Impact of Retrogression on EB Dependent Cases

[kenai]

Dear Gurus,

My wife and I recently received our Green Cards, three long years after filing my I-140 through the EB-1 category. Now, here's the dilemma...we are still waiting for our baby son's I-485 approval. His I-485 was filed December 2004 and there was an RFE in July 2005 that we responded promptly. So now, we are waiting for the CIS to review and adjudicate his RFE. I am wondering what impact the retrogression in visa dates would have on his case. His country of birth is India. Considering that I received my approval under the EB-1 category, would the EB-1 priority dates be applicable for my son ? The Oct. 1 visa dates suggest that the priority date is August 2002...what a bummer!

I would appreciate hearing from others in this forum.

Thanks

[kenai]

A follow-up question. If the priority dates are indeed applicable for my son, what would his priority date be, considering that he is my dependent ? Would it be the date my I-I40 application was filed (no labor certification b'cos of EB-1), -or- the date his I-485 was filed ? Thanks again!

Originally Posted by kenai

Dear Gurus,

My wife and I recently received our Green Cards, three long years after filing my I-140 through the EB-1 category. Now, here's the dilemma...we are still waiting for our baby son's I-485 approval. His I-485 was filed December 2004 and there was an RFE in July 2005 that we responded promptly. So now, we are waiting for the CIS to review and adjudicate his RFE. I am wondering what impact the retrogression in visa dates would have on his case. His country of birth is India. Considering that I received my approval under the EB-1 category, would the EB-1 priority dates be applicable for my son ? The Oct. 1 visa dates suggest that the priority date is August 2002...what a bummer!

I would appreciate hearing from others in this forum.

Thanks

[rajinca]

Originally Posted by kenai

A follow-up question. If the priority dates are indeed applicable for my son, what would his priority date be, considering that he is my dependent ? Would it be the date my I-I40 application was filed (no labor certification b'cos of EB-1), -or- the date his I-485 was filed ? Thanks again!

He will have same PD as your's.