Prirority dates Arrived

[Narla]

The Following was displayed on immigration-law.com.

This reporter is concerned that there are so many people out there who did not understand the priority date clearly. The priority date is determined differently between the labor certification based green card proceedings and the labor certification waiver green card proceedings such as EB-1, Schedule A, and National Interest Waiver cases. In the labor certification application based green card proceeding, the priority date means the date the labor certification application was first filed with the labor department. Unlike common misunderstanding, it is not the date of either I-140 petition receipt date nor I-485 receipt date. Accordingly, even if he/she recently filed I-140 petition or concurrent I-140/I-485 recently, they may not be affected by the retrogression inasmuch as their labor certification application shows a filing date earlier than January 1, 2002. For the approved labor certification applications, people should check a box "L.O" at the right bottom of the approved labor certification application

I just called my attorney about dates being retrogressed. The reply I got is that if 485 is filed before the end of this year, it wont have any impact on the case , even if it is EB3.
But online postings they give a different opinion. So guys if possible can you call your attorneys and see what their opinion is.

Mine is filed under EB3.

 

[Narla]

HOW SLOW WILL the Dates move for Eb3?
and after getting current date, how long does it take to get approval?

 

[GCTellsMeL8r]

Thanks for the reply.

The Following was displayed on immigration-law.com.

This reporter is concerned that there are so many people out there who did not understand the priority date clearly. The priority date is determined differently between the labor certification based green card proceedings and the labor certification waiver green card proceedings such as EB-1, Schedule A, and National Interest Waiver cases. In the labor certification application based green card proceeding, the priority date means the date the labor certification application was first filed with the labor department. Unlike common misunderstanding, it is not the date of either I-140 petition receipt date nor I-485 receipt date. Accordingly, even if he/she recently filed I-140 petition or concurrent I-140/I-485 recently, they may not be affected by the retrogression inasmuch as their labor certification application shows a filing date earlier than January 1, 2002.

The way I understand this is that if you are EB3 and your priority date is earlier than Jan 1, 2002 your case will be processed. So for people like me whose priority date is in Nov 2003, the dates have to be some where around that time frame , for the case to be processed.

For the approved labor certification applications, people should check a box "L.O" at the right bottom of the approved labor certification application

 

[ASG2002]

From Murthy.com

Reading the same from Murhty.com http://www.murthy.com/, it looks more scary when it says
"The DOS has indicated that further retrogression may be possible in future months." Is this true?
thanks-

 

[dazzling]

HOW SLOW WILL the Dates move for Eb3?

It is expected that the dates will retrogress furthur. Which means that the dates will go back more.

and after getting current date, how long does it take to get approval?

That will be equal to the usual processing time for 485 applications.

Remember though, you can always file 140 and get it approved. Also you can keep extending your H1B status every year based on your approved labor.

 

[speedy1027]

My guess

HOW SLOW WILL the Dates move for Eb3?
and after getting current date, how long does it take to get approval?

My PD is 05/27/03. Based on the cutoff date I am thinking, first they have to do all the cases since 06/01. Then they have to do all the 2002 cases before they reach 05/03. So, I am estimating about 2 or 21/2 yrs atleast waittime.

How slow...I can only imagine.

cheers,
speedy1027

 

[Deepesh7373]

Reading the same from Murhty.com http://www.murthy.com/, it looks more scary when it says
"The DOS has indicated that further retrogression may be possible in future months." Is this true?
thanks-

It could mean, it is applied to EB2 also in future.

 

[hdixit]

I just called my attorney about dates being retrogressed. The reply I got is that if 485 is filed before the end of this year, it wont have any impact on the case , even if it is EB3.
But online postings they give a different opinion. So guys if possible can you call your attorneys and see what their opinion is.

Mine is filed under EB3.

My lawyer has the same opinion

"This will not impact you since we filed I-485 before Dec. 31, 2004."

 

[TheRealCanadian]

"This will not impact you since we filed I-485 before Dec. 31, 2004."

It will impact you if your PD is not current, in the sense that the I-485 cannot be approved in such a situation.

 

[MA_Labor]

Re:

I am not trying to scare anybody here but my lawyer had told me that USCIS will stop accepting new I-485 applications once the December bulletin is published and priority dates are retrogressed.

 

[TheRealCanadian]

I am not trying to scare anybody here but my lawyer had told me that USCIS will stop accepting new I-485 applications once the December bulletin is published and priority dates are retrogressed.

Your lawyer is incorrect. The dates do not take effect until 1/1/2005, so individuals affected by the EB3 retrogression must get their I-485s received by USCIS by 12/31/2004.

 

[hdixit]

It will impact you if your PD is not current, in the sense that the I-485 cannot be approved in such a situation.

how can i find my PD?

There is no PD on my 140. I have a copy of it. I know it should be May 2002.

 

[TheRealCanadian]

There is no PD on my 140. I have a copy of it. I know it should be May 2002.

I didn't have a correct PD on any of my I-140 paperwork, or I-485 receipt. What date was the LC filed on?

 

[hdixit]

We filed on May 29, 2002. When I check the site for approved LC, the LC for my company with my PD is not showing up. So I am confused.

 

[shatan]

If thats the case, then where else can the priority date be found

 

[shatan]

Can u tell me the website for approved LC

 

[hdixit]

http://www.flcdatacenter.com/casesearchperm.asp

 

[dazzling]

We filed on May 29, 2002. When I check the site for approved LC, the LC for my company with my PD is not showing up. So I am confused.

Check in the copy of LC that you have. It will have a column for State Received Date. It is written by hand in the bottom right corner of the approved LC. There will be a box called "Date Forms Received". In that box look for the date written under L.O. This is the labor PD.

 

[sertra2002]

Well thats a killer for people like me. Looks like we have a loooooooooooooooooong wait ahead of us now. I guess people need to modify their signatures now. We have to add country of birth, EB status and labor PD as we have a new category now, ppl born in India, China or Philipines with EB3 applications!

 

[karns]

Well thats a killer for people like me. Looks like we have a loooooooooooooooooong wait ahead of us now. I guess people need to modify their signatures now. We have to add country of birth, EB status and labor PD as we have a new category now, ppl born in India, China or Philipines with EB3 applications!

It may still be not that bad in your case as you are not far away from cut off date