quail said:If PD moves back to Jan 01, 2002, what about the processing dates published by USCIS, where we see NSC at May 31, 2002, does that still work?
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The processing dates published by USCIS still works. The priority dates is (released by State dept) different from USCIS processing times. The criteria for assigning the files to officers is in this order.
1.Priority date
2. ND
For example, my PD is Feb 02, and maybe after two months it becomes current, can I call NSC to ask or they are processing my case? What if they again use excuse that they are still processing I485 with RD/ND of May 2002? but mine is June 03.
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They will say that based on the above criteria for selection of files for processing. I think itis fair if they follow FIFO. I hope everybody gets their fair share in this journey.
What a big mess USCIS has created!!! This organization is a complete failure, and biggest joke. They dont follow their rule, and whenever it accumulate to huge problem, they change rule. So disappointed.
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This is nothing new. Its just that coz of AC-21 law lot of unused numbers for previous years (1999 - 2000) were made to rollover as there was no rollover possibility by law before that. Before AC-21 law lot of people had to leave the country who had even their I-140s cleared just because their priority date was not current. We are atleast lucky enough to file 485 or 7th yr H1 and stay in this country.
PD 02/18/2002
I140/I485 RD:06/26/03 ND:06/30/03
I140 AD: 10/14/03
I485 AD: ?????????
arvnet said:http://www.lawyers.com/lawyers/A~1001909~LDS/IMNIGRANT+VISA.html
Q: What is a “priority date”?
A: The priority date, in the case of a relative immigrant visa petition, is the date the petition was filed. In the case of an employer-sponsored petition, the priority date is the date the labor certification was filed with the Department of Labor. The Visa Bulletin -- under the Visa Services homepage -- gives the changes in availability of priority dates.
[B]Does this mean that PD is NOT the date of i140 filing date, but the day ETA750 was filed?[/B]
Please suggest.
Arvnet
arvnet said:http://www.lawyers.com/lawyers/A~1001909~LDS/IMNIGRANT+VISA.html
Q: What is a “priority date”?
A: The priority date, in the case of a relative immigrant visa petition, is the date the petition was filed. In the case of an employer-sponsored petition, the priority date is the date the labor certification was filed with the Department of Labor. The Visa Bulletin -- under the Visa Services homepage -- gives the changes in availability of priority dates.
[B]Does this mean that PD is NOT the date of i140 filing date, but the day ETA750 was filed?[/B]
For the purpose of I-485 Employment cases, the priority date is the LC filing date with SESA (state agency) if I140/I485 applicant is the direct beneficiary of LC. If the I140/I485 beneficiary's LC is not required for I-140 benefit sought (example EB NIW)then his/her PD is RD of I-140. Based on this the alien beneficiary's PD gets officially assigned after the I-140 is approved. You can see the PD in your I-140 approval notice to the right of the -140 receipt date column. Also, Priority date (PD) is always alien based and hence if you got your labor approved from a different company or same company and never used it for I-485 upon I-140 approval, you can always request that older PD be considered for your new substitution o(or direct labor) of different company, provided certain conditions are met.
As a thumb rule, Priority Date is the Date when YOU (YOU- emphasized) officially start the GC journey (LC filing date) and is assigned when I-140 is approved. period.
The employment category (EB1, EB2, EB3,..) does not come into play for assigning of PD . But for filing and approving I-485 the PD and EB category comes into play.
Please suggest.
Arvnet
sunks said:My understnading is that till the time your I140 is not approved, PD is your I140 ND or RD. Once it is approved, it is your labor filing date.
quail said:If PD moves back to Jan 01, 2002, what about the processing dates published by USCIS, where we see NSC at May 31, 2002, does that still work?
For example, my PD is Feb 02, and maybe after two months it becomes current, can I call NSC to ask or they are processing my case? What if they again use excuse that they are still processing I485 with RD/ND of May 2002? but mine is June 03.
What a big mess USCIS has created!!! This organization is a complete failure, and biggest joke. They dont follow their rule, and whenever it accumulate to huge problem, they change rule. So disappointed.
PD 02/18/2002
I140/I485 RD:06/26/03 ND:06/30/03
I140 AD: 10/14/03
I485 AD: ?????????
mastmastana said:Hi Gurus,
Does any body have any idea (if someone has taken lawyer's opinion) as to when a person with PD JAN-04 expect his 485 case to be processed.
Labor Filed : 20 Jan-04
Labor Approved : Jul-04
140/485/EAD : Oct-04
My guess is probably 1.5 years from now.
Thanks Guys
MM