The cut-off date, is it real?

L

LCSilence

Registered Users (C)
After consulted some lawyers and gathered some information, I start to doubt the cut-off date.

There are not many people hang around with PD before 2002 -- even for unskilled labor kind.

245(i) kind cannnot use the quotas for EB1 and EB2. Majority of the LC pending at BEC is after 2002.

A lot of EB1 cases don't require LC. And how many people qualify for EB1 -- not many. But EB1 has cut off dates too, which has never happened before. Besides, because EB2 PD was pending for so long, and many people just filed for EB2 even they may qualify for EB1.

Put all these facts together, the cut-off date is a trial at best. Now the question is: Could DOL just impose a totally unreasonable cut off date, or hDOL is compelled by law to adjust cut-off date based on real demand: after a couple of months, each month's visa quota is not used up, they have to leap the PD forward?
 
2004-2005 has seen USCIS spilled out tons of I485 approvals, the backlog was cut down from 4 million to 1 million. If DOL predict the visa availability due to approved petitions, this prediction is obivioulsy not reliable as because of the cut off date not as many cases will be eligible to be ajudicated.

How could you explain EB1 back logs?

245(i) case is mostly EB3. Doesn't matter how many 245(i) LCs are filed, most likey they are not going to affect EB1 and 2.

As to labor subsitution, these big company could use them for new graduates. Some people will get lucky to get a very early priority date. However, these people should have their background strictl match LC and also, these big companies should hire a lot again mostly new graduates to make use of all these available LCs. And as far as I know, most of these batch LCs were filed for new graduates -- which makes them EB3.
 
United Nations,

So you believe DOL cannot impose a cut-off date out of whim or just manipulate the facts to get what they wanted? To protect their predictions, they are not going to leap the PD forward a couple of years at a time, otherwise somebody at DOL might get fired?

I guess somebody got in trouble because EB3 was unavailable for a while, and so they became super cautious to avoid the same mistakes.
 
How can a postion open and advertised in 1999 be possibly of ANY relevance today ?

The companies look at these LCs as some sort of de-facto property. Now that PERM is here and a company can get a LC for a truly qualified applicant in a reasonable time, they should just put an end to this nonsense (give the people who already filed I140s with substitutions a grandfather clause, but thats about it). In addition to being more fair (with the current system, a person fresh off the boat working for a body-shopper will take the GC away from someone who works for a legit company here for years), this would also remove a good measure of uncertainty out of the retrogression issue.
 
iT IS REAL ..

Both DOS/USCIS has not properly monitered the visa demand from 2001 to 2004. DOS made mistake by not properly establishing the cutoff dates since 2001. EB1 to EB3 were current by by wrong gauging the demand vs supply. DOS had been relesing the visa numbers beased on how many 485s are approved per month, not by howmany apply 485. This resulted huge backlogs.

For example let us say, there were 100 visas available for each month. Let us consider oct 2001. Say, 200 persons had applied 485s in oct 2001. However, USCUS has approved only 50 485s in october 2001. Remaining 50 was not used. So DOS thought demand is less than supply. So they set current for nov 2001 visa bulliton. Then another 200 485s were filed in nov 2001. This kind of piling up, was gowing from 2001 to 2004. I think they realized in 2005 only, when they started clearing the backlogs. Every year they received alomost 2 times of statutary limit of 140,000 visas. Therefore they want to stop new 485s untill they clear backlogs.

Thatswhy they set cutoff dates in 1997-1999, though teremay not be a pending 485s with PD 1997 till pending with USCIS.
 
There are all together only 740K I485 pending, and less than 1/5 is employment based. The overall penidng I485 is less than the overall EB quotas. Unless this figure is wrong, otherwise your argument doesn't stand. From what I heard, USCIS has reduced I485 backlogs from 4 million to 1.

Also, according to what you said, USCIS never used up the allocated quotas. So, where does this unused quotas go -- should flow to 2006.
 
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LCSilence said:
There are all together only 740K I485 pending, and less than 1/5 is employment based. The overall penidng I485 is less than the overall EB quotas. Unless this figure is wrong, otherwise your argument doesn't stand. From what I heard, USCIS has reduced I485 backlogs from 4 million to 1.

Also, according to what you said, USCIS never used up the allocated quotas. So, where does this unused quotas go -- should flow to 2006.
Click to expand...
Though limitation is 140000, USCIS service centers received 187,583 employment-based green card applications in FY 2001, 221,223 applications in FY 2002, 225,897 applications in FY 2003, and 159,873 applications in FY 2004.
 
unitednations please confirm my assumption

my assumption is that things are going to be very bad for INDIA in 2006, because of Schedule-A workers(Nurses), since their PD is current and they have special quota of 50k.

my assumption is that around 30K nurses may come to usa from India in 2006 (pessimistic) and they will eat up indias per country limit.

which means that PD will not move much for EB3, EB2 and EB1.

please verify..
 
Yes, USCIS has been received more I485 applications than the quotas, however most of these are already cleared. --- these applications have already got their visas. All it matters now is how many employment based I485s are still pending? It is less than 140000.
 
Is there any chance that EB1 will move in 2006 assuming there are not many in this category? :confused:
 
Eb1

EB1 will definitely move till 2004 in the next 4 months.

and it will take a while to clear 2004 and 2005 because of huge numbers.

i am filing thru EB1 by jan 2006, and i hope to get my GC in 2 years.
 
krprasad,

Where did you get information that there are a lot of EB1 in 2004 and 2005?

I am interested in the similar information about EB2.

Thanks
 
its just a guess, since i have seen a ton of Phd's and doctors come into usa in the last 4-5 years, i may be wrong, but i could not get any data on pending applications.
 
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