PD Issue !

A

alpha beta

Registered Users (C)
My Details :
PD : 10/99
Country : India
Category : EB3
RD : 6/29/2001
ND : 8/17/2001
FP : 11/27/2001

The PD got current from 1st July, 2001. But my lawyer sent the 485 package on June 28th, 2001 since July 1st was a Sunday. Will this create a problem for me later as the RD is June 29th, 2001. My lawyer says that if would be a problem then INS would have rejected it rightaway. But it accepted the packet, issued EAD, AP and FP notice. So, it\'s not a problem. Any help on this is highly appreciated. Thanks a lot !
 
Not to Scare u but..

Your RD is before ur PD is current. Read this post"485 Rejected for Spouse". Chances are INS might come back to you saying when u filed ur PD was not current. Ask your lawyer to call IIO and speak now to sort things out. Don\'t worry too much. All the best.
 
How ??

Can you please tell me that at this stage, what can be done to sort out things ? I asked my lawyer and he is adamant that there is nothing to worry. But since I read the other case on this board, I am little sceptical about this whole thing. Thanks a lot for your response.
 
I don\'t know.

With INS you cannot predict anything. Maybe you can speak to an IIO and ask them if everything is OK with your case. In my case,me and my wife\'s 485/EAD/AP RD: July 16th, 2001.
We got all our receipts in September 1st week. Got EAD\'s on September 10,2001 and then on October 6, 2001 i got six notices from INS saying that the payment was not received and the bank returned the checks. How can they approve the EAD\'s without receiving the payments. Finally lawyer said it was the banks mistake and sorted it out with INS. Now my AVM says ur payment of filing fee was received October 4, 2001 and AP got approved recently. But somewhere in the back of my brain i have a worry about my 485 now.
 
Talked to my lawyer !

I sent an email to my lawyer describing the case of "Spouse I485 rejection" on this board. He just wrote back to me saying that EAD/AP/FP for both me and my husband would not have been issued. It would have been rejected right away. I don\'t know what to to. Maybe just pray and keep my fingers crossed. Thanks a lot, anyways.
 
Dont know...

Look at my earler posting...
cool-guy "485 Rejected for Spouse...!!" 11/5/01 1:31pm

EAD was also issued for her earlier, immediately after applying 485, eventhough she did not use it. So your lawyer\'s arguement is still incorrect. I dont know which way INS will decide on your application...I was also thinking in the same lines when she got EAD and then called for FP also...we never thought they would wait for a year and then deny the case...!
 
Some information

I would like to share a bit of information as it happened to someone known to me. The 485 was applied before the priority dates became current. INS did issue advance parole, EAD . However at the time of interview at the INS office in Baltimore the applicant& wife were both informed that as the application was made before the dates became current their application would be refused and that they would have to make a fresh application for adjustment of status.
      Your lawyer ofcourse would be more informed than me but I am just relating from a case I came to know first hand.
  All the best to you
 
I may have a similar problem.

Well, guess what? I did the same. My PD are 12/99 and i applied for 485 on 06/19/01, while my PD went current on July 1st. I\'ve recieved my EAD, AP approval and FP notice recently. I wonder if they will make me reapply fro my 485 too as i applied ahead of time. I think i will forward this post to my lawyer as well and see what he has to say. Lets hope it does not cause any problems.

hope99
 
I did the same

Visa bulletin for July 2001 comes out in June 2001. So I applied on 6/28/2001(RD). Dosen\'t everyone do the same?
Do you apply as soon as your date becomes current or you wait till the end of the month to apply?
 
The visa bulletin comes in the current month..

giving the dates of the next month...so when they say that PD for EB3 is current in the June Bulletin means starting July 1st the PD is current and will be current until July 31st.
 
Just hope everything will be OK

There is nothing I can do now. I am also hoping that INS reviews case by notice date. In my case notice date is 8/17/2001. Encouraging news is that PD\'s will remain current in 2002 by which time I hope my GC will be approved.

BTW I has posted question in other thread here\'s the link
http://www.immigrationportal.com/WebX?230@@.efcac43
 
Alpha beta, gopats, here\'s some info that may be useful.

Hey guys,

Since i\'m in the same boat as you (applied for 485 end of june when dates became current in july), i thought this might be of some use to you as well. I was a bit concerned after reading this thread so i called up the IIO this morning to check what she adviced. I told her that i had applied on the 19th of june for my 485 and did not realize that my PD dates were not going to be current until the 1st of july, would that mean that they would reject my case or send me an intent to deny on the grounds that my PD were not current at the time of application. She said, it would totally depend on the officer who handles the file but it should not be a problem. If it were they would have sent the file back without ever sending out the reciepty notice, ead, ap or FP. I did mention to her about what someone who had posted a similar experiance and they had to send their application again after 6months due to this. I told her i would not like to waste another 6mths to find out i need to apply again. At that point she asked me to hold and came back after 5 mins and said that she had talked to her team lead and they did not forsee any problems at that time, she said since there is only a week\'s difference it would be ok. The IIO was very helpful and co-operative. Please feel free to ask if u have any questions.

good luck to all
hope99
 
Hope99, Thanks a lot for your info !

I had written to my lawyer about the same. He said that he does not foresee any problems. But he will investigate further and then get back to me. I am still waiting on him. As soon as he gets back to me, I shall post his response. But once again, thanks a lot for this info. It\'s very relieving !
 
QUITE WELCOME ALPHA BETA.

I THINK WE SHOULD KEEP IN TOUCH WITH EACH OTHER, WHEN WE COME CLOSE TO OUR APPROVAL DATES. I HOPE AND PRAY WE DON\'T HAVE ANY PROBLEMS
 
Thanks alpha beta, hope99

hope99 thanks for the info. My company\'s immigration department is going to speak with the lawyer and decide the best course of action. I shall know sometime mid next week. I will post info.

If anyof you get approval please post in this web site
 
No Title

sounds good Gopats, please keep us in the loop with what u find out from the lawyer. I think its going to be awhile before we see an approval but lets hope everything goes smoothly.

Good luck
hope99
 
Re:

Immigration department manager tells me don\'t do anything. He says since you have received FP notice and EAD and AP them seem to have accepted the application. I guess I would just leave it to luck.

Anyway if both of you(hope99 and alpha beta) get any more info please post. I will do the same.

Good luck
 
Gopats, who is the immigration dept. manager???

Well, at this point there is nothing much we can do but wait and watch. Let\'s keep our fingers crossed that they don\'t get into the details of the reciept date and only look at the notice date for now. Will let the two of u kno if i hear anything in the days to come and you do the same. Good luck with everything.
hope99
 
For Hope99 & GoPats !

My lawyer is recommending filing 485 again. He says that there are chances that INS may not bother about it. At the same time, he cannot guarantee that things will go smooth. I don\'t know what to do. At this stage, I have already lost 5 months. I am not sure what to do. What are you guys planning to do ?? My emai addr is : alpha_beta100@yahoo.com. Please try to reply back.
 
You must log in or register to reply here.
Top