In 485 is it 'Priority Date' or 'Receipt Date'?

[rakesh_one]

Just a basic questions.

How is 485 processed ? Do they form a queue based on the priority dates or the receipt dates ?

For example,
Mr A has a PD of 1 Jan 2002 and filed 485 on 16 Aug 2007
Mr B has a PD of 1 Jan 2007 and filed 485 on 17 July 2007

Both are in the same EB category.

Which one will get their GC first ?

I was thinking that Mr. A will, but lately, finding some info that tells me that Mr B will get GC first.

 

[ray6855]

Just a basic questions.

How is 485 processed ? Do they form a queue based on the priority dates or the receipt dates ?

For example,
Mr A has a PD of 1 Jan 2002 and filed 485 on 16 Aug 2007
Mr B has a PD of 1 Jan 2007 and filed 485 on 17 July 2007

Both are in the same EB category.

Which one will get their GC first ?

I was thinking that Mr. A will, but lately, finding some info that tells me that Mr B will get GC first.

Mr A will get, when all PDs are CURRENT

 

[belacut]

Just a basic questions.

How is 485 processed ? Do they form a queue based on the priority dates or the receipt dates ?

For example,
Mr A has a PD of 1 Jan 2002 and filed 485 on 16 Aug 2007
Mr B has a PD of 1 Jan 2007 and filed 485 on 17 July 2007

Both are in the same EB category.

Which one will get their GC first ?

I was thinking that Mr. A will, but lately, finding some info that tells me that Mr B will get GC first.

Based on the published logic from CIS (I highly doubted there is logic there, buy anyway)... Regardless their queue and PD. Mr. B with an earlier RD will get the GC first.

Yes, it is unfair. I got a PD 04/2003 but unable to file AOS until 06/2007... but someone who got PD 2004 but able to file AOS before the retro hit us on 2005 is already got the GC.

 

[rakesh_one]

Since all the PD are current, there will be huge number of applications at USCIS, do they go by the PD date or receipt date ?

 

[belacut]

Since all the PD are current, there will be huge number of applications at USCIS, do they go by the PD date or receipt date ?

Well... here is the interesting part.
Technically, after Aug 07 VB. All catergory are "U". So, there is no such thing "all the PD are current". In this sense, USCIS actually have no VISA# to approve anymore I485 application.

But, like I said, there is no logic... I see someone who has a RD May07, got the GC a couple days ago. (See trackitt.com)

So, assuming USCIS is respecting the law like we all did, they should process it based on RD. But, I had a feeling that, they may want to flush out those "OLD" PD cases in the next 2 months that who just filed after they lifted the flood gate.

 

[Delicateone]

Which one will get their GC first ?

I was thinking that Mr. A will, but lately, finding some info that tells me that Mr B will get GC first.

Rakesh, I guess it depends on which country you are from? Retrogated one like India -China or you are from Rest of the world (ROW) like Pakistan, U.K., Canada? I saw approval postings of ROW Applicants with PD 2006 and 2007 but not from retrogated countries; have you seen any approval postings of Applicants from Retrogated countries? Will you please provide the link?