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NIW-EB2 I-485 retrogress?
- Thread starter ryy
- Start date
leroythelion
Registered Users (C)
ryy said:Hi, All---
Many people including some lawyers are discussing possible EB2 I-485 retrogress which may start in September. I have a question for this. Does this retrogress only affect Labor Certificate-based EB2 or affect NIW-based EB2 as well? Thanks.
All EB-2's are affected.
EB-1's for China and India will probably also retrogress at some point. Don't delay your application if you are born in these two countries.
Brian
leroythelion said:All EB-2's are affected.
EB-1's for China and India will probably also retrogress at some point. Don't delay your application if you are born in these two countries.
Brian
Brian, That's a good point. I do not really know much about retrogression but my question is: would it also affect the people who have pending I485 applications or is it for new applications only?
Thanks...
Grandhipal
Registered Users (C)
Pending applications too. It depends on your prority date and the cut off date published by USCIS
leroythelion
Registered Users (C)
GoEagles said:Brian, That's a good point. I do not really know much about retrogression but my question is: would it also affect the people who have pending I485 applications or is it for new applications only?
Thanks...
This is how it works. The gov't is only allowed to issue a certain number of green cards per year. The number gets broken up into employment and family based categories. Each category (eg. EB-1, EB-2) only gets a certain number. In adiition, there is a quota on each country. The only way to mamange this is to assign a priority date based on when your application went in thus creating a first-come first served system. When your priority date comes up, you are then permitted to apply for AOS or CP. If you are already in the system, then your application will not be processed until your priority date comes up. This has always had an impact on family-based immigration and has just returned for employment based. Countries with long waiting lists are India, China, Phillipines, and Mexico (the latter two familiy based more than employment based).
Brian