Eb-3 140/485

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kutti80

Registered Users (C)
Hi folks,


I heard about the change to EB3 cases "wait for the PD dates to be current". One silly question. If I apply for my 140/485 in Oct/Nov 04, my application will be stopped till the PDs are current. How exactly does it work? My labor is applied in Jan 04. What exactly is the PD in my case. Or will they process my application as it will be filed before Jan 05.

What would be my PD here? Please let me know.

thanks.
 
Actually it is a misunderstood statement. As an applicant you will not see any difference. You can apply for your 140/485 as usual, but USCSIS will hold your application till a visa number is available. So another reason for USCIS to delay your application. As an applicant you would just wait.

hth
dyno
 
dynobuoy said:
Actually it is a misunderstood statement. As an applicant you will not see any difference. You can apply for your 140/485 as usual, but USCSIS will hold your application till a visa number is available. So another reason for USCIS to delay your application. As an applicant you would just wait.

hth
dyno
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As an applicant you may not be able to apply if the PD is not current. Since the PD is current as of the last visa bulletin, you can apply now. If you apply and the PD retracts back, then your application is not withdrawn but is kept pending. Hope that clarifies.
 
dazzling said:
As an applicant you may not be able to apply if the PD is not current. Since the PD is current as of the last visa bulletin, you can apply now. If you apply and the PD retracts back, then your application is not withdrawn but is kept pending. Hope that clarifies.
Click to expand...


how do you say that PD is current as of the last bulletin. Could you let me know what is the PD date in my case? thanks.
 
kutti80 said:
how do you say that PD is current as of the last bulletin. Could you let me know what is the PD date in my case? thanks.
Click to expand...

Your PD is the date that your LC was filed at the state level. If you aren't going through LC (e.g. NIW) then I believe it's the date that the I-140 is filed.

For most people, their PD is well before their ND (the date the I-140 notice sent out after the USCIS receives it). e.g. in my case, my ND is 10/23/03 but my PD (VA LC) is 01/04/02. The gap depends on how long LC takes in your state and how long it takes to get the I-140 submitted after getting the LC.

ETA
 
ETA-GC said:
Your PD is the date that your LC was filed at the state level. If you aren't going through LC (e.g. NIW) then I believe it's the date that the I-140 is filed.

For most people, their PD is well before their ND (the date the I-140 notice sent out after the USCIS receives it). e.g. in my case, my ND is 10/23/03 but my PD (VA LC) is 01/04/02. The gap depends on how long LC takes in your state and how long it takes to get the I-140 submitted after getting the LC.

ETA
Click to expand...

Thanks guys. One more question - with Jan 2005 rule, do they mean they won't touch 485 or 140 or both. What about EAD and AP approvals? Atleast if I get EAD, my spouse can work. Do you think, if my 140 reaches INS next month, they will still hold on to it until the PDs are current?

thanks.,
 
kutti80 said:
Thanks guys. One more question - with Jan 2005 rule, do they mean they won't touch 485 or 140 or both. What about EAD and AP approvals? Atleast if I get EAD, my spouse can work. Do you think, if my 140 reaches INS next month, they will still hold on to it until the PDs are current?

thanks.,
Click to expand...
1. They will issue EAD, if they have accepted your application.
2. Since the PD is current you can file now. Say your PD is 1/1/2004 (I am assuming this) and you file in say EB3 category. Assuming coming January the PD for EB3 becomes 11/01/2003. It will mean that until the PD for EB3 crosses 1/1/2004, you petition will not get approved. Once it crosses that date, your petition will become approvable but will have to be still approved based on JIT dates at that point of time.

Also Jan 2005 is all speculation at this point of time. But it is best to file it as soon as you can.
 
Check following links:
http://boards.immigrationportal.com/showthread.php?t=143292

And, if you have time.
http://boards.immigrationportal.com/showthread.php?t=143061
kutti80 said:
Hi folks,


I heard about the change to EB3 cases "wait for the PD dates to be current". One silly question. If I apply for my 140/485 in Oct/Nov 04, my application will be stopped till the PDs are current. How exactly does it work? My labor is applied in Jan 04. What exactly is the PD in my case. Or will they process my application as it will be filed before Jan 05.

What would be my PD here? Please let me know.

thanks.
Click to expand...
 
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