Mood of Retrogression this October.

This is not how it happened ...

nTan said:
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 ....
Click to expand...

nTan,

The process you have defined is how the system was "SUPPOSED" to work. When PDs were current the USCIS did not follow any FIFO or any stats. They approved cases in a totally random fashion. That is why we have a situation where thousands of later PDs got approved and many many older ones got left behind. Now that they have created this monster, they are trying to explain to us how there are to many pending cases and not enough visa numbers. If cases were approved in the proper PD order this mess would not have turned out this way. Don't get me wrong the retro would have hit anyway but people with newer PDs would have been affected because USCIS would have approved the older PDs. Now you have a situation where the older PD guys are still waiting while newer PD people have been approved and retro has hit. So there are thousands of people who got their GCs within 2-3 years while the rest of us (2001 PDs and before) are going to have to wait for 6-7 years.

regards,

saras76
 
There are more and more older PD getting approvable ... because of
1> Guys getting cleared out of BEC
2> Getting Pre-Approved Labor.


There must be some amount of randomness in approving ... but the pattern might remain for a long time ....

The pattern ... Slow creeping forward of DATES thru the year and big jolt backward every OCT.

This pattern might ebb when the Pre-Approved gets blanket ban and most of the guys get cleared out of the black hole BEC.

[Although many people feel that Pre-Approved is not doing any damage ... but I feel YES ... it is making the wound much worse]

Well whats your view on the pattern....
 
Last edited by a moderator:
It is our misfortune that we filed at TSC

saras76 said:
When PDs were current the USCIS did not follow any FIFO or any stats. They approved cases in a totally random fashion. .............
Now you have a situation where the older PD guys are still waiting while newer PD people have been approved and retro has hit. So there are thousands of people who got their GCs within 2-3 years while the rest of us (2001 PDs and before) are going to have to wait for 6-7 years.

regards,

saras76
Click to expand...

When PD was current, USCIS service centers were indeed following some sort of FIFO by the filing dates. It is our misfortune that we filed our cases at TSC who were processing the cases at snail's pace (compared to CSC who were approving cases rapidly). That is how many lucky guys who filed later got their GCs earlier! This problem is taken care of by bi-specialization and making TSC responsible for processing CSC I-485 cases :D
Now USCIS is rubbing salt over our wounds by making us wait for our seniors from the April 2001 group in the name of implementing FIFO :mad:
Many of these folks are still in BECs and have not even filed their I-485.
 
Whats done is done ..

Dallas03096 said:
When PD was current, USCIS service centers were indeed following some sort of FIFO by the filing dates. It is our misfortune that we filed our cases at TSC who were processing the cases at snail's pace (compared to CSC who were approving cases rapidly). That is how many lucky guys who filed later got their GCs earlier! This problem is taken care of by bi-specialization and making TSC responsible for processing CSC I-485 cases :D
Now USCIS is rubbing salt over our wounds by making us wait for our seniors from the April 2001 group in the name of implementing FIFO :mad:
Many of these folks are still in BECs and have not even filed their I-485.
Click to expand...

Dallas,

Just as you, if I start going into all the misfortunes with my process then it will take all day and people will get sick of it. A look at my signature will give people a brief insight into what the USCIS has done with my case. Anyway, I am done feeling sorry for myself. What is done is done. I am here now and I am trying to do the best I can. I just try to help people along the way in whatever way that I can. Its about the only thing that makes me feel any better about this process.

I am going to follow immigrantion reform movements, help IV in the best capacaity I can and will try to answer relevant questions that people might have. I am done thinking about what happened in the past and I am done speculating whats going to happen in the future.

regards,

saras76
 
245i and Retro

I concur with you that 245i and Retro MAY NOT be related. What is frustating for an EB3 applicant is, even murthy.com keeps on stating that EB3 will slow down because of 245is. Why EB3, why not EB2 also? To me this is a blanket statement. I would be happy if there was a qualifier like 245is will mostly affect family based category, to some extent EB3 and may be to the least extent EB2. Also, an 245i applicant has to go thru the drill of labor/I-140 and I-485 stages except that the undocumented stay in US, if any will be rectified by 245i applicantion and a penalty. To me, this 245i applicant for employment based, should have found a sponsor in 2001 to benefit. This means he/she started GC in 2001 and is in line. Per FIFO he/she is not jumping the line. In this sense, a non-245i applicant (US stay documented all time, legal) and a 245i applicant are one and the same for me. Why cry hoarse?

Please correct me if I got it wrong? If 245i is a non-issue, just dump it and move on with your life and not get frustrated. There is no proof anywhere like USCIS saying 245i is the basis for EB3 retro, then why make a mountain out of a mole hill?



dryheat said:
I don't think retrogession is based on 245i, makes no sence. The real reason behind I think is USCIS reorganization. Bi-specialization initiative is just first step in that direction. Processing time for I140 in NSC jumped 4 month in just 5 days.

Bi-Specialization and Reshaping Service Centers Processing Times Report:
Immigration-law
Click to expand...
 
You concur, but this is not what USCIS has been stating. Many in this forum would follow the official information from USCIS and people has the right to debate and understand the impact those 245(i) applications really have on us.

holen said:
I concur with you that 245i and Retro MAY NOT be related. What is frustating for an EB3 applicant is, even murthy.com keeps on stating that EB3 will slow down because of 245is. Why EB3, why not EB2 also? To me this is a blanket statement. I would be happy if there was a qualifier like 245is will mostly affect family based category, to some extent EB3 and may be to the least extent EB2. Also, an 245i applicant has to go thru the drill of labor/I-140 and I-485 stages except that the undocumented stay in US, if any will be rectified by 245i applicantion and a penalty. To me, this 245i applicant for employment based, should have found a sponsor in 2001 to benefit. This means he/she started GC in 2001 and is in line. Per FIFO he/she is not jumping the line. In this sense, a non-245i applicant (US stay documented all time, legal) and a 245i applicant are one and the same for me. Why cry hoarse?

Please correct me if I got it wrong? If 245i is a non-issue, just dump it and move on with your life and not get frustrated. There is no proof anywhere like USCIS saying 245i is the basis for EB3 retro, then why make a mountain out of a mole hill?
Click to expand...
 
I hope USCIS has even 1% of commonsense and understanding we have, Our problems would have been long solved.

I dont know what happens with that bill but I hate to say that these illegal bojos might really screw us. I hope this senate realize this and dont give amnesty to these.
 
The one most responsible for this mess is DOL. They approved petitions oif later filers and not earlier filers. That is why USCIS had to approve their I140 and 485 and give GC.
DOL should have followed true FIFO and either approve or reject application without keeping it dangling for years.
 
Yesterday on CNN, Sen. Kyl and Cornyn hit the nail:as most members of this forum know very well, USCIS and the US Government has no infrastructure in the short or mid-term to implement such guest-worker/amnesty program. Just imagine what would be issuing, in the lightest case scenario, work permits to 11-20 million people. Do you really think USCIS adjudicators would have time to work on our petition ? People are coming to the US at higher rate now waiting for the legalization day. This not to mention that fraud should increase the number of applicants:it is expected that many would simply fake documents showing they have been in the country for 5+ years. That is not difficult to do.

The bottom line is that this debate may proceed throughout the year. That's not my speculation, is just what is floating on the news.





MADANST said:
I hope USCIS has even 1% of commonsense and understanding we have, Our problems would have been long solved.

I dont know what happens with that bill but I hate to say that these illegal bojos might really screw us. I hope this senate realize this and dont give amnesty to these.
Click to expand...
 
Actually I am from EB3 World, not India, but I do have many Indian friends in that category. EB2 India has been making alot of progress since Sept 2005 Visa Bulletin, so it's anybody's guess right now when it will become current.
At least those categories seem to have a light at the end of the tunnel.

for_gc said:
ufo2002, I know that your main concerns are for EB3 India, I will like to know what are your thoughts about EB2 India. Do you think it will be current anytime soon?

Regards.
Click to expand...
 
I do not think that there will be any retrogression at all. The worse I thik could happen is that the EB3 category might become unavailable before the end of FY 05 but when more visas get allocated for the next FY the dates will pick up from the point where they stopped.

I really think that all this is nothing else than a manipulated show by the BCIS to get a permanent relief on thier huge workload, then I do not see either the dates becoming current like in the past unlease there is an immigration reform that fixes this issue.
 
Gurus,

Can anyone please point out if there is any info regarding the Break-Up numbers for the 245i cases into Family Based and Employment Based?

Regards
 
I talked to my friend yesterday ...
He said that there are atleast 21 known cases of labor substitution ... mostly in 2001 area ... in his company. He suspects there are many more who are out there in field .

Why one thinks there won;t be any retrogression this comming OCT.. I wonder.
 
You must log in or register to reply here.
Top