Guidance in reagards to SCh-A ( EB-2)-possible retrogession and Premium processing

P

pmpforgc

Registered Users (C)
Dear Members

I seek your expert advise on following situation as my lawayer is not much clear on the topic.

I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006

In this regards I need your guidance on following points.

(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.

(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?

(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s

(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?

Your input will greatly help me in deciding about premium processing.

Thanks
 
pmpforgc said:
Dear Members

I seek your expert advise on following situation as my lawayer is not much clear on the topic.

I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006

In this regards I need your guidance on following points.

(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.

Example: If it retrogresses to March 2005, then no I485 with PD after March 2005 will be approved. Processing can continue if it has been filed.

(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?

Yes it will be processed but the approval will remain on hold till the PD becomes current

(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s

Yes, you should go for it

(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?

I doubt that that PP has any effect on approval or denial, but I have no such personal experience

Your input will greatly help me in deciding about premium processing.

Thanks
Click to expand...

BTW why is not your university doing EB1-OR?
 
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Can any one have their input?

I dont think my CV is so strong to qualify for EB-1 outstanding researcher.

Can you have some input on my questions about retogession and preium processsing of I-140?

thanks
 
pmpforgc said:
I dont think my CV is so strong to qualify for EB-1 outstanding researcher.

Can you have some input on my questions about retogession and preium processsing of I-140?

thanks
Click to expand...

Please see my previous post
 
thanks

Sorry I did not have detailed look at your answer before.

My lawer is asking extra 500 $ as an attorney fee apart from 1000 $ to USCIS so all this is becoming lot of extracting of money by USCIS and Lawyers.

Do you think still it worth to invest more 1500 $ for premium processing apart from 10,000 $ that I had alreay invested in filing for I-140 and I-485.

Your comments will help me

thanks
 
pmpforgc said:
Sorry I did not have detailed look at your answer before.

My lawer is asking extra 500 $ as an attorney fee apart from 1000 $ to USCIS so all this is becoming lot of extracting of money by USCIS and Lawyers.

Do you think still it worth to invest more 1500 $ for premium processing apart from 10,000 $ that I had alreay invested in filing for I-140 and I-485.

Your comments will help me

thanks
Click to expand...

It kind of sucks that your university does not pay for your GC processing. They should!

You may be able to file PP on your own. Make sure you do not make any mistakes. I have not done that... so you will have to look up the USCIS.gov website for instructions. I believe lawyers tend to make more mistakes than us when filling our forms. Still its a good idea to have a lawyer involved.

I140 processing and decision cannot be effected by retrogression. Effect of early or late I140 approval on I485 (which might get hit by retrogression) processing is debatable. If you are from a non-first-world country then I485 processing takes much longer due to name check delays. There are always some exceptions though.
 
thanks more info

EB1OR@NSC said:
It kind of sucks that your university does not pay for your GC processing. They should!

You may be able to file PP on your own. Make sure you do not make any mistakes. I have not done that... so you will have to look up the USCIS.gov website for instructions. I believe lawyers tend to make more mistakes than us when filling our forms. Still its a good idea to have a lawyer involved.

I140 processing and decision cannot be effected by retrogression. Effect of early or late I140 approval on I485 (which might get hit by retrogression) processing is debatable. If you are from a non-first-world country then I485 processing takes much longer due to name check delays. There are always some exceptions though.
Click to expand...

I am from INDIA. Does that mean my I-485 Backbround check might take more time. I am in US for past five years or so. I thought they will look only at my US records? Or they go to India to search records. If they do go to India to search then I dont think Indian system will allow it to clear that before one year!!!!!
 
pmpforgc said:
I am from INDIA. Does that mean my I-485 Backbround check might take more time. I am in US for past five years or so. I thought they will look only at my US records? Or they go to India to search records. If they do go to India to search then I dont think Indian system will allow it to clear that before one year!!!!!
Click to expand...

I don't know where else they go to do background check besides US. For us Indian nationals they usually take much longer to approve I485.
 
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