I485 Receipt & FP notice

[dxp764059]

Hello folks,

I filed my I140 in EB1 OR category on 9/01/05 and got the receipt notice for the I140 from the BCIS.

I sent my I485 to the USCIS on 27th september, 2005, via overnight FEDEX, just to avoid the retrogression. Today, I got a mail from the USCIS asking for the "biometrics" test. The receipt date for my case is 10/04/05.

I have the following questions:

1. Since I got the letter of appointment for the "Biometrics" test from the USCIS, does it mean they are processing my I485?

2. or, since the receipt date was 4th October, is my I485 will be rejected based on the retrogression rules?

3. Will I be able to get the EAD card soon?

I would appreicate it a lot if someone can help answer these questions.

 

[MDGUTS1307]

Answers

1. Since I got the letter of appointment for the "Biometrics" test from the USCIS, does it mean they are processing my I485?

They probably are sending the appointment for Biometric automatically. At least your name check, etc will get started now.

2. or, since the receipt date was 4th October, is my I485 will be rejected based on the retrogression rules?

My understanding is that if your 485 was not approved before Oct 1 2005, the one is affected by retrogression ( if you are from the retro countries or retro affected EB class)


3. Will I be able to get the EAD card soon?

I dont know the answer to this. If you they sent you a biometrics notice then you might.