Discussion: EB3 priority dates retrogress - Who is Affected?

[guju]

I have heard and read mixed thoughts about who will be affected when EB3 priority dates retrogress.

Half of them say that it will affect only the new filers of 485 and the other half say that if will affect not only the new filers, but also people who have been waiting for their 485 to be approved.

Now my understanding is that only certain number of visas are issued every year in each category, and these are on first come first serve basis. This visa quota is independant of the service centers, i.e. if there are 100,000 visas, all service centers share them, so if service center A is processing very fast, then they will use up more numbers than service center B who is very slow (NSC for example)

This totally negates the first come first serve basis. My 485 RD is Dec 2002, now I should get a visa number for sure compares to a person whoes 485 RD is Dec 2003. So in 6 months if my case is not approved and priority dates retrogress, I believe my case will still be approved and not held since VSC and CSC are already doing late 2003 cases.

In short what I am saying is that priority dates affect people who are yet to file their 485, they can only file them if dates are current, and once they have been filed, they will get their 485 processed and approved and not held.

I am sure the gov knows that someone with an RD in late 2001 or early 2002 should defenitely get their GC when everything else is cleared since people with RD in late 2003 and also early 2004 are getting their GC.

This is just what I think is right, the gov always screws things up anyways.

What are your thoughts, I would also live solid evidence that points out that retrogressing priority dates also affects people whoes 485 is pending.

 

[TheRealCanadian]

Half of them say that it will affect only the new filers of 485 and the other half say that if will affect not only the new filers, but also people who have been waiting for their 485 to be approved.

A priority date retrogression will affect anyone whose priority date is before the date listed in the visa bulletin for his or her category and country of birth.

So in 6 months if my case is not approved and priority dates retrogress, I believe my case will still be approved and not held since VSC and CSC are already doing late 2003 cases.

What VSC and CSC are doing is irrelevant. If your priority date is before the cutoff, your case will be held. If it is not, it won't.

In short what I am saying is that priority dates affect people who are yet to file their 485, they can only file them if dates are current, and once they have been filed, they will get their 485 processed and approved and not held.

This is incorrect.

I would also live solid evidence that points out that retrogressing priority dates also affects people whoes 485 is pending.

An I-485 cannot be filed unless a visa number is available at the time of filing, which is why a PD retrogression prevents people from filing I-485s. However, a visa number must also be available at the time of ajudication as well, so if the priority dates for your category retrogresses before your PD, your I-485 will gather even more mold on its shelf.