FYI: Priority dates in the EB categories could retrogress in FY-2005

NYGCSeeker said:
How will this be fair to regular filers who have gone throught the regular labor process?
Click to expand...

If you go through the regular LC process, your PD by the very slow nature of regular LC should be much earlier than most other people, so you are highly unlikely to be affected. Priority date retrogression benefits the folks who have been waiting the longest.
 
TheRealCanadian,
My labor was applied thru RIR in Nov 2001. It was approved in Oct 2002. what is my PD? What would be the cut off date? (I know i am asking you to speculate here, but I guess your guess is better than mine..which is mid 2002.)
-Srinikris
 
TheRealCanadian said:
Hmmmmm.... interesting. Looks like I might be wrong in my original assessment. Let's see what DOS says in the October 2004 visa bulletin.
Click to expand...

Where are these visa bulletins posted?
 
TheRealCanadian said:
This is incorrect. Alien numbers and visa numbers are two totally seperate issues. Visa numbers are only allocated when the I-485 is approved, not when it is filed and the A# is assigned.
Click to expand...

Then why do they say visa number should be available to apply for I-485? By that it looks like visa number is allocated when you apply for I-485.
 
Hi All,
I filed my I-485 in Jan2003.[I140---approved in NOVEMBER 2002].
Does retrogress affect if the case is already pending at CIS or only for the newer ones...

I am under the imression, that once Alien number[A#] is assigned you are with in the Quota?
Gurus, Please comment on this
Thx
Kandy
 
tammy2 said:
Then why do they say visa number should be available to apply for I-485? By that it looks like visa number is allocated when you apply for I-485.
Click to expand...

All petitions filed with USCIS must be "approvable when filed". That means that if by some miracle the person who opened the I-485 package in the mailroom decided to ajudicate it on the spot and all the necessary evidence was there, he or she could do so. If the priority date is not current, then a visa number is not available and the I-485 cannot be approved.
 
kandy17 said:
I am under the impression, that once Alien number[A#] is assigned you are with in the Quota?
Click to expand...

This is incorrect. Several years ago (some oldtimers might remember this), all of the EB dates became current since so few people were using CP and INS wasn't using up any visa numbers (since they pretty much weren't ajudicating AOS cases).

A lot of Indian- and Chinese-born folks with approved I-140s took advantage of this to file an I-485 and remain in legal status (remember, this was pre-AC21 so there were no 7th year Hs back then). After about four months, INS started using EB IV visa numbers and the dates retrogressed back to where they used to be.

Clearly, if everyone with a filed I-485 already had a visa number, these I-485s could have been ajudicated with no special processes . What ended up happenning was that INS had to segregate all the I-485s based on priority date and could not touch those I-485s with a non-current priority date. This would not have happened had a visa number been assigned upon I-485 filing.

Second, visa numbers can change "pools". Let's take my example. I'm an EB-3 professional worker and my wife is my dependent. My class is E37, and hers is E39. Let's pretend that she too had had an approved I-140 and filed based on that; we might have both filed in the E37 pool, but midway through she decided not to work and amended her I-485 to be my dependent. That would change her pool to E39, impossible if the visa number would have already been assigned.

Third, let me give you a personal anecdote. The moment I finally understood my GC journey was over was when our interviewing officer took out a smart card and logged into a very secure web site. She printed out a pair of pages that had "IV Request" on them. Very few of you will ever see an I-485 ajudicated in front of you, but I did - and one of the last steps is to request the visa number from DOS.

Fourth, a few months ago the INS "I-485 operating procedures" PDF was published here. It documents INS procedures for ajudicating I-485s in late 2001. One of the last steps in the process is to request the visa number from DOS.
 
Priority date -- H1 status

I have some questions..
If My Priority date is Nov2001 and my labor is still pending at NYSWA
probably it may not be cleared for another 6 months .
when it cleared I will be in my 7th year extension..
1> By that time if there is no visa numbers availabe for my priority date i can not apply for concurrent filing .. Right?
I have to apply for only 140 and wait date to be current.. Right?
As I am not applied for AOS.. I can not apply for EAD.. Right?
I have to work on H1 .. Right?
Can I apply for H1 extensions based on 140 applied?

can any one different situations arising with this reintroduction of priority dates?..
 
GOD_BLESS_YOU said:
1> By that time if there is no visa numbers availabe for my priority date i can not apply for concurrent filing .. Right?
Click to expand...

That's correct, but I would be incredibly surprised if the dates retrogressed into 2001. I've been surprised before, but I wouldn't spend time worrying about stuff that has yet to happen and you have no control over. Remember as well that it is reported that DOS is hinting this will only apply to EB3.

I have to apply for only 140 and wait date to be current.. Right?
As I am not applied for AOS.. I can not apply for EAD.. Right?
I have to work on H1 .. Right?
Can I apply for H1 extensions based on 140 applied?
Click to expand...

Yes, yes, yes, and yes - you can extend your H1 not based on the I-140 applied for, but the fact that it's been over 365 days since your LC was filed and you still have no GC.
 
Thank you for the information

unitednations said:
No, even if it is filed it does not matter if the quota date is prior to your priority date. They will not process your greencard even though they have your 485 until the priority date is after your priority date.

BTW, your priority date is not 140 approval but rather the received date of your labor certification from the state department of labor.
Click to expand...

Thank you UnitedNations and RealCanadian for your response.

But I will check my labor [actually mine is a labor subsitution case]. Is it different if it is a labor substitution case.... I am really worried because of this.. I already did my FP2 a month ago.....

I think we should escalate this issue to Rajiv

Thanks
Kandy
 
unitednations said:
No, even if it is filed it does not matter if the quota date is prior to your priority date. They will not process your greencard even though they have your 485 until the priority date is after your priority date.
Click to expand...

UN are you sure about this? I heard once you file I-485 it will be processed even if dates retrogress.
 
Thanks..

TheRealCanadian said:
you can extend your H1 not based on the I-140 applied for, but the fact that it's been over 365 days since your LC was filed and you still have no GC.
Click to expand...


so even after labor approval , we can file for h1 extension based on only applied 140 ...

so we can not get Advance parole EAD etc for self or spouse as we can not file AOS .. Right?
 
Wont the Priority Date scheme expedite clearing of 485 backlog?

People who have not applied for 485 yet won't be able to apply 485 until their Priority Date becomes current. In that case, USCIS need not process thier 485's and the additional apps(765/AP) etc which the 485 applicantss apply with 485.

This should help USCIS clear the current 485 backlog and would be a godsend for people who applied in 2002 and early 2003.

WHat do you guys think?
 
Assume that USCIS says that PD is June 2003. Say, you had applied labor (ALC Date) in July2003 and got cleared by Dec 2003 and "HAD ALREADY APPLIED" 140/485/EAD/AP in January 2004


Say the above rule comes into effect on OCt 1 2004.

WIll they revoke your 485 application(as ALC date is after PD)?
 
lil_joe said:
Assume that USCIS says that PD is June 2003. Say, you had applied labor (ALC Date) in July2003 and got cleared by Dec 2003 and "HAD ALREADY APPLIED" 140/485/EAD/AP in January 2004


Say the above rule comes into effect on OCt 1 2004.

WIll they revoke your 485 application(as ALC date is after PD)?
Click to expand...

No they will not revoke the application, they will just not process it until your PD is past the current cut-off.
 
lil_joe said:
Wont the Priority Date scheme expedite clearing of 485 backlog?

People who have not applied for 485 yet won't be able to apply 485 until their Priority Date becomes current. In that case, USCIS need not process thier 485's and the additional apps(765/AP) etc which the 485 applicantss apply with 485.

This should help USCIS clear the current 485 backlog and would be a godsend for people who applied in 2002 and early 2003.

WHat do you guys think?
Click to expand...

I totally agree with this.

But one thing of note here is that it is the PD that is important and NOT when you filed I-485. e.g. A person who applied labor in 2001, and applied I-485 in Jan 2004, will benefit mote than the perosn whose labor PD is Oct 2002 and who applied I-485 in April 2003.
 
Just to share information:

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
Click to expand...

Ref:
http://www.murthy.com/news/UDpdhdtw.html
 
unitednations said:
However, if they retrogress than uscis will probably have broken the law by processing greencards with later priority dates then people who already are waiting.
Click to expand...

Just so we're entirely clear, USCIS can approve any I-485 where a visa number is immediately available - if the priority dates for EB3 retrogress back to January 1st 2003, they can approve anyone with a priority date before then, no matter how long they have been waiting.

There is no obligation in law or regulation for USCIS to process anything on a FIFO basis.
 
You must log in or register to reply here.
Top