IF I-485 is Approved Based on RD - What is the purpose of PD in VB
IF I-485 is Approved Based on RD - What is the purpose of PD in VB
I hope every body can understand the heading.
Following are assumptions based (situations that have actually occurred in the past & situations that will most likely happen for retrogressed countries) on filings or inability to file in July 2007 or even before August 17, 2007:
1. Applicant Tom has a priority date of June 2003 under EB3 and is from India. Tom's Labor is stuck with the BEC and is not approved till September 2007. Tom may not be able to file till October 2007 VB makes his PD current and subject to his Labor being approved before September 30, 2007.
2. Applicant Dick has a PD of January 2007 and is from India under EB3 but his Labor is approved through PERM in July 2007. Dick files for I-140/I-485/I-131/I-765 on July 30, 2007 and his RD for I-485 is 07/30/07.
3. October 2007 VB comes out with PD for EB3 with a cut off date of 1st July 2003. Tom will file his I-485 on October 2, 2007 and his RD for for I-485 is 10/02/2007.
4. There could be many more scenarios that could happen from November 2007 VBs but to come to a conclusion on Tam and Dick's situations, let us assume that the VBs following October 2007 VB right till September 2008 VB will move the cut off date for EB3-India from 1st July 2003 to 1st September 2003.
Based on the foregoing assumptions, the BIG question is: Who will get the I-485 approved before September 2008? Will it be Tom whose PD is June 2003 but his RD for I-485 is 10/02/2007? Or, will Dick get his I-485 approved based on his RD for I-485 which is 07/30/07 (assuming his I-140 is approved in October 2007) and with a PD of January 2007?
My take on this scenario: USCIS is in BIG trouble if they approve Dick's I-485 based on RD in August 2008 and DO NOT approve Tom's I-485 before Dick's approval EVEN IF Tom is OK with FBI namecheck and all his documents are in order.
Sincerely - IE
I485 approval is not subject to PD. It is all based on RD.
I see a lot of cases that having a later PD than mine (but filed right before the 2005 retro) gets cleared.
My PD is 4/2003 ROW. I got my LC cleared 2 months after the retro hit and can't file it until May 07 VB.