Does retrogression affect if P3 is sent to NVC but P4 is not received?

[senthil43]

My lawyers have sent my Packet 3 about 3 weeks back to NVC (have not received any acknowledgement for it)

Since my P3 was sent when my the date (EB2) was current but the generation of P4 from the consulate might happen after oct 1st (when my date will no longer be current), will the lastest announcement on retrogression affect me?

Also it seems that once a visa number is assigned to a case then we dont have to worry about retrogression, in case of CP when is this assigned?

Any help would be appreciated

Thanks

[sarawgt1]

i am in a similar situation. i dont think the case will move till the dates become current.

i was just waiting to hear from the consulate about the interview date and receive packet 4. it is extremely unfortunate that the retrogression happened right now.

another thing, i guess, is that with consular processing, you cannot even change employers or get employment authorization (unlike adjustment of status).

[GS28]

Hey y'all: I could be wrong, but in most cases I think the visa number is assigned by the consulate just prior to scheduling the interview.

Best wishes.

[sarawgt1]

hi again:

i spoke to my attorney and she suggested that i should try to get in my I-485 application to the uscis before october 1. this will provide the benefits of EAD and AC-21 to me and my spouse. so we dont have to worry about changing jobs or extending h-1; but we will still have to wait for the dates to be current to get approval.

is anyone else going for this route? this process will ofcourse turn out to be very expensive if one is going with an attorney - they will treat it as a new application.

looking forward to hearing from those who are in similar situations - with eb2 packet 3 approved, case sent to consulate and waiting for an interview date.

thanks in advance.

[nyc1999]

I'm in the same situation, So I did some research

The way I understand it works is that the consular officer requests a visa number for a documentary correct application.
The NVC would check all the documents are there and then send the application to the consulate.
the consulate would then send a list of requested visas in priority date to NVC and the retrogression date is the earliest priority date that can't be issued a visa number.

our only hope is that NVC only issues Packet 3's to applicant's that are current so we're in the system already and may by some luck get interview dates......

I also called the NVC and the lady seemed to think that they would schedule an interview

here the NVC's manual, let me know what you think...


http://www.foia.state.gov/REGS/fams....=2&id=10&fam=0

My lawyers have sent my Packet 3 about 3 weeks back to NVC (have not received any acknowledgement for it)

Since my P3 was sent when my the date (EB2) was current but the generation of P4 from the consulate might happen after oct 1st (when my date will no longer be current), will the lastest announcement on retrogression affect me?

Also it seems that once a visa number is assigned to a case then we dont have to worry about retrogression, in case of CP when is this assigned?

Any help would be appreciated

Thanks

[rs76]

Last year around the same time we beat this topic to death about when the Visa number will be issued as we were stuck on the EB3 Retro.
does not matter when the visa number is assigned , if the PD is not current
the consulate WILL NOT schedule your CP interview
I was one of those unlucky ones last year in the Dec 04 and Jan 05 time frame. Got unlucky and spilled over in Jan 05 schedule and guess what Jan 05 interview list did not have my name as my PD was not current.
Consulate received my case on Oct 14th 2004.
/RS

[sarawgt1]

hi all:

i am in a strange situation now....... i received an email from mumbai consulate just last night informing me that my interview date has been scheduled for october 25, 2005.

just when i was rejoicing, i found out from my attorney that although the consulate may have called for an interview, the date is after october 1, 2005. so i will NOT get an approval till my priority date becomes current (december 2002, eb2) and will have to come back on H1.... and will later have to travel back to get the approval when the priority date is current. is anyone else in a similar boat?

i would like to get some thoughts and suggestions on this. thanks.

[puhrince]

so who among all of you is right? is what nyc1999 true? i mean can one whose PD id not current, still go and file for his CP? will the papers keep getting moved and processed until it reaches the consulate..and then he/she has to just wait for the date to get current,after which it takes a month to get an interview date..am i on the right track?

[jambalakadi1]

rs76 and GS28 are absolutely correct. If no PD there will not be any CP interview. even if you got CP interview call from consulate for next month, they will cancel it and will let you know in in few days.

[vchidamb]

Hi, I was provided similar advice. I had my I 140 approved and had requested CP. At this point with the retrogression, I've switched to filing the I 485.

hi again:

i spoke to my attorney and she suggested that i should try to get in my I-485 application to the uscis before october 1. this will provide the benefits of EAD and AC-21 to me and my spouse. so we dont have to worry about changing jobs or extending h-1; but we will still have to wait for the dates to be current to get approval.

is anyone else going for this route? this process will ofcourse turn out to be very expensive if one is going with an attorney - they will treat it as a new application.

looking forward to hearing from those who are in similar situations - with eb2 packet 3 approved, case sent to consulate and waiting for an interview date.

thanks in advance.

[FerozeGandhi]

i understand that one won't get the interview call - but my question is can one at least start the CP process? I mean file the papers and all that until it reaches the consulate? my friend mentioned it takes a month to get an interview after that

rs76 and GS28 are absolutely correct. If no PD there will not be any CP interview. even if you got CP interview call from consulate for next month, they will cancel it and will let you know in in few days.

[puhrince]

vchidamb..why did you switch to I-485 ? I thought it would be the other way!
and I had the same q as Feroze..i want to know if I can file the CP papers now instead of just waiting to file for I-485

Hi, I was provided similar advice. I had my I 140 approved and had requested CP. At this point with the retrogression, I've switched to filing the I 485.

[GS28]

i understand that one won't get the interview call - but my question is can one at least start the CP process? I mean file the papers and all that until it reaches the consulate? my friend mentioned it takes a month to get an interview after that

Yep, one can certianly start the CP process by requesting that the USCIS send the approved file to the NVC. The NVC will do preliminary processing, I think. At what point they hold the file, I'm not certain. I've read that the NVC won't process it at all until the PD is current; others seem to think it might get to the Consulate and sit there. An attorney would be the best person to clarify this.

It takes a month or so to get an interview in most cases I've seen on here (which are overwhelmingly in India, in Mumbai, Chennai and Delhi, in that order. I'm not aware of a single Kolkatta case mentioned in this forum), IF one's Priority Date is current. For Indian citizens, right now, that's a huge, big IF!

Best wishes,

[senthil43]

My attorney's office also suggested me to file for I 485 before oct 1st.

It seems the consulate (even if they had received paper work) will schedule an appointment only when PD is current

(I was also told that once you file for 485, CP will automatically be cancelled)

hi again:

i spoke to my attorney and she suggested that i should try to get in my I-485 application to the uscis before october 1. this will provide the benefits of EAD and AC-21 to me and my spouse. so we dont have to worry about changing jobs or extending h-1; but we will still have to wait for the dates to be current to get approval.

is anyone else going for this route? this process will ofcourse turn out to be very expensive if one is going with an attorney - they will treat it as a new application.

looking forward to hearing from those who are in similar situations - with eb2 packet 3 approved, case sent to consulate and waiting for an interview date.

thanks in advance.

[senthil43]

I would strongly suggest that you call/email NVC and Mumbai Consulate describing your suituation and questions you have, Consulate is usually very prompt in replying to questions.

All the best!!

hi all:

i am in a strange situation now....... i received an email from mumbai consulate just last night informing me that my interview date has been scheduled for october 25, 2005.

just when i was rejoicing, i found out from my attorney that although the consulate may have called for an interview, the date is after october 1, 2005. so i will NOT get an approval till my priority date becomes current (december 2002, eb2) and will have to come back on H1.... and will later have to travel back to get the approval when the priority date is current. is anyone else in a similar boat?

i would like to get some thoughts and suggestions on this. thanks.

[sarawgt1]

thanks senthil43! we did call up the embassy and we found out that our interview is for real. this is because my husband was born in mauritius - so we may get a visa under cross-chargeability if our interview is successful.

we are keeping our fingers crossed.....

[senthil43]

thanks senthil43! we did call up the embassy and we found out that our interview is for real. this is because my husband was born in mauritius - so we may get a visa under cross-chargeability if our interview is successful.

we are keeping our fingers crossed.....

Thats great news!! Hope everything goes well and you get your GC soon

[puhrince]

i read this from immihelp.com:

" If the petition is inactive (oversubscibed categories with non current priority dates), NVC will wait until it becomes active before proceeding. Then, NVC will send the ACL letter to the applicant."

and then my lawyer wrote this:

"CP cases sit like adjustment cases and are not "worked" unless it looks
like they can be decided in a reasonable period of time. If a PD looks
like it might become current within a few months, the case is worked by
NVC and potentially transferred to the consulate for scheduling. "

So these are things to ponder about..now guys,how much time will I actually save by opting for CP in the scenario that NVC receives my case and dosen't act on it? I am wondering should I stick to AOS instead?

Yep, one can certianly start the CP process by requesting that the USCIS send the approved file to the NVC. The NVC will do preliminary processing, I think. At what point they hold the file, I'm not certain. I've read that the NVC won't process it at all until the PD is current; others seem to think it might get to the Consulate and sit there. An attorney would be the best person to clarify this.

It takes a month or so to get an interview in most cases I've seen on here (which are overwhelmingly in India, in Mumbai, Chennai and Delhi, in that order. I'm not aware of a single Kolkatta case mentioned in this forum), IF one's Priority Date is current. For Indian citizens, right now, that's a huge, big IF!

Best wishes,

[nishokie]

what your lawyer and immihelp.com says is partially true. my PD is nowhere close being current but still after my 140 approval, NVC worked on my case and forwarded the file to the US consulate. my home consulate in bombay and i know this process is true for all indian consulates.

however, there are cases for some countries, where the NVC will hold the file in new hampshire and not forward the file to the US consulate till the PD becomes current.

i read this from immihelp.com:

" If the petition is inactive (oversubscibed categories with non current priority dates), NVC will wait until it becomes active before proceeding. Then, NVC will send the ACL letter to the applicant."

and then my lawyer wrote this:

"CP cases sit like adjustment cases and are not "worked" unless it looks
like they can be decided in a reasonable period of time. If a PD looks
like it might become current within a few months, the case is worked by
NVC and potentially transferred to the consulate for scheduling. "

So these are things to ponder about..now guys,how much time will I actually save by opting for CP in the scenario that NVC receives my case and dosen't act on it? I am wondering should I stick to AOS instead?

[puhrince]

shouldn't it be the other way that Indian cases be held back,in this era of retrogression? when did you get your I-140 approval? was it before the retrogression started?

what your lawyer and immihelp.com says is partially true. my PD is nowhere close being current but still after my 140 approval, NVC worked on my case and forwarded the file to the US consulate. my home consulate in bombay and i know this process is true for all indian consulates.

however, there are cases for some countries, where the NVC will hold the file in new hampshire and not forward the file to the US consulate till the PD becomes current.

[puhrince]

Ok my lawyer got back to me again regd. why there could be a discrepancy on which cases move to the consulate:

"If the NVC has completed a case or it was 'in transit,' my understanding is that they will complete what has been done and then send it to the consulate if the PD has a reasonable chance of becoming current. If they have not started a case, my understanding is that they wait to initiate
processing."

[averma]

The best solution is to write email to Consulate and ask them. They DO reply to email queries. I guess you should be ok as consulate knew well in advance that priority dates are going back and they must have thought of it ( I mean must have a procedure for these situations).

Good Luck.

[puhrince]

thats a good idea - is there a particular email id that you write to about the CP case or do i just email the regular consulate email id which is provided on the website

The best solution is to write email to Consulate and ask them. They DO reply to email queries. I guess you should be ok as consulate knew well in advance that priority dates are going back and they must have thought of it ( I mean must have a procedure for these situations).

Good Luck.

[averma]

thats a good idea - is there a particular email id that you write to about the CP case or do i just email the regular consulate email id which is provided on the website

For Mumbai consulate it is MUMBAIIV@state.gov . For other consulates please check on the web site.

[v_srinivasrao]

hi,
i have opted for I-140 for CP , and my case was sent to mumbai consulate for final intervew as soon as assigning the visa number. so far i did't hear anything from consulate regarding Packet-4 or interview due to retrogression. my priority date is : june 2001. i have one question .
1. my company situation in india is bad. so i have leave the company or will be forced to leave any time . what can i do at this stage ?

2. can i go u.s.a on H1b and can apply for visa transfer to another employer ? will it effect my GC process at this stage ?

3. can change employer have similar kind of job title & work in india ?

please advice me .

thanks

[renad05]

All you guys are correct. I'm one of the unlucky or rather most unlucky. EB-1 was approved by NVC, interview was scheduled by US consulate on 27 September and consular approved GC with one most frustrating hiccup - name got hit. Name check clearance required which could not come in 3 days and and fell into retrogression. The consulate got the visa numbers but they cant issue me visa after my name check clearance comes back (4-8 weeks) untill PD (April 05) becomes current, God knows how many years? I was told by the US consular that when my PD becomes current, they will issue visas without any further interview or documentation.

Any one is aware about recent SJC bill? Is there any relief for cases like us? Please update with your recent information. At least emotionally it can be of some help if not practically. " Dil ko bahlanee ka Ghalib khayal acchaa hai"

You guys are at least in US but I'm outside and got the job. My employer wanted me on H-1 but I insisted for GC and the same GC has become a dream due retro? Who knows how many years it may take for 2005 to become current and not sure my employer will wait till that time.

Ek umr chahiyey aah ko asar honey tak!
Kaun jeeta hai tere zulf key sar honey tak!!

Guys, ignore part or whole if you dont like my message

[gca2405]

Hi All

I want to check something based on above post.

I went for interview with my wife to Mumbai consulate on 22 Sept

I got my VISA and came back to USA on 2-OCT and this week I recd my Card also.

But my wife's procees was stuck because of finger priting which they did on 22-SEP . We got notification from Mumbai consulate that they recd the results of finger priting from USA and asked her to come on Any working day at 7:30 in morning. My wife is in India and She is planning to go to Mumbai consulate in 1st week of Nov.

Can she be put on hold for GC ... ?

-- Thanks

[rkrishna22]

All you guys are correct. I'm one of the unlucky or rather most unlucky. EB-1 was approved by NVC, interview was scheduled by US consulate on 27 September and consular approved GC with one most frustrating hiccup - name got hit. Name check clearance required which could not come in 3 days and and fell into retrogression. The consulate got the visa numbers but they cant issue me visa after my name check clearance comes back (4-8 weeks) untill PD (April 05) becomes current, God knows how many years? I was told by the US consular that when my PD becomes current, they will issue visas without any further interview or documentation.

Any one is aware about recent SJC bill? Is there any relief for cases like us? Please update with your recent information. At least emotionally it can be of some help if not practically. " Dil ko bahlanee ka Ghalib khayal acchaa hai"

You guys are at least in US but I'm outside and got the job. My employer wanted me on H-1 but I insisted for GC and the same GC has become a dream due retro? Who knows how many years it may take for 2005 to become current and not sure my employer will wait till that time.

Ek umr chahiyey aah ko asar honey tak!
Kaun jeeta hai tere zulf key sar honey tak!!

Guys, ignore part or whole if you dont like my message

I used to think I was the most unlucky, but you beat me thumbs down. But, don't worry things will have to improve. May be another one or two quarters. All the number statistics USCIS is basing their priority dates on would crumble and the numbers would move.

Best of Luck!! I missed the interview in three days for September 05 and I am stuck, I don't know, for how long!!

[v_srinivasrao]

Hi,

Now, I am in india working for some company "A" and opted for I-140 for consular processing .

I am just waiting to hear from the consulate about the interview date and to receive packet 4. it is extremely unfortunate that the retrogression happened right now.

My priority date is May ,2001 which is going to take bit long time to become current .

Now my employer situation is very bad and may ask anytime to leave in the next 2 or 3 months. i have the 2 questions below , please advice if anybody has idea..

1. Can i change the employer in india at this stage having similar kind of job & description in my new job since i have applied for consular process ?

2. can i go on H1B visa to u.s.a and applying for H1b transfer without effecting my GC process ?


Any help would be appreciated

Thanks

[BK23]

Hi All

I want to check something based on above post.

I went for interview with my wife to Mumbai consulate on 22 Sept

I got my VISA and came back to USA on 2-OCT and this week I recd my Card also.

But my wife's procees was stuck because of finger priting which they did on 22-SEP . We got notification from Mumbai consulate that they recd the results of finger priting from USA and asked her to come on Any working day at 7:30 in morning. My wife is in India and She is planning to go to Mumbai consulate in 1st week of Nov.

Can she be put on hold for GC ... ?

-- Thanks

No idea. But please update the forum when your wife visits the consulate.