We are doomed...got an email from my lawyer

[danp]

Folks...the reality is kicking in.
My Lawyer has confirmed that as large number of refugees(I would like to call ourselves and myself as a refugee...in this case....BTW) has entered into this race ....starting 2002......and most of the folks have already applied for 485....he estimates it will take another 5 years to complete the processing by the USCIS.....485 department.....

So this retrogression makes sense.....as there are very old left out cases....
The only mistake what USCIS made....is make all the categories current and giving us a false illusion.

Now we are set on FIFO track....and good times are seen for PRE 2002 filers....

Unless they increase the numbers...there is no way out....the good thing indefinite extension of H1......that is relaxing.

So...overall it makes sense.....and I am trying to digest....the FACTS.

Tooooooooo many people......hence the queue is toooooooo loooooooooooooong

And USCIS will make tooonnneeessss of money by extension, EAD and AP.
Way to go USCIS.

 

[saras76]

They are trying to correct the situation

Folks...the reality is kicking in.
My Lawyer has confirmed that as large number of refugees(I would like to call ourselves and myself as a refugee...in this case....BTW) has entered into this race ....starting 2002......and most of the folks have already applied for 485....he estimates it will take another 5 years to complete the processing by the USCIS.....485 department.....

So this retrogression makes sense.....as there are very old left out cases....
The only mistake what USCIS made....is make all the categories current and giving us a false illusion.

Now we are set on FIFO track....and good times are seen for PRE 2002 filers....

Unless they increase the numbers...there is no way out....the good thing indefinite extension of H1......that is relaxing.

So...overall it makes sense.....and I am trying to digest....the FACTS.

Tooooooooo many people......hence the queue is toooooooo loooooooooooooong

And USCIS will make tooonnneeessss of money by extension, EAD and AP.
Way to go USCIS.

The reality of the situation is that the USCIS approved tons of cases that were not supposed to have been approved. The people who got lucky got approved while others with PDs before 2002 got screwed. The USCIS now realizes what they have done and are desperate to fix the situation. Pushing back the PDs so far back is their attempt at getting things under control. In the short term everyone is screwed but maybe this will help in the long run. Who knows?

Also the RD/ND of a 485 is now inconsequential. What matters is what PD is on the case. When you say PRE 2002 filers I hope you mean people with PDs prior to 2002. If you think about it this is fair but I understand that a lot of people are getting screwed in this transition.

The current situation is that there are thousands of people who have already gotten screwed because of the random processing by USCIS and thousands of future 485 applicants are getting screwed. The people in the middle that got lucky are the only ones that have benfited from this. But such is life .. lets see how things move from here on ..

saras76

 

[danp]

Yes. Pre 2002 filers....meaning Pre 2002 PD

 

[DW2003]

There are always refugees in the past. Many of them from the 4 countries? I don't think so. The possible impact is, quota pool would be taken by some portion.

How many legal filers with PD < 01/2002? There are a few but I think there might not be "a quite few".

 

[saras76]

There aren't that many ...

There are always refugees in the past. Many of them from the 4 countries? I don't think so. The possible impact is, quota pool would be taken by some portion.

How many legal filers with PD < 01/2002? There are a few but I think there might not be "a quite few".

Guys,

I am TSC filer and I started some threads where I requested EB3 applicants with 98-2001 PDs to post and in a week only 15 people posted replies. This is not to say that there are only 15 people with PDs prior to 2002 but it does indicate that there aren't thousands out there. I also started a 2002 thread and that got a lot of responses. It seems like there are a lot of 2002 PDs out there.

regards,

saras

 

[Kishore_l]

Guys,

I am TSC filer and I started some threads where I requested EB3 applicants with 98-2001 PDs to post and in a week only 15 people posted replies. This is not to say that there are only 15 people with PDs prior to 2002 but it does indicate that there aren't thousands out there. I also started a 2002 thread and that got a lot of responses. It seems like there are a lot of 2002 PDs out there.

regards,

saras

Please do not forget 245i in APR 2001. Thousands of application filed during that time and most of them are EB3 (I would say all of them either EB31 or EB32), which caused the backlog at the first place. Now, most of them are in 485 stages (Ofcourse many of their lucky one got their 485 approved). Atleast, USCIS can separate the queue for 245i filers and regular applicants, so that both the lines could be moving.

My take on this retrogession is

1. USCIS doesn't have to accept any more applications for 485, AP, EAD.
2. No more status inquiries on 485, EAD, AP
3. No More FP's.

Ofcourse they have to do the extensions and FP's for current pending applications, but still it will reduce lot of their workload. Also, they can clean up the mess which they have created in recent past by random approvals and misplaced files which were filed earlier. Once, H1 processing is done, they can allocate the resources back for processing the pending applications and by then, they would know the exact (not exact atleast some reasonable number) visa numbers available. Probably in few months, it will move back to a reasonable time frame (Don't expect to be current, given the PERM approvals).

Again, I may be wrong............but atleast lets be realistic and optimistic........

 

[lina_hc]

optimistic approach

Let's make life, better, by optimistic approach; if every possible option goes to be pessimistic, even then we want the life to be better.
Sum of optimistic results = better life ; sum of all pessimistic results = to better life .

 

[Kishore_l]

Let's make life, better, by optimistic approach; if every possible option goes to be pessimistic, even then we want the life to be better.
Sum of optimistic results = better life ; sum of all pessimistic results = to better life .

I like it.

Also, like to quote

"Try to get what you like, if not
Try to like what you get"

Do we have a choice here?. Lets atleast feel happy that our 485 is pending and have the option of AC21.........

 

[saras76]

I agree

Please do not forget 245i in APR 2001. Thousands of application filed during that time and most of them are EB3 (I would say all of them either EB31 or EB32), which caused the backlog at the first place. Now, most of them are in 485 stages (Ofcourse many of their lucky one got their 485 approved). Atleast, USCIS can separate the queue for 245i filers and regular applicants, so that both the lines could be moving.

My take on this retrogession is

1. USCIS doesn't have to accept any more applications for 485, AP, EAD.
2. No more status inquiries on 485, EAD, AP
3. No More FP's.

Ofcourse they have to do the extensions and FP's for current pending applications, but still it will reduce lot of their workload. Also, they can clean up the mess which they have created in recent past by random approvals and misplaced files which were filed earlier. Once, H1 processing is done, they can allocate the resources back for processing the pending applications and by then, they would know the exact (not exact atleast some reasonable number) visa numbers available. Probably in few months, it will move back to a reasonable time frame (Don't expect to be current, given the PERM approvals).

Again, I may be wrong............but atleast lets be realistic and optimistic........

Kishore_l,

I am all to familiar with 245i cases. My labor app took 2.5 years because of the backlog created in April 2001. Anyway, I agree with your assessment. Even if there are a lot of 245i cases out there, the USCIS should be able to get a handle on things in 6 months atleast. At that point I expect the dates to move into 01 and then into 02. Hoping for the dates to move into 02 by the end of next year is not unreasonable. However, anything is possible when it comes to USCIS. Lets hope for the best and be prepared for the worst.

cheers,

saras

 

[gceeker05]

Saras,
Are these 245i cases falling in regular EB3 or are they falling in other workers catagory? Sorry for being so naive on this ..

Kishore_l,

I am all to familiar with 245i cases. My labor app took 2.5 years because of the backlog created in April 2001. Anyway, I agree with your assessment. Even if there are a lot of 245i cases out there, the USCIS should be able to get a handle on things in 6 months atleast. At that point I expect the dates to move into 01 and then into 02. Hoping for the dates to move into 02 by the end of next year is not unreasonable. However, anything is possible when it comes to USCIS. Lets hope for the best and be prepared for the worst.

cheers,

saras

 

[Kishore_l]

Saras,
Are these 245i cases falling in regular EB3 or are they falling in other workers catagory? Sorry for being so naive on this ..

To My Knowledge ,
Mostly EB3 (Professional) and very few (Skilled or Other Workers like Hotel / Motel / Cook etc)

 

[gcva]

To My Knowledge ,
Mostly EB3 (Professional) and very few (Skilled or Other Workers like Hotel / Motel / Cook etc)

Most of the 245i cases are Skilled workers(cooks, carpenters, etc who just require 2 years experience without educatinal qualification), who are part of EB31(Professionals or skilled workers).It takes lot longer time to finishi 245i applications which were filed before April 30th 2001. Otherworkers(With less than 2 years experience and unskilled ) also comes under EB3, but they are resitricted to 10000 annual cap.

 

[saras76]

Employment categories

Most of the 245i cases are Skilled workers(cooks, carpenters, etc who just require 2 years experience without educatinal qualification), who are part of EB31(Professionals or skilled workers).It takes lot longer time to finishi 245i applications which were filed before April 30th 2001. Otherworkers(With less than 2 years experience and unskilled ) also comes under EB3, but they are resitricted to 10000 annual cap.

Guys and Gals,

Here is a useful link that explains all the categoris pretty well -

http://www.immihelp.com/gc/employment/greencard.html#EB3

regards,

saras

 

[commander]

Where is the hope?

I am an optimist, but want to be realist too.
I remember that around 200000 EB3 labors were filed against 245i. Assuming that even 50% of them i.e. 100000 were approved, and I485 were filed with 2001 PD during 2002 through 2004 period. Then came the stupid period during which USCIS declared PD current, and started processing newly filed cases to show that there was no backlog. Assuming that even 50000 lucky ones were cleared during this period, the rest 50000 must still be pending. Now with in the current annual Visa availability, I do not think dates can cross 2001 any time soon. And that is what Visa bulletin is also saying.
My figures may not be accurate, but they are representative.

 

[danp]

Folks....

Anyhow....Congrats to those who got lucky when the STUPID USCIS made EB3 current......uneducated move.

Now.....there is no use lobbying, Congressman...AILA etc.
This will aggravate USCIS employees....and that hatred will come back to us.

Be patient, wait for your turn, keep extending your visa......and your day will come.

STUPID USCIS...again

 

[tammy2]

Folks....

Anyhow....Congrats to those who got lucky when the STUPID USCIS made EB3 current......uneducated move.

Now.....there is no use lobbying, Congressman...AILA etc.
This will aggravate USCIS employees....and that hatred will come back to us.

Be patient, wait for your turn, keep extending your visa......and your day will come.

STUPID USCIS...again

It was not uneducated move or any thing. There were factors
1.AC-21 released visa numbers unused from preveious year
2. there were minimun number of approvals In 2002 and 2003. In perticular approval rate in TSC was almost zero.

since there were no approvals visa they were not using the visa numbers. So Visa numbers were available.

Since the dates were current people applied for I-140 and I-485 in large numbers starting from 2002. That clogged up the system. From 2002 to 2004 from on an average 7000 people applied for the I-140/I485. This was almost for 30 months and almost 900,000 applications.

After litigations and complaints USCIS started to reduce the backlog. Once they reached number assigned by the congress they have to set up Priority date. Of course Priority is set up by the DOS not from USCIS (DHS)

 

[saras76]

Your reasoning ...

It was not uneducated move or any thing. It is Congressional mandate.

There is history behind that.

1.AC-21 released visa numbers unused from previous year
2. There were minimum number of approvals in 2002 and 2003. Particularly approval rate in TSC was almost zero.

Since there were no approvals if green card they were not using the visa numbers. So Visa numbers were available.

Since the dates were current people applied for I-140 and I-485 in large numbers starting from late 2001. That clogged up the system. From 2002 to 2004 from on an average 7000 people applied for the I-140/I485. This was almost for 30 months and almost 900,000 applications.

After litigations and complaints USCIS started to reduce the backlog. Once they reached number assigned by the congress they have to set up Priority date.

Of course the DOS sets up Priority not from USCIS (DHS)

tammy2,

I understand what you are saying but please do not try to add logic to this stupid system. This system is like a big waterpipe with several holes. The USCIS only has one piece of "RED TAPE" to cover one hole at any one time. If they feel that a particular hole is getting to large and is leaking to much water they reason that the pipe will burst and as a knee jerk reaction they take that one piece of tape and cover that hole. What this leads to is more pressure on the other holes and they get bigger. This cycle continues and no hole ever gets fixed .. the pipe remains defective .. the leaks continue ..

This system has so many problems that it is not possible to solve them. If one problem is addressed another larger problem surfaces. If one is lucky their application gets through. If one is unlucky they keep suffering. Sound logical decisions do not lead to larger problems in the future. With the DOS, DOL and USCIS there are no logical decisions, just idiotic "short term" solutions ...

saras

 

[hudakchullu]

Interesting Link

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

USCIS Service Centers: Current Benefits Issues

We are pleased to announce "USCIS Service Centers: Current Benefits Issues" a 3-part telephone seminar on the current state of affairs in USCIS benefits processing. The curriculum is as follows:

FIRST Phone Session on Sep 29: Current issues at Texas Service Center, Current issues at Nebraska Service Center

SECOND Phone Session on Oct 20: Current issues at California Service Center, Current issues at Vermont Service Center

THIRD Phone Session on Nov 3: Current issues at National Benefits Center, Current issues at Administrative Appeals Office, Current issues at Office of CIS Ombudsman

The deadline to sign up is Wednesday, September 28th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/september2005.shtm. (Fax version: http://www.ilw.com/seminars/september2005.pdf.)