Why Retrogression? To reduce backlogs and processing times

Okay ..

unitednations said:
The main reason eb3 row moved beyond april 2001 is because they suspended ac21 provision and allowed eb3 row to go get ununused visas from eb2 and eb1. This was a stroke of genius.

I don't know why you keep on hanging to the fact that india eb3 hasn't become unavailable. 245i cases aren't straight forward. Many of them get sent to local office interviews. They won't take up the visa number until it actually gets approved.

Last year visa numbers for eb3 went unavailable after they APPROVED the cases and took up the visas.

So India EB3s are being kept in April 2001 because there are thousands of cases but USCIS is not able to process them so the end result is that visa dates are not moving and visas are not getting used either due to delays in processing. Brilliant ...

Anyway, I still believe 1900 visas is nothing and should have been used up by NON 245is since you claim that thousands have used sub labors and thousands of non 245is are still pending. We should just agree to disagree here. You have your own analysis and I have my own concerns. Lets just leave it at that.

On another note, you are ROW so it shouldn't really matter to you.

saras
 
saras76....visa numbers are released every quarter.....i think this is what i have heard....in that case......there will always be visa available till the last quarter.....when the approvals exceed the quota.

i am not very sure...but i think that EB3 india even with 1900 can still be available because they are not approving that fast.....and anyways they have retrogressed to stone age which means not many applications coming in big numbers....

anyway all these is just our estimates based on what we know....since we do not have sufficient data its hard to be even 80% accurate.......even ROW eb3 one year movement must have taken evey soul in this world by surprise....and people are speculating that its because EB1/EB2 row is flowing into EB3-row........isnt it just a guess??
 
Yes ...

techy2468 said:
saras76....visa numbers are released every quarter.....i think this is what i have heard....in that case......there will always be visa available till the last quarter.....when the approvals exceed the quota.

i am not very sure...but i think that EB3 india even with 1900 can still be available because they are not approving that fast.....and anyways they have retrogressed to stone age which means not many applications coming in big numbers....

anyway all these is just our estimates based on what we know....since we do not have sufficient data its hard to be even 80% accurate.......even ROW eb3 one year movement must have taken evey soul in this world by surprise....and people are speculating that its because EB1/EB2 row is flowing into EB3-row........isnt it just a guess??

techy2468,

I know of the staggered release of visa numbers. My point is that the numbers of sub labors (prior to April 01) and pending EB3 India cases prior to April 01 are over blown. There aren't that many "REGULAR" EB3 India prior to April 01 left. Also not many 245is have hit the system yet (based on UNs remarks about NY, NJ DOLS) so it is obvious that 1900 visa number for India EB3 won't be used up and the dates will remain in April '01 till 245is actually hit. The scenario is not good for us. Contrary to what UN keeps stating, most of us KNOW that the situation is bad, most of us also KNOW that things will probably not improve, most of us are also not mistaken in any regard. We are just discussing all sorts of possibilities and potential holes in different theories. None of us are stating that this retrogression is a glitch in the system and will go away with a click of a button. However a lot of us have doubts about the way things are being handled and whether relevant information is being released to us.

Regarding guesses. My postings related to PDs are pure guesses. Others with some connections may have concrete information but most of these posts are based on speculation and guess work.

saras
 
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saras76 said:
techy2468,

... so it is obvious that 1900 visa number for India EB3 won't be used up and the dates will remain in April '01 till 245is actually hit.
saras

I by no means want to upset anybody, but this must be said: the 7% per country is a limit, not a minimum. USCIS is not obligated to use up the entire 7% allocation on an oversubscribed country.

This is just the way it is, and unfortunately we all have to live with it.

Please don't flame me for this. I'm only stating what is true, albeit difficult to accept at times.

Good luck to all.
 
Good point ..

blondhenge said:
I by no means want to upset anybody, but this must be said: the 7% per country is a limit, not a minimum. USCIS is not obligated to use up the entire 7% allocation on an oversubscribed country.

This is just the way it is, and unfortunately we all have to live with it.

Please don't flame me for this. I'm only stating what is true, albeit difficult to accept at times.

Good luck to all.

blondhenge,

You make a good point here. I never looked at it that way. I am not in the business of flaming people and neither are most people on this forum. Sometimes we all take oursevles a bit to seriously :) Its Friday and we need to make plans to enjoy the weekend ...

cheers,

saras
 
USCIS is not obliged to work at all!

blondhenge said:
I by no means want to upset anybody, but this must be said: the 7% per country is a limit, not a minimum. USCIS is not obligated to use up the entire 7% allocation on an oversubscribed country.

This is just the way it is, and unfortunately we all have to live with it.

Please don't flame me for this. I'm only stating what is true, albeit difficult to accept at times.

Good luck to all.
Agreed. USCIS is not obliged to work at all in any year! Look at their track record.
In FY2003, they approved 82,137 employment-based green cards only against the annual quota of 140,000.
Our main fear in USCIS holding the EB3 India PD in mid Apr'01 is that they may not fully utilize the country quota this year.
 
Dallas03096 said:
Agreed. USCIS is not obliged to work at all in any year! Look at their track record.
In FY2003, they approved 82,137 employment-based green cards only against the annual quota of 140,000.
Our main fear in USCIS holding the EB3 India PD in mid Apr'01 is that they may not fully utilize the country quota this year.

Your case details are unique. I have not come across anyone stuck in retrogression because their 140 took such a long time.

Which one is worse luck, getting stuck in Back Log Center or missing your GC because of some stupid reason? I guess the later is.
 
Dallas and I ...

GreenCardVirus said:
Your case details are unique. I have not come across anyone stuck in retrogression because their 140 took such a long time.

Which one is worse luck, getting stuck in Back Log Center or missing your GC because of some stupid reason? I guess the later is.

GreenCardVirus,

I think me and Dallas are a bit more cynical of this process and these agencies because of the unique nature of our cases. I got stuck in this retro because USCIS transferred my files to the wrong local office and the process of getting it back to TSC took a whole year. All this happened at the time when TSC was handing out GCs within 6-7 months of applying 485. Anyway, once the files were back at TSC, they got "lost" for several months until I wrote several emails and letters to the Ombudsmans office. Finally they found them and sent confirmation emails that my case files were indeed back at TSC. Sorting through all this mess wasted 1.5 years and then I got stuck in retro :). To top it all of, while our cases were "lost" all our APs and EADs were thrown around different offices. It took several inquires to get EADs and APs approved. It was a nightmare ...

I think all this has led my frustration with this process to be a bit more than others and I view this system as totally broken and full of unwarranted and unjust mistakes. When it comes to retrogression and its handling by DOS and USCIS, I have no faith that they will do it efficiently. I do not associate words such as logical and efficient with USCIS and DOS. Unfortunately Dallas and I share this rather unwanted trait :)

regards,

saras
 
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Unique indeed

GreenCardVirus said:
Your case details are unique. I have not come across anyone stuck in retrogression because their 140 took such a long time.

Which one is worse luck, getting stuck in Back Log Center or missing your GC because of some stupid reason? I guess the later is.
Don't get me started on the uniqueness of my case ;)
Unnecessary delays in approving I-140 (Some wise person in TSC thought I-140 approval has to wait till I-485 processing date becomes current for concurrent filed cases!)
Totally un-warranted transfer to local office for interview.
Not scheduling the interview when the PD was current between Nov'04 and June'05
Waiting for FP results to arrive magically without ever issuing FP notice to my wife and younger son in time(in spite of following up with the local office every month)
Screwing up my elder son's college studies (by holding him hostage here in USA) by taking more than a year to approve AP
 
If you look at the way DOS/USCIS operates, we can easily see that they don't like to project the gc process is a time taking exercise even though it is. Not making eb3 unavailable is certainly within these lines. It is better for us to take corrective action if we can understand the reality.

Last year they made india eb3 unavailable because they had to stop india cutting into row quota. This year india eb2 went unavailable to stop too many eb3s coming into it.

I would not think that just because india eb3 did not go unavailable it means that visa numbers are still available or they are going wasted. If we do thats exactly what DOS wants to believe. In fact I would not be surprised to see india eb2 and eb3 marginally exceeding their quotas in the end.
 
saras76 said:
GreenCardVirus,
I think all this has led my frustration with this process to be a bit more than others and I view this system as totally broken and full of unwarranted and unjust mistakes. Unfortunately Dallas and I share this rather unwanted trait :)

When "authorities" air drop food packets in flood struck areas, those who reach the food first get to eat. Doesnt matter if you are stuck longer or you are have been hungrier longer.
-----------------
I'm waiting here hungry stuck in a flood!! I dont know when the next plane comes. If it comes, I don't know if it will drop any packets. If it does, I dont know if it will be close to me. If it will, I don't know if I can reach my packet. If I can reach, I dont know if I will have the appetite to eat.
 
Dallas03096 said:
Last year all EB3 became unavailable from July 2005.
yes, let me say then because everything was unavailable india was also unavailable. My point is simple -- as per DOS, india(any one particular country) cannot have more when row is suffering. This year they made sure of it not happening well ahead of the year, that way they don't have to worry about india eb3 now.
 
Good one ...

GreenCardVirus said:
When "authorities" air drop food packets in flood struck areas, those who reach the food first get to eat. Doesnt matter if you are stuck longer or you are have been hungrier longer.
-----------------
I'm waiting here hungry stuck in a flood!! I dont know when the next plane comes. If it comes, I don't know if it will drop any packets. If it does, I dont know if it will be close to me. If it will, I don't know if I can reach my packet. If I can reach, I dont know if I will have the appetite to eat.

By that account I should have lost a lot of weight by now .. :)

Anyway, I get what you are saying.

cheers,

saras
 
EB2 retrogression

Does anyone know what'sup with EB2 category. It says unavailable for last two months. It approached Jan 2003 and I was happy that I have to wait only couple of months(my filing date is Feb'03) but it has been a sad news since.

Any comments or insight?
 
yes, it was made unavailable. evidently 7% quota has been reached. with EB1 and EB2 in most other categories being current, this is puzzling to me.
some say that EB1 and EB2 row was allowed to flow to EB3 row at the expense of EB2 india and china.
others say this was done to discourage further eb3->eb2 converrsions in perm.there is also (perhaps) a lot of abuse going on by indians in EB1 categories.
either way, it is clear that they prefer EB3 row immigrants compared to EB2 india.
you could still be lucky and be able to file 485 come october.
khare123 said:
Does anyone know what'sup with EB2 category. It says unavailable for last two months. It approached Jan 2003 and I was happy that I have to wait only couple of months(my filing date is Feb'03) but it has been a sad news since.

Any comments or insight?
 
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