** Pending 485 Eb3 Cases Affected By Priority Date Retrogression **

FYI - an article on murthy.com

As regular readers of MurthyDotCom and the MurthyBulletin know, priority dates have retrogressed for EB3 professional / skilled workers from India, mainland China, and the Philippines. The dates have also retrogressed for all EB3 unskilled worker cases. Many people were able to file their I-485, Applications for Adjustment of Status (AOS), prior to retrogression's having taken effect, at a time when all priority dates were current and available. The same holds true for people who are processing their green cards through consular processing (CP) rather than AOS. Since a visa number must be available in order to approve an AOS or CP, these cases cannot be approved until the particular priority date assigned to the case once again becomes current. This leaves the question as to whether the U.S. Citizenship and Immigration Services (USCIS) or U.S. Department of State (DOS) will continue to take any processing action on these cases while the priority date is unavailable. The answer is yes.

If priority dates retrogress after the USCIS has received an AOS filing or the DOS has received a timely CP application, the USCIS or DOS may continue processing the case. For example, persons with pending I-485s, may be called for fingerprinting. This is not a cause for concern. It is also not necessarily connected in any way to the end of retrogression or the priority date becoming current at any point in the near future. It is just a routine part of the case that should be handled in a normal, routine manner.

Anyone with a pending AOS or CP application, who is contacted by the USCIS or DOS for further processing of any kind, whether fingerprinting, Request for Evidence, or any other matter, should respond to the request within the allowed timeframe to avoid a denial of the case. Assuming everything is in order, the case will then remain in pending status until it, hopefully, can be approved once the priority date becomes current.
 
Looks like processing dates for service centers are moving ahead rapidly. For ex: I-485 for VSC is moved to 01/29/04. The EB3 PD is still 03/01/02 which means difference of almost 2 years.


My guess is all service centers are moving ahead with pre-requisites for 485 processing like FP's, RFE[if any]. They will keep the files ready and once the PD for those cases become current they will approve it. This looks like a good sign. any thoughts on this by gurus like realcanadian,unitednations and others?
 
Interview over but visa was not issued

last week I attended interview for adjustment of status and interview went fine but they did not issue visa because my priority date is not current. (my priority date is 2-1-2003).

present cutoff date is 3-1-2002.
finally, after all aprovals my case sent to visa pending department and they will issue a vise (green card ) when my priority date becomes current., may be after a year.
 
fast_gc_seeker said:
any updates folks?

No idea what's going on. I was expecting a big movements in priority dates but that didn't happen. The next big movement can only be expected when the July bullentin comes out (new quarter). Until then it's going to move at the same pace :(
 
MA_Labor said:
No idea what's going on. I was expecting a big movements in priority dates but that didn't happen. The next big movement can only be expected when the July bullentin comes out (new quarter). Until then it's going to move at the same pace :(
why did u jump from april to july? i guess anything can happen anytime.
 
Anybody with similar status ?

Waiting for I 485.....

Priority date - Jan 8th 2002
Concurrent EB3, I140 & I485 applied on April 13th 2004
I 140 approved Dec 17th 2004

.....Waiting for I 485
 
fast_gc_seeker said:
why did u jump from april to july? i guess anything can happen anytime.

Just trying to keep my hopes not to high. Besides there was an atricle that said USCIS allocates unused visa number every quarter.
 
When can I file my 485

PD Sep-2002
I-140 approved on March,2005
NSC
I am wondering when can file my 485?
and the big question is when can that approve?
is there any advantage 1-140 approved?
Thank you
 
GCin2005 said:
PD Sep-2002
I-140 approved on March,2005
NSC
I am wondering when can file my 485?
and the big question is when can that approve?
is there any advantage 1-140 approved?
Thank you

When did you apply your I-140! Thanks
 
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