if you filed under EB3-485, Pray God every day

M

mrv1

Registered Users (C)
I have been told by my lawyer if you filed 485 after they become current for everyone,you end of spending 2 years in adjustment status.
INS does not even look at cases until they process 97,98 EB3 PD cases first and then proceeds.
This will impact severely for people whose PD falls in 1999 afterwards.
 
yes and no

people with 4/01 EB3 dates have been approved so what you should
pray for is that the PDs remain current for a long time...atleast
right now the DOS estimates that they will be current until
Oct 2002. So try to get your processing and filing until then !
 
do not ignore the fact

I have friends applied for 485 when they become current in 99 and retrogressed still waiting while other friends who are under EB-2 and applied in feb,2001 approved.
 
Learn some fundamentals

You can file 485 when the PD is current, no problem. But when your case is ready to approve, your PD should be current and a visa number is availbale OR it will go into indefinite status until your dates become current. I guess, you are not aware of this fundamental 485 processing thing. Thats why you are shouting out loud like you found something NEW.
 
It is true!!!

I do not understand why people do not want to digest the reality. If INS is saying something which you do not want to hear howcome it becomes bulll. This is true starting next year if an individual is filing EB3 catageory 485 cases they will end up waiting 3-4 years before they can see actual green card. If I was in your shoe I go to graduate school finish my Masters degree and then apply I still end up saving time. Master degree normally require 12-14 months and with on line facility it is certainly helpful thing to do.
 
That is not completely correct!!!!!!

My understanding of this issue, with information gathered from my attorney as well as various other resources are as follows!
1. Your PD has to current for the INS to consider processing your application
2. From the pool of applications that are eligible for adjudication, the INS processes I-485 applications based on the RECEIPT DATE of the 485 application.

This means, if a person A with a PD of Jan 1999 applies on the 25th of Sept.,2001 and a person B with a PD of Jan 2001 applies on the 1st of Sept, 2001, the application of person B will be picked up first if both PDs are current.

These are just my inferences and the INS may work in a totally different way :)
 
what you said is right but not for EB3

The reason is INS is not sure if the numbers stay current for longtime.

They do not allocate a number to a guy with PD of 2000 but RD of 2001
if there is a guy with PD of 1998 and RD of 2001.

For EB2 it is certain that the dates will remain current so it does not matter.

but for EB3 as uncertanity exist they would rather process by PD

it is strange and not good for the people who applied for 485 first.
but INS reasoning would be if they allocate to the first RD but not old PD,they would run out of numbers as there are many people with old PD still waiting.

First In First Out is not true in this case.The other important parameter is PD.
 
No Title

mrv1
How is this possible. How will INS know about PD of unopened applications. so do you mean to say that INS will stop processing EB3 application till all applications are sorted by PD.I think this would be very difficult for any one to implement. the way they fix the priority date cut off is the PD of the first application for which they cannot allocate a visa number.so far they have visa number for every application thats why PD\'s are current for EB3. Once that happens then only applications with PD\'s less than the cutt off date will be taken for processing.
 
Ignore this mrv\'s home cooked stinking idea

It is baseless, and totally INSANE argument with no facts or official standing by INS or anyone else. It is just his incompetent attorney and mrv\'s home cooked stinking ideas.
 
Dont Post your own Assumptions

There are people who started getting their 485\'s approved whose were filed under EB3 having a notice/ reciept date whatever around May/ June/ July 2001. I inquired about this with my lawyers and they mentioned that
Once it goes into 485 Stage, it doesnt matter what category you are under.
So, be cooool and Relax !Its just a matter for 2 months once you comeplete your finger prints !
 
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