485 based processing date

T

tomohawk

Registered Users (C)
I just got my 140, my labor EB3 PD is sep 2002 485 RD is aug 2004.
How does nsc process based on PD or 485 RD. Can any body please estimate when 485 would be processed.

Best Regards
 
So are there 2 separate queues ?? One based on PD and then another checkpoint based on Rd/ND of 485 ??

Or have they possibly removed the RD/ND queue (when PDs were current) and just process based on PD now ??

Ideas ?!?
 
If you are from a retrogressed country they will process by your priority date. You can not file the I-485 or if previously filed, they will not process it until your priority date is met. So your priority is Sept 2002. The Priority now sits at June 2002, so it will take a bit. For everyone else they look at receive date. I know they say they are working on Jan 2003 and before that but I know and many others know that in itself is not quite correct. How? Mine receive date is December 2003 and I have been approved and so has my spouse.
So go figure.
 
grunggy said:
If you are from a retrogressed country they will process by your priority date. You can not file the I-485 or if previously filed, they will not process it until your priority date is met. So your priority is Sept 2002. The Priority now sits at June 2002, so it will take a bit. For everyone else they look at receive date. I know they say they are working on Jan 2003 and before that but I know and many others know that in itself is not quite correct. How? Mine receive date is December 2003 and I have been approved and so has my spouse.
So go figure.
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grunggy

So let me understand you correctly .... if you are effected by retrogression, you think its only done by PD ?
So lets say I have a PD of Apr 2002 (which is current now) and a RD/ND of say late 2004 (Sep 2004)
(Some random example dates ... basically a fairly old PD and a fairly recent RD/ND - - that's the case am illustrating here)

My case would still get picked up now that the PD is current ??

That's interesting news then :)
 
I read somewhere that the order that they follow would be PD, RD i.e., once the PD becomes current, then the I-485 application is eligible to be adjudicated. Then it will be based on RD which makes sense to me.
 
boinepav said:
I read somewhere that the order that they follow would be PD, RD i.e., once the PD becomes current, then the I-485 application is eligible to be adjudicated. Then it will be based on RD which makes sense to me.
Click to expand...

I agree with this and thats the way it should be.

Now lets take an example. Lets suppose NSC is processing ND 01/15/2003. Lets write a program fior this..

Officer picks up a file where ND <= 01/15/2003

If person is from retrogress country and EB3 then
...check PD
......If PD is < 06/01/2002 then process file
........else put file back in shelf
.......end
else (person not from retrogress country)
...Process file
end


So from above 2 things are clear. First is your PD must be past the published PD IF you are from retrogressed country and EB3. It does not matter if your PD is 01/01/1990 or 05/30/2002, as long as it is before the published PD. Second is your ND must be less than the published ND. Although the second assumption is a bit useless because we are not sure which dates they are processing.
 
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How can you justify ND 2004 Approvals!

sertra2002 said:
I agree with this and thats the way it should be.

Now lets take an example. Lets suppose NSC is processing ND 01/15/2003. Lets write a program fior this..

Officer picks up a file where ND <= 01/15/2003

If person is from retrogress country and EB3 then
...check PD
......If PD is < 06/01/2002 then process file
........else put file back in shelf
.......end
else (person not from retrogress country)
...Process file
end


So from above 2 things are clear. First is your PD must be past the published PD IF you are from retrogressed country and EB3. It does not matter if your PD is 01/01/1990 or 05/30/2002, as long as it is before the published PD. Second is your ND must be less than the published ND. Although the second assumption is a bit useless because we are not sure which dates they are processing.
Click to expand...

Your math is good, but based what they are approving 2004 filed cases. If you check out immigrationwatch.com we can find many 2004 approvals .
 
J2k4 said:
Your math is good, but based what they are approving 2004 filed cases. If you check out immigrationwatch.com we can find many 2004 approvals .
Click to expand...

Yes, thats why I said "the second assumption is a bit useless because we are not sure which dates they are processing."
 
How much priority date is going to be help

My labor was 2001 march. My LC was filed on EB3. My 140 was approved 30-Dec-2004. My company told me that they will not file concurrent process. I filed 485 last month. I got AP and MY EAD is pending. Because (EAD) I got query they want color copy of my passport.
How much priority date is going to be help in my case? Processing center is TEXAS.
 
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Does it mean that PD will not be applicable for EB2 applicants and that retrogression does not affect them ? Thanks
 
EB3Mar2001 said:
My labor was 2001 march. My LC was filed on EB3. My 140 was approved 30-Dec-2004. My company told me that they will not file concurrent process. I filed 485 last month. I got AP and MY EAD is pending. Because (EAD) I got query they want color copy of my passport.
How much priority date is going to be help in my case? Processing center is TEXAS.
Click to expand...

If you are from a retrogressed country a lot. WHy? Because you could not have even filed the I-485 if your priority date was not current. Your priority is current. This means they can process your I-485. And is also why you are allowed to apply for an EAD and AP.
 
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