Adjudication of Employment Based Applications for Adjustment

B

BGUSA

New Member
April 10, 2006



NSC Flash #41-2006



Adjudication of Employment Based Applications for Adjustment



In conjunction with Backlog Elimination efforts, on April 12, 2006, the Nebraska Service Center (NSC) will begin to process Employment-Based I-485 (EB485) cases for which visas are not currently available. These retrogressed EB485 cases will be processed in a normal fashion with officers reviewing applications for eligibility and processing the cases to the fullest extent possible up to the visa request stage. Officers may be required to issue a request for evidence (RFE) for some cases. Applicants will be expected to respond to the requests for evidence in a timely, accurate and complete fashion (as they normally do) to continue the processing of the case. Applicants that do not meet eligibility criteria, or do not respond to a request for evidence may be subject to a denial of their case. Applicants that meet eligibility criteria will have their cases forwarded to a visa staging area where the cases will be checked monthly for visa availability.





The intention of this "preadjudication" initiative is to prepare eligible cases to the greatest extent possible, short of approval, in anticipation of the availability of a visa. Security checks for these cases will be electronically maintained so it is imperative that applicants respond to both requests for evidence and/or fingerprinting appointments in a timely manner. When an eligible case is identified as having a visa available, the case will then progress through a final phase review and formal visa request to facilitate the final disposition. Please do not conduct inquiries on EB485 cases for which visas have recently become available (within the last 90 days).
 
What does this mean to Retrogression

BGUSA said:
April 10, 2006

Hi

I am not able understand, what this NSC Flash. Does it intend to accept 485 applns even without Visa Nos, (for those cases of LC and I140 approved).

Can you please clarify.

thanks :confused:

NSC Flash #41-2006



Adjudication of Employment Based Applications for Adjustment



In conjunction with Backlog Elimination efforts, on April 12, 2006, the Nebraska Service Center (NSC) will begin to process Employment-Based I-485 (EB485) cases for which visas are not currently available. These retrogressed EB485 cases will be processed in a normal fashion with officers reviewing applications for eligibility and processing the cases to the fullest extent possible up to the visa request stage. Officers may be required to issue a request for evidence (RFE) for some cases. Applicants will be expected to respond to the requests for evidence in a timely, accurate and complete fashion (as they normally do) to continue the processing of the case. Applicants that do not meet eligibility criteria, or do not respond to a request for evidence may be subject to a denial of their case. Applicants that meet eligibility criteria will have their cases forwarded to a visa staging area where the cases will be checked monthly for visa availability.





The intention of this "preadjudication" initiative is to prepare eligible cases to the greatest extent possible, short of approval, in anticipation of the availability of a visa. Security checks for these cases will be electronically maintained so it is imperative that applicants respond to both requests for evidence and/or fingerprinting appointments in a timely manner. When an eligible case is identified as having a visa available, the case will then progress through a final phase review and formal visa request to facilitate the final disposition. Please do not conduct inquiries on EB485 cases for which visas have recently become available (within the last 90 days).
Click to expand...
 

It means they process I-485s even though the PDs are not current.
They make everything ready, and wait for the visa number to be available.
Once your PD becomes current, they will issue GC.
 
What this really means ..

HOPE_GC_SOON,

Lx95 is correct. However this really means that NSC does not have to many cases before the PD cutoff dates to work on. If they had enough cases before the current PD cutoffs would they be working cases that don't have visas available?

All this proves is that this extreme retrogression is totally unjustified at this point. The DOS needs to move the dates into 2002 for EB3s and make the rest of the categories current.

It is only a matter of time before TSC announces a similar plan. They to have nothing to do right now ...

regards,

saras76
 
I thought they were doing that already :-( )

Good Lord. They will start working on this now ?!
Honestly, I thought that's what these folks have been doing. No wonder why even after priority dates get current it takes a long time to get I-485 cases adjudicated.

Funny that my latest inquiry showed that my I-485 fingerprints and security checks were cleared and according to officer it was just waiting visa number availability. PD=04/2002.
 
Then why cannot they issue EAD

Lx95:

thanks for your clarification. Having recived the i485, they would help us if they can issue EAD also. pending visa Nos.

Not sure, whether they do that.. Unfortunately my luck is with VSC. Never know when would they attain this level. Any Clue?? :rolleyes:

Appreciate your reply.

thanks :)



Lx95 said:
It means they process I-485s even though the PDs are not current.
They make everything ready, and wait for the visa number to be available.
Once your PD becomes current, they will issue GC.
Click to expand...
 
HOPE_GC_SOON said:
Lx95:

thanks for your clarification. Having recived the i485, they would help us if they can issue EAD also. pending visa Nos.

Not sure, whether they do that.. Unfortunately my luck is with VSC. Never know when would they attain this level. Any Clue?? :rolleyes:

Appreciate your reply.

thanks :)
Click to expand...

HOPE_GC_SOON,

What is your situation?
You applied for I-485 and immediately the dates went unavailable?
If your PD is not current, then your EAD wont be issued.
Luckily for me, I applied for 485 May 2005 and I got my EAD in 3 weeks time.
But unfortunately the dates went unavailable from July 2005 and and I am stuck with pending 485.

If you are not able to apply for 485 because of retrogression, I am sorry to say that this news flash is no way helpful for you.
Even though they process 485s like us, we are not sure when our dates become current and when we get GC (May be 2 years).
 
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Let's screw

It may also mean they have too much free time and hence brain to start screwing people with unnecessary rfes and keep us busy till visas are available.
 
GaramChai2go said:
It may also mean they have too much free time and hence brain to start screwing people with unnecessary rfes and keep us busy till visas are available.
Click to expand...

Good point
How can each center function on its own?
is that the way it is?

what a crap system!!!

I filed mine (485) in Dec2002 ( PD 07//2002) under Eb3...
but in VSC!!!!
Good knows where it is ?
may be termites are feasting on the documents :confused: :confused:
 
Saras76/All,

When I checked the processing time of 485 for TSC it shows Sep 30th, 2005. Does it mean they have cleared all cases for FY2005? Then they can as well accept 485 applications for FY2006. Can you please share your knowledge on this? Thanks.

saras76 said:
HOPE_GC_SOON,

Lx95 is correct. However this really means that NSC does not have to many cases before the PD cutoff dates to work on. If they had enough cases before the current PD cutoffs would they be working cases that don't have visas available?

All this proves is that this extreme retrogression is totally unjustified at this point. The DOS needs to move the dates into 2002 for EB3s and make the rest of the categories current.

It is only a matter of time before TSC announces a similar plan. They to have nothing to do right now ...

regards,

saras76
Click to expand...
 
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balu_g

balu_g said:
Saras76/All,

When I checked the processing time of 485 for TSC it shows Sep 30th, 2005. Does it mean they have cleared all cases for FY2005? Then they can as well accept 485 applications for FY2006. Can you please share your knowledge on this? Thanks.
Click to expand...

balu_g,

Retrogressed cases (those that do not have visas available) are not counted as back-logged cases. My attorney told me this. So the current processing dates do not take into account the thousands of cases that have been retrogressed.

It is a good way for these centers to show false processing dates. Retrogress all the cases and show of really good processing dates.

regards,

saras76
 
Preadjudication of 485. Help please!

:confused: Hi,

I am from China. My 485 was concurrently filed in December 2004 (lucky me). My priority date is June 2002. I've heard that they've started the preadjudication since many months ago, and many people have already got preapproved. But mine is still sitting there with LUD of April 2006. Does anyone have an idea what could possibly be going on??? I'm really lost in this great fussiness???!!!

Could anyone enlighten me please? Thanks in advance!
 
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