No Progress in I485 Processing Date

A

Alok2004

Registered Users (C)
Guys,
This is very much frustrating to note that there is no progress in the NSC I-485 processing dates published on 12/01/2004. Still it is May 31st 2002 which takes NSC slower than the TSC first time in the history. As I came to know from my lawyer that this is all due to incompetent NSC Dy. Director who is incharge of the Director post since it is vacant. I request all I485 filers to urge/request to their lawyers to raise their voice against this NSC officers/Dy. Director's attitude. Although we know that NSC is processing cases much ahead than the published dates but officially no one can make inquiries unless processing dates crosses his/her filing dates. Please talk to your lawyers and ask them to raise voices against NSC I485 processing dates. This is what we can do atleast. Lets see if this works. Good Luck
Alok
I485 RD 02/2003
 
My lawyer dont have time to talk on my cases...

I appreciate your suggestion but...My lawyer dont have time to talk on my case...actually, when I have to file papers & my Lawyer has some "monetory gains" then only he have "time" on my case...So, if I will talk to him regarding this, I am sure he will say...why dont you wait till your case becomes current...! Anyway, hope for good...ALL lawyers are not like my lawyer, some are like Rajiv Khanna also...and asking everybody on this forum to support this initiative..

However, I have a question...who can judge "In competence" of NSC Dy Director? whether NSC higher authorities/officials will agree for their own collegues incometence?
 
If this is the only disadvantage - "officially no one can make inquiries unless processing dates crosses his/her filing dates", and you expect that you will be able to when the processing move up, believe me this will not help your case at all.

I made an inquiry, and the result was "the processing time of your case has been extended". Another standard message that doesn't tell you anything.
 
The lawyers

There are very few in a many lawyers who truly understand the client and pays attention. I have to honestly say that Rajeev is definitely one of them and the only one that I am aware of so far.

The lawyers have no time to respond to valid RFEs, forget about sending supportive petitions on our behalf...
 
I agree with you all and also understand that lawyers are not going to pay attention. But what to do about NSC behaviour...it is worse than TSC now. We are stuck and no choice.
 
Alok...did this initative got stuck...?

I understand my Lawyer will not co-operate but raising this issue thru AILA could be right initiative...will you ask your lawyer to escalate thru his/her AILA meetings?
 
malia said:
I appreciate your suggestion but...My lawyer dont have time to talk on my case...actually, when I have to file papers & my Lawyer has some "monetory gains" then only he have "time" on my case...So, if I will talk to him regarding this, I am sure he will say...why dont you wait till your case becomes current...! Anyway, hope for good...ALL lawyers are not like my lawyer, some are like Rajiv Khanna also...and asking everybody on this forum to support this initiative..

However, I have a question...who can judge "In competence" of NSC Dy Director? whether NSC higher authorities/officials will agree for their own collegues incometence?
Click to expand...

:D :D :D my lawyer is not answering his phone and never opened my emails...he is a NSC beliver :D :D I think he is a farmer too.
 
As per my lawyer there was an AILA meeting with NSC last month on 3rd November on many issue in which I485 slow proceesing was one of them. NSC told that they are going to move ahead this proceesing date much ahead within 2 - 3 weeks but noting happend. He says that talking to AILA on his level will not be much effective unless it will be raise by few other lawyers or emailing to AILA on this. Lets atleast try to speak with our lawyers if possible and hope they schedule another meeting with NSC. This is what we can do atmost, I heard that guys falling under CSC center raise this issue unitedly and all we can see that how much CSC has progressedon I485 within few months.
 
I checked USCIS site ...Last processing times posted is still Nov 19 2004...Where did u get the 12/01/04 processing times ?????
 
Worrying about 485 retrogression

Guys,

I am verymuch worrying about retrogression of 485 dates. I filed my labor in Dec., 2001. I did my second finger printing on 10th Nov.

Does anybody guess whether I am safe???

Thanks.
 
I think you r safe ..because if u r not then most of us r not :)

u need not worry ......u r in a better position then many of us !! good luck !!!
 
Don't quote me on this but I think you are safe...

clearwater said:
I filed my labor in Dec., 2001. I did my second finger printing on 10th Nov.
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Again, I do not claim to have any firsthand knowledge on how the Visa Bulletin would look for January of 2005. That being said, I am of the opinion that retrogression would probably go back to mid-2002. Since your PD is 12/01, I think you are okay even if you are from India, China, or the Phillippines.

I think those, who should be concerned about retrogression, are those who have PD in the year 2002. There will most likely be a halt to many concurrent (or non-concurrent) I140/I485 approvals in the coming month. This is definitely a point of concern for many I485 applicants.

Japanese
 
Thanks IPC and Japanese for your +ve remarks, hopefully I will be safe.

My only concern is they are processing in random manner and we don't know who's going to affect (from affected countries).

It seems recently they are processing EB2 May 2003 cases...
 
chinnipappu said:
I checked USCIS site ...Last processing times posted is still Nov 19 2004...Where did u get the 12/01/04 processing times ?????
Click to expand...


Please visit AILA.ORG for this report. AILA always publish USCIS reports much ahead than it actually published in their own USCIS website.
 
Japanese said:
Again, I do not claim to have any firsthand knowledge on how the Visa Bulletin would look for January of 2005. That being said, I am of the opinion that retrogression would probably go back to mid-2002. Since your PD is 12/01, I think you are okay even if you are from India, China, or the Phillippines.

I think those, who should be concerned about retrogression, are those who have PD in the year 2002. There will most likely be a halt to many concurrent (or non-concurrent) I140/I485 approvals in the coming month. This is definitely a point of concern for many I485 applicants.

Japanese
Click to expand...

Japanese,

Can you pls make it clear about the retrogress? I am kind of confused why it will affect those who have file I-485s even if teh PD date will be before their PD dates?

My PD is June 2001 and filed my 485(EB2) in Dec 2002 but still pending. I had FP2 on Aug 19,2004. Do you think what effect the retrogress will have on my case? Will it speed up the process or slow down the process?
 
getit said:
Japanese,
My PD is June 2001 and filed my 485(EB2) in Dec 2002 but still pending. I had FP2 on Aug 19,2004. Do you think what effect the retrogress will have on my case? Will it speed up the process or slow down the process?
Click to expand...

Hi getit -

Thank you for your message. Personally, I think that the retrogression could actually work in your favor since the hold on other applications that do not meet the PD cut off date, would free up NSC adjudicators to work on other I-485s in the queue that meet the PD cut off date.

I am, though, concerned about the effect this retrogression could bring up on many RN's at many U.S. hospitals...nurses are already in short supply as is.
For your information, I posted an excerpt from murthy.com for your reading pleasure.

Japanese

CASE SITUATIONS (Excerpt from www.murthy.com)

I-485 Filed

If one has an employment-based I-485 filed already, the first hurdle has been overcome. The employment-based priority dates are all current at this time, so they filed at a time when the dates were current. These cases will go through the ordinary procedures until the priority dates retrogress. Once the dates retrogress the impact on a pending case will depend upon whether the dates retrogress to a point earlier than the priority date of that case. For example, a case with a priority date of January 1, 2002 will not be impacted if the priority dates retrogress to January 1, 2003 in the relevant category. In this example, there are sufficient visa numbers available for all cases filed before January 1, 2003. Thus, our January 1, 2002 illustration case can proceed normally.

However, using the same example, if the priority dates retrogress to a time earlier than January 1, 2002, it will not be possible for the case to be approved until the priority dates move forward again. In this situation the I-485 will remain in pending status until the priority date reaches January 2, 2002. At that time, the case will be eligible for approval. Of course, whether a particular case is acted upon at any given time depends upon the processing times at the USCIS. While awaiting case action one is eligible for Employment Authorization (EAD) and Advance Parole.

Labor Certification Approved

These are the persons who really must take action. They must decide if they wish to proceed via adjustment of status or consular processing. If they select consular processing, they run the risk that the priority dates will retrogress before their I-140s are approved and the consular interviews completed. If this occurs, they will have to wait out the process and maintain lawful nonimmigrant status if they wish to remain in the United States. If such persons select adjustment of status, they need to move quickly so that their cases can be filed before the priority dates retrogress. If the dates retrogress before their I-485s can be filed, the employers will be able to file the I-140s. The I-140s, in this situation, should be filed rather than waiting for priority dates to become current. If the I-485s cannot be filed immediately, then the matter should be watched closely so that the I-485 can be filed as soon as the priority dates do become current.
 
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