Priority date will be re-instituted starting Jan. 2005

confused....

Hi, I'm sorry but I am confused: My PD as mentioned on my I140 is 5/28/02. Now, my I485 ND is 1/8/2003. Does it going to have any affect on the processing time? I mean, if they are officially processing 5/31/2002, and my PD is prior to that, does it mean I am going to see an approval soon? I am not sure, because I have not received FP2, and no RFE yet.....please advise,

Thanks all,
 
getit said:
Per the info you guys provided, can somebody give me some suggestions on my case?
Both my wife and I filed I140 and I485 in Dec 2002 and had FP2 done on Aug. 19,2004(I am primary applicant). We have been using H1B and never applied EAD. My wife applied her LC and got approved in this Sep. (EB3).

We are in dilemma status. Not sure if we need to file her I140 and I485. If we file her I140/485 now, it is very possible that our cases will be approved soon and waste of money. If she doesn't file, there is a possibility that our current I485s have some issues and got delayed or denied(I know unlikely, but...) but her LC is EB3 and will be back to 2002. If some unexpected things happen and whe wants to file again next year, maybe we have to wait a long time for catogary.

I appreciate your inputs!
Click to expand...

I would say do file her I-140, but with CP option. This will be a nice backup, and many lawyers do suggest if you are to file a second I-140 go with the CP option if the first is filed with I-485. Plus you get to save the filing fee for I-485.
 
gvaknin said:
Hi, I'm sorry but I am confused: My PD as mentioned on my I140 is 5/28/02. Now, my I485 ND is 1/8/2003. Does it going to have any affect on the processing time? I mean, if they are officially processing 5/31/2002, and my PD is prior to that, does it mean I am going to see an approval soon? I am not sure, because I have not received FP2, and no RFE yet.....please advise,

Thanks all,
Click to expand...

The official processing dates dates refer to the ND of I-485. As your ND is 1/8/2003 you still have to wait. Don't go by the PD.
 
gvaknin said:
Hi, I'm sorry but I am confused: My PD as mentioned on my I140 is 5/28/02. Now, my I485 ND is 1/8/2003. Does it going to have any affect on the processing time? I mean, if they are officially processing 5/31/2002, and my PD is prior to that, does it mean I am going to see an approval soon? I am not sure, because I have not received FP2, and no RFE yet.....please advise,

Thanks all,
Click to expand...
No, you priority date of 5/28/2002 mean,s that's when your application will be current. What that means is there are no more people prior to 05/28/2002 that needs a visa number for your category. That means you are eligible to file 485. In the past they used to allow filing 485 only when your date is current. Since employment categories became current sometime Apr'2001 and with the new concurrent filing system everyone seems to have forgotten or atleast some weren't aware that there used to something called priority date. Now in your case say PD retrogresses to 06/01/2002 in your category what that means is your 485 is eligible to processed, so it will take as much time as it takes for NSC to process 485. Now that said since NSC processing date says 05/31/2002 with some people falling out of line because they are not current yet, it will increase the chances of your application getting approved sooner than before. On the other hand if PD moves to 1/2/2002, your processing time may increase, not that it will increase, it may. It all depends on how long it takes to catch upto your date to become current, how many applications are ahead of you etc. Atleast one good thing with this is, we will probably not see late 2003 and early 2004 approvals assuming they will generally have a PD somewhere in beginning 2003 or mid 2003. Again there could also be a situation where filers in 2003 were from a region where there is a long waiting time for LC. I am from Chicago area and my labor (RIR)through in 4.5 months, but that may not necessarliy be true for others.
 
Does any one know or have an idea of generally how long does it takes to catch upto to date to become current, lets say presently PD is July 2002 , how long does it could take to catch to PD Feb 2003, ( 6 months), I belive old timers could answer this, because they used to have this problem in old days, before 2001.
 
If you look at the past data and see how the pridority dates moved, you can see wide fluctuations. The people who are greatly affected would be the EB3s with 140 not yet adjudicated. :( Atleast if they adjudicated 140, one can look at AC21.

MM-YY EB2 EB3
------------------------
Mar-99 Sep-97 Feb-96
Apr-99 Nov-97 Apr-96
May-99 Jan-98 May-96
Jun-99 Oct-98 Sep-96
Jul-99 C C
Aug-99 C C
Sep-99
Oct-99
Nov-99
Dec-99 C C
Jan-00 C C
Feb-00 C C
Mar-00
Apr-00 Apr-99 Feb-97
May-00 Apr-99 Feb-97
Jun-00 Jun-99 Feb-97
Jul-00 Aug-99 Feb-97
Aug-00 Sep-99 Feb-97
Sep-00 Nov-99 Feb-97
Oct-00 Nov-99 Feb-97
Nov-00 Nov-99 Feb-97
Dec-00 Jan-00 Mar-97
Jan-01 Jan-00 Mar-97
Feb-01 Apr-00 May-97
Mar-01 Jul-00 Sep-97
Apr-01 Nov-00 Feb-98
May-01 C Jul-98
Jun-01 C Jan-99
Jul-01 C C
Aug-01 C C
Sep-01 C C
 
sertra2002 said:
I would say do file her I-140, but with CP option. This will be a nice backup, and many lawyers do suggest if you are to file a second I-140 go with the CP option if the first is filed with I-485. Plus you get to save the filing fee for I-485.
Click to expand...
Thank you for your reply. After she filed I140 and get it approved, can we go for CP for both of us? Do we have to go back to China for CP?
 
getit said:
Thank you for your reply. After she filed I140 and get it approved, can we go for CP for both of us? Do we have to go back to China for CP?
Click to expand...

You need to select CP option when you file I-140. Yes, both of you and if you have any non-US citizen kids, will be called for CP interview in your home country, China. If you need more info. on CP you can go to the Consular Processing forum.

http://www.immigrationportal.com/forumdisplay.php?f=41
 
I talked to my attorney. she said, If the PD retorgressed, generally it will take 1 year to become current again. But now it will take 2-3 years to become current because of current situations( political, economical and security) and she also told if Bush Stays in office, then it will be more strict in future. Hope kerry wins.
 
jambalakadi said:
I talked to my attorney. she said, If the PD retorgressed, generally it will take 1 year to become current again. But now it will take 2-3 years to become current because of current situations( political, economical and security) and she also told if Bush Stays in office, then it will be more strict in future. Hope kerry wins.
Click to expand...

I don't understand how political and security situations can effect PD. Economic reasons, yes, because if economy is good it will result in more hiring, so more green cards etc, but I fail to understand how Bush or Kerry has any influence on PD.

Also we are in the 'past', by that I mean most of the old timers (have waited 18-36 months) must have a PD either 2001 or early to mid 2002. So the impact on them would be minimal compared to those that did their Labor in late 2002, 2003 or 2004 and in future. That's just my opinion. I think this whole PD thing is another 'great' uncertainity dimension on top of just the regular processing time as if we didn't have enough before.
 
MXC,

Makes sense. Thanks for clarifying. Now all is left to do is where the processing day goes once is based on PD.

best,
 
Priority Date will be re-instituted starting 01/2005

Hi United Nations,

This PD will have any problem, if we completes the
FP, 140 not apporved. Labor priority is 10/28/02.
Can you please clarify on this?
 
Is this priority date correct?

Mine is a labor substistute filed for I 140 in March 2003, but my I 140 approval is showing priority date August 2001. Is this correct? If they consider priority dates are they going to change mine?

Thanks.
 
Last edited by a moderator:
01-JUL-2002 is the Date

All applicants with PD after Jul-2002 chillout and forget about your I-485. worry about you Labor approvals,I-140 approvals, EAD's ,AP's and H1-b 7th year extensions. they are going to retrogress to 01-JUL-2002. They wont be current until 2007.
 
Source for info

Hi jambalakadi

Can you please point to the source of the information you got..

--at200
 
jambalakadi said:
All applicants with PD after Jul-2002 chillout and forget about your I-485. worry about you Labor approvals,I-140 approvals, EAD's ,AP's and H1-b 7th year extensions. they are going to retrogress to 01-JUL-2002. They wont be current until 2007.
Click to expand...

..and the source of your information is ???
 
Please let us know the source of this info

jambalakadi said:
All applicants with PD after Jul-2002 chillout and forget about your I-485. worry about you Labor approvals,I-140 approvals, EAD's ,AP's and H1-b 7th year extensions. they are going to retrogress to 01-JUL-2002. They wont be current until 2007.
Click to expand...

Please let us know the source of this info !!!
 
Pririty Date for RIR

What happens if your case is RIR for Labour Certification. Will the PD be different for RIR and Non RIR cases as the are in the SESA and DOL?
 
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