PD Not Current. Case Assigned to Officer. Is there any hope?

P

PainCard

Registered Users (C)
My Priority Date is not current but I saw a recent LUD on 10/23/07 for my and my spouce's case.

After seeing LUD, I couldn't resist & talked to multiple TSC IOs during last couple of days. According to both IOs, my case is with Officer and officer is working on it.

I found out in the month of June via various TSC IOs that my case is pre-adjuicated with all checks cleared just waiting for visa number.

Now, I read it in one of these forums that if the visa number is not avilable, case will not be assigned to officer. So, now, it is really puzzeling for me.

Is there any hope for guys like me with EB3-India & PD not current.

Thanks
 
interesting

This is something NEW!

U never know how USCIS works!
May be soon yr PD is going to be current.

************

PainCard said:
My Priority Date is not current but I saw a recent LUD on 10/23/07 for my and my spouce's case.

After seeing LUD, I couldn't resist & talked to multiple TSC IOs during last couple of days. According to both IOs, my case is with Officer and officer is working on it.

I found out in the month of June via various TSC IOs that my case is pre-adjuicated with all checks cleared just waiting for visa number.

Now, I read it in one of these forums that if the visa number is not avilable, case will not be assigned to officer. So, now, it is really puzzeling for me.

Is there any hope for guys like me with EB3-India & PD not current.

Thanks
Click to expand...
 
It is good but No guarantees. My case was assigned to Office in 2005 when It was current. Could not be processed because of NC pending. Later got into Retro. Now I am current since jun/Jul 07...still no GC.
 
Spulla

Is your namecheck cleared?

Mine got cleared in 2004 itself. The thing which I don't understand is why would the pre-adjucated case assigned to officer if PD is not current for Oct & November.
 
Pre-Adjudication means only that all NC/background checks are clear and no RFEs required. But still if visa bulletin is not current then no visa# is available and they wont approve even if its pre-adjudicated until visa# is available

we are all in same boat here
 
I agree

I 100% agree.

But, I was under the impression that if PD is not current, then case will not be assigned to officer.

Also, are you guys also seeing recent LUDs in october?
 
Mine assigned on 09/26/07

My PD is 12/2002 EB3 all checks are cleared, case was assigned to the officer a month back.

Spoke to IO last week will hear in next 60 days(doesn't mean will have approval).

Just hope for the good.
 
hi paincard,

I found out on 4th of this month that my NC was finally cleared in July 07. Still no signs of Approval.
 
LUD on my case on 9/26

I seen LUD 2 days(9/25 & 9/26) then called TSC to find out whats going on, the IO mentioned that the case is assigned to the officer and everything is clearted though my PD is not current and my case is pre-adjudicated.
 
I'm also in the same boat. Had two LUDs on 10/22 and 10/23 for both mine and spouse's 485s. Immedietely called TSC to find out by the IO that the case has been assigned to the officer. IO told to wait for another 4-6 weeks to hear something from them.

Hope in the next bulletin, we'll all be current.
 
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Here are my theories....I may be wrong

Theory # 1 : Now, it is obvious that USCIS had assigned all the visa numbers on or before July 2nd for old cases (Irespective of expired FPs or NC cleared). They kept on approving cases till end of september where everything was getting clear(FP, NC, Security checks, etc) and visa numbers was assigned.

Now, there are cases where visa numbers were assigned but NC is not clear. USCIS was going to annouce some policy decision to approve these cases in october but they decided not to implement it without any law changes to play it safe. So, now either they have to waste these visa numbers if NC is not cleared within 120 days of July 2nd (Keep in mind, USCIS has 120 days to finish administrative work on case after the approval) or use it for other applications which are ready to be approved.

Applications like ours (mine) did not get a visa number on July 2nd since visa numbers were run out. Now, if USCIS decides not to waste the visa numbers, they have till end of this month (120 days from July 2nd) to use visa numbers from applicants whose NC is pending.

Theory # 2: Our priority dates may be becoming current in Dec 07 & USCIS may be proactively working on cases to get them ready for approval in December.


Apart from above 2 theories, I do not see any reason to waste Immigration officers time (when they have tons of applications from July-August to work on) by assigning cases to them that are pre-adjucated & all the checks are cleared but PD is not current.

This may be wishful thinking on my part but hey, nothing wrong being a positive thinker!!!
 
I think, this is the indication that your priority date would be current in Dec 07 visa bulletin. VB bulletin will be out in next one or two weeks and they normally work in advance.


PainCard said:
My Priority Date is not current but I saw a recent LUD on 10/23/07 for my and my spouce's case.

After seeing LUD, I couldn't resist & talked to multiple TSC IOs during last couple of days. According to both IOs, my case is with Officer and officer is working on it.

I found out in the month of June via various TSC IOs that my case is pre-adjuicated with all checks cleared just waiting for visa number.

Now, I read it in one of these forums that if the visa number is not avilable, case will not be assigned to officer. So, now, it is really puzzeling for me.

Is there any hope for guys like me with EB3-India & PD not current.

Thanks
Click to expand...
 
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Let's see what happens!!!

If I see approval before December, Theroy # 1 is correct,

If my PD becomes current, Therory# 2 is correct.

If none of the above two happens, we would know that there are no proper procedure in place at USCIS & it would be waste of time to analyze them. If my application is not approvable due to no visa numbers, I would like USCIS to work on cases where all checks are cleared & visa number is current. If this is not the case then it's a shame!!!
 
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