who filed before June 1, 2004, the most the PDs for EB1 should have retrogressed to should have been around that date only. What do you folks think?

Any EB1s with 485 RD before June 1, 2004 could you please add to the list.

No.____________Nick_______________485 RD__________________Notes
1____________pamit73____________May, 6, 2004___________Transferred to Local Office Aug 2005
 
pamit73 said:
All service centers are adjudicating 485s with RDs in 2005 and 2004. NSC is the slowest one and is still doing 485s with RD of June 2004. So technically, there should be no one who filed before June 1, 2004 in the EB1 or EB2 categories waiting at this time since the PDs are current at this time. Note that this is irrespective for all countries since all dates are current for all countries at present. There are a few exceptions to this such as me with RD of May 04 and who were transferred to Local Office etc. These numbers however should be only miniscule. How is it that they roll back the PDs that far now and that too for EB1s who are not impacted by PERM or Backlog reduction efforts? It somehow does not add up. If there is no one waiting (ideally) who filed before June 1, 2004, the most the PDs for EB1 should have retrogressed to should have been around that date only. What do you folks think?

Any EB1s with 485 RD before June 1, 2004 could you please add to the list.

No.____________Nick_______________485 RD__________________Notes
1____________pamit73____________May, 6, 2004___________Transferred to Local Office Aug 2005
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The same very question i asked my consulatant lawyer today!
the answer he gave me made sense
according to him. The dates the announce are based on 75 % approval.
remaining 25% when add up after retro become 50-60 % and thats why dates go behind!!!!
he also tells me this will get load shed in 6-8 months and come back to normal.
 
Retrogression effect

Hi forum members,
I am posting this here because this retrogression effect is going to affect me by a margin of 12 days and also there more senior experienced forum members actively involved in this thread.
I am in a situation where I will be completing my 3 years waiver committment in mid October 2005, my I 140 was approved in Apr 2005 thro' NIW-EB2. My attorney told, I couldn't file for EAD/I-485 till the 3 years of waiver period is completed with not even a single day to spare, so I was waiting for applying for EAD/I-485 after mid october 2005 ( after completing my waiver), now with the latest Visa bulletin news from Dept. of state, all those who do not apply for I 485 before Oct 1 2005, will be retrogressed for their for their filing times ( Those from India) to Aug 2002 for EB1 and Nov 1999 for EB2, my questions,
1.Is it possible for me to apply for the EAD/I 485 before Oct 1st 2005, despite my attorney's info, as I read from USCIS web site, one could apply for EAD/I-485 while fulfillinf ( doing ) their waiver, the memorandum was little confusing as it said, we could apply but the department may not approve or some thing like that http://uscis.gov/graphics/lawsregs/handbook/polgui214.pdf
2.If I produce my waiver completion letter, taking first 2 weeks of October as vacation in my current waiver job, will that qualify to apply for EAD/I 485?
My I 140 was based on NIW/EB2 ( without labor certification and without 5 years commitment of work in underserved area)i.e., EB-2 workers with advanced degrees or exceptional ability
Please suggest , i appreciate everybody's help
 
pamit73 said:
Good for you Krendel! My 140 approval stated my PD as my 140RD and that is what it should be as far as I know.
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pamit73 and eb1doc, thank you for your replies!

I still don't get it... Does anyone else have different PD (on I140 approval form) and RD?

After pamit73's remark I started to worry what's wrong with my case? :)
 
Krendel' said:
pamit73 and eb1doc, thank you for your replies!

I still don't get it... Does anyone else have different PD (on I140 approval form) and RD?

After pamit73's remark I started to worry what's wrong with my case? :)
Click to expand...
You are welcome!
Don't worry much about it Krendel.
For Eb1 category we don't have PD.
legally it is your I-140 filling date which becomes your PD.
I don't have PD mentioned in myletters too.
Well, I -485 approval is also based on clearance of name check, back ground check....so

if someone file I-485 now and had i-140 date of say dec 2004....it may not mean that he will get it soon .......atleast that what i have observed..
At the end of day..noone knows how it allworks!!!
 
Rate limiting for EB1

I agree with EB1doc. May be few % cases were left from older dates; thats why EB1 retrogressed for china and india. I think it will be ok within short time.

The limiting factor for eb1 filer is the security check or name check. I do not think there is much even backlog in this filers.
_____________________________
NSC, EB1-OR
485/140: April 2005
140 approved: May 2005
FP,AP,EAD : Done
485: pending
 
For a given country (e.g. India)

If EB1 + EB2 + EB3 < limit of 9800

then more filing in EB2 and EB3 would affect EB1 as well. The 9800 is the per country limit = 7.1% of 140,000.

What wrong with this?
 
TH4GC said:
I agree with EB1doc. May be few % cases were left from older dates; thats why EB1 retrogressed for china and india. I think it will be ok within short time.

The limiting factor for eb1 filer is the security check or name check. I do not think there is much even backlog in this filers.
_____________________________
NSC, EB1-OR
485/140: April 2005
140 approved: May 2005
FP,AP,EAD : Done
485: pending
Click to expand...


There is a limiting factor by the percentage a country can get of the visa number per year (7.1 % (?)). So if a high number of Indians get a visa number due to the fast PERM process in EB-2 and 3, this will also slow down the numbers in the EB-1 category for Indians, IMO. And I think it is hard to predict how fast the situation will change since to many factors are playing a important roel
 
existing I-485 applications

How will existing I-485 applications be affected by the retrogression. Will existing applications pending as of Oct 1 be put on hold until PD becomes current or will they continue to be processed as usual.
 
BlackHole said:
How will existing I-485 applications be affected by the retrogression. Will existing applications pending as of Oct 1 be put on hold until PD becomes current or will they continue to be processed as usual.
Click to expand...


After Oct 1 all I-485 (including pending ones) will be processed when their PD becomes current.
 
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