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Jan 2011 Retrogression and Interview date
- Thread starter VisaNutz
- Start date
namecheckvictim
Registered Users (C)
With all the I-485's filed before the end of this month, all F2B's may enjoy the PD of Aug 1st, 2010.
It depends on the date of I-485 filing not the date of the interview, so all the people reading this hurry up and file your I-485 to avoid the major retrogression in F2B if your PD is before Aug 1, 2010.
It depends on the date of I-485 filing not the date of the interview, so all the people reading this hurry up and file your I-485 to avoid the major retrogression in F2B if your PD is before Aug 1, 2010.
TheRealCanadian
Volunteer Moderator
My question is, if an IV applicant has already been scheduled for interview in January, will he be affected by this retrogression if on the day of the interview PD is not current?
Yes, they would be - but I'd be shocked that an interview be scheduled if the PD wasn't going to be current that month.
Yes, they would be - but I'd be shocked that an interview be scheduled if the PD wasn't going to be current that month.
my brother´s pd is in sept 09 which is current as of sep 1, 2010 and will be current through dec 31. he is scheduled for iv interview in the first week of jan 2011 (scheduling was done in nov this year). what happens to his case?
i heard that cp interview is scheduled only after a visa number is assigned to a case. is that true?
my brother´s pd is in sept 09 which is current as of sep 1, 2010 and will be current through dec 31. he is scheduled for iv interview in the first week of jan 2011 (scheduling was done in nov this year). what happens to his case?
i heard that cp interview is scheduled only after a visa number is assigned to a case. is that true?
In a case like that, they'll do the interview and (if approvable) stick it on a shelf and wait for a visa number to become available. In the meantime you keep up the EAD and AP and one day when when you are not paying attention anymore, a greencard will show up in the mail.
Those folks that are caught in the retrogression mess that have not already been scheduled will be kept in limbo at a pre-interview stage of the processing.
TheRealCanadian
Volunteer Moderator
In a case like that, they'll do the interview and (if approvable) stick it on a shelf and wait for a visa number to become available. In the meantime you keep up the EAD and AP and one day when when you are not paying attention anymore, a greencard will show up in the mail.
What EAD or AP? This is a CP case.
What EAD or AP? This is a CP case.
I was confused by someone else's entry that mentioned I-485's.
Jackolantern
Registered Users (C)
my brother´s pd is in sept 09 which is current as of sep 1, 2010 and will be current through dec 31. he is scheduled for iv interview in the first week of jan 2011 (scheduling was done in nov this year). what happens to his case?
i heard that cp interview is scheduled only after a visa number is assigned to a case. is that true?
Yes, for CP interviews they assign the visa number immediately before scheduling the interview. So even if retrogression happens before the interview date, the interview can still happen and the individual can still be granted the visa. If the applicant fails the interview or is denied for another reason, the unused visa number is added back to the available pool.
With all the I-485's filed before the end of this month, all F2B's may enjoy the PD of Aug 1st, 2010.
It depends on the date of I-485 filing not the date of the interview, so all the people reading this hurry up and file your I-485 to avoid the major retrogression in F2B if your PD is before Aug 1, 2010.
So how does this affect someone like me? F2A filed the I485 on Nov 22. and my Priority date is May 2010 which was current on the month of November?..
Jackolantern
Registered Users (C)
So how does this affect someone like me? F2A filed the I485 on Nov 22. and my Priority date is May 2010 which was current on the month of November?..
It means your I-485 will take at least another 2-3 years to get approved, unless there is another big forward jump in the F2A dates like what was happening earlier this year. Meanwhile, you can remain in the US and renew your EAD when necessary.
chinchinchu
New Member
I am an LPR, filled I-130 for my wife. Now NVC has already received the fee, Affidavit of Support, DS-230 everything, in fact as per NVC Automatic Response, my case was completed on Nov 22, 2010.
I am waiting for the interview date from NVC, Hopefully i'll get next week or so. My question is, will the retrogression will affect my case.?
Very Very Confuse, what will happen next.....
I am waiting for the interview date from NVC, Hopefully i'll get next week or so. My question is, will the retrogression will affect my case.?
Very Very Confuse, what will happen next.....
Yes, for CP interviews they assign the visa number immediately before scheduling the interview. So even if retrogression happens before the interview date, the interview can still happen and the individual can still be granted the visa. If the applicant fails the interview or is denied for another reason, the unused visa number is added back to the available pool.
Jack - I WANT TO BELIEVE IT... do you know of any official document that echos what you are saying?
namecheckvictim
Registered Users (C)
I am an LPR, filled I-130 for my wife. Now NVC has already received the fee, Affidavit of Support, DS-230 everything, in fact as per NVC Automatic Response, my case was completed on Nov 22, 2010.
I am waiting for the interview date from NVC, Hopefully i'll get next week or so. My question is, will the retrogression will affect my case.?
Very Very Confuse, what will happen next.....
Sorry to be the bearer of the bad news but you just fell victim of the retrogression by a difference of few weeks, as per BigJoe5 if your interview was already scheduled it would have been different, for right now pray NVC schedules the interview before the end of December using this months PD.
Thanks for hijacking VisaNutz' thread though.....
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Jackolantern
Registered Users (C)
Jack - I WANT TO BELIEVE IT... do you know of any official document that echos what you are saying?
USCIS or DOS published it in 2007, around the time of the visa bulletin fiasco. But I wouldn't know where to find it now.
Jackolantern
Registered Users (C)
I am an LPR, filled I-130 for my wife. Now NVC has already received the fee, Affidavit of Support, DS-230 everything, in fact as per NVC Automatic Response, my case was completed on Nov 22, 2010.
I am waiting for the interview date from NVC, Hopefully i'll get next week or so. My question is, will the retrogression will affect my case.?
If they send an interview notice this month, retrogression won't affect you even if the interview date is after retrogression kicks in.
backintherain
Registered Users (C)
What about in the case of AOS?
In the case of AOS, when do they allocate a visa number? We have a AOS case filed in September 2010 with a PD of June 2009. Interview is in early January.
Yes, for CP interviews they assign the visa number immediately before scheduling the interview. So even if retrogression happens before the interview date, the interview can still happen and the individual can still be granted the visa. If the applicant fails the interview or is denied for another reason, the unused visa number is added back to the available pool.
In the case of AOS, when do they allocate a visa number? We have a AOS case filed in September 2010 with a PD of June 2009. Interview is in early January.
Jackolantern
Registered Users (C)
AOS is different. For AOS, they don't assign the visa number until right before they're ready to approve the case, and if there is an interview it won't be assigned until after the interview. So if you are retrogressed when the interview happens, too bad.
Also, the AOS interview can happen anytime without regard for the visa bulletin. People have been interviewed for AOS even when their priority date retrogressed long ago and is years away from being current. If the interview is successful, they typically get a "preadjudication", meaning the file is unofficially marked for approval, with the intention to officially approve it soon after the PD becomes current.
Also, the AOS interview can happen anytime without regard for the visa bulletin. People have been interviewed for AOS even when their priority date retrogressed long ago and is years away from being current. If the interview is successful, they typically get a "preadjudication", meaning the file is unofficially marked for approval, with the intention to officially approve it soon after the PD becomes current.
backintherain
Registered Users (C)
can i get an earlier AOS interview?
Given the issue of priority date retrogression in January, and since our interview date is scheduled in early January, is there any way to have it pre-poned? Like is there any way to call the local USCIS office and ask if they have an open slot this month that they could squeeze us into?
Given the issue of priority date retrogression in January, and since our interview date is scheduled in early January, is there any way to have it pre-poned? Like is there any way to call the local USCIS office and ask if they have an open slot this month that they could squeeze us into?
Jackolantern
Registered Users (C)
You could make an Infopass appointment and go there to explain the situation and try to get a date this month, but they rarely approve "prepone" requests, and even if the interview is successful it doesn't mean they'll complete all the necessary approval steps before retrogression occurs.
When is your priority date (I presume F2A category)? They might be more sympathetic if you've already been waiting for a couple of years.
When is your priority date (I presume F2A category)? They might be more sympathetic if you've already been waiting for a couple of years.
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