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Discussion Forums: I-485
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Topic: February 2008 VB out
Posted by AdrianMutu (1080) 09 Jan 2008
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Posted by atlanta04 (59) 09 Jan 2008
very very bad especially eb3 row. huge insult.
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Posted by Austinguy (48) 09 Jan 2008
How come what were you expecting for Eb3 ROW?
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Posted by txtraveler (101) 09 Jan 2008
Im just glad ROW EB3 didnt retrogress, this itself is a huge relief !
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Posted by Austinguy (48) 09 Jan 2008
Exactly Jan. 07 and Feb 07 did not move one day so why do people here live in some dream world that it will jump years.....I think if anything they will be more cautious moving forward but I do expect later this fiscal year it will move a little faster for EB3 ROW
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Posted by gettinggc (1093) 09 Jan 2008
INDIA EMPLOYMENT SECOND PREFERENCE[EB2] HAS BECOME “UNAVAILABLE”

Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.

தாய் மண்ணே வணக்கம், Vande Mātaram, वन्दे मातरम् বন্দে মাতরম Bônde Matorom, Bow to thee Mother Land!

S..
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Posted by Austinguy (48) 09 Jan 2008
No visa numbers for India EB2 until Nov 2008
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Posted by miaroh (146) 09 Jan 2008
This is bad news for many EB2 folks from India:Does this mean it is going to remain "U" for many more months?When does the quota open for next fiscal year?
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Posted by JA1HIND (111) 09 Jan 2008
Great, this time looks like in EB2 Employ-ment-Based is gone from worst to hopeless...until Jan 2008 Bulletin that was published in Dec 2007 EB2 for India was showing "01JAN00" and now its "U-Unavailable".
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Posted by miaroh (146) 09 Jan 2008
This makes me wish Happy New year 2009 to all trackitt folks :-).So nothing to look forward to till the end of the year?..Not good ..I need to start thinking about using AC21..
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Posted by gcyet (148) 09 Jan 2008
Moved forward 7 days for EB3 India. How many years to get 2002 PDs if it goes in this rate?
I like this gettinggc
தாய் மண்ணே வணக்கம், Vande Mātaram, वन्दे मातरम् বন্দে মাতরম Bônde Matorom, Bow to thee Mother Land!
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Posted by vptracker (982) 09 Jan 2008
very grim :o( Does not bode well for anyone really.
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Posted by July31stRN (1357) 09 Jan 2008

Im just glad ROW EB3 didnt retrogress, this itself is a huge relief !



It won't...it simply means that by July 2008, we can see a huge jump in PD...it could go to 2005 for EB3 RoW and Philippines. Another year of wait for July 2007 filers - EB3 RoW and Philippines.
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Posted by texandude (356) 09 Jan 2008
I think USCIS plans to have EB2 PD dates for India to match our Date Of Birth dates!!
Good Luck folks!!
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Posted by iamout (623) 09 Jan 2008
positive side for Eb2 indian is , lots n lots of time saving... I dont have to look into various immigration sites from now on ..atleast for 10 more months.. Thank god.. huge relief
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Posted by dassoug (38) 09 Jan 2008
u never can trust uscis. eb2 might jump ahead just like 2007 fiasco. but at least we will have ac21
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Posted by AdrianMutu (1080) 09 Jan 2008

It [RoW EB-3] won't...it simply means that by July 2008, we can see a huge jump in PD...it could go to 2005 for EB3 RoW and Philippines. Another year of wait for July 2007 filers - EB3 RoW and Philippines.



You're most likely right. Being the optimist that I am, I'm hoping that the end of Q3/ beginning of Q4 jump for RoW EB-3 will go to mid-2006 or even to "C". For now it's clear that DOS is moving super-duper-cautiously, so if they continue in this manner they'll again wake up crying OMG-we're-going-to-waste-visas-let's-open-up-the-gates... So here's to hoping for the Q4 lottery.
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Posted by W8TG2Dream (149) 09 Jan 2008
Do you all think this bulletin will be the last to reflect the effect of the July fiasco? I mean things can only be better from here on for those categories that have not retrogressed at least until the end of the fiscal year and beyond?
The reason I said that is because USCIS has announced they're current with receipting and it looks like majority of the July fiasco filers are India EB2, hence the unavailability. So, is it safe to say for all other categories retrogression is most unlikely going forward?
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Posted by Findlater69 (19) 09 Jan 2008
Thank you God

At last I have made my processing date, EB3 ROW 24th Oct 2002 after so, so long. I was stuck in the "just after Aug 2002" for over one year. I am pleased that it has not moved forward by months, as I would have another wait, at least they are trying to keep to FIFO.

I hope my approval is the first week in February.

Good luck and "hang in there'", everyone's time will come.
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Posted by PBGC (84) 09 Jan 2008
This is unbelievable. How come all the EB2 visa numbers were used up for the current year? It was reported about two months back that 38% visa number used. I can’t believe that USCIS is working mainly on Indian EB2 cases and they used up all the remaining available visa numbers for the current year? What happened to quarterly allotment? Do you guys believe this? USCIS/DOS is so efficient? There is something fishy. I don't think if there is anybody with such old priority date still waiting for GC? Although my last statement is based upon trackitt information, which people says probably represents about 1-2% of total people, but major numbers here on trackitt are from India and most of the EB2 people are IT people and they must be aware of trackitt. Having those people, i.e. people with priority dates before Jan 2000. Does anybody know somebody with such old priority date from India and not registered at trackitt?
I had discussion with my immigration attorney on this subject and his opinion was that probably they allotted visa numbers to pending application i.e. before I-485 approvals, but due to law they can’t approve such cases as their dates are not current. If this is true (which I don’t think so), then I don’t think there is any other bigger stupid idea then that of allotting the numbers to unaproved I-485 cases and then let them go waste as such cases in no circumstances can be approved.
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Posted by apahilaj (215) 09 Jan 2008
I wonder where mr GJoe is now who said 80% of the applicants will get their GC this year...:) Just kidding...

Anyways, this was expected for India EB2, so am not shocked like I was with the previous 2 visa bulletins...

Good luck to every one who's waiting out here...Let's keep our spirits high during this rough time.
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Posted by jaga (6) 09 Jan 2008
I am not sure if they do any calculations before publishing these bulletins.
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Posted by lordvoldemort (59) 09 Jan 2008
Like some experts in the forum said earlier I think USCIS/DOS is playing it very safe now. I can't believe that we still have that many people with 2001 PDs from India/China/Mexico who haven't recieved that GC, except for those who were unluckily stuck in name-check or backlog centers. Even the backlog centers started late in 2001, maybe Oct but not in May 2001. And maybe things were just too slow during the holiday season, so hopefully we may see some progress next month. Except for the predicted EB2 India unavailability, other categories have atleast not retrogressed further. I guess we should just wait for next month or maybe the last quarter when USCIS seems to wake up from extended hibernation.
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Posted by atlanta04 (59) 09 Jan 2008
i think eb3 row will move significantly in May or June.
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Posted by gtg506p (140) 09 Jan 2008
My theory (maybe its wrong): The July fiasco filers cant have too much to do with the U because before July the bulletin was at 2003 for a year and 04 for just 3-4 months (after July). So majority of the people on Jan 03 and before Jan 03 always had a chance to apply. So the dates going back to 2000 and then becoming U because of majority India EB2 doesent make sense. Unless, the BECs cleared in large numbers during June-July and majority of BECs were India EB2s with PD 03 and before.
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Posted by gjoe (25) 09 Jan 2008
Just hang in there bro. You will see light before the end of this year. We need hope and change, the first is for us and the later is for USCIS. No wonder that is the theme of the 2008 presidential campaign.

Together.....we willllllllllllll........make this happen. Do I sound like Obama or Clinton or maybe like Romney. Guys don't be like Guiliani talking about the past instead of change and hope.
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Posted by Salman (368) 09 Jan 2008
Guyz,
Is it true that visa quota for EB2 is over for the entire fiscal year of 2008?
If thats true, then people with which PD will continue to be approved?
Is it possbile to see that U being replaced by some date later this year?
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Posted by lordvoldemort (59) 09 Jan 2008
Yes, unavailability means that the visa numbers for EB2 India have already been exhausted and so no new numbers will be available, unless there are leftovers from other categories, which is very unlikely. So the only likely movement in EB2 India category can be in the next fiscal year.
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Posted by Salman (368) 09 Jan 2008
So people with what PD can still get the approval?
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Posted by JA1HIND (111) 09 Jan 2008
salman your process is in EB3 & I think you are not effected with this EB2 mess anyway right?
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Posted by Salman (368) 09 Jan 2008
You are right (EB3, RoW) but I have couple of indian friends who are effected by this bulletin so thats why I want to know about it? Is there something wrong if I want to know about this issue?
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Posted by Starter (288) 09 Jan 2008
Seems like EB2 ROW will be retrogressed on the March visa buletin.


Starter
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Posted by JA1HIND (111) 09 Jan 2008
absolutely not, you are good and helping others. Its just that I happen to notice your profile and you are listed as EB3.
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Posted by ninitadallas (5) 09 Jan 2008
Mexico EB3 SUCKS! It had been APR or MAY2001 since the 2005 retrogression. After the July fiasco, it has been 22APR01 for 5 visa bulletins, no movement whatsoever!!! I am SOOOOO frustrated!
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Posted by AdrianMutu (1080) 09 Jan 2008

Seems like EB2 ROW will be retrogressed on the March visa buletin.



Starter, why do you feel this way?... I failed to find any indication of that in the VB. Please shed light.
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Posted by akshay55 (214) 09 Jan 2008
hi,
adrianmuttu,
EB ROW, Stands for what? ROW is Rest of the World..or Other Worker...?

thanks
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Posted by AdrianMutu (1080) 09 Jan 2008

EB ROW, Stands for what? ROW is Rest of the World..or Other Worker...?



ROW = Rest of Other Worker :-)

Just kidding of course. It means "Rest Of the World" ("Other areas of chargeability").
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Posted by Starter (288) 09 Jan 2008
Adrian,

USCIS does not require any indication. Think about EB2 India. Did you realize it when Jan visa buletin was out ?
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Posted by GCSeek (12) 09 Jan 2008
USCIS is very cautious at this point - with a reason. Only after they process (not receipt) majority of the July / Aug applications, they would know the true picture - i.e, how many pre-adjudicated and ready to be assigned a visa number. From t he recent trends of approvals, looks like they have started working on June applications and some cases of July application have also seen the light. I guess during the next 6 months or so, USCIS will be processing July / Aug applications. At that point, they would be able to calculate the visa accurately based on approved applications and thier category, country and priority dates. I guess since they don't have a good report generating system, just completing the receipting is not giving them enough data to make accurate prediction. Just my theory ....
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Posted by wahwah (35) 09 Jan 2008
you can still have eb1 india unused visa numbers filter to eb2 india if they go unused by july 2007. for that to happen eb1 india needs to remain current.
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Posted by AdrianMutu (1080) 09 Jan 2008
Starter,

India and RoW are very different...

1) The first has a country quota, the latter much less so.

2) Based on the PERM statistics -- http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf -- the number of Indian applicants could represent over 25% of the total number of applicants. RoW applicants (all of them) could be less than 50% of the total number of applicants.

3) During the June/July/August madness, the number RoW EB-2 applicants has increased only a little over the normal influx of RoW EB-2 (the small increase was due to people hurrying up to catch the lower fees). But in general, the rate of RoW EB-2 applications is fairly constant and it has allowed this privileged category to be "C" throughout the time. So really no reason to assume it will not stay "C".

4) The Dec and Jan VBs did warn about the India EB-2 retrogression and possible "U"navailability.

Of course, one never knows when it comes to USCIS and DOS... But generally, I guess people's opinion is that RoW EB-2 will stay "C" so a RoW EB-2 guy only depends on processing times... and last but not least, the dreaded NC. Of course, I'm not a lawyer, YMMV, etc :-)
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Posted by AdrianMutu (1080) 09 Jan 2008
Just a thought that crossed my mind: if there's a positive side in this retrogression, it's that USCIS is less likely to tighten the screws on AC-21 (i.e. issue an actual law instead of the guidance they've been having from 2001 onwards w/ some modifications, most of which in favor of the applications). I mean, if they'd make AC-21 more restrictive, in corroboration with the retrogression they'd most likely have AILA knocking at their door... Yeah, I know, call me the eternal optimist.
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Posted by arcadian (26) 09 Jan 2008
GCSeek,
I totally agree with you. good hypothesis!
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Posted by friday (88) 09 Jan 2008

Based on the PERM statistics -- http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf -- the number of Indian applicants could represent over 25% of the total number of applicants. RoW applicants (all of them) could be less than 50% of the total number of applicants.




Also, if trackitt is any indication (which it likely ain't but still) then you can see: I-485 tracker total 131 pages. When you filter by ROW this shrinks down to 46 pages. India alone has 69 pages of cases on here. That is more than ROW. I would guess that the number of Indian and Chinese applicants is disproportionate in the July/August filing, hence I would be rather surprised if EB-2 was going to retrogress. But whatever happens will happen. We'll see ...
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Posted by Kingdom (38) 10 Jan 2008
I like this.. though No improvements in our GC Process.
தாய் மண்ணே வணக்கம், Vande Mātaram, वन्दे मातरम् বন্দে মাতরম Bônde Matorom, Bow to thee Mother Land!
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Posted by W8TG2Dream (149) 10 Jan 2008
GCSeek

Thank you. Your theory makes lots of sense. I guess I was inadvertently juxtaposing receipting with adjudicating. I can definitely see how they would want to be cautious with the bulletin to avoid unnecessary overload of the system. I guess USCIS needs a magnificent EOQ system that beats the current visa bulletin system since they cannot keep up with the JIT processing...hehe! :)
Thanks again for the clarification.
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Posted by spidercharm (185) 10 Jan 2008
To play devil's advodate: wouldn't AILA very likely to serve lawyers and wouldn't lawyers want to see it being more restrictive so as more people running over for their cases and paying bucks to them in order to fight their cases?
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Posted by kural (52) 10 Jan 2008
Friends,

Visa numbers for EB-2 India became unavailable in August and September 2006. But in October 2006, visa numbers became available. So let us wait and see.
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Posted by gani02 (20) 10 Jan 2008
adrian,

I am seeing your post after long time. You were spot on with your obs.
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Posted by gettinggc (1093) 10 Jan 2008
Adiranmuthu,

That’s what I am also thinking and believing positively. However, currently many of us are having no other choices other than using the AC-21, so most of the people will be trying to use AC-21 in near future. My fear is, if we are flooding USCIS with AC-21 (which is not yet 100% clearly defined, I believe), it might change their focus towards AC-21. I wish we should not let USCIS screw up (as most of us converted themselves from EB3 to EB2 which is Unavailable) the AC-21 too.

S..
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Users currently subscribed this discussion: atlanta04, spidercharm, Austinguy, kural, anu485, Findlater69, miaroh, aoswait, gcblues, July31stRN, Starter, nadiafern, friday, PBGC, gettinggc, txtraveler, W8TG2Dream, Kingdom, Jack, Salman, lordvoldemort, wahwah, dassoug, akshay55, arcadian
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