will EB1 retrogress?

D

docny

Registered Users (C)
With every EB category becoming current, there will be lots of AOS applications filed in EB2 and EB3 categories.

As talked about, in the next couple of months retrogression will occur again. I was wondering if that would also retrogress EB1? Since they have no idea of the total actual numbers of visa used, they may overuse the total quota (including EB1 quota).

Although it is FIFO, people stuck in namecheck will be stuck and if retrogression occurs again, they will be stuck for years.



Gurus, any comments?
 
You are asking a question that not even the State Department knows the answer to at this point in time !!!!
 
I dont think so...about EB1 getting retrogessed if we expect to that to happen in EB2/EB3 catogeries in September. I spoke to a lawyer and understood that they made all EBs current because they have some unused visas for this years QUOTA. Once that quota is filled up by the end of fiscal year (sept 2007). they will retrogress for EB2/EB3.

So I assume EB1 stays CURRENT when fiscal year starts in OCT.
 
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I dont think so...about EB1 getting retrogessed if we expect to that to happen in EB2/EB3 catogeries in September. I spoke to a lawyer and understood that they made all EBs current because they shave some unused visas from this years QUOTA. Once that quota is filled up by the end of fiscal year (sept 2007). they will retrogess for EB2/EB3.

So I assume EB1 stays CURRENT when fiscal year starts in OCT.
 
I think (this is just an assumption ) we will see a slow down in the processing times. :confused:
My reasons:
1) A lot of cases are coming in after the back log elimination process by DOL. Evident by the recent surge in the EB2 and EB3 approvals.
2) Lack of enough personnel, applications # over persons overseeing the application swings to negative side.
3) With all being current, many more applications will be coming in which results in shifting some of the work force to do the basic things (assigning a receipt # to an application). Which will result in slow down on many fronts. I believe it might take more time to get a RD for an application.
This would be general, effecting every body, other things like security background check, is specific to case, so can not speculate on any.
good luck everyone:)
Rama
EB10R
RD 10/05/06
Last LUD 5/15/07
 
I think USCIS has given a chance for the EB2 and EB3 guys to submit their 485 before the fee hike, I am sure it may retrogress once the filing fees goes into effect.
 
rama_9193 said:
I think (this is just an assumption ) we will see a slow down in the processing times. :confused:
Click to expand...

Indeed, the process has slowed down after the PD advanced in June and will slow down even more after every category becomes current. I have not seen AOS adjudicated in 40-50 days in for the last 2 months. Similarly, EAD/AP processing has slowed down too.

good_y said:
I think USCIS has given a chance for the EB2 and EB3 guys to submit their 485 before the fee hike, I am sure it may retrogress once the filing fees goes into effect.
Click to expand...

USCIS!!! I doubt it. Why would they hike the fees then?

jk0274 said:
You are asking a question that not even the State Department knows the answer to at this point in time !!!!
Click to expand...

That is exactly why it is a concern that they may overdo things in an effort to account for their miscalculations and then say oh! we have no visas left even for EB-1.

lakksh said:
I spoke to a lawyer and understood that they made all EBs current because they have some unused visas for this years QUOTA.
Click to expand...

If USCIS/DOS were to recapture all the visa lost over the last 10 years, it would not be a problem but as I understand it, it will only be a compensation for this years miscalculations. However, the number of applications will be way out of proportion to the available visa. I think one advantage will be that everyone will be able to get EAD/AP benefit. Retrogression will force everyone to renew AP/EAD every year and that will money making process for USCIS with fee hikes.
 
If USCIS/DOS were to recapture all the visa lost over the last 10 years, it would not be a problem but as I understand it, it will only be a compensation for this years miscalculations. However, the number of applications will be way out of proportion to the available visa. I think one advantage will be that everyone will be able to get EAD/AP benefit. Retrogression will force everyone to renew AP/EAD every year and that will money making process for USCIS with fee hikes.[/QUOTE]

So do think they will use all EB1 visas and allocate to EB2/3... I would like to have more details on this. At the moment USCIS issues 140,000 green cards for EB categories. Each caterory gets around 28.6% (further divided on per country basis).

Any idea when does this fiscal year starts for USCSI. If it starts by SEPT/OCT then they have 140,000 visas FY 2008. so visas for EB1 will be available and EB1 stay CURRENT as it is now.
 
As I suspected.....:mad:

I am wondering, if starting October 1, EB1 will be current or retrogressed?
 
Possibly retrogressed

It will possibly be retrogressed for India/China. Those who filed 485 from Jan to Jun 2007, haven't been rejected or approved. Only new applications are being turned away. In Oct, these "in process" people will take the first set of visa numbers appropriated. Given the usual rush from Ind/Chn, very likely there will be some retrogression, say by a couple of months.
 
I am pretty sure EB1 are going to be Current Oct, 1. Dont worry guys, remember fewer and fewer pepole actually get apporved fro EB1
 
what I don't understand is whether

1) EB1 quota was used up for EB1 applications or

2) Overall visas (annual cap for all EBs) were used up by EB2/EB3 and hence no more available for EB1


If 1) is true then it may not be current starting Oct 1.

If 2) is true, then aren't they supposed to use EB1 visa numbers for EB1s and only if no more pending EB1 applications, then roll over those visas to EB2/EB3?
 
Lawyers say fewer and fewer people, but I just read of this fresh PhD who got an EA with no major awards or patents and just 3 papers. This goes against the very definition of EA, and against a famous paper about NIW/EB1 rejects from the 90s that explained why postdocs and fresh scholars were rejected. In fact, many beginning asst profs use the special handling, than risk an EA. I think the process has become chaotic.

To answer docNY's qs:

EB1 got filled up on its own EB1 applications, otherwise they have to keep open 485s for EB1 until October. Unless USCIS mysterious formula for appropriating visa numbers does something different, due to the 6 month backlog, one should expect mild retrogression.
 
EBI-OR is retrogression expected?

Hi all,

I am new to this forum, but have read quite a bit and am really impressed with the amount of information available.

My company applied for my GC in the EB1-OR category last November. Since my spouse had previous lapse in status issues, our attorney advised against AOS and recommended that we go with Consular Processing.

Here's the timeline so far

11/2006: Applied EB1-OR I-140
04/2007: I-140 approved
06/2007: attorney recieved fee-bill and fees were sent off.

Now we are waiting for Packet 3 and then packet 4 from the consulate in our native India with the interview appointment details.

So, if there is in fact any retrogression in this category in September will I be affected or am I 'in' ? Since EB1 was current till June 2007, what does everyone think asbout the possibility of retrogression?

I look forward to hearing from you guys soon.

Thanks!
 
Applying the 8 CFR blah-de-blah rule, aka the usual formula, there are approximately 93-95 OR visas for Indians per month. The Jan-Jun 2007 people who did not get approved in June and are in line for October, will first need to be cleared. So, there might be slight retrogression of about 2 months. However, USCIS might be lenient due to the current SNAFU and there might be no retrogression... since the numbers are only approximations.
 
There haven't been that many EB1 approvals (485) to warrant a retrogession in this category, I think. However, if numbers become unavailable, it implies that. I really cant think of any good reason for EB1 to become unavailable. Even if they have become more lenient with approving EB1 140s, the numbers are nothing compared to EB2/ EB3. Lately we have seen a deluge in the 485 approvals for Eb3 and Eb2 somewhat, its not even been a trickle for EB1. And there are enough people who are waiting on this forum!!!!
 
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....
 
I dont think theres going to be retrogression. Most EB1 with NC cleared get approved very fast, like mine in 40 days. If you go to trackitt.com you can see all the 485 EB1 approved in the last years.
 
Trackitt is fine; but remember that there will be 9 month gap in October, than the usual 3 month or so gap. If there had been good inflow of Ind or Chn applicants... should lead to retrogression.

Trackitt only has a handful of Indian EB-1s with only three approvals, with vastly differing times. Cant tell much from it.
 
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