Why would the Priority Date for EB2 retrogress in the near future

[shahrukhs_fan]

Hello gurus,

                   I had a quick question regarding PD retrogression.  We've recently seen the PD for EB2 India move up to Jan 1, 2008.  This was because of left over visa numbers from this fiscal year right?  If so, then, shouldn't we expect the Priority date to move even further in October, when the new fiscal year starts, and subsequent months as we would have an influx of additional visa numbers? The reason I ask this question is because I hear people talking about the PD retrogressing whereas I believe that that should be the last thing to happen.  

In other words, if left over visas could bring the PD up to Jan 1, 2008, shouldn't the additional visa numbers from the upcoming fiscal year take it further into the future.

 

If you could please shed some light on this topic, I'd really appreciate it.

 

Thanks in advance.

[omshiv]

Too many topics on this subject.

[Belle]

To understand why it will retrogress you need to understand why it has moved forward.

[needgc1]

Belle, if at all regresses, what date do you think it will regress to? Thanks

[murthybabu]

Assume there are 8000 visas available in EB2 India. There could be more than 20,000 EB2 India filings on August 1st due to huge number of EB3 to EB2 ports. So to prevent further filings in September, USCIS will have no option but to regress the dates.

[JoeF]

The big unknown is the number of EB3-to-EB2 ports.

The porting was the main reason for the previous retrogression. Depending on how many porting cases they get, EB2 may retrogress again.

[tusharvk]

There is also the spill over effect which brought the numbers so far ahead.

I hope there is enough staff to ensure approvals at a rapid enough rate so that the spill over numbers do all get used up. After that with the porting eb3->eb2 continuing and slim hope of immigrtion reform, dates may remain stuck at a retrogressed date for some time.

[Desi Dude]

I think retrogression is a bad idea. It only helps porters. The way its going, retrogression is another way of putting EB3 above EB2. For instance, if retrogression happens and dates go back to 2004, no EB2 can get approved (since there are practically no EB2's left before 2004) and only EB3's will get approved using EB2 visa numbers (by porting).

 

This is almost like there is no EB2, EB3 etc category, there is only one line and PD decides your place in the line.

[Shurap1]

I think retrogression is a bad idea. It only helps porters. The way its going, retrogression is another way of putting EB3 above EB2. For instance, if retrogression happens and dates go back to 2004, no EB2 can get approved (since there are practically no EB2's left before 2004) and only EB3's will get approved using EB2 visa numbers (by porting).

 

This is almost like there is no EB2, EB3 etc category, there is only one line and PD decides your place in the line.

If you see EB3 view of it then yes there should be one line, why a person who comes to this country in 2012 gets GC in less than year vs people who are waiting in line for more than decade? However there is no point in discussing this instead call senators, congressman and request them to support CIR.

[Desi Dude]

If you see EB3 view of it then yes there should be one line, why a person who comes to this country in 2012 gets GC in less than year vs people who are waiting in line for more than decade? However there is no point in discussing this instead call senators, congressman and request them to support CIR.

 

That's a whole different topic you mentioned, the categories were created based on preferences and demand, based on what US needs. What I'm trying to say is if they are not following what they intended, then why the sham about categories. They should just tell the world that everyone is same preference even if US might need more nurses than 1st grade teachers !!

[chakrakr]

That's a whole different topic you mentioned, the categories were created based on preferences and demand, based on what US needs. What I'm trying to say is if they are not following what they intended, then why the sham about categories. They should just tell the world that everyone is same preference even if US might need more nurses than 1st grade teachers !!

And it is still based on Preference and Demand.  A person who has ported to EB2 is no worse than a person who had EB2 from beginning. 

[Desi Dude]

And it is still based on Preference and Demand.  A person who has ported to EB2 is no worse than a person who had EB2 from beginning. 

 

Theoretically yes, but thats not what happens. Let me explain what happens in the real world. A 2nd grade teacher applied in EB3 coz its not a high skilled job (and actually its not even in high demand, no lack of prospective teachers at that level). After 5 years the same teacher ports her date and gets EB2. Her job and skills are still not high skilled but now she is equivalent to someone who is designing Integrated Circuits at IBM (which is very high skilled and US needs those engineers)

[chakrakr]

Theoretically yes, but thats not what happens. Let me explain what happens in the real world. A 2nd grade teacher applied in EB3 coz its not a high skilled job (and actually its not even in high demand, no lack of prospective teachers at that level). After 5 years the same teacher ports her date and gets EB2. Her job and skills are still not high skilled but now she is equivalent to someone who is designing Integrated Circuits at IBM (which is very high skilled and US needs those engineers)

 

Your concepts are not clear.   EB Category is defined by job requirement.

 

If a 2nd Grade teacher position does not qualify for EB3 today,  what makes you think that it will qualify for EB2 5 years later ?

 

To port,  one need to have a job that requires EB2 qualification  AND the candidate should have it. 

[omshiv]

Great point Desi Dude

[Desi Dude]

Your concepts are not clear.   EB Category is defined by job requirement.

 

If a 2nd Grade teacher position does not qualify for EB3 today,  what makes you think that it will qualify for EB2 5 years later ?

 

To port,  one need to have a job that requires EB2 qualification  AND the candidate should have it. 

 

I personally know couple of teachers who after 5yrs ported to EB2 !!!! Infact one of them is pre-school 'teacher'. You are still living in theoretical world. Reality is very different from the laws on books.

[Shurap1]

I personally know couple of teachers who after 5yrs ported to EB2 !!!! Infact one of them is pre-school 'teacher'. You are still living in theoretical world. Reality is very different from the laws on books.

 

Well there are people who abuse the system in EVERY category....plenty of them are there in EB2 as well...you can't conclude.....BTW how many of EB2 design integrated circuits at IBM?

 

Take a look at spike in EB1 filings....what suddenly in last 2 years people got qualified for EB1? hmmmm.......

[chakrakr]

I personally know couple of teachers who after 5yrs ported to EB2 !!!! Infact one of them is pre-school 'teacher'. You are still living in theoretical world. Reality is very different from the laws on books.

 

And I know a couple of Junior Web Developers who got a Masters from a OneHorseTown University and got GC in EB2  through a Desi Consultant.   So what next ? Stop EB2  ?

 

BTW,  since you are cribbing ,  did you complaint to CIS about this ?  A pre-School job can never have a requirement for EB2 . 

[Desi Dude]

Well there are people who abuse the system in EVERY category....plenty of them are there in EB2 as well...you can't conclude.....BTW how many of EB2 design integrated circuits at IBM?

 

Take a look at spike in EB1 filings....what suddenly in last 2 years people got qualified for EB1? hmmmm.......

 

You are making my point. The category system is not being followed by USCIS itself. EB1s are manipulating the system because USCIS is letting them. Just like USCIS is letting any kind of EB3 to become EB2 by using retrogression.

[Desi Dude]

And I know a couple of Junior Web Developers who got a Masters from a OneHorseTown University and got GC in EB2  through a Desi Consultant.   So what next ? Stop EB2  ?

 

BTW,  since you are cribbing ,  did you complaint to CIS about this ?  A pre-School job can never have a requirement for EB2 . 

 

Again you didn't get the point. What am I supposed to complain about? The pre-school teacher did NOT do anything illegal by applying. The onus was on USCIS to reject it and they didn't. Do you get it now? The USCIS is not following the Demand & Supply logic, they are not caring anymore if 1 American teacher's job is taken by a foreigner.

[chakrakr]

Again you didn't get the point. What am I supposed to complain about? The pre-school teacher did NOT do anything illegal by applying. The onus was on USCIS to reject it and they didn't. Do you get it now? The USCIS is not following the Demand & Supply logic, they are not caring anymore if 1 American teacher's job is taken by a foreigner.

 

You are talking without understanding the law.  The law  is ,  for EB2,  the job position should require Masters or Bachelors + 5 years experience.  IF a pre-school teacher position requires Masters or Bachelors +5,  by all means they deserve EB2  ;   if not ,  you have the ground to complain righ there .   USCIS does not go by some demand and supply logic established by some unknown forum member,  they go by law.     If they are not following the law,  you have every right to complain ,  if they are following the law you have no case.

 

 

If the pre-school teacher did nto do anything illegal what are you complaining about ?  That the law is illogical ?  That might be  YOUR view but that of the law-maker's view   . 

[chakrakr]

You are making my point. The category system is not being followed by USCIS itself. EB1s are manipulating the system because USCIS is letting them. Just like USCIS is letting any kind of EB3 to become EB2 by using retrogression.

 

So your complain is EB1 , EB3 everybody manipulates the system except those who has applied in EB2 ?  Including the junior developer who got GC in EB2 through a desi consultant who showed that the guy works as a senior PM and the position need a Masters ?  What he is doing can be doen by a High School pass here.

 

Oh!  and EB3  porting to EB2  is not because of retrogression.   It is just the law .  USCIS does not make the law,  nor does it decides the Visa Dates.   You have no clue  of the immigration legal system

 

BTW,  what "chip design"  you are doing ?

[Shurap1]

You are making my point. The category system is not being followed by USCIS itself. EB1s are manipulating the system because USCIS is letting them. Just like USCIS is letting any kind of EB3 to become EB2 by using retrogression.

 

This is what I am saying...no point is saying which category has issues....all together support CIR and have betterment for everyone.

[tusharvk]

The preference system is not determining the queue. Indeed employer who wants an employee will ensure that the employee is in a job which fits the preference category with the lowest wait time.

Employee will make sure his\her skills are shaped for the job that requires the lowest wait time.

The queue is indeed a function of the employee initiative and motivation. EB3 is so badly backlogged for india there is bound to be porting to eb2. Filing in EB1is not so simple; so eb2 gets all the pressure.

Filing in eb3 for someone borne in India is difficult; so now everyone must be thinking of either filing in eb2; may be we will see time in the not so distant future when eb2 will lag eb3.