Visa Retrogression -- second thought

[LCSilence]

After the initial shock to the sudden visa retrogression, I read all kinds of explanation to what happened, however I just get more and more preplexed.

How could visa numbers are still available in September, but suddenly in a month, PD has to be rolled back for 4-6 years? If there is shortage of immigration visa, PD should retrogress slowly instead of suddenly?

 

[jnpr]

After the initial shock to the sudden visa retrogression, I read all kinds of explanation to what happened, however I just get more and more preplexed.

How could visa numbers are still available in September, but suddenly in a month, PD has to be rolled back for 4-6 years? If there is shortage of immigration visa, PD should retrogress slowly instead of suddenly?

From the time you posted, it looks like you had hard time for sleeping.

My explanation:
EB3 India, China, and all others has retrogression for many years in order to adjudicate/approve all Schedule A cases (including the 485 filed today). This EB3 scenario will continue until 50K extra quota used up for Schedule A. Theoretically, Schedule A will use all 140K quota every year and then only use a few numbers from 50K, so this could drag many years to come;

EB1/2 India and China go back many years in order to adjudicate/approve all EB1/2 cases from all other countries. It’s possible-let’s hope not that EB1/2 India/China will get less than 7% for FY2006.

 

[LCSilence]

EB1/2 India and China go back many years in order to adjudicate/approve all EB1/2 cases from all other countries. It’s possible-let’s hope not that EB1/2 India/China will get less than 7% for FY2006.

So you think it is aritificial manipulation, not really because EB1/Eb2 visa ran out?

 

[jnpr]

EB1/2 India and China go back many years in order to adjudicate/approve all EB1/2 cases from all other countries. It’s possible-let’s hope not that EB1/2 India/China will get less than 7% for FY2006.

So you think it is aritificial manipulation, not really because EB1/Eb2 visa ran out?

Yes, at this time. However, some EB3 especially who are not eligible to file 485 will refile labor and get a EB2 140 in order to wait shorter. That will make EB2 an ongoing worse situation.

 

[LCSilence]

However, the refiled EB2 is not going to have after 2004 PD. I heard DOL is going to ban LC substitution soon.

If that is the case, EB2/EB1 PD should be moving forward soon.

DOL said the PD movement is going to be limited. I am trying to figure out what "limited" mean? 1-2 years or a couple of months. If just a couple of months, I would think the door to USA is practically shut up to a lot of people.

Can you imagine stuck in the same job for more than 5-6 years as a slave?

 

[jnpr]

However, the refiled EB2 is not going to have after 2004 PD. I heard DOL is going to ban LC substitution soon.

If that is the case, EB2/EB1 PD should be moving forward soon.

DOL said the PD movement is going to be limited. I am trying to figure out what "limited" mean? 1-2 years or a couple of months. If just a couple of months, I would think the door to USA is practically shut up to a lot of people.

Can you imagine stuck in the same job for more than 5-6 years as a slave?

The refiled EB2 I referred to is NOT substitute labor. It's the second new labor filed by yourself and transfer your own earlier EB3 PD.

For example, I have Jan/03 EB3 PD, and I expect to wait 3 more years to file 485. I could change employer today and refile new labor through new employer, get PERM EB2 labor cleared by Jan/2006 and file EB2140 based on that labor. After my EB2 140 get approved, I can transfer my EB3 PD, which is Jan/03 to file my EB2 485.