EB2 Retrogression

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parthi98

Registered Users (C)
Will EB2 retrogression affect dependent applications even though the primary applcant may have got his GC. I am going to be responding to the dependents RFE and if retrogression happens in Sep, will it affect the case.

My question is:
Does dependent petitions count towards the VISA numbers in EB2/EB3?

My lawyer tells me that since they had already started to work on this case, it will be adjudicated.
 
Yes Retrogression will affect your spouses ajudication. If it retrogresses to before your priority date or becomes unavailable like it did for EB-3 the case will not be adjuducated until there are visa numbers available for the case. This is the same thing thats going on now with EB-3 people. Many of these people are in the same boat and their sposues are stuck. Many are even getting RFE's right now but again nothing will be finished until the visa numbers are available.
 
Thanks grunggy,
The dates that they refer to in case of retrogression..is that the priority date (of Labor) or is it the I-485s receipt date?? My priority date is July 2002 but I 485 was filed only in Dec 2004.
 
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