New theory on retrogresion

W

will_get_there

Registered Users (C)
There is a lot of discussion going on wrt. PD retrogression. Some folks in Nebraska Center are quoting their lawyers and paralegals that the PD retrogression will not have any affect on the filed 485s since these 485 applicatiosn already have been assigned a Visa number which is same as the Alient Number - A#.

How true is this ? No one know right now.

What do you all think - is PD retrogression going to affect the alreday filed 485s or not ?
__________________
will_get_there
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Sub. Labor - EB3
140 RD - 12/11/03 (LUD 1/29/04)
485 RD - 01/26/04 (LUD 4/16/04)
EAD - Approved
AP - Approved
FP - 11/20/04
 
I am just giving my common sense opinion and hope TSC guys also follow this logic.

Any PD retro should not affect the already filed concurrent/ semi concurrent cases.

Logically, due to PD Retro, the visa # may not be available and so concurrent filing will not apply. Or the current cases may be staggered. But then, TSC can not hold all guys to ransom. They must clear 140 and the old system of 485 taking a long time may happen.

While we see lot of news on e-filing, backlog reduction and pilot program for 90 day clearance of 485 cases, it is all thrash.

On an average, 60 % of GC applicants will get GC in 3 - 4 years ( the full life cycle starting from labor pain to final delivery, literally ), whatever they do.

So guys, just relax. Maybe when they have no other job to do, they will clear all the cases at their will and wish.

No cause for panic. Because the more u worry, the more acidity you will develop.
 
will_get_there said:
There is a lot of discussion going on wrt. PD retrogression. Some folks in Nebraska Center are quoting their lawyers and paralegals that the PD retrogression will not have any affect on the filed 485s since these 485 applicatiosn already have been assigned a Visa number which is same as the Alient Number - A#.

How true is this ? No one know right now.

What do you all think - is PD retrogression going to affect the alreday filed 485s or not ?
__________________
will_get_there
-----------------
Sub. Labor - EB3
140 RD - 12/11/03 (LUD 1/29/04)
485 RD - 01/26/04 (LUD 4/16/04)
EAD - Approved
AP - Approved
FP - 11/20/04
Click to expand...

I called my attorney about this a while ago and he thinks it could affect already filed 485s as well.

PD 7/02
LCA AD 1/30/04
140/485 RD 4/1/04
140 RFE 2/12/2004
EAD Approved
FP 9/15/04
 
Talked to my Attorney and he says there will be no impact on the already filed 485's since those applications already were assigned a visa number
 
SKumarD said:
Talked to my Attorney and he says there will be no impact on the already filed 485's since those applications already were assigned a visa number
Click to expand...

I wish your attorney were right. There seem to be different schools of thought on this one. Let's try to gather more info on this one..
 
talked to my attorney. She said if PD is not current, your I-485 will have to wait. It remains to be seen, what happens to the I-140 for concurrent cases.
 
Murthy site says that 485 will have to wait

Guys,

Even if your I-485 has been filed, your priority date has to be past the DOL published date (Visa bulletin) in order for the 485 application to be approved. However, you can legally stay and work indefinitely on EAD and travel on AP as long as the 485 is pending.

http://www.murthy.com/news/UDpdhdtw.html

If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current."
 
I think ...

There are more than 400,000 I-485 cases are filed since Jan-2002 that are still not approved (according to Immigration watch). I very much doubt that there were so many Visa numbers for Greencards to be allotted by CIS for the acknowledged cases (which are more than 350,000). As per my guessing, there were around 100,000 Visa numbers that were available since 2000 and used up in recent times.

This is my opinion.
Man
 
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