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AOS on ND or PD ??
- Thread starter Naren Rao
- Start date
Yong Huang
Registered Users (C)
No Title
AOS is processed based on ND if your PD is earlier than
visa availablity date.
AOS is processed based on ND if your PD is earlier than
visa availablity date.
Govinda Vinod
Registered Users (C)
No Title
Yes. Your application is unlikely to be processed unless & until your PD becomes current once again.
Yes. Your application is unlikely to be processed unless & until your PD becomes current once again.
Lakshman Brahma
Registered Users (C)
No Title
Why would they stop processing if the visa was available. I think PD is more for accepting new applications. We are seeing only those approvals whose PD is current here because of the priority to clear backlogs. If your theory is correct then they would have retrogressed the PDs after sep99. But it was done only in Jun\'00. They have given priority to those who are on the verge of completing 6years.once that is cleared you can see the PD movements surging.
vscwaiter
Why would they stop processing if the visa was available. I think PD is more for accepting new applications. We are seeing only those approvals whose PD is current here because of the priority to clear backlogs. If your theory is correct then they would have retrogressed the PDs after sep99. But it was done only in Jun\'00. They have given priority to those who are on the verge of completing 6years.once that is cleared you can see the PD movements surging.
vscwaiter
Govinda Vinod
Registered Users (C)
No Title
Well, I don\'t really understand what you mean by "visa was available". I also don\'t understand how/why you state that they would have retrogressed the PDs after Sep. 1999. Let me explain what I have understood. The PDs are decided by the Dept. of State depending on the number of visas that we issued (the previous month????) so far in that year. Since I-485 adjuducations were practically NOT TAKING PLACE during almost all of 1999, they made the PDs current - for whatever reason. But the PDs have been pushed back once they started approving a lot of pending I-485s. They may have given a window of opportunity for people completing 6 years on their H-1B to file their I-485, but that reason has not been officially stated. And of course, once you file your I-485, you do not need to maintain your H-1B status, so the 6 year limit does not come into question. But the fact remains that the applicant\'s PD HAS TO BE CURRENT at the time of approving the I-485. If not, it will NOT BE APPROVED.
And regarding future PD movements, I doubt whether we will see huge jumps. Under the current rules, and with the number of H-1Bs entering the country over the past 3 years, the PD movement is only going to worsen, as far as I can see, UNLESS CHANGES ARE MADE TO THE EXISTING RULES.
Well, I don\'t really understand what you mean by "visa was available". I also don\'t understand how/why you state that they would have retrogressed the PDs after Sep. 1999. Let me explain what I have understood. The PDs are decided by the Dept. of State depending on the number of visas that we issued (the previous month????) so far in that year. Since I-485 adjuducations were practically NOT TAKING PLACE during almost all of 1999, they made the PDs current - for whatever reason. But the PDs have been pushed back once they started approving a lot of pending I-485s. They may have given a window of opportunity for people completing 6 years on their H-1B to file their I-485, but that reason has not been officially stated. And of course, once you file your I-485, you do not need to maintain your H-1B status, so the 6 year limit does not come into question. But the fact remains that the applicant\'s PD HAS TO BE CURRENT at the time of approving the I-485. If not, it will NOT BE APPROVED.
And regarding future PD movements, I doubt whether we will see huge jumps. Under the current rules, and with the number of H-1Bs entering the country over the past 3 years, the PD movement is only going to worsen, as far as I can see, UNLESS CHANGES ARE MADE TO THE EXISTING RULES.