Prirority dates Arrived

MD_Rockville said:
What does it mean ? Does it mean that one can not apply for 485 till PD gets current ? Does in ALSO mean that one can not get approval till PD gets pass his / her P date as mentioned in approved I140 ? Lets say I have PD in Dec 2002. When should I expect approval ?


So, do you mean that for concurrent cases, they won't process even
I-140, till PD reaches !!!!!
 
Theoretically processing dates should improve.

But personally I don't believe there is going to be big difference. USCIS has policy of relocating resource.
 
usnycus said:
But don't you think they have already thought of that b4 releasing PD Dates.

You'd think. However, remember that the only reason why the dates are retrogressing is that USCIS/DOS are forbidden by law from assigning more than 27% of a year's quota in any given quarter. I don't know where the extra numbers from AC21 are counted, if they go into that calculation.

Priority date calculation is an arcane Department of State black art that we on the EB side have been very fortunate not to have to deal with lately.
 
I-140 is not going to get affected from this. They will continue to process & approve I-140.

shirs said:
So, do you mean that for concurrent cases, they won't process even
I-140, till PD reaches !!!!!
 
A PD is assigned when your I140 is approved and the PD date is the day you applied for labor ( normal case ), first time it appears on approved I140
 
I strongly believe 27% used visa number for Q1/2005 already has share of numbers from 1999/2000.


TheRealCanadian said:
You'd think. However, remember that the only reason why the dates are retrogressing is that USCIS/DOS are forbidden by law from assigning more than 27% of a year's quota in any given quarter. I don't know where the extra numbers from AC21 are counted, if they go into that calculation.

Priority date calculation is an arcane Department of State black art that we on the EB side have been very fortunate not to have to deal with lately.
 
MD_Rockville said:
A PD is assigned when your I140 is approved and the PD date is the day you applied for labor ( normal case ), first time it appears on approved I140

What about Sub Labor? Their PD is usually much earlier than the underlying I140/I485 is filed.... :confused:
 
Can you please rephrase your question?

MD_Rockville said:
what does that say ? If there are >>> 100,000 applicants than # of VISA available what will happen ? Is it required to approve EVERYONE having PD before Jan 1 2002 and then only the PD can move ahead ?
 
usnycus said:
I-140 is not going to get affected from this. They will continue to process & approve I-140.

But, what is this RealCanadian's version saying ?, is this his version (or)
from any reputed immigraition's site or attorney .

My I-140/485 is pending and my priority date isn't current.

Don't worry. You will NOT fall out of status. Your I-485 will NOT be cancelled. It will just sit on a shelf until your priority date becomes current again. You can still renew your EAD/AP/H/L, etc. However, if you are a concurrent filer, it is unlikely that USCIS will ajudicate your I-140 and give you AC21 benefits.
 
Ok :) Lets say there are 200,000 applicants with PD < 01012002 and number of VISA is 100,000. Is that possible ? If YES then how other will get approval.

If number of VISA is more than number of applicants then can those VISA used against folks having PD > 01012002 ?

Is it required ( even possible ) to approve everyone having PD 01012002 in order to move PD ahead ?

How much time it may take for this PD to move ahead my 1 year ? Any historic data ?
 
I have not seen that anywhere. Lets wait and see if any memo comes out from USCIS regarding issues.

In past people were not allowed to file I-485 till they had I-140 approved. USCIS used to accept & process I-140 even when dates were not current. I am assuming they will continue that procedure regarding I-140 approval/processing, regardless of concurrent/non-concurrent petition.



shirs said:
But, what is this RealCanadian's version saying ?, is this his version (or)
from any reputed immigraition's site or attorney .

My I-140/485 is pending and my priority date isn't current.

Don't worry. You will NOT fall out of status. Your I-485 will NOT be cancelled. It will just sit on a shelf until your priority date becomes current again. You can still renew your EAD/AP/H/L, etc. However, if you are a concurrent filer, it is unlikely that USCIS will ajudicate your I-140 and give you AC21 benefits.
 
I dont think they would wait until all of them before Jan 02 get approved. Their estimates is based on the current demand. It could be based on the number of approvals they actually did in last quarter.
 
I can't guess how many are having PD < Jan-01-2002.

USCIS/DOS are only allowed to approve 27% of total number available in any given quarter.

If what you saying is true, expect PD going further back in coming months (may be in 2001).



MD_Rockville said:
Ok :) Lets say there are 200,000 applicants with PD < 01012002 and number of VISA is 100,000. Is that possible ? If YES then how other will get approval.

If number of VISA is more than number of applicants then can those VISA used against folks having PD > 01012002 ?

Is it required ( even possible ) to approve everyone having PD 01012002 in order to move PD ahead ?

How much time it may take for this PD to move ahead my 1 year ? Any historic data ?
 
Last edited by a moderator:
article says
"The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month"

does it mean 'Date' will remain constant for a month? No need to follow processing chart?

Not sure if this is true that in Eb3 category, they have only 7500 visa numbers available per quarter. Anybody knows?
 
Does this mean FP2 again?

Those of us who have completed FP1 but PD in 2003 or 2004 will need to do FP again in the future, right?
Hope we won't have to renew EAD every year (and they give EADs valid for a few years at least...)
 
Not really Bad News

PD is the date when the labor was originally filed. So 1/1/02 is not all that far back, at least for NY/NJ and some other states. This might help impliment FIFO to the whole process. What do u think?
 
I am confused !!!
Can some one answer me
Mine nad my wife 140 and 485 filed concurently . 140 approved and my PD is NOv2002.Got EAD and AP for me and my wife a couple of months of back. during the 140 and485 filing time my daughter is back in INdia.
i did't use my EAD. I am still on H1.so i brought her to usa on H4. Now i am trying to file her 485.
1) if i file before jan05 for my daughter is it ok??
2) In future can i apply for her AP??
3) Do i need to have valid H1 ??

Thanks for your inputs
 
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