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

I also don't think USCIS is following it.

In Sub-LC cases, so many members have posted that they received PD based on original RD of LC.

grunggy said:
The priority date is not only "alien-based" but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date. Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien.
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They should but looking at the PD retrogress, I won't take that risk unless USCIS clarifies it.

unitednations said:
I don't see why they wouldn't allow 485 to continue even if you file a new 140. You could then just request to attach the existing 485 to the new 140.
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Someone in this thread mentioned that priority dates might retrogress to
March 2001 ...Is this correct or even close....Could the dates retrogress that far ????
 
orangetreats said:
Someone in this thread mentioned that priority dates might retrogress to
March 2001 ...Is this correct or even close....Could the dates retrogress that far ????[/QUOT

No one has the clue how far they will go back.We may need simply to wait and see the next visa bulletin scheduled some time second of December.
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Where you saw this?

I don't think it will go that far. Majority of 2001 cases are cleared by USCIS and most of people who are waiting for LC have PD > March 2001. Basically that will stop everyone from applying for I-485.

orangetreats said:
Someone in this thread mentioned that priority dates might retrogress to
March 2001 ...Is this correct or even close....Could the dates retrogress that far ????
Click to expand...
 
How will retrogression affect I-485 for spouse

Hi

I am getting married in December and will be back in January with my wife and will be applying I-485 for my spouse. My Priority date is Oct 1999. Will this priority date be the same for my Spouse?

Can I file for I-485 or follow-to-join (in case I am not able to bring my spouse) immediately in january?

Please advice.

Thanks
Ram
 
july 2001 is the first month after years of backlog they made it current for eb3 catogory so there is no way they can go before that worst come worst they could only start from aug 2001, but that is highly highly not posible, my guess would be somewhere in 2002
 
Thanks USNYCUS.
So, assumuing I come back in January after my marriage in December, can I file for her I-485 though if USCIS retrogresses the PD?
I asked Rajiv the same question and he says he is not sure and as far as he remembers, USCIS would not accept I-485 until it is current.

If it is true, the only option I have is to come back as soon as possible in December (can come only after the 21st.I have my H1 and H4 visa interview on 16th and it would take a couple of days to get back the passport).
Then file for her I-485 before December 31st.

Becos, If I am not able to file for her I-485, then I don't know what would happen to her status if mine gets approved some time next year? can she continue to be on H4? I believe it becomes invalid.

Gurus, please advise.

Thanks
 
tsramkumar said:
So, assumuing I come back in January after my marriage in December, can I file for her I-485 though if USCIS retrogresses the PD? I asked Rajiv the same question and he says he is not sure and as far as he remembers, USCIS would not accept I-485 until it is current.
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If the priority dates retrogress so far that your PD would not be current anymore (even if your I-485 is approved) then your spouse cannot file an I-485 if here, or get a consular interview via FTJ. However, since your PD is October 1999, the sun will start rising in the west before the EB dates retrogress that far. Do not worry.
 
USNYCUS and RealCanadian,
Please read this article at Murthy.com.

http://www.murthy.com/fmlytous.html

It states that "If the primary applicant files the I-485 previously, the derivative would simply file the I-485 shortly after arrival in the U.S. The ability of the derivative spouse to file an I-485 is dependant upon the priority dates being current. There are times when the priority dates "retrogress," or move backwards. If this is the case, the I-485 cannot be filed until the priority date again becomes current. "

What does that mean? I would not be able to file for her I-485 in January after the retrogress?

Thanks
 
Basically it's saying that spouse can't file I-485 if PD for your petition is after cutoff date (issued by DOS).

As we said before PD retrogress should not affect you or your spouse in any way. Your spouse will be getting PD same as your PD i.e. Oct 99.

We don't think PD retrogress will go that far.

tsramkumar said:
USNYCUS and RealCanadian,
Please read this article at Murthy.com.

http://www.murthy.com/fmlytous.html

It states that "If the primary applicant files the I-485 previously, the derivative would simply file the I-485 shortly after arrival in the U.S. The ability of the derivative spouse to file an I-485 is dependant upon the priority dates being current. There are times when the priority dates "retrogress," or move backwards. If this is the case, the I-485 cannot be filed until the priority date again becomes current. "

What does that mean? I would not be able to file for her I-485 in January after the retrogress?

Thanks
Click to expand...
 
Hi USNYCUS,
I am in a similar situation.
Mine is a sub. labor, I-140 is approved and applied I-485 in Aug 2004.
I am planning to marry in December and leaving for vaction in a week. I enquired with my lawyer about the same and he mentioned that my priority date is June 2000.
He also mentioned that the priority dates are current as of now.

I am still worried as to what would the priority dates be if they retrogress in Jan 2005?

Any thoughts on what would the dates be changed to.
Please post your thought.

Thanks in advance.

------------------------
I-140 - ND:Aug 4 2003, AD:Jul 2 2004
I-485 - ND:Aug 25 2004, AD:?
EAD/AP - ND:Aug 25 2004, AD:Oct 15 2004
 
You have PD June 2000.

Anything I say about PD would be speculation. But majority of immigrant lawyer/expert agree that it won't go that far. I also think you should be fine.

rams76 said:
Hi USNYCUS,
I am in a similar situation.
Mine is a sub. labor, I-140 is approved and applied I-485 in Aug 2004.
I am planning to marry in December and leaving for vaction in a week. I enquired with my lawyer about the same and he mentioned that my priority date is June 2000.
He also mentioned that the priority dates are current as of now.

I am still worried as to what would the priority dates be if they retrogress in Jan 2005?

Any thoughts on what would the dates be changed to.
Please post your thought.

Thanks in advance.

------------------------
I-140 - ND:Aug 4 2003, AD:Jul 2 2004
I-485 - ND:Aug 25 2004, AD:?
EAD/AP - ND:Aug 25 2004, AD:Oct 15 2004
Click to expand...
 
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