Priority dates announced EB3- 01 jan 2002 -china,india,philippines
- Thread starter IPC302
- Start date
sertra2002
Registered Users (C)
Well thats a killer for people like me. Looks like we have a loooooooooooooooooong wait ahead of us now. 
What is the FIFO order for 485 approvals? Is it based on PD or 485- RD or 495 PD?
That is people whose labor approved from slower processing states and file for 485 if PD is current, can they expect 485 approval before those who have filed 485 and waiting for approval assuming PD is not current?
Kb_Gc
That is people whose labor approved from slower processing states and file for 485 if PD is current, can they expect 485 approval before those who have filed 485 and waiting for approval assuming PD is not current?
Kb_Gc
kb_gc said:
I don't think there is any logic with NSC, if there was there wouldn't be people like nsc121901 waiting for 3 years while folks from late 2003 and even early 2004 are getting approved. While common sense says that it should be FIFO, this whole process is so full of crap that if there was any semblance of order you wouldn't see this happen. The only thing that changes with PD retrogression is if there is a case that is 'approval ready' it will not be approved until it is current. This indirectly could help backlogged cases, again this will only help so much, it is not going to eliminate the randomness totally. And also remember it is only with EB3 and from the three 'special' countries even though one could argue that vast majority of applications are EB3 and from these countries.
dave1234 said:I was going through interviews. What is the impact on AC21? Can I switch job with EAD and AP? Can I renew my AP and EAD while waiting?
Looks like you are a silent spectator of this forum.
There wouldn't be any impact on AC-21. As long as your I-140 is approved and
your 485 is pending for atleast 180 days you can use AC-21 for change of employers. You can always renew AP and EAD as long as your 485 is pending.
My PD is 5/3/2002. Dave
nsc121901
I am following this site ever since I have applied for my I-485 without bothering you guys with my stupid questions. Unfortunately recently I came to know that my company will let me go once I have my GC approved and will rehire after a period. So I asked in this group for suggestion. So after receiving hope from you guys I started looking for a change. Then this one came up. Hope this helps. Dave
I am following this site ever since I have applied for my I-485 without bothering you guys with my stupid questions. Unfortunately recently I came to know that my company will let me go once I have my GC approved and will rehire after a period. So I asked in this group for suggestion. So after receiving hope from you guys I started looking for a change. Then this one came up. Hope this helps. Dave
I definitely think it's random.
My LC (EB-3) Priority Date was 01/17/2003. I just got my passport stamped today (I-551).
My 140/485 were concurrently filed on 10/02/2003 and were approved on 11/24/2004 by NSC.
So it doesn't look like there's a pattern. Possibly, the PD retrogression will bring some discipline to the process.
My LC (EB-3) Priority Date was 01/17/2003. I just got my passport stamped today (I-551).
My 140/485 were concurrently filed on 10/02/2003 and were approved on 11/24/2004 by NSC.
So it doesn't look like there's a pattern. Possibly, the PD retrogression will bring some discipline to the process.
jijo_robert
Registered Users (C)
My priority date is May 15 2002 in EB3 category (Sec 203(b)(3)(A) (i) or (ii) -- This is in my I140 approval notice -- I believe this is EB3)and approved on April 17 2003. My I485 is filed on Feb 25 2003. Will I be affected by PD. My attorney says this will only affect those who have not filed I140.
This is NSC, right now it is processing May 31 2002, with the PD can this retrogress to Jan 01 2002.
The more I read about this I get more confused.
Thanks
Jijo
This is NSC, right now it is processing May 31 2002, with the PD can this retrogress to Jan 01 2002.
The more I read about this I get more confused.
Thanks
Jijo
jijo_robert said:
In my opinion your attorney is wrong. Unless USCIS comes up with a policy to handle all cases filed before 12/31/04, that they will not be effected by PD, I think USCIS will not approve a 485 petition if your PD is not current. From 01/01/05, you will not even be able to file 485 and derive benefits from that like EAD, AC21 etc.
Skywalkr is an extremely lucky guy. Quite a bit of cases that were filed concurrently in Sep/Oct/Nov of 2003 were approved and he escaped this PD nightmare. If his approval were to be delayed by another 6 weeks he would have had to wait atleast for 2 more years. And part of the PD retrogression problem is due to this stupid concurrent policy that USCIS started adapting and overissued visa numbers. Now guys that were genuinely in line for a long time have to suffer. No offence to Skywalkr, but that is the reality and I feel frustrated.
longduegc_2004
Registered Users (C)
i think
The way it works is, they open cases based on 485 receipt date
<= service center processing date, if your PD is also <= jan , 2002 then they adjudicate the case otherwise just falls in the que
let's say my PD is jan 99 (first time i filed my labor filed with dol) , my 485 RD is jan 2004 (It is true)
even though my PD is current they do not open my case since my receipt date is > their published processing date
they open it only when their published processing date reaches mine.
Since Eb2 is current, i think it takes a while for nebraska to move the processing dates for 485's to within 6 months.
Having reasoned out at my pace, i think they need to close Nebraska and Texas having service centers in under developed areas and move it to thinking cities like Boston , atleast being with right people may rejuvenate their brains
The way it works is, they open cases based on 485 receipt date
<= service center processing date, if your PD is also <= jan , 2002 then they adjudicate the case otherwise just falls in the que
let's say my PD is jan 99 (first time i filed my labor filed with dol) , my 485 RD is jan 2004 (It is true
)even though my PD is current they do not open my case since my receipt date is > their published processing date
they open it only when their published processing date reaches mine.
Since Eb2 is current, i think it takes a while for nebraska to move the processing dates for 485's to within 6 months.
Having reasoned out at my pace, i think they need to close Nebraska and Texas having service centers in under developed areas and move it to thinking cities like Boston , atleast being with right people may rejuvenate their brains
jijo_robert
Registered Users (C)
My PD in I140 is May 15 2002, is there another PD for Labor certification? I believe LC was cleared before Jan1 2002.
I am not sure how will the new PD law will affect me?
Any ideas?
I am not sure how will the new PD law will affect me?
Any ideas?