November Bulletin is out!

desi2007 said:
why are we fighting on this thing when there is clear proof on trackit site that they are approving beyond the PD's.
I think they are picking up applications based on the pd's but if all applications for the pd's are stuck in rfe/name check then ofcourse they have started the ones beyond the listed PD's you can see for example EB2 PD is April 2004, but they approved cases until september 2005. Have they picked all the ones from 2004 till sep 2005, I dont know. i think they pick the file with next PD at their center. so i dont think its just PD's alone. It matters where your file is and how many people are before you in that center
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Approvals beyond PD could happen only before October 2007,
September 2007 was the last month when people could expect an approvals beyond PD.

October 2007 starts new FY 2008. All unused visas for FY 2007 are wasted starting from October 2008.

Unused visas from FY2007 and earlier could be used in FY2008 only if congress approves to use them.
 
Below is my interpretation...

Both RD and PD are important. The way i see this working out is for example if you look at the below link (processing time) https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

it says TSC is working on 485 filed around Dec 19th, 2006. So if your RD is around 12/19/2006 and PD is current as of today, then your case will be approved provided Name check/ FP are all clean and cleared.

If this was not the case and they went only based on PD then, some body with say for example a PD of Jan 2001 and in EB2 applying 485 in say Oct 2007 have to be approved right away (and we all know that is not the case).

and atleast theoritically that is the whole point of USCIS publishing processing time for various application.

As always there are few exceptions and hey we are talking about a process where in 1000s of application are lying around... things always slip through the cracks and few people get lucky.

my 2 cents.
 
ohia3114 said:
Only applicants who have a priority date earlier than the cut-off date may be allotted a number. ...
Pay attention on the word. It is "may be". not should or must. The allotted number is a virtual number here and not actual number. If you said so above, can I ask you a question? Does the cut off date on visa bulletin mean that USCIS processes your case or approve your case?
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IMHO, the key word is Only in the above statement and the reason to add "may be" being that USCIS wants to emphasize that PD being current doesn't guarantee one to have a visa number allocated. USCIS still needs to weed out people who are inadmissible under §212 or are deportable under §237. Ofcourse like few other, the statement is open to personal interpretation, if you will and this confusion is what allows lawyers to make money. :)

Anyways, did some digging and seems like HQOPRD 70/11.1 address this. Check Page 4, # 8.
 
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Anybody who have doubts about the importance of PD may ask those who submitted their I-485 in 2002/2003 and waited till now to get approved. So moral of the story is:pD matters, RD don't.
Only reason why you will see approvals beyond PD is because the PD was current for all in July, and those cases which were otherwise complete waiting on PD were allotted a visa number. The actual processing and approval continued into the following months hence the confusion.
I would love to hear otherwise..
 
I agree with dr00A on this. they have all the PD applications now due to the visa bulletin fiasco. so they should be able to estimate correct PD now on (hopefully) and use all visa for the year.after all they have 400,000 applications there
 
labordrags said:
DOES NOT MATTER ANYMORE!!!!!!!!!!!!!
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I never cease to be amazed at the number of people who take some random posting they find on the internet, and spin it to make grand pronouncements about how US immigration has completely been stood on its head because they desperately want to believe.

You may desperately want to believe that priority dates do not matter, but they do. They always have, and they alway will until Congress changes the law to make FB and EB unlimited categories.

Have you been physically in the room when your I-485 was adjudicated, and the officer communicated with DOS to obtain the visa number and annotate the file?? I have. I know how this process works, because I've been involved with it for over a decade now. Trust me, instead of clinging to unrealistic fantasies.

You should pay careful attention to the data this individual put up, assuming it is true. All that happened on 10/15 was that the card was ordered. Look at my signature - my card was order one month after my I-485 was approved. You will also note that he had an LUD of 9/18 in the previous fiscal year. What a coincidence! About 30 days before, just like with me.

So what most likely happened is that the case was approved on 9/18 in the previous fiscal year using the pre-allocated visa numbers from the July fiasco, and the card was ordered 30 days later. That's far more likely than delusional fantasies that USCIS will ignore priority dates and give everyone a GC.
 
TheRealCanadian said:
I never cease to be amazed at the number of people who take some random posting they find on the internet, and spin it to make grand pronouncements about how US immigration has completely been stood on its head because they desperately want to believe.

You may desperately want to believe that priority dates do not matter, but they do. They always have, and they alway will until Congress changes the law to make FB and EB unlimited categories.

Have you been physically in the room when your I-485 was adjudicated, and the officer communicated with DOS to obtain the visa number and annotate the file?? I have. I know how this process works, because I've been involved with it for over a decade now. Trust me, instead of clinging to unrealistic fantasies.

You should pay careful attention to the data this individual put up, assuming it is true. All that happened on 10/15 was that the card was ordered. Look at my signature - my card was order one month after my I-485 was approved. You will also note that he had an LUD of 9/18 in the previous fiscal year. What a coincidence! About 30 days before, just like with me.

So what most likely happened is that the case was approved on 9/18 in the previous fiscal year using the pre-allocated visa numbers from the July fiasco, and the card was ordered 30 days later. That's far more likely than delusional fantasies that USCIS will ignore priority dates and give everyone a GC.
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I agree fully with you. To add more technially if the case was approved when the dates are not current, this person may need to contact local office and ask to rescind his GC. Case needs to be approved when the dates are current.
 
who is this real canadian?
why you speaks like you work for immigration?. give a break man. put your comments. dont enforce ppl to believe. let them have their choice. If you got your GC like us, we all can understand how much influence you had on the immigration department. its a place where non one knows whats happening atleast including SS & MC. thats why the whole fiasco happend. then how the hell you know it? there are cases approved beyond the dates with possible justifications. if we dont trust whats posted on the trackitt why should we trust your words man. think deep. leave ppl to their choices- dont force and act as is you are second to MC.
 
the realcanadian,
sorry. i looked at your moderator title only after posting.
please dilute your comments when you post
 
One thing must be sure. His case is Preadjucated in September. It just came out due to glitch/error/ignorance/preassigned reasons.
 
Be or Not to Be

NO glitch, NO nothing. USCIS has proved in the past and in coming days as well, they roll the dice according to their choice. Call it error or call it whatever best suits the dictionary, I tend to belive that they DO approve the cases beyond the PD. We will have to see and watch how many will get approval in coming days. But at this time, I hate to say that changed LUD back in Sept is the sole witness in getting the case approved in October. Whatever your theory is and whatever you are thinking, I beg to differ that PD matters anymore!!! Be with me or go with your own analysis, its up to you.
 
Everybody has his or her own theories. My colleagues applied recently (July/Aug 2007), thinking of approval in six months. They are with PD of 2006 and 2007 and belong to retrogress countries. A person who knows USCIS procedures try to explain, but they do not listen. Let's see what happens in coming months. No one correct in estimating USCIS and their procedures.
 
labordrags said:
NO glitch, NO nothing. USCIS has proved in the past and in coming days as well, they roll the dice according to their choice. Call it error or call it whatever best suits the dictionary, I tend to belive that they DO approve the cases beyond the PD. We will have to see and watch how many will get approval in coming days. But at this time, I hate to say that changed LUD back in Sept is the sole witness in getting the case approved in October. Whatever your theory is and whatever you are thinking, I beg to differ that PD matters anymore!!! Be with me or go with your own analysis, its up to you.
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Since you are Moderator, You have access to Rajeev. Can you please try to get his opinion on your opinion? Because this is forum which people believe. Being the moderator I would be more cautious to give such an opinion
 
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we will just have to wait and see in coming days

number30 said:
Since you are Moderator, You have access to Rajeev. Can you please try to get his opinion on your opinion? Because this is forum which people believe. Being the moderator I would be more cautious to give such an opinion
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I hate to ask him about his take on issue like this. I am claiming this based on what I have seen. I am just like you and others, just happen to be the moderator of this forum, thats all. I have posted the link where it goes and give out this individual information. Similar cases happened before in July/Aug/Sep, and now they do the same. It is really hard to predict how they do things back there.

Today I was looking at trackitt, and another user posted his PD which is not current getting approved. But I think this is a plain mistake on his side, since his PD is 2007 EB3 and its really hard for him to get it approved. I just don't agree with his/her case.
 
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desi2007 said:
put your comments. dont enforce ppl to believe. let them have their choice.
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I cannot force you or anyone else to believe anything. If you want to believe that the Earth is flat, the sun sets in the north and USCIS approves numerically limited cases without regard to priority dates, you're welcome to that. It's another thing to go running around spreading this information.

then how the hell you know it? there are cases approved beyond the dates with possible justifications. if we dont trust whats posted on the trackitt why should we trust your words man. think deep. leave ppl to their choices- dont force and act as is you are second to MC.
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I know how things are done because I've extensively studied the I-485 SOP while my case was in process. My own speculations on AC-21 at the time turned out to be justified by every memo USCIS has issued. And I've been in the interview room when the adjudicator approved my (and my wife's case) and requested the visa number from DOS, exactly how the SOP said it should be done. There are very, very few people who have been through an I-485 interview in a numerically limited category.

Go read the I-485 SOP. It hasn't changed much, and is easy to find searching this forum. Read up on it, and you'll see how critical visa numbers are. A case (outside of an IR or CR) simply cannot be approved without one. And the Visa Bulletin is very clear when it says "a visa number may not be allocated without a current priority date" - it's not a discretionary thing that can be waived by either USCIS or DOS.

2007 is a very curious year because of the 45,000 visa numbers that USCIS allocated in July and the resulting fiasco that it caused. However, every case you've seen over the past few weeks that was approved when dates weren't current can be explained by this alone. Even this case; the LUD was in September and the visa number may have been allocated in July when they were current.

Each times the dates retrogressed in the past, people saw a trickle of approvals after the first of the month and started theorizing that PDs didn't matter for I-485 approval, only I-485 filings. Then the approvals stopped (because no new numbers could be allocated for that PD, the trickle was due to visa numbers requested in the previous month) and reality returned. This situation is no different.

Again, I cannot make you believe. But it's going to take more than a single post to claim that I am wrong, and reality is unfortunately not a matter of choice or opinion. There is only one reality, even though it may be clouded. For the record, I've been wrong twice before - once when the PDs went totally current in 1999 or so, and when I claimed that using an EAD voided an H-4 visa stamp. And my opinion is worth every penny (none) you pay for it. :) But I would strongly, strongly suggest you educate yourselves (all of you) so that you have the necessary information to draw informed conclusions, instead of grasping at straws based on hope.
 
another one from trackitt

It is up to each individual to either believe or no, but here is another one just got approval for INDIA EB2. Oct VB has cutoff date for 01APR04. His PD is 27 Feb 2006. This could be done using the cross-chargeability, as the questions being asked for the user. If this is no cross-chargeability, I think we better go and search for USCIS Standard Operating Procedure (SOP)

http://www.trackitt.com/member/rockstart/

OR

It could be his visa number was already assigned in Jul/Aug/Sep.
 
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look real canadian: we are not questioning your comment about PD's. every tom and harry knows PD. There is no education reqd to see that logic. PD is the criteria for normal 485 approval process. But don't go beyond that..those documents clearly say "May" and as someone else pointed out it will not guarantee you a process start when PD is current.
The problem with many people are that they use their case experience and try to generalise. If everything went great we should not had a fiasco! or even a wrong I140 processing date still on their sites! we are all human, and errors/steps beyond processes are possible any time. Some times to correct we will need big ppl like AILA. so please dont misinform people that it never happens. you can say general trend si PD.

we are talking of the recent surge in approvals beyond the PD's and not the general trend. it is more a recent trend that we observed on trackitt. It is possible that this is very much related to the recent fiasco. Or it could be fraud entries. we all want to believe that so that none will be unfairly affected.

Through a discussion, more people might come out and state their cases which will either strengthen your view or otherwise. I am not sure why you took it so seriously with a view to impose that earth is not flat.

"It is i think very important to be straight but not so pushy (statements like I know how things are done because I've extensively studied the I-485 SOP while my case was in process. My own speculations on AC-21 at the time turned out to be justified by every memo USCIS has issued). " Good!
see how labordrags another moderator writes well. we rely on you moderators for a nice and good feed back both technical & tone. we thank you for your (FREE) help to all of us .
 
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