I-485 still getting processed?

S

StonedAnt

Registered Users (C)
Hello,

Not sure if this question has been asked before, so thought I'd ask. While one's PD is retrogressed but I-485 has been applied, does the I-485 still gets processed while the PD is being waited on to become current? I mean stuff like background check, name check etc, are these all taking place even though a visa number cannot be assigned until the PD becomes current.


Thanks,


Stoned!

EB3 ROW, PD Nov 2002
 
I have the same PD Nov 2002 and submitted my I485 in May 2007.
According to the threads it appears that the I485 does get processed until your PD becomes current in most cases....

However I phoned up the INS last week and the officer stated that for I485 (Employment Based) once you submit your I485 adjustment of status you DO NOT need to wait for a visa number and currently they are looking at applications submitted in May 2007 and that I should phone back in late Jan to inquiry why I havent heard from them.....


It would be nice to hear from an immigration lawyer on these threads since there are so so much conflicting information......
 
Process

The priority date must be current at both the time that the I-485 is filed, and a visa number must also be available at the time the I-485 is approved. The Application can be processed, and all adjudication preparations done when priority date is not current, but the Application cannot be approved, and an immigrant visa issued unless a number is available based upon priority date being reached on Visa Bulletin when the Application is ready to be approved.
 
I am a May 2007 filer too when the PDs were current. I asked this question as I was wondering if I should call the service center to ask if any info could be provided on the background and name check.

Thanks to all.


Stoned!
 
Alright, I just checked the USCIS website for Service Center processing dates and TSC shows it is at Jan 01, 2007 for I-485 cases from Employment Based Application Adjustments. Since I am a May 2007 case, would my assumption be correct that they are not working on my case yet?


Thanks,

Stoned!
 
StonedAnt said:
Alright, I just checked the USCIS website for Service Center processing dates and TSC shows it is at Jan 01, 2007 for I-485 cases from Employment Based Application Adjustments. Since I am a May 2007 case, would my assumption be correct that they are not working on my case yet?
Click to expand...
Don't make any assumptions regarding USCIS. They can start working on your case next day they receive it or don't work at all till you file service request and follow up with your congressman.
 
CIS mentioned clearly about 2 years ago that they process the case even though it is being retrogressed. They just can not approve it.
 
an update

Just thought I'd provide an update for those who might be interested. I called up USCIS this morning to check if any of the background checks etc had been completed. The lady on the phone sounded quite polite and said that currently they were processing Jan 07 cases and that my case would not be touched for about 130 days or so. Also, that information on the checks is for internal use only and would never be shared for my own protection. She did not mention anything about PD.


Stoned!
 
Thanks for the update!

A couple weeks ago when I phone the lady @ INS she said they were looking at May 07 for I485 and that I should phone again late Jan...go figure but at that time according to the Processing times on the web it stated currently 6 months processing time which would have put it May 07.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

Looking at the Processing times now 1 month on, it has suddenly gone backwards to Jan 07!.....

Now when I phone up INS in a few weeks time just as the lady told me to do I bet they will say they are looking at cases at Jan 07....

GO FIGURE!!
 
Your cases are still processed although your date is not current, however they can't approve your case until a visa number is available and your date becomes current.

If you search the old threads, you will find around June and July last year, tons of old filers got approved as rain was pouring down. They can't approve and process that many cases in couple of days.
 
I-485 stage is Adjustment of Status and not an immigrant visa

Guys,

This is really confusing, I-485 stage is adjustment of status, I-140 is the immigrant visa. When your I-140 gets approved, it means a visa number has already been allocated and accounted for. That is the reason when a particular category is retrogressed to a certain date, CIS no longer takes I-140 applications. To approve I-485, visa number is irrelevant for people whose I-140 has been already approved. Unavailability of visa number should not matter.

What am I missing here? Can someone point me to some authentic source, if my interpretation is wrong?

Thanks!
 
I-140 is the immigrant petition, not a visa, and when you can file it or when it can be approved is not related to visa number availability or priority dates.
 
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