
Originally Posted by
veni001
Spec, and All,
Thanks for clarifying me on this; in any event, we have been counting ROW porting as part of new EB2ROW demand. Here is my reason why ROW porting may not be very significant than what it is now…
USCIS Inventory shows about 49k ROW- i485 (EB2&EB3) pending between June 2005 and July 2007 as of 10-01-2010.
Let’s look at the PERM and EB2 approval data for ROW since 2005 not including M&P…
2005:
ROW PERM Certified – 3,536
EB2 –i485 approval – 16,501
2006:
ROW PERM Certified – 41,858
EB2 –i485 approval – 14,420
2007:
ROW PERM Certified – 41,430
EB2 –i485 approval – 28,892
2008:
ROW PERM Certified – 23,890
EB2 –i485 approval – 44,934
2009:
ROW PERM Certified – 13,597
EB2 –i485 approval – 30,123
2010:
ROW PERM Certified – 30,644
EB2 –i485 approval – 24,427
Since i485 approvals in 2005 exceed the total projected demand, even if we assume all ROW PERMs as EB2 only result in 8K i485 (3,536*2.2=7,780) only, let's assume it as backlog reduction and take year 2005 out as an exception for our calculations.
Now let’s see all ROW PERM approvals between 2006 -2010 = 41.8k+41.4k+23.8k+13.5k+30.6k =151.4k
Let’s assume all certified PERMs will make it to i140 and apply15% denial rate at i140 stage which gives us about 129k ROW i140 (EB2&EB3) approvals.
Let’s apply our factor 2.2 for all approved i140 gives us 284k i485 applications, we need to factor EB2-NIW to this number to derive the actual i485 for ROW (EB2&EB3), let’s assume it as 3k per year which gives us about 300k i485 applications for ROW (EB2&EB3) between 2006-10.
Now let’s see all ROW EB2 i485 approvals between 2006-2010 =14.4k+28.8k+44.9k+30.1k+24.4k ~=143k
Now let’s see all ROW EB3 i485 approvals between 2006-2010 =44.9k+37.1k+29.8k+26.3k+24.3k ~=163k
Note: We know that NVC got about 120k EB3 cases but most of them are 245(i) cases.
So if we add all of them (49k+143k+163k) we are looking at 355k i485 for ROW-EB2/3 (not including M&P) between 2006-10. Since backlog centers are closed long time back, I don’t think any EB3 ROW with priority date before May 2005 is still waiting to apply for i485.
Conclusion: I don’t believe there will be many EB3 ROW cases (or the dark demand) at the LO level to add to EB3 ROW inventory, except CP case or PWMB cases.