Originally Posted by
Spectator
knighthood83,
My personal belief is that the new dual date system will ensure that we will not see rapid date movement again, as was seen in FY2012. That probably allowed 50k people to file under EB2-I.
Under the old single Cut Off Date system, CO had a fairly rare opportunity to move the dates forward as the previous inventory was nearly exhausted. Because the single date controlled both the ability to file and be approved, the window was relatively short - until the new applications started to be adjudicated. It therefore made sense to move the dates a long way during the short and infrequent opportunity afforded.
The new system of a Final Action Date and Application Filing Date separates the approval and filing consequences. Effectively (and this is what has been said), it allows "just in time" filing of applications consistent with the time it takes to adjudicate the application when it is current for approval.
USCIS now have the power to allow or deny inventory buildup of I-485, rather than DOS. Although DOS can set an AFD in the VB, USCIS have the power to reject it for AOS applications (and are prepared to do so). Effectively, they can blackmail DOS to set the date they want, if DOS desire new AOS applications to eventually work their way into the demand file.
So far, USCIS have made it clear by words and action that they will not accept an Application Filing Date that is more than where the Final Application Date is expected to reach in the next one year (or by the end of the current FY).
Therefore, it seems the Application Filing Date is likely to move forward in a fairly steady (if slightly jerky) fashion, based both on the density of applications and expected total visas available.
The density of applications looks like it will increase beyond where the latest date the COD ever reached. The availability of visas in future years is unknown.
USCIS are in a fairly safe place at the moment, with more applications already filed than visas available. It will be interesting to see if they will be less cautious when the Application Filing Date has to exceed 01MAY10.
All that said, my sense is that Application Filing Dates will not move beyond the latest ever seen (01MAY10) until FY2018.
I'd like to (and certainly can be) wrong in that analysis.