Here is my take on this:
https://www.uscis.gov/sites/default/...01-12-2016.pdf
Earlier I thought FY09 EB2-I PDs will get their GCs in FY16 i.e. this year.
Now I'm thinking this may not be possible completely (not sure what happens to their Medical RFEs) and they have to wait for another year i.e. till FY17, that makes them to wait for +8 years from their PDs to realize their GC dreams.
We are not even talking about FY10 or FY11 PDs (may be their wait times will result in +9yrs or +10yrs from their PDs).
God only knows the fate of FY12 and beyond PDs (I don't want to think of anything beyond 4 years from now).
why are FY09 EB2-I PDs stuck like this?
1) ZERO spillover from EB1 and this will be continued for couple of more years in future until we see another recession.
2) Upward porting from EB3-I to EB2-I. I clearly see that there is 1500 increase in inventory between Oct15 and Jan16.
This is the reason why the USCIS is NOT honoring the filing dates proposed by DOS in the VBs from NOV'15 onwards instead it is using the final action dates. This will continue until the EB3-I catchup the EB2-I dates stopping the upward porting completely.
3) Moderate spillover from EB2-ROW to EB2-I. This will continue until the EB2-ROW and EB3-ROW demand split equally.
What makes the FY09 EB2-I PDs move forward at least next year?
The points 2 & 3 from the above question are directly or indirectly tied up with the actions happening in EB3 category.
Here is what I'm thinking that will happen: Seeing the low demand in EB3-ROW will give a huge spillover to EB3-I by this yearend, I was expecting this should be around 20k spillover for the long time now. If this happens then the EB3-I backlogs will erase till 2007 and CO will get an opportunity to open up the FY08 and FY09 for EB3-I to see that there is not much demand exists (as most of them are ported already), that is when the EB3-I will catch up with EB2-I dates, nullifying the upward porting and making way to downward porting and forward movement in EB2-I beyond FY09 PDs. So KEY here is the huge spillover from EB3-ROW to EB3-I. ( I’m still positive this will happen this year)
Alternatively, based on point 3 above, currently the ROW demand is concentrated in EB2 which should be spread across equally into EB3 once the both categories become CURRENT, which will increase the EB2-ROW spillover but might reduce the EB3-ROW spillover, in either case EB2&3-I will get benefit from the spillover.
Going forward we need to consider these 2 categories EB2 and EB3 together yielding a combined spillover to EB2-I and EB3-I which interns dictates the need of downward porting from EB2-I to EB3-I.