365-540 days or 5400 days

[hiten g]

Hello everybody,
I have been following this forum for the last 1 month or so. During that time I have not seen a single EB3-India case with priority dates after Feb 98 getting approved. While there have been approvals for countries other than India, but as far as EB3-India with PD after Feb 1998 is concerned there is zero-zilch-nada-sipher-shunya approvals.
I may have missed some. Have you seen any so far?

This could be for any of the following reasons:
- Currently Aug-Sep-Oct 99 RD cases are being worked upon. So, is it possible that many people who had PD of 1998 did not file their 485s at that time(since they did not get 140\'s approved/were lazy etc.)? If this is true, then we should be seeing such approvals very shortly in 2-3 months time.
- There is a huge backlog of 96-97 RDs.

Also, the priority dates are racing towards becoming current. Does that have any impact whatsoever on currently filed 485 cases?

Continuing on the previous thought, if we have not seen a single EB3 approval after Feb 1998, when the priority date becomes current, should we continue with 485 or try consular processing if possible?

I find the ways of INS very very strange. It needs a tehelka.com kind of investigation into its affairs. Atleast, in america some action will be taken against the culprits.

thanks,
Hiten (PD-Aug 1998, RD-Jan 2000, FP-Mar 2001)

 

[Govinda Vinod]

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There were no approvals for EB-3 India for PD after Feb 1998 because the PD is NOT current. Only applications with current PDs will be approved....

 

[hiten g]

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Thanks for the response Govinda Vinod. So, what u are telling me is that if my priority date is not current, they will not look into my case. When I filed my 485, the priority date was current. But, now it is not current. So, the limit 365-540 days is just an eye-wash?

Any more opinions or posts will be appreciated.
Thanks,
Hiten

 

[Govinda Vinod]

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It is not eye-wash in general, even though I personally am feeling the pinch too, since it have been almost 600 days for me, and my PD has always been current since I applied. However most of the cases where PD is current are being approved within 540 days (my case is one of the fewer exceptions). But the fact remains that for your application to be approved, your PD HAS TO BE CURRENT. The 365-540 day norm applies ONLY TO CASES where PD is current....