Is it true I-485 is processed based on Labor PD ?

M

marlon2006

Registered Users (C)
Someone told me that I-485's are processed based on Labor priority date.
Does this make sense at all ?

USCIS website outlines they are processing I-485 from Feb 2004 I think.
 
Hi marlon2006,

Yes. They always process I-485 based on Labor PD or I-140 PD [for EB1 category]. See my signature.
 
Thanks Freedom4ever.
But what does it mean that date "Processing I-485 from 02/2004" ?
That means the actual date you filed I-485, isn't it ?

How do you know then which Labor PD they are processing ?
My labor was filed on April 2002.
I-485 filed on 02/2005.
 
Hi marlon2006,

18th August 2005 01:07 AM
marlon2006 Thanks Freedom4ever.
But what does it mean that date "Processing I-485 from 02/2004" ?
That means the actual date you filed I-485, isn't it ?

---> Yes, you are correct.

How do you know then which Labor PD they are processing ?
My labor was filed on April 2002.
I-485 filed on 02/2005.

----> It is difficult. But you can see from approved cases what was their PD. Most of them know their PD. Like in my case my PD was March '01. Last month I saw two approvals with PD Oct, 2000, I-485 ND Nov 04 and another approval with PD Aug, 2001, I-485 ND Dec 11 04. Immediately I knew that my approval was around the corner. Bingo, my case was approved this month. You have to keep an eye and watch out for PD's. Aslo it depends on the Officer who is handling the case, he/she might be busy/loaded with lots of cases. Always the cases are sorted by PD's. I saw a posting recently, which gave a flowchart of how the I-140/I-485 files are handled from start to finish. I will see and put the link here.

Have fun. Dont worry too much.
 
Your priority date will appear on your approved I-140.
It's the date you filed your labor certifcation with the state or I-140 if you don't need a labor certification.
 
I'm not sure if PD matters

When I look at the approvals posted on this thread, I see that cases filed with PD in 2003 have been approved

http://boards.immigrationportal.com/showthread.php?t=178538&page=5&pp=15

while looking here I see that the cases with PD in 2000 are still pending

http://boards.immigrationportal.com/showthread.php?t=178538&page=6&pp=15

There may come up various explanations for pending cases like stuck in name check, officer busy...USCIS works randomly etc. But they are pending for lesser known reasons.

My point is that while filing the case PD matters as it should be current for the type of case being filed but for processing of the case it should be availability of visa number for type of case and filing date being processed. PD should not be playing any part here.

However, I do not rule out any other situation where my explanation is completely different. USCIS works with their own rationale which is sometimes not known even to them.
 
My PD for labor was back in April, 2000. I am still waiting for my I-485. So, I think they are not related.
 
anildel said:
My point is that while filing the case PD matters as it should be current for the type of case being filed but for processing of the case it should be availability of visa number for type of case and filing date being processed. PD should not be playing any part here.
Click to expand...

Not completely true ....
Your PD should be current to file for 485
--AND--
your PD should be current for your 485 to get approved .... getting a visa number is clearly dependent on PD (as visa numbers are allocated based on your PD -- not 485 RD)
(the exception is when the type of case is current w.r.t PD)
 
freedom4ever said:
Hi marlon2006,

Yes. They always process I-485 based on Labor PD or I-140 PD [for EB1 category]. See my signature.
Click to expand...

Now I'm confused. Here is an example:
A filed I-485 on 7/1/05 with PD 7/1/02
B filed I-485 on 8/1/05 with PD 6/1/02

Whose case will be processed first?
 
skp19722003 said:
My lawyer was saying they will see both PD as well as 485 RD for 485 approval. Even for EB3 retro cases.
Click to expand...
Maybe that's what is "supposed" to happen ....
but I've seen far too many retrogressed cases that have been approved based on PD only -- sometimes upto a year ahead of the 485 ND.

I feel that in practice, they use PD only for retro cases.
 
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