Priority Date Retrogression v/s 485 Approval

G

grinfo2004

Registered Users (C)
Fellows,

Does this mean if priority dates retrogress, already filed 485 cases would not be approved until the priority dates become current?

Chat User : What's the latest on priority date retrogression? How will it affect the RN community that just managed to apply for I-140 and I-485 together? Will it have any effect on approval of EAD?

Attorney : The retrogression of the PDs will have a major adverse impact on RNs since all new RN cases will not be able to file the I-140 and I-485 together when the PDs have retrogressed. There is a small chance that the U.S. Congress may pass legislation exempting nurses from the employment-based categories if hospitals and health care facilities lobby hard for some such measure. "The positive side of retrogression is that once a person has filed the I-485 and the EAD, a person is able to keep renewing the EAD year after year, even if the PDs retrogress or go backwards after the filing but new GC applicants cannot enjoy that same benefit."

Ref: http://www.murthy.com/chatlogs/chat1129.html

Thanks in advance for your invaluable info !!
 
grinfo2004 said:
Does this mean if priority dates retrogress, already filed 485 cases would not be approved until the priority dates become current?
Click to expand...

Yes, if:

+you filed in EB3
+you are a native of India, China, or possibly the Philippines
+the PD retrogresses to a date that is before your PD

Furthermore, my understanding is that people in this situation who haven't filed I-485's yet would not be allowed to do so (which means no EAD, no AC-21 etc.).

This topic has been discussed ad nauseum at this point -- search the I-485 forum for more info.

ETA
 
Realcanadian, Joef and other gurus.please answer

what happens in case of priority dates going back for the ones who have already approved but waiting for the passport stamping.

when the dec visa bulletin is out ( middle of dec), there might be few who have been approved but just waiting for the approval notice or infopass appointment. will they be stamped.?

Was curious as my lawer told me that priority dates have to be current at the time of stamping not at the time when the petition is approved.

Thanks
 
ETA-GC, thanks for the details! I guess it should work out fine for me, as my case is filed under EB2, native country - India. I do have a follow up question, which is not so relevant at this time but curious to know:

As my case is Labor Substitution (original priority date Nov, 2000), I-140 + Labor Substitution filed in Feb, 2003, what shall be my priority date?

Thanks once again !
 
grinfo2004 said:
ETA-GC, thanks for the details! I guess it should work out fine for me, as my case is filed under EB2, native country - India. I do have a follow up question, which is not so relevant at this time but curious to know:

As my case is Labor Substitution (original priority date Nov, 2000), I-140 + Labor Substitution filed in Feb, 2003, what shall be my priority date?

Thanks once again !
Click to expand...


Some people have suggested that the PD in that case would be the date I140 is filed, however i would like to point out this following fact:

My case is also a substitute labor, with labor approval on 08/1999. My I140 was filed in 09/2003 using the approved labor as a subsitute labor case.
On my I140 approval notice (AD 05/2004) the PD is mentioned as 08/1999 (The date the original labor was approved.)

Any comments?
 
Many have reported same.

adyav said:
Some people have suggested that the PD in that case would be the date I140 is filed, however i would like to point out this following fact:

My case is also a substitute labor, with labor approval on 08/1999. My I140 was filed in 09/2003 using the approved labor as a subsitute labor case.
On my I140 approval notice (AD 05/2004) the PD is mentioned as 08/1999 (The date the original labor was approved.)

Any comments?
Click to expand...
 
If I-485 is approved, passport stamping has no relation with PD.

You should be fine.

gcformt said:
what happens in case of priority dates going back for the ones who have already approved but waiting for the passport stamping.

when the dec visa bulletin is out ( middle of dec), there might be few who have been approved but just waiting for the approval notice or infopass appointment. will they be stamped.?

Was curious as my lawer told me that priority dates have to be current at the time of stamping not at the time when the petition is approved.

Thanks
Click to expand...
 
thanks usnycus.

Thanks for your reply.I was under the same immression and hope you r right not my lawer. it's just that I fear that it might be so close but yet too far.

I would like to get few more confirmation. or Please point me to the the link where this has been discussed.,

Thanks a ton again.
 
Thanks Adyav, after reading you posting I checked my 140 approval notice. The priority date in my approval notice is also mentioned as the original Labor Priority date i.e. November, 2000. I guess they are taking the initial date, and not the date of filing of 140 + Labor Substitution (02/2003)
 
how does this retrogression will affect Spouse case not approved but Primary applicant got approved? (Eg: spouse waiting to reply RFEs )Do they have to
wait for PDs until they become current
 
:confused:

Will I be able to submit my spouse's 485 based on my 485, which was subimitted a year back, even if the priority dates retrogresses ?

thanks
 
unitednations and other experts

When the visa bulletin comes which is around Dec-15, will the priority dates get into effect asap or on Jan-01-2005.
Pls respond...
 
jish said:
When the visa bulletin comes which is around Dec-15, will the priority dates get into effect asap or on Jan-01-2005.
Click to expand...

The dates in the visa bulletin take effect on the 1st of the following month.
 
Also if EB3 category for some countries run out of visa numbers in december (say by next 4 days) will they stamp PP and issue green cards for the ones who's 485 is aproved and awaiting 2 week period for infopass.
In short is PP stamping process driven by eb category and country of birth for the above scenario.
 
Last edited by a moderator:
I have the exactly the same concerns. I was approved yesterday (havent got the notices as yet). Got the PP stamping appointment for 21st as this was the earlies dates available. Will tey stamp my passport even if we come to hear that priority dates have gone back .

Realcanadian, Joef and any other Guru. Can you please comment & post the link where this can be confirmed.

Thanks a ton.
 
gsformat,

Congrats on your approval

priority dates to be current for filing I485 not for passport stamping
so are you are ok. Enjoy your moments and go for stamping without any other concerns

all the best
 
The BCIS can approve a case ONLY if a visa is available in the appropriate pool. Otherwise, your 485 will NOT be approved.

So all you guys who have been approved, have visas already allocated against your birth country. Therefore ...do not worry.
 
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