Priority Date Retrogression: Read This before Freaking Out

I am not a statistics person, but tried to put some USCIS statistics figures to make sense. I started with a goal of how the priority dates might move in future. But still could not perform due to lack of data.


Couple of things i noticed, the priority dates of EB3 would move for India, China depend's on

1. Priority dates might move every quarter (January, April, and July. October)
2. If the inflow of (485 application whose priority dates is before January 2002) is less than the new visa numbers (35K) created every quarter. The priority dates might move faster than a quarter, (Ex. Per month)
3. If anyone who is eligible to file under EB2, It is better to file in EB2 rather than EB3.
4. EB3 is over sub-scribed since 1999 to 2003. The movement of Priority dates in future will primarily depend on the
a. DOL backlog reduction of labor certification whose dates were before Jan-02.
b. Demand for other categories such as eb1, eb2, eb4, eb5.
c. Demand of Visa numbers by countries other than India, china.

All these factors will directly affect the priority dates.

triedddddddddddddd,,,,,,,

If there is a Statistician in the forum, he can draw some conclusion. This will be helpfull for people like me in many ways. Ex. Changing their strategy in 485 processing.....Eb1,Eb2.... How long it will take ....etc
 
PD on LC substituted case

I filed my I-140/I-485 concurrently using LC-substittution in EB3 in Nov 2002. The PD in approved I-140 shows original LC filing date of 7/2000. I hope USCIS considers the original filing date as my PD for the pending I-485.

Incase, if it doesn't , I want your opinion, as I have got my original labor approved 4 months back which is eligible for EB2 and filed in 11/2001.

Which is the best option?
1\ File another I-140 and I-485 with the original labor and start afresh in EB2
2\ Attach my original labor PD of 11/2001 to my pending I-485[EB3 LC subs].
3\ Wait till the PD dates progress to I-140 filing date
Any advantages/disadvantages with the above options?


I-485 CSC WAC-03-031
 
Last edited by a moderator:
Question Everybody

My state labor was sent in April 2002 and and state and federal labor were approved in May 2003 (EB3). Knowing that the visa dates were going to retrogrss i mailed my I-140 and I-485 concurrently yesterday. What would be my priority date April 2002 or Dec 2004 and how would they process it ?
thanks,
dookie_mumbai
 
Yes. I did make a mistake by not filing for my I-140. I did have to take care of some issues at home (India) before proceeding. However now that i have filed what would be my priority date.
thanks
 
so what is the verdict on LC subc

What is the PD? Is it to the discretion of the Immig. Officer or is there a rule stating that date of filing LC is the PD no mater what.

I see 2 schools of thought on this thread. One believes it will be the filing date of 140 the other argues that it will be the 140 filing date. I hope it is the later.
 
gcsoon2002 said:
Old regulation 8 CFR 204.5, says that priority dates are alien based and not transferrable for LC substitution cases
(TL:VISA-173 6/27/96)
http://foia.state.gov/masterdocs/09FAM/0942053X2.PDF [see pg 1]

However the new regulation says PD is based on original LC date for substituted case and not based on I-140 filing date
(TL:VISA-313; 08-27-2001)
http://foia.state.gov/masterdocs/09fam/0940051N.pdf [see pg 6]
Click to expand...

How did you find these docs? could you send me the index url

Thanks
 
Originally posted by california_gc

so what is the verdict on LC subc
--------------------------------------------------------------------------------

What is the PD? Is it to the discretion of the Immig. Officer or is there a rule stating that date of filing LC is the PD no mater what.

I see 2 schools of thought on this thread. One believes it will be the filing date of 140 the other argues that it will be the 140 filing date. I hope it is the later.
Click to expand...

Drinking and posting is prohibited in this forum :p
 
any thoughts from gurus?

To beat the retrogession deadline, should 485/EAD/AP application package reach USCIS before 01/01/05 OR the 485 beneficiary should have a receipt number issued by 01/01/05?

Any expert comments?
 
I485 RD question?

My PD is Aug 2002 and I am in the EB3 category. So I am going to be affected by the retrogression. My LC is already approved. And my I140 was just approved this week. I am trying to hurry up and get the I485 application in, so that I can get an EAD for my spouse, AP etc.

Since we had such a short time available to get stuff ready, my lawyer is going to mail the application todat and CIS will get it tomm (Dec 30). They are closed on Dec 31. I have 2 questions

1. Will Dec 30 count as RD for my I485 and so will I get EAD/AP even though my application will sit on a shelf until PD becomes current?
2. If some part of the I485 application like the meds are missing, does CIS reject the application or accpet it and then send an RFE?

Thanks!
 
pdxbuysell said:
My PD is Aug 2002 and I am in the EB3 category. So I am going to be affected by the retrogression. My LC is already approved. And my I140 was just approved this week. I am trying to hurry up and get the I485 application in, so that I can get an EAD for my spouse, AP etc.

Since we had such a short time available to get stuff ready, my lawyer is going to mail the application todat and CIS will get it tomm (Dec 30). They are closed on Dec 31. I have 2 questions

1. Will Dec 30 count as RD for my I485 and so will I get EAD/AP even though my application will sit on a shelf until PD becomes current?
2. If some part of the I485 application like the meds are missing, does CIS reject the application or accpet it and then send an RFE?

Thanks!
Click to expand...

please look at this doc, it clearly say's : if your application received on or befor 30th December 2004 by VSC, you should be fine.

http://www.aila.org/fileViewer.aspx?docID=17148

Thanks
CA98
 
Hi Gurus,
Please suggest asap.
My priority date is Sept 2002.
I have I-140 Approved
I-485 applied for myself and wife MAy 04
EAD Reciept Date Oct 2004.

I did not apply for our Advance Parole? Will i be denied Advance Parole now due to the new rule, if i apply for it now.
If i do it tomorrow 12/30 will it be accepted then??
PLease reply asap.

Thanks
 
Please Help Gurus!!

My attorney just asked to resend the modified 485 forms which means that they will not be able to file before Dec 30th. I am in EB2 category (Masters). Will I be affected by the retrogression? Would appreciate if someone can reply as I am in a panic mode right now. Thanks!
 
Why do people keep asking the same question again and again

Only applicants who will be affected by the Priority Date Retrogression are ….

EB3 Applicants from India, Mainland China and Philippines.
 
MA_Labor said:
Only applicants who will be affected by the Priority Date Retrogression are ….

EB3 Applicants from India, Mainland China and Philippines.
Click to expand...

MA_Labor, your time and reply are greatly appreciated! Thanks.
 
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