Q: Effect of retrogression on EB2

lcrusader

Registered Users (C)
Hi Guys,

There have been several threads that discussed the possibility of EB2 retrogression and shusterman implies that it could happen in August. If EB2 does retrogress, how many months/years will we be pushed back? Anyone know how to get the figure based on current 485 processing? CIS processing dates show that Vermont is processing Aug 2004 applications.

Thanks
Ravi
 
lcrusader said:
Hi Guys,

There have been several threads that discussed the possibility of EB2 retrogression and shusterman implies that it could happen in August. If EB2 does retrogress, how many months/years will we be pushed back? Anyone know how to get the figure based on current 485 processing? CIS processing dates show that Vermont is processing Aug 2004 applications.

Thanks
Ravi

This data for EB3, EB2 will not go worse than that.

Assumption, you are from India, and PD is March 28, 2005 (PERM or RIR does not matter)

Let us see some historical datas for India

Year Priority Date
95 Nov Current
95 march C
99 March 8 Feb 96
2000 Oct 8 Feb 97
01 Jan 22 march97
Dec 2004 Current
jan 2005 01Jan 02
Apr 05 01 Apr 02
June 05 01 Jun 02
July 05 U

March 95, the date was current , in March 99 it retrogressed to 8 Feb 96
Dec 2004, the date was current, in jan 2005 it retrogressed to 1 Jan 02
June 05, the date was 01 Jun 02, in July 05 it retrogressed (- ) infinity

If it retrogessed certain date, say 1 Jan 02, still you can file your I 485, if your priority date is on or before 30 Dec 2001.

If date is unavailable, it retrogressed to minus infinity.

Suppose you have priority date 1995 (with a substitute labor )and you have I 140 approved, you can not file I 485, until dates are avilble. (See, How much days are retrogressed).

For Your case March 28, 2005, if your LC/I 140 all approved, you may have wait many years before you file your I 485. See historical data for a glance.

Unavailable is worse than retrogression. But, soon "U" become some dates in Oct 2005.
 
Total EB catagory 140,000
Total Family Catagory 226,000

EB-1 40320
EB-2 40320 + Unsued EB-1
EB-3 40320
Others:19040

Caveat:
No county can get more than 7% of world wide limits that means:
7% of Total World Wide Limit = 0.07 x (140,000 + 226,000 ) = 25,620

Cutoff dates are selected based on following criteria:
If the demand could not be satisfied within the statutory or regulatory
limits, the category or foreign state in which demand was excessive was
deemed oversubscribed. The cut-off date for an oversubscribed category
is the priority date of the first applicant who could not be reached
within the numerical limits.

So if the First EB-2 applicant not reached in the linits is in 2002 or even 2001
(because of 340,000 pending labors at BEC this might be possible), that is how far back the dates will go.
It will move at pace governed by how many EB-2's are in BEC in various months. I DON'T KNOW HOW MONTHLY ALLOCATION WORKS OR HOW THE NUMBERS ARE SPREAD OVER A PERIOD OF ONE YEAR.
It will become unavialable for a certain country depending upon when a
country exhaust 25,600.
It wil become unavailable to all if 40,320 + All ununsed EB-1 are used up by EB-2.

In most scenario becasue of the way things are it will be worst for India/China. Another paradox is when people from India and China will be waiting for visa numbers there will be some visa numbers that will be unused and ubsequently lost becasue there will be no takers from other countries.

Besides historical retrogression data is irrelevant in current context because,
1. Year 2000 and 2001 has 160,000 H1B compared to 65,000 in other years
2. Number of approvals in 2002 and 2003 have been historically very low leading to backlogs.
 
lets NOT go retro!

All this data sounds quite scary. But I would appreciate it if someone can put it in some simpler words for me. Lets say in Aug 2005 my PERM case gets approved with PD aug 2005, can I file 140/485 simultaneously? and also given the current backlog levels, how long before I see the green card (assuming I am still alive when that happens!)
 
peace4u said:
All this data sounds quite scary. But I would appreciate it if someone can put it in some simpler words for me. Lets say in Aug 2005 my PERM case gets approved with PD aug 2005, can I file 140/485 simultaneously? and also given the current backlog levels, how long before I see the green card (assuming I am still alive when that happens!)

For EB3 you can not.

For EB2 yes as of today (dates are current), if the date retrogress to Jun 2002, calculate how many years you have to wait to file your I 485 . (I 140 can be filed at any date for any category)
 
great guru..
i am from syria, and i am starting PERM now, should file in october
i can file I-140 at any time..
but i cannot file I-485 until when?
i though retrogretion was for aliens from china/india/mexico/philippin ?
regards
 
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