Major Passible Danger - Priority Date Retrogression Expected

andreab67

Registered Users (C)
Dear Team,
here we go with the new trick....
I was reading MurthyBulletting that states:

MurthyDotCom and MURTHYBULLETIN readers recently were advised that priority dates will likely retrogress, or move backward, in both family and employment categories in 2005. The retrogression in employment-based categories could occur as early as January, according to the U.S. Department of State (DOS).

Now in the part that interest us it states:

If one has an employment-based I-485 filed already, the first hurdle has been overcome. The employment-based priority dates are all current at this time, so they filed at a time when the dates were current. These cases will go through the ordinary procedures until the priority dates retrogress. Once the dates retrogress the impact on a pending case will depend upon whether the dates retrogress to a point earlier than the priority date of that case. For example, a case with a priority date of January 1, 2002 will not be impacted if the priority dates retrogress to January 1, 2003 in the relevant category. In this example, there are sufficient visa numbers available for all cases filed before January 1, 2003. Thus, our January 1, 2002 illustration case can proceed normally.

However, using the same example, if the priority dates retrogress to a time earlier than January 1, 2002, it will not be possible for the case to be approved until the priority dates move forward again. In this situation the I-485 will remain in pending status until the priority date reaches January 2, 2002. At that time, the case will be eligible for approval. Of course, whether a particular case is acted upon at any given time depends upon the processing times at the USCIS. While awaiting case action one is eligible for Employment Authorization (EAD) and Advance Parole.


I say here we are, Texas Service Center is preparing to hit us badly, they are not calling us for fingerprinting approving 2003 and 2004 cases, then when they run out of GC for fiscal year 2005 they may roll back the priority dates to something like July or September 2002 and we will need to wait for the new fiscal year....
There is a potential here for a big time hit on us..... Considering the unfairness of TSC in processing newest cases before us I see it as a real treath...

Comments are welcome....

I think that this potential move should be consider by the litigation guys and immigration.org group....

Regards

Andreab67

I-485 RD 09/02 No FP
Now I-140 Approved with Priority Date 12/02
 
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I Agree

What a fair deal .....

Guys, lets get together and possibly represent ourselves as a group
to some authority to move 2002 cases also, with no FP at all. We are
now in 850 - 900 days and some of us even crossed that.

I know most of us are tired and frusted, so do I, but winners don't quit.
"Haam Hongaa Kaam Yaab, Ek Din .... ", We sang this standard song in Schools, but never realized the depth of it untill applied I485 process.

ND 07/02
FP I am not sure even God knows....
 
Good. I have been thinking of this kind of proposal since long. I also think there is no time for thinking but moving fast and smartly. We should immediately ask the court to direct USCIS to approve cases based on Priority Date ir-respective of processing center.

Suggest?
 
Great Point Brij523 - Do we have rights to do so?

Hi Brij523,
this is a great point,
problem is now, do we have civil rights to do so?
It seems that being immigrant in this country means no civil rights...
If we had some we could even define some grounds of discrimination here...
But as now...
It looks like we need to move but how?

Regards

Hopeless Immigrant....

Andreab67
 
I am not a Lawyer. But we can take help from some lawyer for his/her opinion on the question you have posted. But for that we have to contribute money. Now like minded people should come together and decide on the issue of contributing!!
Or people can talk to their respective lawyer and find out what are the options. But possibly talking to your lawyer may cost money.
Quickly I think we should form a team of 5-10 people who are commited and take action. By above statement I don't mean that other people can't join. The more people join the better it is for us - financially and morally.
 
Count me and present a plan the procedure you will follow to take on INS. I am sure to file law suit against INS if nothing happens in my case by January 31, 2005. I think that is the only way you get justice in this country.

KP
I-485 RD/ND July 05, 2002
Priority Date July 2000
FP No
 
2002 guys , why dont you think this is good for old filers specially the non-concurrent guys who are waiting while 2003/2004 cses are being approved. Will make the approval in order of first filed first basis wrt PD and all old cases will be cleared first.
 
You Maybe Right deepak007

Dear deepak007,
you maybe right,
it depends from how big is the retrogression period they will apply.
You see they are unfair people, they could retrogress 3 or 4 years.
They make and change the rules at their pleasure.
So, yes you MAY be right, if they play fair...

Are they going to play fair?

That's the big question, so far they played dirty... and we are the ones who get damaged on a daily bases.

Are they going to change and do something to help us out?

Or just retrocess to the earliest date and be done with us till fiscal year 2006?

Only time will tell...

Regards

Andreab67
 
deepak007 said:
2002 guys , why dont you think this is good for old filers specially the non-concurrent guys who are waiting while 2003/2004 cses are being approved. Will make the approval in order of first filed first basis wrt PD and all old cases will be cleared first.


The point is that USCIS ran out of visa numbers for 2003 filers because they haven't been processing cases in the order they were received. If they followed this one rule, and got the 2002, (and even the 2001 cases) approved by now, then they wouldn't be in this predicament. Its USCIS's own fault, and now, 2003 filers will have to pay for it by abiding by the priority date. They wouldn't have needed the priority date if they had only filed the cases in order. Also TSC has always been the slowest center. If the other service centers approved cases at the same rate as TSC, then they would not have run our of visa numbers so quickly. Now with the priority date, VSC filers will have to wait until all the really old TSC cases have been approved, since all centers would have to abide by the same priority date. TSC filer definitely have an advantage over VSC and CSC filers on this point, you were already basing your expected approval on a date that was 27 months or so into the future. VSC filers on the other hand today are expecting to get approved in 18 months or so, but when the priority date comes into affect, the wait time should be the same for both TSC and VSC cases.
 
CuriuosGeorge that would be true if the TSC was a fair Gvmt entity

Dear CuriuosGeorge,
what you describe is correct if TSC is a fair government institution.
I do not see them being that.
They did not prove themself to be fair.
What is we see coming from them in the last few months is unfairness.
They care about making numbers they do not process FIFO.
Most of all they are very busy and, in my humble opinion, if they can find a way to stop working on our cases they will do it.
Remember they need to get in the dusty storehouse to pick them up, look at them, possibly digitize them and enter them in the new IT System.
The new cases are going in the IT System immediately...
That is how they are able to approve an I-485 in 2 weeks, yes CuriousGeorge 2 weeks... While we wait years....

http://www.immigrationfocus.com/imm...sof=11/06/04&tk=-506370837&tkxp=1100013084350

I really hope you will be right CuriousGeorge, I really do...

Best of Luck with your process...

Regards

Andreab67

RD 09/02 No FP
 
It is indeed disturbing Andrea and the rest are right we may be left out in the cold.

Does anyone know at what point do the visa numbers come into question? One of my friends was mentioning that the A number is the visa number and if someone has been allocated an A number then he should have nothing to worry about. However, I am not sure that this is true.
 
Every body, who has filed and have gotten I-485 receipt should have A #.

VISA number will play role when they run short with annual quota. For example if all 2004 fiscal year VISA are used they have no choice but retrogress the priority date (PD).

The PD (For EB2, 3, etc) is date when your LC was received in Labor office. For EB1, PD is date when your I-140 was received at service center.

My details are
PD July 2000
EB2, I-485 RD/ND July 5, 2002
FP NO

KP
 
Long ago I just sent one Fax request.

Problem is that these 2002 cases and may be some 2001 cases are dumped some where eating dust. No officer is interested in making their hands dirty. As opposed to 2002 and 2001 cases, 2003 cases are digitally store.

Hope, one day all of us will be approved

Thanks

KP
 
Patel Krishnan,

What will the priority date for the people used substitute Labor? Any Idea?. Will that be Labor recieve date OR I-140 Receipt Date?
 
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