will EB1 retrogress?

So, what does "Unavailable" mean in the August bulletin? I just don't understand the sudden euphoria over Emilio G's decision to accept I-485 applications till August 17th.
As far as I understand, in order to obtain an EAD (which is the purpose of filing the 485) there must be a visa number available. So, if thousands of people now start filing where are these visa numbers going to come from? To me it just looks like they are going to accept the applications and sit on them for years without issuing EADs till visa numbers become available.

What do you guys think?
 
I think if 485 is pending, irrespective of visa availability you can get EAD until your 485 is approved, that is why every one is rushing ot submit there application.
Regrading retrogression of EB1, I feel there may be some for the time being, say 6-12 months but will advance and become current soon.
The USCIS has to sit and count how much is used and how many left over, DOS is too poor in doing so and USCIS is not going ot cooperate with DOS for atleast for a short time, the internal tug or the cold war will certainly going to affect the candidates, that is what I feel.
 
Guys, How can I check if my case is at the Consulate? I have a BMB... number (the bar code on cover page of Packet 3). I do not have the receipt number as my company does not allow for employees to have that.

Please let me know. Thanks!

BTW, I read on Murthy's website that the October visa bulletin is expected to be like the one in Jan 2007. So, EB1 may not retrogress after all.
 
Galactus said:
I've heard of several June EB1 485 approvals, the last of which is from late December 2006. This means there is a 6 month lag; on top of which there is a 3 month block till October. So, with only 95 visas/month on avg for India/China, every chance for a slight retrogression....
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You are correct.
This is based on my conversation with the lawyer:
If you read how many EB1s got approved last year you will see there were only few unused EB1s that went to EB2. India and China were fully used. Ths year they gave all EB1s left in June to EB2 and EB3 to clear the backlog. So EB1 is exhausted until October.

In october they will clear the backlog of EB1 first. People with Namecheck cleared are waiting since Jan 2007 in EB1. There is about a 6 month backlog right now. Add 3 more month until october= 9 months.

Due to the rush from India and china and backlogs, EB1 India and China will NOT be current in October Bulletin. Only Rest Of World will.
 
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Does this mean, whoever applied before June 07 (EB1) might see approval in October including from India and China?
 
pswami said:
Ths year they gave all EB1s left in June to EB2 and EB3 to clear the backlog. So EB1 is exhausted until October.
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Hello pswami,

If what you say is right then there should be no EB1-485 (India and China) approvals in July and August.

But that is not the case...
I can count 7 people (from India and China) who have been approved, in EB1 category, in July and August (trackitt.com).

I have been to infopass twice (recently) and have been told, both times, that a visa number is available (and that my name check is not cleared) .

Regards
Pradeep
 
pradeep07 said:
Hello pswami,

If what you say is right then there should be no EB1-485 (India and China) approvals in July and August.

But that is not the case...
I can count 7 people (from India and China) who have been approved, in EB1 category, in July and August (trackitt.com).

I have been to infopass twice (recently) and have been told, both times, that a visa number is available (and that my name check is not cleared) .

Regards
Pradeep
Click to expand...

Yes They are issuing some greencards at this time. These green cards were requested in June from DOS in a rush. Now they are giving them away. Some of them will also be returned this month to DOS if unused. DOS may decide if they want to allow them to be given away in September too. This may not reflect in the September visa bulletin. There are 3 things that determine the order in which greencards are given-- Priority date, Category and country. Applications are stacked in order and pulled accordingly from this system. This is evaluated every month and cases with name check clear are added to it.
So if you are seeing people getting greencards this month, it does not mean greencards will be given in those PDs in October as well. October visa bulletin will be based on a new year quota with limitations on the number per quarter and per country. It will be conservative since they need to keep the number under the limit. Only in the last quarter they will give more greencards.
There are a lot of pending applications and more in name checks at this time. Due to july visa bulletin, this problem and backlog will increase and cause delay and scare resources in USCIS for applications.
Finally. I maybe wrong, but this is the information from the lawyer. If in october everything becomes current then so be it. Who knew July will be current for everyone!!
 
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