PD Retrogress - Not a problem.

D

Dont Care

Registered Users (C)
What do you say guys. I think, if we have completed 180 days from applying for 485, we should not worry about PD Retrogress. My view is, the target for the INS is to complete any application in 180 days. If our dates are current when the 180 days is over and if the application is not approved, I guess we have a strong case to get the GC even if the PD retrogress. With a good attorney we can argue and win this.

Comments please.
 
No Title

why shud PD moving ahead or back matter once u have filed 485? doesnt PD matter only till filing your 485?
 
PD matters.

PD matters a lot.Even if you have filed your 485 and later if PD retrogress then INS wont proceed further unless it becomes current.

As per attorney murthy(she got the info from Dept of state which releases the PD for every month)EB2 is going to retrogress 1 to 2 years and EB3 3 or so in the beginning of 2002.

eddyja.
 
Dont care, that\'s why I worried that PD thing on our FP notice.

I hope we all get our GC before the door is closed again.
Go VSC, please please approve our GC soon....
 
No Title

Well, PD Does matter. There are cases where the processing was suspended some time back for the PD retrogress. Dont consider this discussion as a pescimistic discussion. But, I am sure this time around INS cannot stop processing the GC for the PD Retrogress as per AC21.
 
i know ac21 says that you can chnage job after 180 days

but i don\'t think it says INS will keep processing yr app even yr PD is not current.
but you can change job after 180 days and it shudn\'t affect GC processing,
i do wish and hope that PDs don\'t retrogress and all of us get gc soon
 
No Title

INS cannot approve your i485 unless your PD is current. that is the law. AC21 has not changed it. you would still be able to take advantage of ac21 and switch jobs or continue after your 6yr h1 limit etc. but you would definitely have to wait until your PD becomes current again to be adjudicated. if the PD retrogresses next year to a date before yours, then you will have to wait for it to start moving forward again.
 
I think murthy doesnt know wot she\'s talking about

They have visas from 99 and 2000 as well as 2001
I think PD\'s will stay current for atleast another full year
 
I think PD will retrogress indeed..

1999, 2000 visa are not used up is because slow INS processing.
2001 visa is not used all is because we got extra 50,000 visas(so total EB is 190,000) from family based quota in 2000 plus new law AC21 allows India/China use "unused visas" from other countries.

2002, we are back to normal 140,000 and INS speeds up processing 485. so PD most probably will go back .

Any other thought?
 
No Title

What year/month will be affected if it does retrogess ?
For EB3 which year\'s PD will it affect ?

From what I see INS is going to process I-485 cases for 2001-April
in Jan 2002 so what is the cutoff of EB2 / EB3 that can make it next
year ?

Any guesses ?
 
No Title

It is hard to predict at this time. My pure speculation is that it will regress for 1-2 years some time in second quarter of 2002. However, situation will improve after the end of fical year of 2002 n(Oct) becasue of AC21 impact of using unused visa.
 
PD retrogression

Based on my past experience with Immigration in general, one has to consider the worst case scenario. Interpreting early part of 2002 as 01/01/2002 and a two year retrogression, we are looking at priority dates to retrogress to 12/31/99. Please note that this is the worst case scenario for EB2/India category. Simillarly, a best case scenario leads to priority dates retrogressing to 03/31/2001 for the same category. However, observing immigartion in general and VSC in particular for the past few months , I would tend towards the best case scenario. Any thoughts?
 
Guys, use your brains

They\'re already approving cases till 1/01, so it can\'t go back that much IF at all. We need to keep in mind the fact that the new LC\'s and 140\'s r being rejected and RFE\'d heavily due to the meltdown in the valley and alley, as well as the all round layoffs.
 
No Title

Anil its good to see a positive attitude ,we are all speculating
expecting the worst -- but hoping for the best ,
For all our sakes I hope that u are right :)
 
smart guys

My friends PD is one week latedr than me. Both are EB3. He got physical card 3 months back and I could apply for 485 juast a month back. As long PDs are current approvals will go or atleast we believe. Rerogression is for sure. 1 -2 years for EB2 and 3 - 4 years for EB3.

Before asking others to use their grey matter, try to understang how INS adjudicates and behaves. No day dreaming.
 
PD should not matter

I have consulted my lawyer about this. She told me that changes related to the PD does not matter after I filed the adjustment application. What counts is that the PD be current at the time the I-485 is received by INS.
 
some facts about PD

1) There were 180,000 visas reclaimed by ac21. This had not been used at all, as of august 2001. (reported by AILA).
2) There will be 140,000 visas available for this fiscal year (oct 01 - sept 02).
3) That makes it a total of 320,000 visas available this year.
4) INS has never processed even 140,000 visas in a year ever and we have no reason to believe that they will this year either.
5) when there are more visas available than there is demand, state dept cannot retrogress dates.
6) the situation is different from the last retrogression because ac21 has increased visa availabilty for india. the excess unused visas
are added every quaterand not at the end of the year as someone had posted here.
7)taking these facts into consideration, it is difficult to be persuaded that PD will retrogress any time soon.
8)regarding attorney murthy (i have followed her chats the last 2-3 years), while here chat and the other info that she provides on her website is useful, she has never predicted the movement of dates correctly. she did not when the last retrogression took place nor did she predict the dates becoming current this time. So I wouldnt set too much store on her predictions of a retrogression early next year
other that to believe in the general fact that It willgo back some time in life.
 
Nari Contractor, could you provide the link to your item 1 ?

Even if 180,000 visas reclaimed , doesn\'t mean that will be available to 2002 , DOS controls the distribution for these extra visas, DOS has said they wouldn\'t use extra visas only for one year , rather they will balance them among the following years to maximumly prevent PD retrogress for ALL countries . what they mean is they need consider not just INDIA or China\'s PD movement, they said Russia is also the next possible country to become backlogged.

So only number we can rely on for 2002 is normal 140,000 ,

As for Murthy\'s prediction, I have seen Mr.Shusterman, another powerful lawyer also said the same thing in his latest immigration bulletin. so I guess PD retrogress is surely possible.
 
History always is our best mentor

Considering last time when PD cut off date became current and then retrogressed after 11 months, let\'s see some data here:

July 1999:
   China EB2=01SEP97, EB3=15JUL95
   India EB2=01OCT98 EB3=01SEP96
August 1999 through April 2000
   All current
May 2000:
   China EB2=01JUL97, EB3=01JAN97
   India EB2=01APR99, EB3=01FEB97

What can you see from the above fact?
The PD cut-off date won\'t retrogress prior to the cut-off date right before the current.

Refrenec: http://dosfan.lib.uic.edu/ERC/visa_bulletin/index.html
JimZ
 
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