I-485 and RFE for EB3

C

Cougar_AK

Registered Users (C)
I recently received RFE(for Form G325 - Biographic Information). Here are my details :

   Category : EB3
   PD : 07/10/97
   RD : 08/99
   ND : 09/99
   FP : 07/00
   RFE : 11/00

   What does all this mean? Does INS really work by PD\'s or they will wait till the date becomes current for the category
   before approval? Quesions or Comments?
 
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INS should wait till the date becomes current(PD),Cougar what is your country? because for India your PD is not curent
 
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Nobody can tell anybody to wait if they don\'t want to, leave alone INS. But when you got the I140 approved in that documents it states that do not use until your priority date becomes current. And what we have at hand is a regressed PD and going by the logic or law in this case processing should start only for the PD\'s that are current.
 
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First things first. My country is India and obviously my PD is not current.

What comes to my mind is, why does INS does everything, like sending out FP notices, sending out RFE\'s etc., which gives one an impression, even though it may be a false impression, that INS is in fact processing your I-485. What does processing mean does it mean only approval or anything that leads to approval?

Guys what do you think?
 
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Please tell me if I am wrong but I under stand that Priority Date only matteres for filing I485 and after that it becomes irrelevant. Only thing matters after that is Receipt Date of 485 ?????
 
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Hanuman,

I agree with you. But I have heard conflicting opinions like the one posted by Chutney. Some say PD does not matter and some say it does matter. Only time will answer this question if some EB3 person gets approved before his PD is current. Till that keep the fingers crossed and wait in anticipation.
 
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Yes, INS does consider PD for your final approval other than filing 485.we got Ref from Ins and was under the impression that INs going to give us green signal soon. But no. I spoked to IIO the other day and asked about our case, he said that they are holding our case cause our Pd is current yet.
EB3 India,PD Aug 97.
 
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- PD should be current for one to apply for 485.
- Processing of 485 takes place by ND.
- When the 485 is processed, if PD is not retrogressed (meaning PD has not gone back), and if visa numbers are available in current year\'s quota, the applicant will be asked to go for pasport stamping. Else, the processing will be completed and the application will be put to "waiting for visa number availability" status. When the PD becomes current and visa numbers are available, you will be asked to go for passport stamping. That is when you get the greencard.

So, you applied your 485 when PD was current, now it has gone back in time. So, your application will be processed according to ND (that is the reason you got RFE) and will be put on hold until your date is current.
 
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Just as an FYI I have also seen in the earlier cases where intent to deny was sent because the PD was not current, I guess INS now is relaxed on this issue because it not the fault of the applicant that this happened.
 
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Looks like PD should be current. My details
PD 1st Apr\'97,india,eb3,rd 9th aug\'99,nd 27th aug\'99,fp jul\'00,rfe 18th oct\'00,rfe resp recvd 14th nov\'00. Waiting for approval. PD not current 3 weeks to move.....
 
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Roopa :
What is your RD/ND?. What kind of RFE did you get?. I saw some postings on NSC I-485 on this board that NSC centre has approved even their PD was not current.
 
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If PD really matters how is that some EB3 guys in other service centers, like NSC, are getting approved even though their PD is around 07/97 or 08/97? Are these guys playing some kind of pranks around here? They better not!
 
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Hi,
My Rd and Nd are first and last week of sept, We got ref for employment letter,99 tax return and W2.Its been 3 weeks, no news from INs. Waiting for green signal.PD Aug 97, EB3 india.
Roopa.
 
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