EB3 - PD before Jan'2002 and not approved.

L

Lakshya

Registered Users (C)
Since now EB3 Priority Date is announced, our analysis should be based on this factor now.

We should start this thread.

PD OCT' 2001
RD 485 - May' 2003
 
What happens to applications for whom an RFE has been generated or who already went for their FP2? My PD is September 2002, but received an RFE for my 485 application (RD May 2003). Will my application be processed or will I have to wait till my PD becomes current?
 
gchopeful2005 said:
What happens to applications for whom an RFE has been generated or who already went for their FP2? My PD is September 2002, but received an RFE for my 485 application (RD May 2003). Will my application be processed or will I have to wait till my PD becomes current?
Click to expand...

If you are EB3 and from India/China/Philippines ("Axis of unforunates" in Bush'ism) my guess will be you will have to have wait until your PD becomes current!
 
mxc said:
If you are EB3 and from India/China/Philippines ("Axis of unforunates" in Bush'ism) my guess will be you will have to have wait until your PD becomes current!
Click to expand...

I talked to my lawyer this morning and he said that he "thinks" that RFE applications will continue to be adjudicated. But no one knows for sure. Does any one know whether these dates will be effective only Jan 1 2005 or will they be effective immediately?
 
How long it takes to my PD comes to CURRENT

mine is EB3 and from India and my Priority Date is NOV 2002, how long i have to wait then. what is the Priority date currently going on. when my PD comes current. any idea.


Thanks
Shekar PC
 
Still there are hopes.....

If your PD is not current but you have filed I485, Chances are that you may get approved.

I understood that if RFE has been answered and everything is OK and they are working on your file, it may be adjudicated as mentioned by gchopeful2005.

PD will stop you to file I485.
It is like NSC is working on May'2002 cases (as per their website) but approving 2003 cases as well.

Cheer up guys.
 
I think you're right. I was issued an RFE (Letter of Employment) and we responded on Nov 15, 2004.

My 140/485 were concurrently approved after a week on Nov 24, 2004. So it seems like they're still adjudicating concurrent apps even if your PD is not current (mine is definitely not).

My LC (EB-3) Priority Date was 01/17/2003 (almost a 2 year difference from the current PD).

I just got my passport stamped today (I-551).

FYI: 140/485 were concurrently filed on 10/02/2003.
 
gchopeful2005 said:
What happens to applications for whom an RFE has been generated or who already went for their FP2? My PD is September 2002, but received an RFE for my 485 application (RD May 2003). Will my application be processed or will I have to wait till my PD becomes current?
Click to expand...
Send your RFE Response fast, if they receive it before Jan 1 2005, they can approve your case. The PD date that was announced is for the month of JAN 2005. It is not effective till then. If they are not able to approve your case before Jan 2005, they won't be able to approve your case and you will have to wait.
 
Very well said ClevelandGuru

Yes we should consider this factor.
If any of us in this forum has to respond any kind of RFE , he/she should act fast.
 
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