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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 06-26-2007, 01:19 PM
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srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light
Talking Should you file as early as possible in July ?

the USCIS may retrogress the dates mid month due to heavy load of applications in july.
However my lawyer just confirmed that
It is not possible for visa numbers to retrogress mid-month.
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  #2  
Old 06-26-2007, 01:21 PM
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Default

Yeah but USCIS CAN change its rules at ANY time without ANY notice!!

Remember the ONE day notice that I-140 premium processing is terminated for Labour substitution cases?
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  #3  
Old 06-26-2007, 01:21 PM
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Default Yes

Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

That's what your lawyer said. Right?
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  #4  
Old 06-26-2007, 01:32 PM
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srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light
Talking

nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.

Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.

Quote:
Originally Posted by logiclife
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

That's what your lawyer said. Right?
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  #5  
Old 06-26-2007, 01:34 PM
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Default Where did u get this information?

The Visa cut-off dates are issued by the Department of State.

Right now, the message shows:
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

Can you confirm the source of your information, that the August Bulletin will be showing retrogressed dates.



Quote:
Originally Posted by logiclife
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

That's what your lawyer said. Right?
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  #6  
Old 06-26-2007, 01:35 PM
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Default So.

Quote:
Originally Posted by srikondoji
nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.

Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
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  #7  
Old 06-26-2007, 01:36 PM
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Default

What I noticed is these kind of roumor comes from those who already filed and got their receipts

Isn't it???


Mid month retrogression is possible acc to Murthy but that may not happen in July

Everything is a speculation here. USCIS is the winner - always keeps us guessing.

Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.
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  #8  
Old 06-26-2007, 01:39 PM
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Default Another roumor :)

There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually

IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....


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  #9  
Old 06-26-2007, 01:42 PM
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Default

I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time

Quote:
Originally Posted by chanduv23
What I noticed is these kind of roumor comes from those who already filed and got their receipts

Isn't it???


Mid month retrogression is possible acc to Murthy but that may not happen in July

Everything is a speculation here. USCIS is the winner - always keeps us guessing.

Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.
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  #10  
Old 06-26-2007, 01:44 PM
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srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light
Talking

hope so.

Quote:
Originally Posted by logiclife
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
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  #11  
Old 06-26-2007, 01:47 PM
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srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light
Cool

Well....
the rumour is that USCIS will accept as much as their parking lot can accommodate 485 applications.
They will at best try not to spill over to the roads nearby causing traffic jams.


Quote:
Originally Posted by chanduv23
There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually

IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....


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  #12  
Old 06-26-2007, 01:49 PM
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Default

Quote:
Originally Posted by senthil1
I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time
did'nt that just happen to EB3-Other_Workers? The July visa bulletin turned their dates into U, and at the same time USCIS was asked to stop accepting applications (although dates were ok per the June bulletin). That was the note on immigration-law.com (with another note that AILA was looking into the legality of doing this)

================================================== =====================================
06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

* This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.

Last edited by gc_chahiye; 06-26-2007 at 01:51 PM.
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  #13  
Old 06-26-2007, 01:55 PM
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Talking Rumour & Fact

Fact - My 485 has not ben filied yet, still on mercey of Employer after giving them all the paperwork. My PD was current for June filing.

Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.

Does this make sense !!
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  #14  
Old 06-26-2007, 02:08 PM
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Default As I said before :

EVERYONE ON THIS FORUM :
PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !

IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !

JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
PEACE.
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  #15  
Old 06-26-2007, 02:14 PM
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Default

EB3 other workers visa very less in numbers but more people are available as it is unskilled. So that case cannot be equated to high skilled categories.

In EB2 and EB3 total eligible person I am expecting is 200 to 300K that too all may not file due to person reasons like marriage etc. For 100 to 140K Gc numbers 200k numbers will not make them too crowded to stop in the middle.

Quote:
Originally Posted by gc_chahiye
did'nt that just happen to EB3-Other_Workers? The July visa bulletin turned their dates into U, and at the same time USCIS was asked to stop accepting applications (although dates were ok per the June bulletin). That was the note on immigration-law.com (with another note that AILA was looking into the legality of doing this)

================================================== =====================================
06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

* This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.
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