Does priority date matter for I-485 approval ??

R

Rish

New Member
hi all,

I am a long time reader, but posting for the first time.

My question is whether priority dates matter for approvals of I-485. I have received conflicting information about this and I specifically know of a situation where the I-485 was approval even when the priority date was NOT current.

And specifically about my case,
EB3 India
PD -> 5/17/97
RD -> 8/99
ND -> 8/99
FP -> 7/00
RFE -> 9/00 (replied)
The message on the automatic system says "On Sept ... we sent a request for information ... we received the information ... the wait is 365 to 540 days"

When can I expect to have my case approved ????
 
No Title

Mostly Yes. I see only some for some cases got approved even without current. I think that depends on the officer who looks in to it. Most of the officers approve only when it is current but they do other processing like sending RFE before that
 
No Title

Yes, even though there have been a few cases lately where approvals were issued even though the PD was NOT CURRENT. It is assumed that these were approved in error....
 
No Title

I am not sure if PDs really matter that much. I am EB3, PD May\'96, RD/ND Aug\'99, FP 12/2000...nothing happened thereafter
 
No Title

From what I see on this site.

The INS goes by Notice Date and than also looks at the PD. If both of these are current, you should get a RFE or approval soon after completion of finger prints.

Though there have been few instances where people have got their approvals before the PD is current. Also, there are cases where people have both the ND & PD current and yet there was no progress made in their applications ..must be with a IIO, who would be literally sitting on them.

Hope this helps.
 
No Title

Priority Dates matter for I485 only for 2 reasons:

1. You can only apply for I485 if your PD is current.
2. If the PDs became current when you applied but for some wierd reason retrogressed (you know it happenned in 99 right?) and your PD is not current any more then though you have filed your I485, your case may not be approved/processed until your PD becomes current again. This is because INS picks up cases by ND and looks at if PD is current. However, in this case, they may issue RFE even if PD is not current if you ND batch is being processed currently.

hope this helps.

BK
 
You must log in or register to reply here.
Top