Can I-485 Be Approved Without Pd Current ?

D

DesiAmerican

Registered Users (C)
Gurus please throw some light on the subject because I am new and confused by looking at discussions on this board. I understand that for GC or IV the PD needs to be current but for 485 processing INS goes by ND so I think they may be approving 485 but do not give IV untill PD is current. In other words this there may be people In between 485 approved and waiting for IV ?

I will appriciate any and all thoughts in order to understand better.
Thank you
 
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My understanding is ... your case will be processed and adjudicated by the adjudicating officer, if all the papers are alright. However, it won\'t be approved; since approval would necessitate assigning an Immigrant Visa (IV) to you, which is not possible, since an IV is not available for cases whose PD is not before the cutoff (by definition of PD).
 
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AquaLung than I have a question for you. What kind of status or remarks they give for such a case at the time of adjudication?
 
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AquaLung and Hanuman thanks for the reply but do you think in this type of situation they generate RFE and just delay the processing?
 
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I don\'t know what exact status they give such cases, but I would expect something like \'immigrant visa not available\'.

Also, I don\'t think they are issuing RFEs to such cases, just to delay processing. There might be other reasons, such as quality control (an adjudicating officer is expected issue some minimum RFEs to indicate that they are approving/denying cases after due diligence).
 
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I have atleast 3 friends whose PD is NOV 97 EB3 who just got approved. So in Vermont anything can happen. Chances are your case may get approved. Hope this helps.
 
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I am pretty sure this is an exception than a rule. Chances are they were erroneously charged to the eb2 quota. Any idea when they got their approvals? Also, are they from india or some other country?
 
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WellWisher, is it possible for your 3 friends who got approval with PD Nov 97 EB3, to post their details on this board. Or perhaps you could do this on their behalf.

Thanks
 
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They all work for a consulting firm in PittsBurgh. All are from India (EB3). I don\'t know the details of every one of them but this approvals are for Real. One of the 3 Guys is a Recruiter.
 
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Here are the Details of One of the Guys PD Nov 97, RD is 23 SEPT 99. ND 5 OCT 99. FP OCT 00 EB3 INDIA (Case Approved 2 Weeks ago)

Hope this Helps.
 
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here\'s an update on lallisri\'s case from 485 forum at isn.org

Subject: New update on lallisri\'s saga of I-485 denial.
Posted By: lallisri (Level 5 member)
Posted At: 12/27/00 3:25:22 pm
 
Hello all,

Well! I thought I got the BIGGEST gift for christmas. On Dec 22nd when I checked the AVM at CSC, the message said our cases have been approved. I couldn\'t believe my ears. I checked, rechecked to confirm it. The message also said that an approval notice has been sent on Dec 20th. I got the same message for our \'motion to reopen\' petition which was filed because INS denied our I-485 by mistake.

In order to re-confirm this, I went to the Service Center today at Laguna Niguel. After waiting for almost an hour outside under the blazing sun and after an hour of waiting inside.. I talked to an IIO. She was lilttle bit confused when she looked at the history and said that our cases were approved on Dec 20th... BUT the approval was cancelled on the same day. She couldn\'t give more information on why they were cancelled. She said.. she will talk to the office incharge of our files and let me know about it (she took my number and I am keeping my fingers crossed!!)

Few minutes back, my lawyer faxed me the notice sent by INS regarding our \'motion to reopen\' petition. It says,

"On Oct 17, 2000, the Service denied the application due to visa non-availability. On Nov 7, 2000, the applicant contacted the Service claiming the decision was in error. After considering the applicant\'s claim, the Service has determined that reopening of the case is warranted. However, visa availability is not current at this time for the applicant\'s classification. Therefore, the application has been placed in abeyance pending visa availability".

There goes my BIGGEST gift... I could almost touch that. Anyways, we just have to consider ourselves lucky to have our cases reopened and forget that this incident ever happened. Now.. we got plans for our vacation in Jan and our APs (extension) are pending for more than 3 months.. One more hurdle to cross. This whole process is a closed loop full of hurdles.. you jump one and face one more.. Hoping for the best and keeping our fingers crossed.

Take care everybody and have a wonderful and prosperous new year 2001 (with an anticipation of getting our freedom in 2001).

EB3-India-01/98(PD)-12/99(ND/RD)-07/00(FP)-1stEAD/AP-CSC
 
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Processing Standards are different at VSC compared to other service centers. These guys at Vermont even got their passports stamped. So it\'s a Done Deal for them.

Keep your hopes alive.
 
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My details are as follows: PD 04/97, RD 09/99, ND 10/99 and EB3 India. Forget about approval I haven\'t received the FP notices yet. According to a poster here, 3 of his friends (EB3 India too) have got their approvals already with PDs later than me. Either their applications are in a higher category EB2 or EB1, or something is seriously wrong with VSC!! I mean, if this poster is right, their RDs and NDs are exactly the same as mine, 09/23/99 and 10/05/99 for crying out loud!!
 
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Any particular reason why standards are different at VSC? Surely, there are no laws or guidelines which say VSC can approve cases for PD not current while other service centers can\'t.

Funny you should mention "different standards". In a recent chat session organised last week by ilw.com with Ms. Linda Dodd-Major of the office of business Liaison, INS HQ in Washington, DC, she specifically said that different service centers can\'t have "different standards for processing". The transcripts of that session haven\'t been posted yet, but you can verify that whenever it is posted. If you would like to contact Ms. Linda Dodd-Major, her email is office.business.liaison@usdoj.gov.

When VSC has stopped issuing FP notices to all Indian and Chinese nationals, with RD/ND in oct99 thru mar00, simply because the PD has retrogressed for EB3, what are the chances they will approve 485 for PD not current?

Friends, do keep your hopes alive but stay aware of the reality as well.
 
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My details are PD 4/98 RD 9/99 ND 10/07/99 EB2 INDIA. I am one of those unfortunate ones who is trapped in that OCT99 - MAR00 cases. Frustrated, Tired and certainly Annoyed with the way VSC is handling our cases. It has been over 15 Months and no signs of FP. I called the IIO 6 weeks ago and she told me my case will go to an officer in DEC. and I should get my FP in Jan 00. According to her it will be another 2-3 Months after that for approval.

I am upset myself as to why VSC is doing this kind of irregular processing. Approving people when PD is not current(those 3 cases I posted earlier), sending FP when RD is in OCT 2000 while people in 99 are still waiting. There is absolutely nothing you and I can do about it but pray and hope some day we will have our turn.

You have every right not to believe the info I posted regarding my friends if that makes you feel any better. My Dates are very similar to one of the three friends dates RD/ND 09/99 10/99. Except that I am a EB2 still waiting for FP and he is EB3 and he got approved though my PD has been current all along. I didn\'t believe it myself in the beginning but the reality is they did get approved and got stamped. But again 3 cases out of thousands of cases might not be a proper measure to derive the standards of VSC and guess about future possibilities. What is happening at VSC isn\'t any funny it is the reality. I couldn\'t agree more with you that "do keep your hopes alive but stay aware of the reality as well."

Thanks for the email address of Linda I might send her a email myself if I don\'t get my FP in another month or so. I will keep you posted if I hear anything from her. Good luck to all.
 
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Wellwisher, yours is definitely an unfortunate case. I\'m EB2 India PD Jan99, ND Jun00, FP Nov00. This brainless processing by VSC causes unnecesary backlogs, which can be easily avoided.

From your conversation with the IIO, by now your case should already be with an adjudicating officer, since it\'s already end of Dec. Have you talked with an IIO recently to check if it is indeed with an officer?

As far as your friends cases are concerned, I think the people who know the truth are your friends themselves and looking at all those fake posts, one has to factor in the fact that some people do indulge in vicarious pleasures by spreading rumors. Personally, I don\'t think it is a good idea to give people false hopes, especially for something so serious. Although it is not totally impossible for your friends to have got their 485 approved, it is highly improbable. The fact is, as evident from lallisri\'s case, if your friends have indeed got the 485 approved and if INS was to know about it at any point in time, their immigrant visas can be revoked and held in abeyance until their PD is current. Maybe you should let your friends know that, so that they don\'t end up in a soup.

Do contact Ms. Dodd-Major; she did help lallisri in his case and from the chat session, she seemed quite eager to help others as well. Best luck to you and do keep us posted.
 
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I found one more case of EB3 approval and belive me I saw the papers my self. She is friend of my wife living in Edison NJ with details as below

PD 5/6/98
RD 8/99
ND 9/28/99 # EAC 9927376XXX
FP done 7//18/2000
AD DEC 4/2000 Passport Stamped 12/19/2000 in Newark NJ

BTW this is just for FYI any comments Gurus?
 
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Hanuman are you sure it was EB# if it is EB3 than it is good for us please check one more time. Thanks in advance
 
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