Prirority dates Arrived

kishuibm said:
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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I'll try to answer but I can't guarantee this is correct...

1) Yes, you want to file asap! Her PD (and your wife's) will be the same as yours (the primary), i.e. November 2002.

2) If you get the EAD filed, yes (and EAD too if she's old enough). Of course, you only need AP for travel (you don't need it if you continue to use your H).

3) As far as I know, if you don't get your daughter's I-485 application filed in time, you will *have* to keep your H alive so your daughter can have H4 status. If you do get the I-485 application then it's up to you -- your daughter's status will be fine and you can decided whether to work on the H or the EAD (search this forum for posts on the pros and cons of this).

You didn't mention your ND but is there any chance your I-485's could be approved soon (before you file your daughter's I-485)? If so, does anyone know what happens to the daughter since your H status will be cancelled once you get your GC? Is she going to have to go through CP at that point?

ETA
 
IS this going to affect all EBs?

Friends, is this going to affect all EB series or any particular, like EB1, EB2 or EB3?
 
vahope4gc said:
Friends, is this going to affect all EB series or any particular, like EB1, EB2 or EB3?
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EB31 (skilled professional or worker) for natives of (born in) India, China, Philippines.

ETA
 
ETA Question : They have mentioned that they are implementing cut off dates because 27% has been reached this quarter. Does that mean that cut off dates are not going to change until March 05 ?
 
Not necessary.

Second quarter starts in Jan.

nyte_crawler said:
ETA Question : They have mentioned that they are implementing cut off dates because 27% has been reached this quarter. Does that mean that cut off dates are not going to change until March 05 ?
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ETA - Question..AOS affected by Priority dates?

Since immigration petition is directly related to 140, if 140 is already approved, will this priority date change still affect pending 485 applications?

Thanks in advance for the answer from the experts here
 
kishuibm said:
if i file before jan05 for my daughter is it ok?? In future can i apply for her AP??
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Yes. Make SURE that USCIS gets the I-485 package in their hands by December 31st. Get the medicals done, get certified copies of her birth certificate, copy the I-94 and put the I-485 package together. You want to ensure that everything is ready to go by December 20th.

You don't have a lot of time, but it's important you get it all right.
 
Yes. USCIS is not going to approve I-485 if your PD is after cutoff date.

cbeking said:
Since immigration petition is directly related to 140, if 140 is already approved, will this priority date change still affect pending 485 applications?

Thanks in advance for the answer from the experts here
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cbeking said:
Since immigration petition is directly related to 140, if 140 is already approved, will this priority date change still affect pending 485 applications?
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Absolutely. An approved I-140 means you have permission to get a visa number, not necessarily that one is available to you.
 
I thought 140 is the one that is tied with the immigrant numbers..485 is purely adjustment of status right ?
usnycus said:
Yes. USCIS is not going to approve I-485 if your PD is after cutoff date.
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TheRealCanadian said:
Read the Visa Bulletin again. Near the bottom. AC21 explictly recaptured unused numbers from FY99 and FY00.
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They have mentioned that 100,000 visas from 1999-2000 will be available for FY2005. So while calculating the 27% for the first quarter, they would have calcualted after adding the 100K to the annual visa numbers. So i am sure that cut off date was established after taking that 100,000 visas into account.
 
Substitute labor cases

Why don't some of the substitute labor people call INS customer support and ask what their priority date is ? Once you get the answer, please post here. There seem to be confusion on their priority date. Some people say that it is effective the original SESA (Labor) date and some say that it is the I140 receipt date. I am inclined to think (seems to have read some where) that for substitute labor cases, PD is RD of I140.
Note : First of all, check if PD is mentioned in your I485 receipt. For normal cases, they mention the PD as the Receipt Date of Labor certification.
 
What about this month (December) ?

Guys,
The visa bulletin says that 27% quota for this quarter (1st quarter ending December) is already used. So is it possible that they will not approve any more cases from tomorrow , for the people with priority dates after 1/1/2002 ?
 
I would think the priority date on the I-140 Approval document is the key. I would think that is the priority date.

In my case, my case is substituted labour. I applied for my I-140 and I-485 seperately. Before i got my I-140 approval i applied for my I-485, and my priority date is blank in there. But in in my I-140 approval document, the priority date is mentioned as original labour filing date.

BTW, What would be the status of people who have PD>01/01/2002, and whose cases have been transferred to local offices. Would those cases be lying there.
 
PD cut off news might be a good news for those who filed I485 in 2002

Though this is a bad news for those having a PD of 2002 and later, it might be a good news for long pending cases. At last their cases will get some priority over the later cases. From now on, they might follow FIFO policy (hopefully) .
 
dsatish said:
Why don't some of the substitute labor people call INS customer support and ask what their priority date is ? Once you get the answer, please post here. There seem to be confusion on their priority date. Some people say that it is effective the original SESA (Labor) date and some say that it is the I140 receipt date. I am inclined to think (seems to have read some where) that for substitute labor cases, PD is RD of I140.
Note : First of all, check if PD is mentioned in your I485 receipt. For normal cases, they mention the PD as the Receipt Date of Labor certification.
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.

Many of substituted labor applicants(Including myself) mentioned that their priority date on 140 approval is original labor filing date and not the 140 date...I even found this memo in one of the threads on this forum.Please read the section "9FAM 40.51 N4.5 Substitution Of Beneficiary On Approved Labor Certification" on Page 6.But still there are still some different opinions about this in some websites including immigration.com.It is better to wait and see till the next month how USCIS handles in adjudicating these cases
 
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patpat said:
BTW, What would be the status of people who have PD>01/01/2002, and whose cases have been transferred to local offices. Would those cases be lying there.
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YES. They may conduct an interview, but will not approve until the Visa Number is available.
 
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