Priority date and Current processing date

M

msstl

Registered Users (C)
I read how the Priority Date works. Now the question is, once the priority date becomes current (I have filed I485 before retrogression took place), how does the Current processing date for each center effects.

For example, I filed my case in Aug 2003 and currently the current processing date for Nebraska is Sep 2002. Do I have to wait until, this current processing date for Nebraska moves to Aug 2003. How does Case type (EB1/2/3) effects once the priority date is current.

Thanks in advance
 
msstl said:
For example, I filed my case in Aug 2003 and currently the current processing date for Nebraska is Sep 2002. Do I have to wait until, this current processing date for Nebraska moves to Aug 2003.

You got it buddy ! The primary date you should be concerned about if you are waiting for your I-485 to be processed is ALWAYS the Service Center processing date. If this date becomes closer to your 485 filing date, THEN the next date that comes in the reckoning is the case priority date - if the priority date is not current, then the 485 should remain in a pending status (if it is deemed to be approvable) until it becomes current. If the priority date is current, then the 485 can be approved.

Like for example in your case you would typically have to wait till NSC comes close to adjudicating cases filed on or before Aug 2003. I say "typically" because as all of us have observed in this forum, it is no way mandatory...there have been cases where people have received adjudications well before the published processing dates so you can never say for sure; but normally this is the agreed processing flow.

How does Case type (EB1/2/3) effects once the priority date is current.

The employment based preference system gives preference to cases in the order EB1->EB2->EB3

Thanks in advance
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Disclaimer: I'm not an attorney, just a smart alec ;)
 
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