I 485 order of processing - By Priority Date or date of receipt of 485 application?

G

Gundappa vishwanath

Registered Users (C)
All,

This is kind of dumb question, but I will shoot it any way. I am ready to apply for I 485 having recently received my I 140 approval from VSC (EB2 RIR/ RD/ND of 140 - October 1999, Priority Date - July , 1998).

Will the INS start looking at my application right away because of the "older" priority date or will they process based on the date of receipt of the I 485 application. In other words, if another I 485 application (say EB3, PD 01/97) turns up he day after mine is received will that get priority over mine?

Would appreciate your response.

Thanks

Vishwa
 
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The order is to process applications based on Receipt Date/Notice date
This is conditioned upon PD being current.

That is for most countries (except India and China). It is First Come First Serve based on the RD/ND. For Indian and Chinese applicants, it the same except when they takeup the application they will check if PD is current. If it is they process it, if it isn\'t they will set it aside. Now I heard TSC has set a process where at the begining of each month they look at all the files that they had set aside due non-current PD, and process those which are now with current PD.

So, again RD/ND decides the order. To be processed PD has to be current. Otherwise it is set aside till such time when PD becomes current.
 
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I forgot to mention that all that is IN THEORY. Service Centers could do anything.

I say that because I just saw on the old board that someone
- EB3(India), PD March \'98 got approved. Their RD date is 8/99. The Service center is NSC.
 
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Somebody please tell me...
My ND is 9/21 RD 9/9 PD 12/98 EB3- India.If it being processed
based on the PD and they are still processing 96 cases, when will
PD ever be current for them to pick up my case?
 
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But isn\'t the I-485 received only when PD is current ?

Do you mean to say - that suppose my I-485 is received while my PD is current - and then the PD retrogresses (as in EB3 cases) so that it is no longer current - then they wont touch my case even if similar ND/RD cases are processed ?

Is that the theory ?
 
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I guess that what it is ---- So at the rate its going Dec 98, RD 9/99 and ND 9/99 ( EB3 India)
 will not be touched for 2 more years????
 
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Apparently yes. And I am in the same boat. I am pasting below a couple of sentences from an excellent article on priority dates that appears on Sheela Murthy\'s website (http://www.murthy.com/UDpdhdtw.html):

"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current." "

Best of luck.

Amar
 
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