They ran out of the visa quota
I'm sure it's frustrating, but the whole purpose of the cutoff dates is an attempt by the State Department to ensure that USCIS approves greencard applications roughly in order of their priority dates. The current retrogression shows that enough older cases are in the pipeline to use up most, if not all, of the remaining visas for this fiscal year. If they didn't push the dates back then USCIS could merrily process newer cases for whatever reason they chose and the older ones would just be kept waiting longer and longer. The real problem is that the current demand for LPR status outstrips the number of visas allowed by law.Pretty SAD.
EB3 ROW moved backwards from May 05 to March 03.
What is going on with these people?
I was current (PD Feb 04) for God only knows how long. Called TSC several times, but they said they haven't reached my processing time yet. I was checking the TSC processing times every month (last month was July 18th 2007)and as of last month I was 1 month away from being processed (August 17, 2007).
Now I am not sure what will happen, because PD will not be current anymore.
If there are so many pending old cases they should not have allowed the EB3 ROW date to jump into 2005 in the first place. The way the jump the dates forwards and backwards so drastically makes it look like they really don't know the full picture of the dates for applications they already have, and have no idea how to estimate future applications based on the I-140s and labor certifications that have been approved.The current retrogression shows that enough older cases are in the pipeline to use up most, if not all, of the remaining visas for this fiscal year. If they didn't push the dates back then USCIS could merrily process newer cases for whatever reason they chose and the older ones would just be kept waiting longer and longer.
I think the reason for the jumps is two-fold. Firstly, there seems to be very poor communication between the State Department and USCIS as to projected visa utilization. Secondly, since the law no longer allows unused visas to be recaptured there is pressure to push the dates forward to ensure that visas don't get wasted, only to have to pull them back if demand increases.If there are so many pending old cases they should not have allowed the EB3 ROW date to jump into 2005 in the first place. The way the jump the dates forwards and backwards so drastically makes it look like they really don't know the full picture of the dates for applications they already have, and have no idea how to estimate future applications based on the I-140s and labor certifications that have been approved.
I think the reason for the jumps is two-fold. Firstly, there seems to be very poor communication between the State Department and USCIS as to projected visa utilization. Secondly, since the law no longer allows unused visas to be recaptured there is pressure to push the dates forward to ensure that visas don't get wasted, only to have to pull them back if demand increases.
I think a perfect solution to the problem would be to allow unused visas to rollover, but with a staged retirement. For example, make it so that after the first quarter (1st January) if at least 25% of the rolled-over visas haven't been used then the excess over 75% is lost. Make the six month threshold 50% (i.e. any unused ones above half of the leftovers are lost), the nine month one 75% and the full year one 100%.Exactly - the PDs move forward and backwards to ensure that visa numbers are used up. If USCIS isn't approving enough I-485s, then the PD will move forward to allow DOS to allocate more visas at consular interviews. If USCIS usage goes up, then the PD will move back.
I think a perfect solution to the problem would be to allow unused visas to rollover, but with a staged retirement.
The net effect to the visa bulletin would likely be that dates went back rather than forwards to start with, but then remain more stable over time.
What matters the most? Processing time or the priority Date?
Can I-485 be processed if the processing time is current but not the priority dates?
I'm not suggesting that the visa numbers should be lost quarterly in the year they are allocated, but rather in the following year. For example, suppose you had 20000 unused visas on 9/30/09. Currently these will go to waste. However, my proposal would be to carry these over but insist that at least 25% have to be used each quarter. In other words, with this example, the number carried over would be capped to 15000 on 1/1/10, 10000 on 4/1/10 and 5000 on 7/1/10. Any of the 20000 not used by 9/30/10 would be lost forever. This would avoid the need for messing around with cutoff dates towards the end of each fiscal year since it gives a buffer period in which visas can be used.I'm not sure how losing visa numbers on a quarterly, rather than annual, basis is an improvement over the current situation.
The cutoff dates in the monthly visa bulletin are the most important number. USCIS cannot legally approve a greencard application if the priority date for that application is after the cutoff date for that month. For applications that are legally approvable, the processing time for the service center in question gives an indication of how far through the backlog of filed cases USCIS is in processing.Could someone explain me this please? These seem simple questions but still don’t get it….
What matters the most? Processing time or the priority Date?
What is the processing time (what date is this on I-485 receipt notice)?
What is the priority date?
Can I-485 be processed if the processing time is current but not the priority dates?
Except for EB1 cases where it is the I-140 receipt date.your labor filing date is PD.