EB3 Retrogession Jan 2005 - Back by 3 years 1/1/2002

msdn2006 said:
I have put in Simple english.
What my lawyer told me is..............as follows.

These PD is nothing to do with either 485 filed or not filed.
This is the number of visa or GC can be given to specific countries,
Since the numbers were availbale Back in july 2001, they passed Ac21 so that all the countires ad PD as current. But now Due to the heavy of applications filed for 485, they do not want to accept any more applications.
This is some thing like a waiting period and breathing time for them. When the visa numbers are available they will move the dates.

Who ever getting their 485 approved before dec1st, then they will have numbers to issue GC. ( i mean they are lucky.. because they will not see PD... This means with out seeing PD they will issue GC.)

but when by Jan 1st 2005. They willl start seeing PD dates for all 485 applications, if it is already filed, then it will be sleeping and process will initiated only when the PD date moved.

By mistake if you file 485 with a future PD date, then also your applications might get accepted, but you 485 might get denied .. simple because you filed like dumb. ( this will not happen for those 485 is pending..this is the only difference)

Ok let us discuss about PD dates.

1.PD for eb3 is labor filed date.
2.who does not have labor then it is 140 date.
3.people who applied 140 by the benifit of a pre approved labor . then PD date is 140 filed date.
4. People who have already applied 485 and 140, they are lucky if they get their ead before dec 31st or else they will be put in the queue and PD dates will apply for them as per they are 1,2 or 3

Hope this helps.
Any way call your lawyer and check depending upon your case.
Click to expand...
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"3.people who applied 140 by the benifit of a pre approved labor . then PD date is 140 filed date."
Are you talking about substitute labor. In substituted labor case I140 approval notice dispalys priority date as date of Labor filing. - Can any one clarify...
 
does this effect derivative cases also?. primary approved but derivative not approved

Is there a priority date for derivative cases too?.

thanks for your help
nath
 
Do not skip... Please read the last para.

Hi Guys I think some people are confused about the priority dates.

Please read the link about PD from murthy.com,.... This PD date is not a new thing. It was there long before in 2000. See the article which posted on 2000.


In Simple english.....

Who ever initiated the GC process after landing in USA first,will get their 485
processed first irrespective of whether they filed 485 or not.
Who ever got their 485 approved are OK and lucky.


do not skip the article .. read the last para.

http://www.murthy.com/news/UDpdhdtw.html

I have cut and pasted the last para.. see the last like
"However, the I-485 could not be approved until the date again becomes "current."
So I interpret like that...but you guys need to read and let me know what you guys think.


"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current."

sub labor date will not account.. because a person came before 6 months can get his 485 processed. So he will have his GC before Creditcard.
This is what the lawyer told me in a funny way.
 
There is no news like that they are going to increase the time limit.
but there will be no problem in renew the EAD.

rani2003 said:
will the aprove EAD for more than one year since now its gonna take a long time.
Tks,
R
Click to expand...
 
Yes EAD will be approved but after 1 Jan 2005, 485 and EAD will be processed according to the PD date.


rani2003 said:
How about concurrent Filers with ND 05/04 EAD and AP approved. Will they
approve the i140 so the applicants can change jobs or they will keep both pending.
Please advise

Thanks,

Rani
Click to expand...
 
re

Hi Msdn2006,
Thanks for you reply . but my question was will they at least approve the i140
for concurrent filers since they cannot appove both at the same time.
Please advise,

Tks,
R
 
is there a priority date for the derivative cases?.

if yes, what's the priority date?. I went thru' the murthy.com article posted but it doesn't say anything about derivative case. can anyone clarify if they know?.

thanks
nath
 
Yes they will approve 140, they will not start the 485 process unless the date is current, or yur pd date is within the cut off date.


Please read the link about PD from murthy.com,.... This PD date is not a new thing. It was there long before in 2000. See the article which posted on 2000.


In Simple english.....

Who ever initiated the GC process after landing in USA first,will get their 485
processed first irrespective of whether they filed 485 or not.
Who ever got their 485 approved are OK and lucky.


do not skip the article .. read the last para.

http://www.murthy.com/news/UDpdhdtw.html


rani2003 said:
Hi Msdn2006,
Thanks for you reply . but my question was will they at least approve the i140
for concurrent filers since they cannot appove both at the same time.
Please advise,

Tks,
R
Click to expand...
 
sub labor date will not account.. because a person came before 6 months can get his 485 processed. So he will have his GC before Creditcard.
This is what the lawyer told me in a funny way.
Click to expand...

------ So what will be the priority date for substituted labor ????
Original Filing or After substitution I140 date ???
 
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