No retrogression -- Who Filed 485 before SEP 30th 2005

Only for EB2

People with EB2 were eligible to file for I-485 on of before Sept 2005. After Sept 2005, EB2 filing of I-485 has not opened up due to retregression.

Even if say you filed your EB2 in Sept 2005, your file will not be touched until your priority date becomes current for you and its Sept 2005. So although you would be eligible to file for EAD etc. you I-485 will not be touched for several years until your PD is current and after that it will take whatever it takes to process the file.

--logiclife
www.immigrationvoice.org
 
A newbie here. And, I am really confused about retrogression.

Citizen: India
Category: EB-2
My prioriate date: May 2001.
I-140 was approved: Sep. 2002.
I-485 was filed: Sep. 2005.
Biometrics were done: Nov. 2005.
Received EAD and Advanced Parole: Nov. 2005.

Is my case affected by retrogression? I am really confused after reading all the news (some of them confusinga nd contradicting to me).

Many thanks,
Osho
 
There is a case....

I am also in confusion about whether the cases filed before Sept 30 2005 will be affected by retrogression or not? Here is a case of my friend who filed for Labor Certification in July this year and got approval by the start of Sept. Then he filed for I 140, I485 etc and got EAD and advance payroll by mid of Oct. Also he got apponiment for Finger Printing by mid of Oct. By mid Dec. he got his I140 approved and his I485 status online says 'your finger prints are recieved on Nov 30 and processing has been resumed on your case' .
It's obvious that processing is going on his I-485 but there are different opinions on time needed to get the GC.
Also Priority date for the application was same as Current date( For the cases filed before Sept 30) in Sept. And at that time were eligible for processing to be started. It seems reasonable that processing was started on the cases at that time which is continued.
It will be great help if anybody can elaborate further on, whether I485 filed before Sept 30 are going to be affected by retrogression or not?
.................
logiclife said:
People with EB2 were eligible to file for I-485 on of before Sept 2005. After Sept 2005, EB2 filing of I-485 has not opened up due to retregression.

Even if say you filed your EB2 in Sept 2005, your file will not be touched until your priority date becomes current for you and its Sept 2005. So although you would be eligible to file for EAD etc. you I-485 will not be touched for several years until your PD is current and after that it will take whatever it takes to process the file.

--logiclife
www.immigrationvoice.org
Click to expand...
 
Retrogression is not a one night stand .....

Retrogression is a multiple scenario event ...... you cannot read an article on Murthy dot com regarding a single scenario (NIW) and assume that retrogression does not affect all EB2 filers.....

Here are two of the most common scenarios where retrogression affects any EB applicant :
1) You have not yet filed your I-485 and your priority date is not current. In this case, you will be allowed to only file your I-140 and must wait till your PD is current before USCIS will accept your I-485. Till such time, you must continue to maintain your non-immigrant status by extending your H or L visa.
2) Your PD is current, so you file your I-485 and then your PD becomes "not current". In this case, atleast your 485 is filed and you can use that as the basis for getting an EAD and AP. It is not mandatory to maintain your non-immigrant status by filing for H/L extensions. But some conservative lawyers advise you to do so "just in case". Unfortunately, those in this situation and who have completed 6 years of H (or 7 yrs L) do not have any basis for extending their H/L visa.

As you can see, there is no "one size fits all" type of answer regarding retrogression. It all depends on your PD, EB category and Nationality.

Of the available posts, only OSHOGG has provided dates so here is your situation :
As per Jan 2006 Visa Bulletin, EB2/India has a PD cutoff on Jan/1/2001. This means anyone with an EB2/India case who has a PD of Dec/31/2000 or earlier can be approved. OSHOGG, you have a PD of May/2001, so you will need to wait till the PD cutoff for EB2/India becomes June/2001 before USCIS can grant you approval. So, to answer your question - yes OSHOGG you are affected by retrogression .......

Cheers !!
 
from what i have seen processing will not be stopped....infact few people's I-485 has been approved but they are waiting for the visa number to get their card...

so people who have already filed I-485 have a little advantage....
 
techy2468 said:
from what i have seen processing will not be stopped....infact few people's I-485 has been approved but they are waiting for the visa number to get their card...

so people who have already filed I-485 have a little advantage....
Click to expand...

At least when the PD becomes current they can get GC really fast since all processes have been done.

For those people who did not have chance to submit I485, when PD becomes current, they need to wait for the whole I485 cycle which can be from 6 months to years.
 
Gee!See? said:
Of the available posts, only OSHOGG has provided dates so here is your situation :
As per Jan 2006 Visa Bulletin, EB2/India has a PD cutoff on Jan/1/2001. This means anyone with an EB2/India case who has a PD of Dec/31/2000 or earlier can be approved. OSHOGG, you have a PD of May/2001, so you will need to wait till the PD cutoff for EB2/India becomes June/2001 before USCIS can grant you approval. So, to answer your question - yes OSHOGG you are affected by retrogression .......

Cheers !!
Click to expand...

Thank you for your detailed analysis. This is really helpful. As per the February 2006 Bulletin, EB2 has moved to 01AUG01. My priority date is May01. So, does that mean that I should not have issues with retrogression now?

thanks,
Osho
 
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