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

F

fast_gc_seeker

Registered Users (C)
We are all aware of Priority Date Retrogression effective Jan 01, 2005 for EB3 applicants from India,China and Phillipines. I thought of starting this thread for tracking the progress of such EB3 applicants.Please post your comments in this thread only if you are EB3 applicant and are affected by Priority Date Retrogression.. If you don't know what Priority Date Retrogression is please check following thread.

http://boards.immigration.com/showthread.php?t=149322

Thank You.
 
i am in the same boat

We are in for a long wait i guess.
The EB3 applications will be in dormant stage and using AC-21 will be the only
escape i guess.
My 485 ND: 12/13/2004. My 140 is already approved(got in 2 weeks :) ).
Srinivas
 
I got my i 140 approved -october 2004 and my FP is over -November 20th.
I filed my I-140 and 485 thru concurrent filing.My used a pre approved labor (as my previous labor certification was having some problem).
Am I affected by new PD rule.Most of my friends and colleagues got their I485 approved who filed a month earlier than me.I was expecting mine very soon but until I read about the confusing new rule.Please clarify me if I am affected by that.
Thanks and apprciate your suggestion
 
Affected party

PD: 03/21/02
I-140 - Approved
I-485-RD-11/01/02
Currently on 2 nd EAD and got the 3 rd one approved.
Second FP done on 10/28/04.

Don't know how long will it take the PD to come to March from Jan-2002.
2 months, 4 months, 6 months....... don't know...

Puzzled !
 
The only +ve sign for all of us affected by this Priority Date Retrogression is the fact that the state department issues visa bulletin around 15th of each month in which it lists the PD's for next period. We can just pray that when such bulletin is issued on Feb 15 we'll have some good news :mad:
 
I'm in the same boat. RFE is issued, haven't got the RFE mail yet. I should be able to respond to it within a week and then hopefully they will not hold approval till my PD is current.
 
I am also on the same boat.

PD: 09/2002.
140 AD : 03/2004
I-485 RD : 05/2004
EAD AD : 10/2004.
FP : 07/2004

I am currently working on H1. I plan to switch job on EAD using AC21 rule will it be a problem?? Will i be issued an 2nd EAD on 07/2005 if the priority dates then were not current for my case (09/2002)..???

PLease suggest. I have an job offer and I am completely confused whether this retrogression rule will affect me.

Please suggest.
Thanks for your time.

Thanks
 
Last edited by a moderator:
GCDream05 said:
I am also on the same boat.

PD: 09/2002.
140 AD : 03/2004
I-485 RD : 05/2004
EAD AD : 10/2004.
FP : 07/2004

I am currently working on H1. I plan to switch job on EAD using AC21 rule will it be a problem?? Will i be issued an 2nd EAD on 07/2005 if the priority dates then were not current for my case (09/2002)..???

PLease suggest. I have an job offer and I am completely confused whether this retrogression rule will affect me.

Please suggest.
Thanks for your time.

Thanks
Click to expand...
Priority Date Retrogression means no new 485 applications will be accepted. Pending 485 will be processed when their PD's become current and EAD's/AP's will continue to be renewed for all pending 485's. Hope this helps all.
 
Not sure it's good news

Couple of people in EB3 got approval this month with the PD > Jan-2002. I saw this in rupnet.com. Not sure what's happening.....
 
i saw a couple of EB3 folks (recent PD) getting RFE's on 485 today also -- that means their 485's continue to be adjudicated right?? --- so the retrogression has not set it yet?
 
Thanks Fast_gc_Seeker for your quick response.
I understand I-485 will not be processed till PD becomes current.
I want to ensure that dependant forms:
EAD will be renewed?
New Advance Parole application will be processed? Even in the interim when my PD is not current..... please confirm
If so, then i need not worry about EAD renewal and can swith job.


Thanks.
 
GCDream05 said:
Thanks Fast_gc_Seeker for your quick response.
I understand I-485 will not be processed till PD becomes current.
I want to ensure that dependant forms:
EAD will be renewed?
New Advance Parole application will be processed? Even in the interim when my PD is not current..... please confirm
If so, then i need not worry about EAD renewal and can swith job.


Thanks.
Click to expand...
EAD/AP renewals will continue and its not affected by Priority Date Retrogression.
 
nsc_green_card said:
Couple of people in EB3 got approval this month with the PD > Jan-2002. I saw this in rupnet.com. Not sure what's happening.....
Click to expand...

MJ23 said:
i saw a couple of EB3 folks (recent PD) getting RFE's on 485 today also -- that means their 485's continue to be adjudicated right?? --- so the retrogression has not set it yet?
Click to expand...

This is interesting. Gurus like RealCanadian,Ginnu any comments on this?
 
fast_gc_seeker said:
This is interesting. Gurus like RealCanadian,Ginnu any comments on this?
Click to expand...

Well, there's nothing preventing an RFE from being issued when the PD is not current, so this wouldn't surprise me. The cases were on the ajudicator's desk so they might as well deal with them.

Regarding approvals, I would be extremely hesitant to make any assumptions this early into the year. Let's say we have an ajudicator who near the end of the day on Thursday/Friday (whatever day they were open) has a half dozen cases that all can be approved. He doesn't want to have to deal with them again, so he requests a half dozen visa numbers from DOS on 12/30 before he goes. That's legal. The paperwork then gets completed on January 3rd or 4th. As well, keep in mind that it takes a day or two for approval status to go into CLAIMS and for approval notices to be generated, so what you might be seeing on January 3rd or 4th are cases that were really approved on December 30th and 31st.

Let's see what happens next week.
 
Our 485s approved with Priority date 10/18/2002 (EB3-India)

I received the two approval emails, yesterday one for myself and the other one for my wife (i am hoping they are real approvals).

I kind of agree with Real Candian's theory, though wait and see.

tiger2004
--------------------------
140/765/485/EB3/India (ND: 11/18/03)
140 AD: 06/09/04 (after RFE response)
EAD: 07/10/04
FP1: 11/16/04 (LUD: 11/22-FP Recd, 11/23, 12/08 and 01/05-Approval)
485 AD: 01/05/05
 
tiger2004 said:
I received the two approval emails, yesterday one for myself and the other one for my wife (i am hoping they are real approvals).

I kind of agree with Real Candian's theory, though wait and see.

tiger2004
--------------------------
140/765/485/EB3/India (ND: 11/18/03)
140 AD: 06/09/04 (after RFE response)
EAD: 07/10/04
FP1: 11/16/04 (LUD: 11/22-FP Recd, 11/23, 12/08 and 01/05-Approval)
485 AD: 01/05/05
Click to expand...
I hope we see more of such approvals.

All - Please do post your approvals/LUD's/FP's if your PD > Jan 01, 2002
 
Hope there will be more approvals/EB3

For all who got their approvals after 1st Jan, Congrats.

We are all waiting eagerly.

Whoever started this thread did a great job, lets keep it live.

Feed in more info.
 
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