retrogression, application deadlines???

A

AGM6

Registered Users (C)
HI guys,
sorry for this probably easy question, but I am new to this: I read in many comments people talking about retrogression, to be current or not, and to depend on the fact from which country you are coming from? Also people talk about different dates that forced them to submit applications ("window closing on August 1st....").
Can anyone explain for beginners like me what this all means? What is retrogression? Where can I find out about these dates and what I have to take into acount depending on the fact from which country I am?
Thanks!
 
AGM6 said:
HI guys,
sorry for this probably easy question, but I am new to this: I read in many comments people talking about retrogression, to be current or not, and to depend on the fact from which country you are coming from? Also people talk about different dates that forced them to submit applications ("window closing on August 1st....").
Can anyone explain for beginners like me what this all means? What is retrogression? Where can I find out about these dates and what I have to take into acount depending on the fact from which country I am?
Thanks!
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go to google.com and type "visa bulletin". then click on "visa bulletin". This will take to the dates for each country.
 
AGM6 said:
HI guys,
sorry for this probably easy question, but I am new to this: I read in many comments people talking about retrogression, to be current or not, and to depend on the fact from which country you are coming from? Also people talk about different dates that forced them to submit applications ("window closing on August 1st....").
Can anyone explain for beginners like me what this all means? What is retrogression? Where can I find out about these dates and what I have to take into acount depending on the fact from which country I am?
Thanks!
Click to expand...
You can find detailed info about retrogression from DOS website http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. Basically, retrogression means there are more GC applications than its per country limit from certain countries (currently China (mainland), India, Mexico, and Philippines) and the immigrant visa numbers are not immediately available (i.e. NOT "current"). In practical term, that means they cannot file I-485 to adjust their status until their priority date become "current." For example, according to the Visa Bulletin for October 2006, EB-2 (including NIW) category in China and India has been "retrogressed" to 04/01/05 and 06/15/02, respectively. That means people from these two countries with priority dates after the posted above have to wait before they can file I-485, EVEN IF THEIR I-140 (in EB2 category) HAVE BEEN APPROVED. I think that's why many friends from India in this forum opt to file EB-1 (even many of them got NIW approved already) because the priority date is current for them. I am not very clear about the definition of priority date, since I am from non-retro country and luckily I don't have to worry about it - for now. Other experts in this forum may be able to clarify it for us. Keep in mind that the retrogression dates are dynamic; it can change from month to month, as well as the categories and countries affected.
 
CD4help said:
You can find detailed info about retrogression from DOS website http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. Basically, retrogression means there are more GC applications than its per country limit from certain countries (currently China (mainland), India, Mexico, and Philippines) and the immigrant visa numbers are not immediately available (i.e. NOT "current"). In practical term, that means they cannot file I-485 to adjust their status until their priority date become "current." For example, according to the Visa Bulletin for October 2006, EB-2 (including NIW) category in China and India has been "retrogressed" to 04/01/05 and 06/15/02, respectively. That means people from these two countries with priority dates after the posted above have to wait before they can file I-485, EVEN IF THEIR I-140 (in EB2 category) HAVE BEEN APPROVED. I think that's why many friends from India in this forum opt to file EB-1 (even many of them got NIW approved already) because the priority date is current for them. I am not very clear about the definition of priority date, since I am from non-retro country and luckily I don't have to worry about it - for now. Other experts in this forum may be able to clarify it for us. Keep in mind that the retrogression dates are dynamic; it can change from month to month, as well as the categories and countries affected.
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Priority date is the date when your I-140 application is received by the USCIS service center, if you are filing without the labor certification (i.e. EB1 or EB2-NIW). If you need labor certificate, then the date you file for labor certificate is your priority date.
 
Thanks!
I am from Germany. Does this mean that I can apply for EB1-EA and EB2-NIW at any time-point and not worry about retrogreesion and any deadlines?
It also sounds that I-140 submissions are not affected, but only I-485s?
Is there any time of the year when I-140s are handled quicker, for example in the beginning of the year? Or should I simply submit my I-140 whenever I am ready?
I am confused, because many people on this forum say they got their I-140 approved within a month, while others have been waiting forever. Hwo can I influence that?
thanks!
 
AGM6 said:
Thanks!
I am from Germany. Does this mean that I can apply for EB1-EA and EB2-NIW at any time-point and not worry about retrogreesion and any deadlines

YES, you are absolutely right.

It also sounds that I-140 submissions are not affected, but only I-485s?
Is there any time of the year when I-140s are handled quicker, for example in the beginning of the year? Or should I simply submit my I-140 whenever I am ready?

Yes, you just submit when you are ready.

I am confused, because many people on this forum say they got their I-140 approved within a month, while others have been waiting forever. Hwo can I influence that?
thanks!

No you cannot influence it. It is pure luck since April 1. You have to send your petition to NSC no matter what. They will decide whether they want to process it or they want to forward it to TSC. So if you are lucky, your packet goes to TSC and you hear the decision fast. If not, it stays in NSC and you wait.
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AGM6 said:
Thanks!
I am from Germany. Does this mean that I can apply for EB1-EA and EB2-NIW at any time-point and not worry about retrogreesion and any deadlines?

Yes and no. Yes, because you are from non-retro country, so you are fine NOW. No, because no one knows what will happen in the future. Given the fact that EB-3 and some subcategories of EB-1 and EB-2 are eligible for I-140 PP (premium processing), we can expect to see surge in approved I-140 and that may eventually lead to the need of retrogression in other countries as well (hopefully that will never happen.....)

It also sounds that I-140 submissions are not affected, but only I-485s?

Theoretically, yes. In practice, not exactly - people have mentioned many times before that if you are from retro country, then there are chances that your I-140 MAY sit there for a while (because you cannot file I-485 anyway, so why in a hurry?). However, I do not see strong correlations between retro status and delays of I-140 approval, based on what people posted in this forum.

Is there any time of the year when I-140s are handled quicker, for example in the beginning of the year? Or should I simply submit my I-140 whenever I am ready?

Don't wait. You never know what will happen in the future.

I am confused, because many people on this forum say they got their I-140 approved within a month, while others have been waiting forever. Hwo can I influence that?

In my opinion, one word: luck. We have seen so many NIW/EB-1A cases where people have very good publication/citation numbers, strong reco letters, and still got RFE whereas others with (seemingly) weaker credentials got approved right away. Granted, how well your case is presented is crucial, but it is a little bit difficult (for me) to believe there were so many people screwed up their case presentations. As for faster approval, I think right at the moment the best strategy is try to get your application processed by TSC (Texas) rather than NSC (Nebraska), and one trick to "guarantee" this is to e-file your petition, since all e-filed I-140 are processed by TSC NOW - that can change in the future as well, who knows what those people in USCIS will do next...
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