Processing dates - Aug3102
I think the I824 application will inherit the RD and PD based on the original I485 application.
Why do I think so?...Well the below excerpt suggests that
(see the points highlighted between >>>> and <<<< ).
I believe we have to write our 485 P.D on the I824, and hence I guess if your RD/PD is before the current processind date, you should be fine.
NEWS From the VSC
http://www.uslawnet.com/Library/followtojoin.htm
The Vermont Service Center has requested we notify members of the following information concerning I-824s:
"Recently we have encountered several issues with the Form I-824's being filed at VSC. It appears that communicating these issues to the individuals filing I-824's may help to facilitate the processing of the Form I-824's filed at VSC. One of the issues that has come up is when option C (notification of an AMCON [consulate] that beneficiary has adjusted status) on the I-824 is being requested. In this scenario, the I-824 is being used to notify the AMCON that an applicant of an I-485 has adjusted status so that their overseas following-to-join family members or derivatives can receive their visas.
One of the problems that we have encountered is that people filing the I-824's are ***>>>>>>*** not indicating the names and DOB of their derivative beneficiaries on the I-824 or on the accompanying evidence,***<<<<<<*** and we are having to do a lot of time-consuming RFE's for this information . INS and the DOS need this information to process the notification to the AMCON.If this information was initially submitted, it would potentially speed up the adjudicative process.
With respect to the above scenario (option C on the I-824), the format for cable notification to the AMCON requires that the ***>>>>>>***priority date of the approved I-485 applicant be entered on the cable format ***<<<<<<***so that the DOS can process the derivatives/following-to-join family members >>>based on the priority date<<<. Although the Form I-824 does not specifically request this information, it would be extremely helpful to the adjudicator to have this information included with the evidence filed with the I-824. Ideally, the information concerning would be in the form of an I-797 approval notice for the underlying IV petition. We can usually get the priority date from the electronic systems, but if the priority date has not been entered into the electronic system, or if the file is at the district, we may end up having to order the file, which slows down the processing of the I-824 and the processing of the visas for the derivatives. "
Gerald C. Rovner, Esq
Chair, Vermont Service Center
AILA National Liaison Committee