Retrogression: Doing Math part 2

akela

Registered Users (C)
Some interesting Number and facts---

I am Indian, EB-2, mid 2002. So, I am doing calculation fronm that point of view.
But these numbers are universal asnyone can use them.

I have one very important queston (and believe me the right answer to that question would
detrmine how soon you will get GC if the current law prevails which is increasingly looking likely)

There are two source of GC seaker in front of you, people who are already filed 485 or 140 (i.e. they are post LC certified state)
and are waiting to be processed and people who have filed GC and yet not reached 485 state, i.e. people who filed
before you and are stuck in BEC. (All these data is from September). If I have missed any other source of
employment based GC seaker, please let me know.

The people in waiting for GC in post LC certified state are 73K. Please see reference 1 below.

The factor for consuming green card per applicant is 2.13. Please see reference2 below.

To know how many ppl in the backlog (or still in BEC and Perm stages) are ahead of you, use this chart. People before mid 2002 are 20% of all backlog. See reference 3

The distribution for EB1, EB2 and EB3 has been historically 20%, 20% and 60% respectively. Since EB1 do not file labor, EB2 and EB3 distribution in backlog is 29% and 71% respectively See reference 4. Reference of the last figure is in the same thread somewhere in Doing the math thread.

The number of Indians who got GC in 2001,2,3,4 (when no retrogression has been around 25%.). That should be the distribution in that pending 485 at USCIS. In baclog that % might be high as more Indians (as compared to other nationalities) came. Unless there is a better evidence on how many ppl are of Indian origin at the backlog center I would use the 25% (I agree thats optimistic). See refernce 5.

There are allegedly 350 K LC application in BEC. Murthy.com says 250 of them are April 30, 2001 application. I tend to believe 25% are. Lets be bold and say 100k are 245 i. See refernce 3.

There are two threads to look out for numbers. One is Retrogression: Doing the Math
and second is Why Rest Of World EB-1 and EB-2 should be safe for visa number availability .
Now to predict how long will it take, here are my calculations. (Why I am presenting this, I want people to say where I am going wrong and second I have few questions of my own).
I am going to assume all of 73K ppl in 485 pending are ahead of July 2002 (a small % might not be). 20% of them are eb2 and out that 25% are Indian.
Total Indians ahead of an EB-2 July 2002 person = 3650 Indian ahead
Out of Backlog, say removing 245 i applicants, the number backlogged are 150k as of Sept 2004 (where are the some 500K ppl who came on H1B from 2001 to 2004)
If you see distribution 20% of these applicantswere before july 20002, 29% of which are EB-2 and further only 25% Indian (could be higher, but thats the recent past trend), the number of Indian ahead = 2523
So total Indians in EB-2 ahead of an July 2002 applicant is 6200 approx.
It takes 2.05 GC per person total GC required = 12700
Now comes the millon dollar question. That will determine how fast we reach there. If the unused GC in EB-2 (or EB-1) are left unused by rest of the word by the end of year, where does those GC go, to the oversubscribe countries in the same category (EB-2, which would be India or China) in the last quater or it goes to EB-3 and then satisfies ROW. It seams the relevant law code is 8USC 1152(a)(5)(A). I could not find anything. If the answer to the question is Yes, EB-2 Indian and Chinese get them first, then all of EB1,2 and 3 China folks benefit (For EB-3 Indian or Chinese, it clears backlog of EB-1 and EB-2 Indians/chines ahead of them faster, so there que moves faster).
Per year (with 140,000 limit, the limit is at least these many, can be more), with 7.1% and 27% per category limit means, there are only 2684 application. it will take close to 5 years for that person, to get GC. But if EB-2 GC spill to oversubscribe coutries, I would imagine, that 2002 july person can apply by the end of this Fiscal year or at the most next.
Any news on AC21 GC left unused, how many of them are there and can/are they being applied towards GC this year.
Thanks,
a
 
Reference 1.http://boards.immigrationportal.com/showthread.php?t=189384&page=10&pp=15&highlight=infostarved
According to the annual CIS ombudsman report of 2005 (http://www.dhs.gov/interweb/assetli...Report_2005.pdf), there were 750K pending green card applications as of April 30, 2005

I set out to find out the number of EB applications out of this 750K. The rest of the mail describes the methodology I follow and for the bottomline people, if you scroll down you'll find the number.

1. First I estimate the number in each service center out of this 750K. To do this, I took the statewise distribution of intended-residence for new permanent residents in FY2004 (http://uscis.gov/graphics/shared/st...004/table11.xls), summed it up into service center jurisdictions and found the percentage of people approved by each service center in FY2004. This turned out to be....

CSC: 31%, NSC: 17%, TSC: 23%, VSC: 29%

I assume that this percentage should be the same for pending GC applications. Splitting 750K into the above percentages I get....

CSC: 229K, NSC: 131K, TSC: 176K, VSC: 214K


2. The next task is to find out... of the pending applications within each service center, what percentage is EB? You cannot simply divide it in the ratio of approved applications in each class from the previous year. You need to take into account the differing processing times. Luckily this is published information. (Note: I know a lot guys think that publication is baloney... but I am going to assume those are fringe cases... my own personal experience has correlated with that publication pretty well). Anyway...


Suppose in a year 'X' GC applications are approved in some service center. Let the percentage of approved applications in class i (example of classes: employment based, immediate relative of US citizen etc) be designated by c(i).
Let the processing times of class i be designated by t(i) measured in years.
Then at any given time, the number of pending applications is....
Pending = c(1)t(1)X + c(2)t(2)X...... + c(n)t(n)X

The percentage of employment based applications
= c(EB)t(EB)X / Pending
= c(EB)t(EB) / sigma(c(i)t(i))

Collecting c(i):
I wanted to get the classwise distribution of GC approvals in FY2004 for each service center. Unfortunately this is not available service center wise, but is available statewise (http://uscis.gov/graphics/shared/st...ta/DSLPR04s.htm). I looked at enough states to cover 80% of all immigration in FY2004 and collected them into their service center jurisdictions to get the classwise distribution at each service center.

Collecting t(i):
I wanted to get the processing time for each class at each service center on the date closest to April 30 2005 (date of the ombudsman report). Luckily this is archived at http://www.immigration.com/processi...uscisarchi.html

Some data extrapolation:
I could not find processing times for asylees and diversity guys. I assumed that diversity processing times were similar to immediate relatives of US citizens (holds some water if you look at diversity visa forums), and asylee processing was about the same as siblings of US citizens (ditto). I clubbed "other" with diversity to be pessimistic about pending EB numbers.


I'll spare you the calculation... the results were...
Within each service center the % of EB applications were as follows - quite a surprising result, though not illogical....

CSC: 2.8%, NSC: 15.4%, TSC: 14.0%, VSC: 10.3%

Multiplying these percentages with their respective pending GC applications, we get the number of pending EB applications in each service center....

CSC: 6K, NSC: 20K, TSC: 25K, VSC: 22K

..... a total of 73K pending employment-based applications.

reference 2 http://boards.immigrationportal.com/showthread.php?t=189384&page=8&pp=15&highlight=infostarved
I did some analysis on this using ....
http://uscis.gov/graphics/shared/st...2004/table5.xls
... as my source data.


EB1 had 2.36 GCs per primary
EB2 had 2.05 GCs per primary
EB3 had 2.08 GCs per primary

The distribution among EB1,2,3 was roughly 21% for EB1, 21% for EB2 and 58% for EB3

So weighting it by that much.. it works out to 2.13 GCs per primary employment-based immigrant.

I suggest ppl use this number in all future calculations.

Also, do us all a favor.... if you are planning on having a kid, have it in the "land of opportunity" to keep it that way :)... but if Nathan Deal has his way (H.R.698 in the 109th congress)... that wont help either :).
Reference 3.
Data from this forum only, someone posted that, do not know source, if anyone knows please let me know. This distribution cannott be total distribution, cannot be per country distribution, it looks like from one DOL center (hopefully). If you assume everywhere else the distribution was same, you can safely predict how many ppl are ahead of you. I would start counting from July 2000 and derive ratio's from there.
Date NON-RIR RIR TOTAL
Dec-97 760 54 814
Jan-98 925 22 947
Feb-98 29 4 33
Mar-98 48 5 53
Apr-98 42 1 43
May-98 35 1 36
Jun-98 43 3 46
Jul-98 36 1 37
Aug-98 36 3 39
Sep-98 33 3 36
Oct-98 60 3 63
Nov-98 34 1 35
Dec-98 34 6 40
Jan-99 36 2 38
Feb-99 34 3 37
Mar-99 42 2 44
Apr-99 42 3 45
May-99 49 11 60
Jun-99 38 6 44
Jul-99 35 5 40
Aug-99 43 8 51
Sep-99 38 8 46
Oct-99 68 7 75
Nov-99 49 27 76
Dec-99 57 25 82
Jan-00 43 49 92
Feb-00 44 20 64
Mar-00 59 18 77
Apr-00 55 33 88
May-00 69 21 90
Jun-00 112 19 131
Jul-00 87 24 111
Aug-00 67 35 102
Sep-00 46 39 85
Oct-00 62 48 110
Nov-00 65 100 165
Dec-00 65 103 168
Jan-01 143 120 263
Feb-01 353 266 619
Mar-01 1018 544 1562
Apr-01 11502 11982 23484
May-01 180 966 1146
Jun-01 104 1089 1193
Jul-01 94 1213 1307
Aug-01 107 1389 1496
Sep-01 92 1052 1144
Oct-01 141 1186 1327
Nov-01 78 799 877
Dec-01 70 809 879
Jan-02 47 805 852
Feb-02 48 935 983
Mar-02 46 1352 1398
Apr-02 84 1614 1698
May-02 196 1942 2138
Jun-02 73 1660 1733
Jul-02 88 1905 1993
Aug-02 46 1822 1868
Sep-02 85 1836 1921
Oct-02 92 1833 1925
Nov-02 71 1856 1927
Dec-02 93 2404 2497
Jan-03 60 2202 2262
Feb-03 70 2155 2225
Mar-03 75 2216 2291
Apr-03 147 2231 2378
May-03 90 2140 2230
Jun-03 46 2100 2146
Jul-03 87 2207 2294
Aug-03 129 2089 2218
Sep-03 181 2013 2194
Oct-03 71 1796 1867
Nov-03 96 1065 1161
Dec-03 130 1329 1459
Jan-04 94 861 955
Feb-04 118 842 960
Mar-04 116 449 565
Apr-04 92 388 480
May-04 47 353 400
Jun-04 43 283 326
Jul-04 17 253 270
Aug-04 13 144 157
Sep-04 5 9 14
TOTAL 19998 69227 89225
Reference 4.
See Ref2
Reference 5
http://boards.immigrationportal.com/showthread.php?t=189384&highlight=infostarved
I do not agree with you and my calculations are below:

Employment based visas issued for India
2004 ~38K out of 155K
2003 ~21K out of 182K
2002 ~42K out of 175K
2001 ~39K out of 179K
2000 ~15K out of 107K
1999 ~5.3K out of 56K
These numbers are approximately 25% of total employment based visas issued(remember that some unused visa are recaptured, thus total is more than 140k)
Thus, if the backlog is of 300K cases=>25-30% cases will be from India ~100K
If 140K is the limit for 2005 onwards => Indians can use => 35Kvisa per year => It will take three years before the priority date becomes current=>2008
 
Why I am doing all this, I guess USCIS does not know what's going on. Remeber they said that forward movement of dates is going to be slow, they have already moves almost 1 and half years in two months...so that gives hope that our model is correct. How correc, only time will tell but still...
 
Akela you are genius. I have some hope now. It's a simple math.
Guys do not lose hope. Fight retro. We will win

Thanks
msukid
 
Buddy,
I am not trying to be a smart alec here. I a trying and contributing to this effort the legeslative way, (which is much more efficient). But then I am also trying to see whats going on (if legislations were not passed). My calculations be damned if they can resurrect S.1932 and pass it. I am as frustrated as anyone. I have put the best years of my life here (8 years, I have graduated from IIT, went to one of the top B-School here), my salary remains the same as it was 6 years ago and I feel more frustrated, mainly by my inability to be a free person. I am seeing what my options are, want to run my numbers through everyone and come to some conclusion.

Thanks,
a
 
Exellence akela.

2 things you miss :

1) If EB2 for the world is still current, there will be a hope for extra visa.
However, the prediction is the EB2 for the rest of the world will be retro in the second half of this fical year (which is from April 06 - Sept 06). If it really happens, there will be no extra visa to use for Indian/China.

2) Don't forget those EB3 people (80% what you said). They can move to EB2 when I140 approved and keep the same Priority date.
I am sure many of them want and find the way to do that. It is very simple (cost a bit of money only).
 
This is an interesting thing. I don't know a way how to keep old EB-3 date if you start a new EB-2 case. Afaik, the PD can be transferred only if you apply in the same category you already have been certified in.

newbies said:
2) Don't forget those EB3 people (80% what you said). They can move to EB2 when I140 approved and keep the same Priority date.
I am sure many of them want and find the way to do that. It is very simple (cost a bit of money only).
 
Last edited by a moderator:
newbies! how is it possible? any more info?? please share

newbies said:
Exellence akela.

2 things you miss :

1) If EB2 for the world is still current, there will be a hope for extra visa.
However, the prediction is the EB2 for the rest of the world will be retro in the second half of this fical year (which is from April 06 - Sept 06). If it really happens, there will be no extra visa to use for Indian/China.

2) Don't forget those EB3 people (80% what you said). They can move to EB2 when I140 approved and keep the same Priority date.
I am sure many of them want and find the way to do that. It is very simple (cost a bit of money only).
 
eb2kid has already done an excellent analysis. This year EB-2 limit is 39,000
Only twice 2001 and 2002 there has been more allocation of EB-2 than this. 2003 and 2004 had much less EB-2 visa consumption. If you exclude India and China, Row consumed half or even less of EB-2. It might happen that because of PERM more EB-2 from ROW gets approved and they apply (initially slow LC for all was enforcing kind of FIFO benefetting Inidans/Chinese ec), but I would say its highly unlikely.


http://boards.immigrationportal.com/showthread.php?t=189293&highlight=eb2kid

...........2004....2003....2002....2001
total EB...155330..82137...174968..179195
EB-1.......31291...14544...34452...41801
EB-1 adj...23468...10908...25839...31350
EB-2.......32534...15459...44468...42620
EB-2 adj...24400...11594...33351...31965
EB-3.......85969...46613...88555...86058
EB-3 adj...64476...34959...66416...64543
Special....5407....5456....7344....8523
Invest.....129.....65......149.....193


The rows without "adj" are taken straight from INS statistics. The "adj" rows take into account spilling from Rest Of World to India and China -- i.e., if such spilling were not to occur, what the actual approvals would have been.

What does this tell us? In 2001, 31,965 "adjusted" EB-2's were approved, in 2002, 33,351, in 2003, 11,594, and in 2004, 24,400. It also shows that EB-1 and EB-2 are in lockstep, so if EB-2 was running the danger of retrogression, there wouldnt be much hope for EB-1 spilling over, since EB-1 and EB-2 approvals are almost identical. What this tells us though is that, for Rest of World, almost 2x the number of I-485 approvals that occured in 2004 could be sustained in 2006 without the need for retrogression. For 2003, it is almost a whopping 4x, whereas in 2002 and 2001 (when the quota was higher and a record number of EB-2's was approved), still only 75% of the quota for 2006 were approved.
 
newbies said:
Exellence akela.

2 things you miss :

1) If EB2 for the world is still current, there will be a hope for extra visa.
However, the prediction is the EB2 for the rest of the world will be retro in the second half of this fical year (which is from April 06 - Sept 06). If it really happens, there will be no extra visa to use for Indian/China.

2) Don't forget those EB3 people (80% what you said). They can move to EB2 when I140 approved and keep the same Priority date.
I am sure many of them want and find the way to do that. It is very simple (cost a bit of money only).

Hi newbies

How this is possible! Will not be a problem, when we file I 485!
 
What about EB3 analysis

What about EB3 analysis and specifc to EB3 India, I filled in June 2002 . Not sure how many years i need to wait. I will be starting to work out the calculation but if somebody already has done it please share it. Two quick questions to ask

1. Do the nurses take the Visa numbers from EB3 before they take the allocated 50k visa numbers ? It sucks if they take existing EB3 numbers rather then there own 50k pool .
2. 150000 application filled in Apr 2001 do they also take from EB3 category or from other workers without touching any numbers from EB3 ?
 
i used to have a scare from the nurses....that they may totally hog the per country limit for india.....

someone had answered to my question satisfactorily, if i find it i will post it..
 
nurses have seperate quota, so eb3 india is good. For 150 K 245 i (btw where did you get this 150k number), I am not enough informed, do Indian cook or something qualify for EB3?

RGDS,
 
My question is how many of these 150K applications in EB3 are from India?

I used to think most of the Indians in EB3 category atleast have a Bachelors degree (other than the nurses with their own nos.).

I am not sure about this. If any one of you are aware of this, please post it in this forum.
 
newbies said:
Exellence akela.


2) Don't forget those EB3 people (80% what you said). They can move to EB2 when I140 approved and keep the same Priority date.
I am sure many of them want and find the way to do that. It is very simple (cost a bit of money only).

Newbies could you explain how could a person move from EB3 to EB2 once I-140 approved? Thanks...
 
EB3 to EB2

I am under the impression that once your I-140 is cleared using the labor approved for EB3 one could file a EB2 application under Perm (different Employer, same Employer has some restrictions) and use the priority date of EB3 for I-485 processing for approved EB2 perm application. Costs more money for perm but EB2 is faster.

I also heard some recent restriction about same employer filing multiple application for the same Employee and same job code at immigration-law.com and DOL uses some criteria to reject one of the multiple applications.

What happens like in my case Labor is cleared for EB3, I-140 is being processed, if i apply under EB2 from my Employer maybe same job or slightly different one but still having the same job code , will my application will be considered under EB2 ?
 
What your impression is based on?

ring said:
I am under the impression that once your I-140 is cleared using the labor approved for EB3 one could file a EB2 application under Perm (different Employer, same Employer has some restrictions) and use the priority date of EB3 for I-485 processing for approved EB2 perm application. Costs more money for perm but EB2 is faster.
 
Eb3 to EB2

Impression based on priority date allocation.

The priority date allocated is always your's and not Employer's once you have past 180 days from the date your 1-140 was cleared, then one would apply under any category ex: EB2 and retain the oldest priority date where your i-140 was cleared.
 
that's interesting. Could you give me a link on an official document saying this, please?

ring said:
Impression based on priority date allocation.

The priority date allocated is always your's and not Employer's once you have past 180 days from the date your 1-140 was cleared, then one would apply under any category ex: EB2 and retain the oldest priority date where your i-140 was cleared.
 
SAI_GIVE_GC2005 said:
Hi newbies

How this is possible! Will not be a problem, when we file I 485!

I think what he meant to say is refiling LC with old PD which is secured
once I140 is approved. CIS memo did not say PD for EB3 can not be
used for EB2.
 
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