Guidance requested Schedule A I-140 and Possible retrogession and Prem. Profcessing

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
 
(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.

The retrogression will be effecting from Nov. This should not be confused with the priority date (this is like your turn based on the number you
pick in a service line) which may be retrogressed to an earlier 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?

Depending on the priority date that USCIS will be processing after Nov, it
is POSSIBLE that your cases may not be processed until your priority dates
befome current (these dates are available in USCIS bulletin).

(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

I think you should go for premium processing for I140. Although I don't know
of cases pertaining to I140, one of my colleages did his labor using PERM
and got his approval in FIVE business days (he applied in EB2 category).

(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)?

As long as the paperwork/documentation are in right order and the attorney
you hire to do that, you should NOT have any problems.

Good luck
howdy_howdy
//
ps: I am not a lawyer and not planning to be one. Consulting a competent
one is advised.
 
thanks

Thanks for your detailed input.

As per last bulletin Schedule A is current for all countries, does this means that they are processing cases with current priority date of September or October?

Yes I am little bit confusing both things together. My priority date is August 22.


Does That means they retrogess in November with priority date of August 25 or after I am fine ( in regards to processing of my I-485) but if they retrogess in November with priority date of August-20 or before my I-485s willbe on hold?

awaiting your more input.

thanks
 
pmpforgc,
I had a doubt whether premium processing is IS available for Schedule A. The answer I found through calling USCIS (1-800-357-2099) It is available.because some Schedule A's are EB2 and some are EB 3.

My spouse wants to work (on F-1 currently) and the lawyer suggested filing for H-4, and waiting for the receipt number, before changing school or working. We are waiting.....
I am also thinking about premium processing, it would make the GC more certain .. but its another 1000 bucks...
 
pmpforgc:

Here you go:

pmpforgc said:
Thanks for your detailed input.

As per last bulletin Schedule A is current for all countries, does this means that they are processing cases with current priority date of September or October?

A big YES

Yes I am little bit confusing both things together. My priority date is August 22.


Does That means they retrogess in November with priority date of August 25 or after I am fine ( in regards to processing of my I-485) but if they retrogess in November with priority date of August-20 or before my I-485s willbe on hold?

Your assumption is exactly the opposite to the right answer. If in Nov
the priority date is set to Aug 21, then your case might be put on hold.
On the other hand, if the priority date is set to Aug 22, then your case
will be in processing queue. Priority dates of applications should be less than
or equal to the priority date announced by USCIS in order to be in the queue
for processing. Hope this helps.

awaiting your more input.

thanks
Click to expand...
 
How Nov- Visa bulletin Change Schedule A cases?

I filed My concurrent I-140 and I-485 in Schedule A Group-II , EB-2, Exceptional Ability in Arts and Sciences Application with USCIS recipt date of AUGUST 24, 2006 for both I-140 and I-485?

In November Visa bulletin came out yesterday Sch.A retrogessed with cut off date set as 10/1/05

Can you give some ideas/answers in relation to this new development

(1) My I-140 is yet not approved I had asked my attorney to do premium processing. In this new situation should I go for premium processing or hold it back as they will not process my I-485 due to un availability of numbers in Schedule A.

(2)With current retrogession in Schedule A in November visa bulletin What will happen to my I-140 and I-485 processing.

(3)If Schedule A categorey ends after 10/5/2005 as indicated in November visa bulletin what will happen to CASES like mine which were filed after that? does they get transfered to EB-2 ( or EB-3) with their filing dates, set as priority date?

(4) Does establishment of date of 10/5/2005 in NOVEMBER visa bulletin means that they will still process application that they accepted till this NOVEMBER-2006 .

Your experienced help is Gretaly appreciated in this developing situation.
 
pmpforgc said:
I filed My concurrent I-140 and I-485 in Schedule A Group-II , EB-2, Exceptional Ability in Arts and Sciences Application with USCIS recipt date of AUGUST 24, 2006 for both I-140 and I-485?

In November Visa bulletin came out yesterday Sch.A retrogessed with cut off date set as 10/1/05

Can you give some ideas/answers in relation to this new development

(1) My I-140 is yet not approved I had asked my attorney to do premium processing. In this new situation should I go for premium processing or hold it back as they will not process my I-485 due to un availability of numbers in Schedule A.

From the Murthy website:.
"At the Murthy Law Firm, our recommendation to Schedule A foreign nationals and their employers is that they consider using premium processing for their I-140s to increase their chances of getting an approval before the numbers run out. At the very least, eligible Schedule A cases should file the I-140/I-485 concurrently while it is still possible to do so."

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

(2)With current retrogession in Schedule A in November visa bulletin What will happen to my I-140 and I-485 processing.

I hear conflicting information about cases already filed. That it would be processed because it was filed before retrogression and also that no more processing happens until PD becomes current-- in the case of Sch A, thats not possible because the 50k visas have almost disappeared. Let me know what you hear!

(4) Does establishment of date of 10/5/2005 in NOVEMBER visa bulletin means that they will still process application that they accepted till this NOVEMBER-2006 .
YES
Click to expand...
 
pmpforgc and other Schedule A folks,

I called the special number for Texas premium processing and got information not only about 140 status but also about 485 for self and spouse.
This is the 485 process according to what I was told:
The first thing after fingerprint is
1. criminal background check (FBI)- thats where ours has been stuck for almost 2 months
2. Pre-adjudication (Texas)
3. Name and family background check (back to FBI)

based on this info, the agent told me he expected it would take at least 6 months! So no hope of getting in before retrogression hits on November 1st. Was the 140 PP woth it then or was it waste of money? Since my employer paid half of it..I don't consider it a waste. If I140 is approved, my spouse could work with more certainty than with a pending 140...And the decision is pretty quick.
 
GC in Waitning-Can you answer my question about name check?

Dear GCInwaiting.

Congrates again on your approval.

Can you tell me phone no that you called for knowing status of I-485 processing as well as to know status of your FBI NAME CHECK ( along with prompts if any). I want to know ths status of my name check. I might go for pp based on that.

thanks
 
You must log in or register to reply here.
Top