Ponder this.

J

joinedisn

Registered Users (C)
Now as the PD\'s are current all the 140 approved people are ready to file 485. We all have heard about the
   mailroom backlog at VSC. PD is current for the month of July that means July 1st to July 31st, 2001. Say PD\'s
   for august retrogress and go to July 99.

   Consider this scenario : Mr. X has a PD of Jan 2000. Sends I-485 to VSC on July 15th, 2001 as his PD is
   current. VSC never opens his application and never mails out a receipt with ND/RD due to mailroom backlogs.
   PD\'s retrogress in August and VSC finally opens the application sometime in August 2001. VSC looks at it and
   says the PD is not current.. What happens then ????? Isn\'t it interesting, me and my mind always thinks weird
   situations. Thanks to the way of INS.

   Gurus handle this please.
 
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VSC keeps track using receipt date for PD avail. or not purpose?

You will get receipt with RD: Jul 15th and ND: 1-2 months later.

and in case the PD retrogress then the application will sit forever till the PD becomes current again.

Hope this helps.

In fact this is what the plan I heard someone mentioning.

Get everyone to 485 queue. And then they might pull the plug on PD.
 
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Thats correct. It is always the date they receive the application, your PD needs to be current. If you PD that becomes current from July 1st, and if you send the I-485 that reach INS on June 30, they have every right to Deny the application based the date they received.

Look at IRS too, all you need to do is get the postal mark on the tax filings before midnight on the last day.

Retrograting PDs: I also doubt the same, let every one file 485, and obviously you will run out of the extra GCs (unused from 1999 and 2000) then PD will retrogress, not just EB3 but for EB2 also.
 
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check this in http://travel.state.gov/visa_bulletin.html

EMPLOYMENT-BASED PREFERENCE CATEGORIES:

All categories have become "Current" for July, and are expected to remain so for the remainder of FY-2001. The cut-off date movement in all oversubscribed
categories has been extremely rapid during the past year. This is because the FY-2001 limit is approximately 50,000 higher than normal, and legislative changes
removed the per-country limitation if there are otherwise unused Employment numbers available.

All categories are expected to remain "Current" for the foreseeable future.
 
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