Thanks veni :)
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I agree with this. Looking at the NVC receipts it looks like it may actually go to about mid 2008. I think July 1 2008 by August or September and then come back to around July 1 2007 by Nov or Dec.
On another note, why do you guys think that next year SOFAD will be less. My PD is 1st week of Feb 2008 and I was thinking that next year GC would be nearly assured. Do you think it will be so less as to not even cover 7-8 mnths including PWMB + porting?
Another question I had was that my wife should soon be porting her Sep 2007 date from EB3 to EB2. Assuming I am able to file my I485 in the next few months does it make any sense for her to go the AOS route or CP is better now.
The reason being EB1 and EB2ROW approvals are artificially low this year. But the receipts for those 485 applications is the same compared to 2010. So in 2012 we expect EB1 EB2ROW to not only receive 2012 demand but also the backlogged 2011 demand. Thats why 2012 may not be a great year for EB2IC.
As per your situation it seems you will get GC based on your wife's EB2 in 2012. I know some lawyers say CP is better. My opinion is that in this case this wont matter.
Hi Gurus,
Can uou please let me know is there any chances of PD will move to for EB2 india June 2008.
My PD is under EB2 19th May 2008. When Can I expect my PD wil current.
Thanks,
Shreya
I feel that if they want to move the dates to 2008 for taking in new I485 applications, it will more likely happen in the Sep bulletin as the purpose will be primarily to fill up the queue. The movement in the Aug bulletin will be probably anywhere around May'07 - July'07 (as all the estimates say), i.e. the range of PDs they can surely approve using this year's SOFAD. The two big unknowns are: i) how much the PDs will move in the Aug bulletin such that they will be approved by Sep'11 and ii) how much the PDs will move in Sep'07 such that a big enough buffer of I485 applications will be created for consuming the spillovers in 2012.
tanu,
The pending numbers have gone up consistently since February 2010 from a low of 11k to 34k in April 2011.
They have risen from 24k at the beginning of the FY.
http://dashboard.uscis.gov/index.cfm...=5&charttype=1
It isn't possible to identify the number of denials.
Hope that helps.
@Spectator,
I am new here and having a look at dashboard for the first time. So parson me if its obvious.
I chose the link you sent and its shows pending form type 140, does it mean that those are all pending I-140 which or not approved? Or are they approved I140's pending to file I485?
If I may answer on behalf of Spec - these are I-140's that are yet to be approved.... nothing to do with 485s.
Great forum providing great (and timely) information - kudos to all gurus.
Here's my first post!
Even after the '07 visagate, the trend has been significant forward movement (13-15 months) during the last quarter followed by retrogression during the first month of the new FY. I can see most of the reasons that argue for a similar movement this time around (including buffering the pipeline).
I'm trying to understand the factors that would prevent a similar trend as we approach the end of this FY. Thoughts?
I wanted to share some firsthand information I know. My co-worker is from South Korea, hence in EB2 ROW, after his labor got approved, he applied concurrently for 140-485 both in around March end this year. And he got his green card, the actual card, in two months, in May end. He has a masters in engineering from US, 4 year degree from South Korea, and his EB2 position was for Computer and Information Systems Managers, Level II wage for Los Angeles area (around 108k). My company is a small privately owned company, with our own software products.
Also I know of another guy, who was in EB3 ROW, his date somewhere in 2005, he too got a green card this year without any hassle, as soon as date became current. He had applied in July 2007, so had already approved 140, 485. Not that it matters here, it's EB3 ROW, but he too has a masters degree from US, and is from a similar, somewhat larger company that is also publicly traded.
So I do think, that it's not that they are delibrately slowing down process for other chargabilities or categories, that they are just more stricter in adjudicating, and maybe asking for more evidence, or denying if sufficient evidence not provided. That is why we are seeing less approvals materializing.
Even on trakkit there are many people with 2011 PD in EB2 ROW who are already approved even though the Processing times for I485 are still in 2010, which means that the processing times cannot be relied upon. I am not sure how the dashboard is calculated so I cant say.
But I disagree with the gurus who think that EB1 and EB2 ROW are being slowed down to give visas to EB2IC. That would not make sense since that would only make a bad situation worse and could end up backlogging countries that are not backlogged. Maybe they have become more stringent or there are more checks.
One line of thought for not moving the dates significantly past July - Aug'07 is that there will be sufficient number of PWMB cases up to July'07 (~5K) + EB3->EB2 porting cases (~4K) for USCIS to adjudicate during the 1st 2 quarters of 2012. In that case, USCIS might move the dates during April'12 (and onwards) and take in more cases & approve accordingly based on demand & PD. To me, the better option is to advance the dates sufficiently and then retrogress as it will ensure that there will be always enough cases in the queue and no spillover visas will be wasted. But, I just wanted to mention the other possibility and have no idea what USICS will do at the end.
Friends you are right the dates should be pushed forward well in advance, now if we are going to really touch 01-AUG-2011 and all preadjudicated cases are to be approved the SOFAD has to be ~ 42-43K. However in the real world if it happens then probably for the next year thy might have the following a) 6K PWMB, b) 6K Porting c) 2-3K preadjudicated cases which will be ~ 15K. It is entirely prudent to take atleast 30K more cases in the system probably draw a line at 01-APR-2008, taking extra cases as you mention will not cause any harm. Now the real essential condition for anything to happen is that we should see another 6-8K movement in the Aug bulletin this would peg the dates between 01-JUN-2007 and 01-JUL-2007 this way an interesting stage will be setup for September. What is going to happen is entirely speculative there is no precedent for that.
Surely agree that this time is unique and we are keeping our fingers crossed! On a slightly unrelated question, USCIS advanced the PDs to Aug'06 during the spillover season in 2008. At that time, there was surely not enough spillover visas to approve all cases up to Aug'06. Was there any specific reason for advancing the dates so much? Or was it primarily to clear out the CP cases with PDs up to Aug'06?
As for pushing dates forward for EB2, most people on this thread being EB2 assume Eb application means EB2 applications. That is incorrect. Spillovers are not meant to be exclusively for EB2. If there are pending applications in EB2, they will be assigned to them. Otherwise CO would make EB2 current and let the spillover flow down to EB3. IMO that is what is likely to happen.
When there are no "documentarily qualified" (read pre-adjudicated ) applications in EB2, visa office has to make Eb2 current. As for I-140s in pipeline, visa office has no guarantee that I-1485 filed based on this new I-140 has the potential of becoming "documentarily qualified".
After July 2007 fiasco USCIS wasn't processing cases methodically in order of PD. Additionally, Many cases were stuck in FBI checks. So DoS moved the dates to get as many approvable/documentarily qualified cases as possible to use up the available visa numbers.
Remember USCIS does not move the dates. Ever! Its DoS.
This is just for FYI: I had send an email to NSC a while back to check whether my I485 application has been pre-adjudicated or not. Today, I got the following reply below. My PD is July'07 and I am not current yet. Plus, I know I have incomplete medical records for which I expect to get a RFE at some point of time. I am not sure what the reply exactly means but it seems that irrespective of whether a case has been pre-adjudicated or not, an officer will probably review it once before approval.
-----------------------------------------Reply from NSC-----------------------------------------
Good afternoon,
USCIS records indicate that your I-485 is pending and waiting to be assigned to an officer for further review, since the pre-adjudicating process has been completed.
It appears that your fingerprints are now good until January 7, 2012.
Regards,
USCIS Nebraska Service Center
EX0050
This proves to me that they do have an official pre-adjudication process, since they officially and openly use this terminology. Which further gives hope that to facilitate this process, they would like to take applications in advance.
Any information is good to know and helps to make this all clearer. Thanks a lot friend for posting.
Gclongwait,
Agree, artificial slowdown is really speculation. We have seen some new policy memos/review guidelines from USCIS regarding on EB1/2 i140 criteria since last year, which I believe is the main reason for the delay with all new EB1&EB2(all countries) i140/485 processing.
"When there are no "documentarily qualified" (read pre-adjudicated ) applications in EB2, visa office has to make Eb2 current."
Can someone confirm this? Does this mean that once USCIS exhausts its current Inventory, it will open the gates for everyone to apply for the I-485?
While nobody can confirm this is going to happen, there is a strong possibility this may happen. The following link is enlightening.
http://www.travel.state.gov/pdf/Immi...ation%20of.pdf
"By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported documentarily qualified each month. Demand for visa numbers can fluctuate from one month to another, with the inevitable impact on cut-off dates."
a. This document is undated.
b. DOS has done that before, moving dates to current and had to face ire from all quarters. Sadly, from the ones who benefited from that dates-movement as well.
c. IMO, this document, applies to all but retrogressed countries. I'm sure there would be a corresponding internal memo addressed to concerned folks on the job, to apply the document as such.
Thanks for sharing the information.
gcq,
This is the example given in that document
"For example: If the monthly allocation target is 3,000 and we only have demand for 1,000 applicants the category can be "Current”."
First, if the demand is less the available VISA numbers then the category can be "C", so it is not a requirement.
Second, based on June inventory data USCIS need minimum SOFAD of 11.3k+porting(if any) VISAs available in the next two months to conclude that the supply is more then EB2IC (and EB2ROW) demand.
The key for SOFAD in the next two months will be based on how many of the ~20k pending EB1&EB2ROW are documentarily qualified!
As we know once FY hit OCTOBER, DOS/USCIS has to stick to monthly/quarterly limitations.
Bottom line is, (we believe) PD movement in the next two VB will be based on the policy than the numbers(demand)!
This statement is true. And that is the reason they will move dates far enough before they exhaust current backlog. The question is how far are they going to make it.
Now that is where policy & discretion comes into the picture. If their preference is to take in all then they will let the backlog vanish and then make it current in Oct-Nov. If they only want reasonably controlled movement they can move as little as 3 months ahead and still generate enough demand to take care through May 2012.
The reality could be somewhere in between. Most likely 1 yr movement so that tehy have enough to process throughout 2012 and be ready to use all SOFAD in 2012.
Based on lots of reading looks like VB might be for Aug'11 is moved by 3-4 months, so it will reach Jun/Jul 07.
Scenario 1: If they want to build the pipeline they might move dates for an year? they it might be moved to Apr'08 in Sep bulletin. But this will add several new cases, porting, high volume 07 and 08, will this does not cause any retro later.
And also if they move dates to say Apr'08 then this demand will be enough since most are predicting that spillover might be less next year..as..EB2 has high pending cases, labor gets approved quick these days, etc...so i think in this case it might take 2013 just to reach mid/3Q of 2008?
Scenario 2: If they move dates to say Jun 07 in Aug VB and say since they have 10K+ cases already and want to move little to gather another 20K-30K they might just move it to end of 2007. But in this case i think next year same time they will move dates to end of 2008 or beginning of 2009.
Does it make sense?
I think cis definitely needs to move the dates to create some demand. Here are the reasons:
1) I believe most of the backlog is due to the i-140 approval delay where eb2 ROW-M-P/eb1 got stuck
2) Since most of the backlog countries (EB2I/C) have already cleared the I-40 stage and they just need to process only I-485 stage which usually takes at least 6 to 8 months.
3) the next spillover season starts around May/June/July/aug/sep 2012 , which is 8 months from August.
4) they need to start intake either in Aug/sep vb only and they cannot start once the next fiscal year starts (oct 2011),becos of the limitation with the number of monthly available visas in the first two quarters that doesn't give proper justification for cis to move the dates.
From the above factors it is evident that, they will certainly move the dates at least to the end of the 2007.
If the NVC fees are any indication, they might even advance the dates to at least April 2008. Based on the predictions of relatively low SOFAD for the next year, probably advancing the dates to Dec'07 will generate enough applications in the queue. However, moving it to April'08 will ensure that there is absolutely no possibility of wasting spillover visas. But, as Teddy and Q pointed out, we haven't faced this situation before and this is somewhat of an unknown territory as far as prediction of PDs is concerned.
My PD 12/05/2007.Is there a chance that I will be current by this FY?