Even with new GC numbers ... there might be an retrogression..
asiandude said:
whats the logic behind your attorney's theory that EB3 and EB2 will see a bigger retrogession this Oct.
Because on the contrary in Oct there will be new GC numbers available for next year.
Yes ... Even with new GC numbers ... there might be an retrogression..
Let me explain this ...
USCIS goes(tries) FIFO in terms of approving 485 ... FIFO on the list they prepare in the begining of the year ... Thats' Oct. The list contains the name of all the approvable petitions.
In the begining of the year .. they have a list .. they sort it by PD and then they go approving... or RFEing etc.
If some petition (which are not in there list) become approvable in that year .. they do not include the petition for that year ... they just move in to the next year ... that is a new approvable petition gets reordered in the next year list ...
This with Example :
Say a guy applied for Labor in the year 1999. For some reason his labor got approved in Jan 2006 ... and he is from India and EB-3 .
He got his 140 approved in a month time and since his PD was current he applied for 485.
Now his case is approvable ... but he won't be considered this year .. His name will appear in next year(OCT 96) list, probably on the top.
Let me assume some random number:
Say for India, there are 10 visa number for 1st Quater.
Now there are 12 guys who become approvable this year .. and moved on to Oct list ...
lets say there PD is as follows
1/1999,2/1999,3/1999,3/1999,4/1999,5/1999 .........12/1999
Ok now in OCT ... when USCIS sees 12 new guys joined in with earlier PD's and they have just 10 visa number for the quater ...
Then they put the cut-off date at 10/1999 ....
If in Sept of this year ... the dates were 10/2001 ... then we will say the dates retrogressed by 2 years ....