EB1 and retrogression

GC_GC1

Registered Users (C)
I have a question. If anyone can help, thanks!
I filed concurrently I-140 and I-485 on sept 6, 2005 under EB1-OR category at TSC.
I-140 approved on Oct 10th, 2005
Recd EADs for me and my wife on Nov 11th, 2005
However, since there is retrogression with effect from Oct 1, 2005 - does my I-485 get pushed back? Also does it mean that my I-485 is already under processing?
Thanks,
GC.
 
GC_GC1 said:
I have a question. If anyone can help, thanks!
I filed concurrently I-140 and I-485 on sept 6, 2005 under EB1-OR category at TSC.
I-140 approved on Oct 10th, 2005
Recd EADs for me and my wife on Nov 11th, 2005
However, since there is retrogression with effect from Oct 1, 2005 - does my I-485 get pushed back? Also does it mean that my I-485 is already under processing?
Thanks,
GC.

No, it means that since you applied prior to the cut-off date (Sept. 30th I believe) your I-485 applicatoin was ACCEPTED and until VISA numbers are available you may continue to avail of EAD/AP renewals. Had you applied after Sep. 30 and if you are from one of the retrogressed countries, your I-485 application won't even be accepted by USCIS and EAD/AP benefits wouldn't apply.

Basically, your I-485 won't be adjudicated until VISA numbers become available.
 
GC_GC1 said:
I have a question. If anyone can help, thanks!
I filed concurrently I-140 and I-485 on sept 6, 2005 under EB1-OR category at TSC.
I-140 approved on Oct 10th, 2005
Recd EADs for me and my wife on Nov 11th, 2005
However, since there is retrogression with effect from Oct 1, 2005 - does my I-485 get pushed back? Also does it mean that my I-485 is already under processing?
Thanks,
GC.

No sir! You have applied much before retrogrssion kicked in (oct 1, 2005)
congrats for Eb1-OR.
Yes, your application is very much under processing....you might get finger printing notices............but they will not approve unless VISA numbers are avaliable...................
 
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