Does retrogression affect if P3 is sent to NVC but P4 is not received?

S

senthil43

Registered Users (C)
My lawyers have sent my Packet 3 about 3 weeks back to NVC (have not received any acknowledgement for it)

Since my P3 was sent when my the date (EB2) was current but the generation of P4 from the consulate might happen after oct 1st (when my date will no longer be current), will the lastest announcement on retrogression affect me?

Also it seems that once a visa number is assigned to a case then we dont have to worry about retrogression, in case of CP when is this assigned?

Any help would be appreciated

Thanks
 
i am in a similar situation. i dont think the case will move till the dates become current.

i was just waiting to hear from the consulate about the interview date and receive packet 4. it is extremely unfortunate that the retrogression happened right now.

another thing, i guess, is that with consular processing, you cannot even change employers or get employment authorization (unlike adjustment of status).
 
Hey y'all: I could be wrong, but in most cases I think the visa number is assigned by the consulate just prior to scheduling the interview.

Best wishes.
 
hi again:

i spoke to my attorney and she suggested that i should try to get in my I-485 application to the uscis before october 1. this will provide the benefits of EAD and AC-21 to me and my spouse. so we dont have to worry about changing jobs or extending h-1; but we will still have to wait for the dates to be current to get approval.

is anyone else going for this route? this process will ofcourse turn out to be very expensive if one is going with an attorney - they will treat it as a new application.

looking forward to hearing from those who are in similar situations - with eb2 packet 3 approved, case sent to consulate and waiting for an interview date.

thanks in advance.
 
I'm in the same situation, So I did some research

The way I understand it works is that the consular officer requests a visa number for a documentary correct application.
The NVC would check all the documents are there and then send the application to the consulate.
the consulate would then send a list of requested visas in priority date to NVC and the retrogression date is the earliest priority date that can't be issued a visa number.

our only hope is that NVC only issues Packet 3's to applicant's that are current so we're in the system already and may by some luck get interview dates......

I also called the NVC and the lady seemed to think that they would schedule an interview

here the NVC's manual, let me know what you think...


http://www.foia.state.gov/REGS/fams.asp?level=2&id=10&fam=0


senthil43 said:
My lawyers have sent my Packet 3 about 3 weeks back to NVC (have not received any acknowledgement for it)

Since my P3 was sent when my the date (EB2) was current but the generation of P4 from the consulate might happen after oct 1st (when my date will no longer be current), will the lastest announcement on retrogression affect me?

Also it seems that once a visa number is assigned to a case then we dont have to worry about retrogression, in case of CP when is this assigned?

Any help would be appreciated

Thanks
Click to expand...
 
Interviews wont be scheduled if your PD is not current

Last year around the same time we beat this topic to death about when the Visa number will be issued as we were stuck on the EB3 Retro.
does not matter when the visa number is assigned , if the PD is not current
the consulate WILL NOT schedule your CP interview
I was one of those unlucky ones last year in the Dec 04 and Jan 05 time frame. Got unlucky and spilled over in Jan 05 schedule and guess what Jan 05 interview list did not have my name as my PD was not current.
Consulate received my case on Oct 14th 2004.
/RS
 
hi all:

i am in a strange situation now....... i received an email from mumbai consulate just last night informing me that my interview date has been scheduled for october 25, 2005.

just when i was rejoicing, i found out from my attorney that although the consulate may have called for an interview, the date is after october 1, 2005. so i will NOT get an approval till my priority date becomes current (december 2002, eb2) and will have to come back on H1.... and will later have to travel back to get the approval when the priority date is current. is anyone else in a similar boat?

i would like to get some thoughts and suggestions on this. thanks.
 
so who among all of you is right? is what nyc1999 true? i mean can one whose PD id not current, still go and file for his CP? will the papers keep getting moved and processed until it reaches the consulate..and then he/she has to just wait for the date to get current,after which it takes a month to get an interview date..am i on the right track?
 
rs76 and GS28 are absolutely correct. If no PD there will not be any CP interview. even if you got CP interview call from consulate for next month, they will cancel it and will let you know in in few days.
 
Hi, I was provided similar advice. I had my I 140 approved and had requested CP. At this point with the retrogression, I've switched to filing the I 485.

sarawgt1 said:
hi again:

i spoke to my attorney and she suggested that i should try to get in my I-485 application to the uscis before october 1. this will provide the benefits of EAD and AC-21 to me and my spouse. so we dont have to worry about changing jobs or extending h-1; but we will still have to wait for the dates to be current to get approval.

is anyone else going for this route? this process will ofcourse turn out to be very expensive if one is going with an attorney - they will treat it as a new application.

looking forward to hearing from those who are in similar situations - with eb2 packet 3 approved, case sent to consulate and waiting for an interview date.

thanks in advance.
Click to expand...
 
i understand that one won't get the interview call - but my question is can one at least start the CP process? I mean file the papers and all that until it reaches the consulate? my friend mentioned it takes a month to get an interview after that

jambalakadi1 said:
rs76 and GS28 are absolutely correct. If no PD there will not be any CP interview. even if you got CP interview call from consulate for next month, they will cancel it and will let you know in in few days.
Click to expand...
 
vchidamb..why did you switch to I-485 ? I thought it would be the other way!
and I had the same q as Feroze..i want to know if I can file the CP papers now instead of just waiting to file for I-485

vchidamb said:
Hi, I was provided similar advice. I had my I 140 approved and had requested CP. At this point with the retrogression, I've switched to filing the I 485.
Click to expand...
 
FerozeGandhi said:
i understand that one won't get the interview call - but my question is can one at least start the CP process? I mean file the papers and all that until it reaches the consulate? my friend mentioned it takes a month to get an interview after that
Click to expand...

Yep, one can certianly start the CP process by requesting that the USCIS send the approved file to the NVC. The NVC will do preliminary processing, I think. At what point they hold the file, I'm not certain. I've read that the NVC won't process it at all until the PD is current; others seem to think it might get to the Consulate and sit there. An attorney would be the best person to clarify this.

It takes a month or so to get an interview in most cases I've seen on here (which are overwhelmingly in India, in Mumbai, Chennai and Delhi, in that order. I'm not aware of a single Kolkatta case mentioned in this forum), IF one's Priority Date is current. For Indian citizens, right now, that's a huge, big IF!

Best wishes,
 
My attorney's office also suggested me to file for I 485 before oct 1st.

It seems the consulate (even if they had received paper work) will schedule an appointment only when PD is current

(I was also told that once you file for 485, CP will automatically be cancelled)

sarawgt1 said:
hi again:

i spoke to my attorney and she suggested that i should try to get in my I-485 application to the uscis before october 1. this will provide the benefits of EAD and AC-21 to me and my spouse. so we dont have to worry about changing jobs or extending h-1; but we will still have to wait for the dates to be current to get approval.

is anyone else going for this route? this process will ofcourse turn out to be very expensive if one is going with an attorney - they will treat it as a new application.

looking forward to hearing from those who are in similar situations - with eb2 packet 3 approved, case sent to consulate and waiting for an interview date.

thanks in advance.
Click to expand...
 
I would strongly suggest that you call/email NVC and Mumbai Consulate describing your suituation and questions you have, Consulate is usually very prompt in replying to questions.

All the best!!

sarawgt1 said:
hi all:

i am in a strange situation now....... i received an email from mumbai consulate just last night informing me that my interview date has been scheduled for october 25, 2005.

just when i was rejoicing, i found out from my attorney that although the consulate may have called for an interview, the date is after october 1, 2005. so i will NOT get an approval till my priority date becomes current (december 2002, eb2) and will have to come back on H1.... and will later have to travel back to get the approval when the priority date is current. is anyone else in a similar boat?

i would like to get some thoughts and suggestions on this. thanks.
Click to expand...
 
thanks senthil43! we did call up the embassy and we found out that our interview is for real. this is because my husband was born in mauritius - so we may get a visa under cross-chargeability if our interview is successful.

we are keeping our fingers crossed.....
 
sarawgt1 said:
thanks senthil43! we did call up the embassy and we found out that our interview is for real. this is because my husband was born in mauritius - so we may get a visa under cross-chargeability if our interview is successful.

we are keeping our fingers crossed.....
Click to expand...

Thats great news!! Hope everything goes well and you get your GC soon
 
i read this from immihelp.com:

" If the petition is inactive (oversubscibed categories with non current priority dates), NVC will wait until it becomes active before proceeding. Then, NVC will send the ACL letter to the applicant."

and then my lawyer wrote this:

"CP cases sit like adjustment cases and are not "worked" unless it looks
like they can be decided in a reasonable period of time. If a PD looks
like it might become current within a few months, the case is worked by
NVC and potentially transferred to the consulate for scheduling. "

So these are things to ponder about..now guys,how much time will I actually save by opting for CP in the scenario that NVC receives my case and dosen't act on it? I am wondering should I stick to AOS instead?


GS28 said:
Yep, one can certianly start the CP process by requesting that the USCIS send the approved file to the NVC. The NVC will do preliminary processing, I think. At what point they hold the file, I'm not certain. I've read that the NVC won't process it at all until the PD is current; others seem to think it might get to the Consulate and sit there. An attorney would be the best person to clarify this.

It takes a month or so to get an interview in most cases I've seen on here (which are overwhelmingly in India, in Mumbai, Chennai and Delhi, in that order. I'm not aware of a single Kolkatta case mentioned in this forum), IF one's Priority Date is current. For Indian citizens, right now, that's a huge, big IF!

Best wishes,
Click to expand...
 
what your lawyer and immihelp.com says is partially true. my PD is nowhere close being current but still after my 140 approval, NVC worked on my case and forwarded the file to the US consulate. my home consulate in bombay and i know this process is true for all indian consulates.

however, there are cases for some countries, where the NVC will hold the file in new hampshire and not forward the file to the US consulate till the PD becomes current.

puhrince said:
i read this from immihelp.com:

" If the petition is inactive (oversubscibed categories with non current priority dates), NVC will wait until it becomes active before proceeding. Then, NVC will send the ACL letter to the applicant."

and then my lawyer wrote this:

"CP cases sit like adjustment cases and are not "worked" unless it looks
like they can be decided in a reasonable period of time. If a PD looks
like it might become current within a few months, the case is worked by
NVC and potentially transferred to the consulate for scheduling. "

So these are things to ponder about..now guys,how much time will I actually save by opting for CP in the scenario that NVC receives my case and dosen't act on it? I am wondering should I stick to AOS instead?
Click to expand...
 
shouldn't it be the other way that Indian cases be held back,in this era of retrogression? when did you get your I-140 approval? was it before the retrogression started?

nishokie said:
what your lawyer and immihelp.com says is partially true. my PD is nowhere close being current but still after my 140 approval, NVC worked on my case and forwarded the file to the US consulate. my home consulate in bombay and i know this process is true for all indian consulates.

however, there are cases for some countries, where the NVC will hold the file in new hampshire and not forward the file to the US consulate till the PD becomes current.
Click to expand...
 
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