Retrogression..some good news..

G

Greenbay

Registered Users (C)
Guys,
check www.ilw.com website. I saw this news late night on 22nd.

Comment
Retrogression, The Real Numbers

The FY 2006 140,000 employment-based numbers will increase by 7,000 numbers (overflow from family immigration numbers per the existing statutory scheme). Another one-time 101,000 numbers will be recaptured from FY 1999-2004 and will also be added to FY 2006, bringing the total to 248,000. This may portend some dramatic improvement in the Visa Bulletin in the balance of FY 2006 but it may not be enough. Different solutions are being considered for meaningful relief. These include: reallocation of the diversity visa (55,000) numbers by eliminating the DV category, and recapturing erroneously counted employment numbers (rumored to be significant). Other solutions being considered are the issuance of advance parole and EAD eligibility to primary applicants and spouses applying for their I-140s and large permanent increases in permanent employment numbers through the Mc-Cain-Kennedy bill. This pressing problem will surely provide ample opportunity for creativity during this Congress.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

GB
 
What does this mean?

Latest News of DOL Backlog Processing Centers Processing

AILA has reported that it had received information from the DOL on September 12, 2005 concerning the status of the backlog processing at the Dallas and Philadelphia Processing Centers. The report draws a picture of the following not-too-promising statistics:
Total Pending Backlog Cases: 345,000 (pending at Dallas & Philadelphia) + X number of cases (pending at San Francisco + New York Satellite Centers) = ? They did not disclose how many cases still remain at the two satellite centers. There is no report on the status of processing of the cases at the two satellite centers. One may assume that total number of pending backlog cases may record much larger than 350,000.
Record of Processing at Dallas + Philadelphia (345,000):
100,000 cases yet to complete "partial data entry." (Without "full" data entry, no 45 day letters are generated)
X number of cases completed partial data entry (These cases cannot generate 45 day letters until full data entry.)
Y number of cases completed full data entry (generated 45 day letters)
The report failed to make public the statistics of the total number of cases adjudicated and the total number of cases which completed a full data entry and generated 45 day letters. As for the total number of cases adjudicated, it just stated "tens" of thousands of cases. Tens of thousands of cases range from 10,000 to 99,000 out of 345,000+ cases. If it meant 10,000, the number is indeed a tip of a huge iceberg (345,000+). We also have no idea of what "adjudication" meant. The immigration practitioners have reported some approvals of cases without even 45 day letters being generated and the pattern of approval cases reflects that they were not processed in the First In First Out order. In a way, it may be taken as a good news in that if they should stick to the FIFO processing rules, they would not be able to process any cases until the unopened box cases and the pending cases complete the full data entries. However, it may be taken as an arbitrary processing of cases when it comes to the issue of fairness and other rules of administrative process.
Timeline: We have no information when the partial data entry or full data entry will be completed and when the 45 day letters will be sent out to the applicants for the pending cases. It just stated that in the next few months, data entries will be completed and 45 day letters will be sent out. Now we are approaching the end of the calendar year and the holiday seasons. Currently, two satellite centers are scheduled to shut down in early January 2006. All in all, adjudication of these large number of pending cases is not too promising when it comes to the timeline.
For those later filers in the row, it would not mean much as the early certified labor certification applications will lead them to nowhere because of the visa number backlog of from five to seven years for the Indians and Chinese. However, for the earlier filers in the row or in the pipeline, the delay in the labor certification at the Backlog Processing Centers adds a terrible pain on top of the visa number backlogs. Believe it or not, out of the three fed agencies that deal with the immigration business (USCIS, DOS, DOL), the USCIS will become our hero in terms of processing times and DOS and DOL are likely to remain devils to the immigrants for quite a while. In the U.S. immigration history, the immigration services have never received such a "welcome" treatment. The USCIS should thank to Bush, DOS, and DOL. What you know!

source: http://www.immigration-law.com/Canada.html
 
Guys ,

could any one confirm from their lawyer about whats written at ilw is true or not ..... i've also written to my lawyer .. will let u all know if i get any response from them .... this news is only at ilw and as of now cannot see anywhere else ...hope its true ....

http://www.ilw.com/immigdaily/
 
Greenbay said:
employment numbers through the Mc-Cain-Kennedy bill.
Click to expand...

Mc-Cain-Kennedy bill seeks increase of Employment based visa number from 140,000 to 290,000 ... almost doubling the current number .. and family based to 480,000... Keepling in line with the policy of giving more inclination towards family reunification..

Mc-Cain-Kennedy bill also seeks around 40,000 H-5A visa (intially) and which may increase further.

But the bill says very little about increasing the country based Quota -- currently which is at 7%.

Even if it is raised to 10% --- for countries like India and China .. it will be drop in a bucket.

So I think the bill does very little for guys stuck up in retrogression ... increase in employment visa without removing the country based quota has very little significance to large populated countries like china and India ... and for 60% of the people who file for 485 .. it would still mean long wait.
 
Is this true ...
"The FY 2006 140,000 employment-based numbers will increase by 7,000 numbers (overflow from family immigration numbers per the existing statutory scheme). Another one-time 101,000 numbers will be recaptured from FY 1999-2004 and will also be added to FY 2006, bringing the total to 248,000."


Whats is ILW basing this opinion of .. doesn't recapture from previous year require a new law .........i have not heard of any new law getting passed ..

Guys, any input ?
 
skp19722003,

Do you know the priority date of these BEC Labors? I mean they are from 01, 02 or 00?

thanks,
 
Thanks for the info, but I would not count with McCain Kennedy bill. We have an awful lots of Americans out there against thisand unlikely this will be approved.


eBhola said:
Mc-Cain-Kennedy bill seeks increase of Employment based visa number from 140,000 to 290,000 ... almost doubling the current number .. and family based to 480,000... Keepling in line with the policy of giving more inclination towards family reunification..

Mc-Cain-Kennedy bill also seeks around 40,000 H-5A visa (intially) and which may increase further.

But the bill says very little about increasing the country based Quota -- currently which is at 7%.

Even if it is raised to 10% --- for countries like India and China .. it will be drop in a bucket.

So I think the bill does very little for guys stuck up in retrogression ... increase in employment visa without removing the country based quota has very little significance to large populated countries like china and India ... and for 60% of the people who file for 485 .. it would still mean long wait.
Click to expand...
 
latest info....

http://www.ilw.com/immigdaily/#comment

Latest On Retrogression

Our 9/23/05 comment on retrogression suggesting that there were significant numbers available has led to a deluge of letters to the Editor and discussion. We had suggested that there would be a total of 248,000 visas for FY 2006 comprised of 140,000 (regular quota) + 8,000 (overflow from family) + 101,000 (AC 21 recaptures). Immigration Daily has now learned from USCIS Nebraska Service Center Deputy Director Christian who inquired of Charlie Oppenheim at the Department of State as follows:

"I believed the information in [the comment] to be incorrect and inquired of Charlie Oppenheim at Department of State. His response was as follows: "AC21 had recaptured the FY-1999/FY-2000 unused Employment numbers which totaled approximately 131,000. Approximately 101,000 of those numbers remained available for use in FY-2005, and there will be about 8,000 remaining for use in FY-2006. My estimate for the FY-2006 Employment limit will be 156,000 (140,000 + 8,000 (FY-2005 Family) + 8,000 (AC21)."
Thus, the total number of FY 2006 EB visas is 156,000, not 248,000. The information we supplied earlier was the best estimate available at the time. With the revised numbers from the DOS above for which we thank Mr. Christian and Mr. Oppenheim, the EB situation appears to be bleaker than even we had feared. As indicated earlier, it is possible that there may be some disputes about the count which may or may not be litigated.
As this fluid situation develops, we will be happy to address queries which clearly originate from immigration professionals. Immigrants and employers should contact their immigration attorney for the latest information.
 
That's correct --- Oct we will see many EB3's smiling --- there will be deluge of 485 approvals. As of now country cut-off date will signify --- no more fresh appications now..
 
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