I-140 approved; I-485 pending

[mlrp]

Please enlighten me. Per my Notice of Action forms received from USCIS, the following is my scenario:

I-140 (Approved)
Priority Date: Nov. 1, 2001
Receipt Date: Nov. 7, 2001
Notice Date: Dec. 17, 2001

I-485 (Pending)
Priority Date: BLANK
Receipt Date: Jan. 30, 2002
Notice Date: Jan. 31, 2002

* We originally filed our papers with the California Service Center. Per our online status, it says that on July 2004, our petition was transferred to the Los Angeles office. Then last Nov 2004, we used Infopass and found out that our case was now in our local office which is Santa Ana, California. *

Questions:

1) Any idea why our priority date in our I-485 is left blank? Is it because we carry the priority date of our I-140 petition and I-485 is just a follow-up petition?

2) In regards to the retrogression of priority dates, will our case be affected with this new rule? Is the I-140 priority date used or that of the I-485, which incidentally is left blank in our form.

3) For applicants with pending I-485, can they continously renew their EAD even if their priority date is after Jan. 1, 2002?


Thank you very much for any inputs you might share.

 

[ginnu]

Please enlighten me. Per my Notice of Action forms received from USCIS, the following is my scenario:

I-140 (Approved)
Priority Date: Nov. 1, 2001
Receipt Date: Nov. 7, 2001
Notice Date: Dec. 17, 2001

I-485 (Pending)
Priority Date: BLANK
Receipt Date: Jan. 30, 2002
Notice Date: Jan. 31, 2002

* We originally filed our papers with the California Service Center. Per our online status, it says that on July 2004, our petition was transferred to the Los Angeles office. Then last Nov 2004, we used Infopass and found out that our case was now in our local office which is Santa Ana, California. *

Questions:

1) Any idea why our priority date in our I-485 is left blank? Is it because we carry the priority date of our I-140 petition and I-485 is just a follow-up petition?
------priority date is the date your LC was filed and it is the same priority date on I-140, no problem if PD on I-485 is blank
2) In regards to the retrogression of priority dates, will our case be affected with this new rule?
------no problem for you as your PD is Nov. 1, 2001
Is the I-140 priority date used or that of the I-485, which incidentally is left blank in our form.
------ LC PD is used and on I-140 it is the same PD
3) For applicants with pending I-485, can they continously renew their EAD even if their priority date is after Jan. 1, 2002?
----- YES, they can get EAD AP and also can extend EAD and get new AP if I-485 is pending

Thank you very much for any inputs you might share.

 

[mlrp]

thank you ginnu for the response. i appreciate it.

if im not mistaken by your reply, they will never stop EAD renewals for only cases with priority dates before Jan. 1, 2002.

will they issue new EAD for cases filed after jan. 1, 2005? im just curious..

thanks again.

 

[ginnu]

thank you ginnu for the response. i appreciate it.

if im not mistaken by your reply, they will never stop EAD renewals for only cases with priority dates before Jan. 1, 2002.
--- one can get EAd or renew EAD if I-485 is filed even if his PD is 2003 or 2004, I-485 must be filed pending.
will they issue new EAD for cases filed after jan. 1, 2005? im just curious..
---YES, if one is eligible to file I-485 after Jan 1,2005

thanks again.