Teddy,
I agree that the end of FY2012 looks like it wil be the critical time. I am not as optimistic as you - I think this is when the current backlogs will be either just exhausted or approaching exhaustion for both EB2 and EB3-ROW.
I prefer to use that terminology, because it isn't the same as Current.
I also meant to say the same agree your terminology and way of stating makes it clearer, thanks.
I still can't subscribe to the theory that DOS will have to do anything amazing regarding forward movement of the Cut Off dates to cope with this.
Firstly, an element of forecasting and prediction is already part of the VO modus operandi. If it weren't, EB1 I&C would have to have had Cut Off dates established in recent years. By looking at current trends and past history, the VO have never done so, because they have forecast that spill up from EB5 will be sufficient to cover the demand.
Secondly, passing August 2007 is not an unexpected event. I am sure planning for this event has already started.
At the simplest level, DOS knows with some certainty the number of cases post August 2007 that are awaiting CP. They also know the historic CP:AOS ratio for each Country category. Even in the absence of any information from USCIS, they can set an approximate Cut Off date, even if it has a sizeable buffer built in.
In fact, DOS can move the Cut Off dates relatively early to gauge demand and then adjust them later if necessary. This would allow enough time to process and approve sufficient cases.
In reality, I suspect that USCIS will also be under pressure to complete an inventory of approved I-140s in their system awaiting potential I-485 submission, similar to the I-485 Inventory. Even if this was only partially successful, it would provide sufficient information to DOS to set approximate Cut Off dates beyond August 2007, again probably with a buffer.
There was some talk of developing a system within USCIS - DOS to predict date adjustments based on I140 information and the ETA for that when I last heard was 2012, maybe they know that this is the time when it will be coming.
The very last thing that DOS will want to be accused of, is creating anything which can be remotely compared to July 2007.
Next to that, they will not want to be accused of wasting visas when there is still demand from EB2.
I
hope the visas are not wasted and go to EB2 retrogressed countries and they have cases from within this group to process even if they have to open the gate further otherwise it goes to EB3 ROW by default.
None of the above necessitates moving Cut Off dates to either Current or well into 2008, unless you believe very large amounts of spillover will be available to deal with post August 2007 cases in FY2012. I would be surprised if it has to move into 2008 at all.
I agree the demand till 2007 end is itself huge in addition, theer are atleast 20K filings post Jul 07 and there are around 5k folks who missed the boat this is actually in the range of the SOFAD we received this year, so 2008 looks highly unlikely this year and even in 2012 depending on the resting point in 2011 we may just barely enter 2008. However from another side having waited for so long just to file for 485 I would be happy if they made the dates literally current so as to allow everybody to file for 485 and then retrogress. In these times its not easy to survive on H1B.
I don't particularly want to be cast as the doom sayer. I actually agree with most that you say. My feelings are based on a very conservative position, which you have stated you don't want to assume yet. Thus we are coming from two different ends of the same line. Possibly we will meet in the middle eventually.
I think that contrary positions often stimulate the best discussions. I certainly hope so.
I agree with you its good to stay conservative and set realistic expectations, expecting more that likely or something that requires all optimistic scenarios to add up is not really realistic and causes more grief in the end. With my PD at the end of Jul 2007 Iam looking at 2012 realistically for EAD/AP/GC, 2011 is a long shot but not impossibe just hoping 