Question about Priority Date

E

ecuellaro

Registered Users (C)
Hello All.

I understand that the Priority Date is currently being used to determine when people from countries affected by the retrogression can file for I-485.

However I'd like to know if the Priority Date is also used somehow to determine when an already filed I-485 case can be processed or adjudicated or does it have any other use?

Thanks.
 
ecuellaro said:
However I'd like to know if the Priority Date is also used somehow to determine when an already filed I-485 case can be processed or adjudicated
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Of course. An I-485 cannot be filed, or approved, if the priority date is not current. The non-approvability drives wether you can file or not - you cannot file any petition that cannot be immediately approved.
 
priority date

I did not file I-140/I-485 concurrently. I-140 was filed June 28, 2004 and approved on December 8, 2004. On the approval notice, November 17, 2003 is the PRIORITY DATE listed. I applied for I-485 January 19, 2005. Would someone let me know if the priority plays a role in this process? I would really appreiciate it. On the receipt notice of the I-485, the priority date does not appear. THANK YOU!
 
Ahhh. The Real Canadian already answered your question. They will not process your already filed I-485 if your Priority date is not current. (Those EB3 and other worker applications from retrogressed countries). They will not let you file your I-485 after Dec 31, 2004 if your priority date is not current.
You priority date is the date you filed your labor certification with the state and yes it appears on the approved I-140.
 
Depnds on your country of birth

If you are not born in India, China or Philipines then you are not affected. You appear to be not affected by regrogression for filining and hence I am thinking you are not from one of the above countires. Hence there will be no affect of retrogression on your case. PD will not be listed on your 485 receipt.



Ellada Hadjisav said:
I did not file I-140/I-485 concurrently. I-140 was filed June 28, 2004 and approved on December 8, 2004. On the approval notice, November 17, 2003 is the PRIORITY DATE listed. I applied for I-485 January 19, 2005. Would someone let me know if the priority plays a role in this process? I would really appreiciate it. On the receipt notice of the I-485, the priority date does not appear. THANK YOU!
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Thanks for your input. Now my question is if USCIS processes -I485 according to NDon I-485 or Priority Date on I-140?

Thanks :)
 
It is PD

The sorting order for file handling is this PD, Category, Country.... Does not make 100% sense to me. But that is what I read from the SOP for 485 adjudication. I will check again this evening and post if I am wrong.


RAK67 said:
Thanks for your input. Now my question is if USCIS processes -I485 according to NDon I-485 or Priority Date on I-140?

Thanks :)
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Kindly confirm that this indeed is the sop for 485 adjudication, PD then Category then Country. I have exactly the same NDs with my friend, only difference is our PDs. His is Aug 10, 2001, mine is Aug 31, 2001. He got his 485 approved 2 weeks ago. If this is their sop, then I can expect my 485 approval in a month or so. I hope this is the case.
 
wdwlvnc said:
Kindly confirm that this indeed is the sop for 485 adjudication, PD then Category then Country.
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I-485 processing has been based on receipt date for years, assuming the PD is current. A person who filed an I-485 in December 2004 based on an LC filed in 1997 isn't going to get approved right away.
 
As RealCanadian has mentioned when the PD is current then the sorting order is on receipt date. But if a case is hit by retrogression then following para from the Chapter 6 Workload Distribution, of SOP applies..... Sorry for not getting back to you guys earlier.

Please note:The SOP I am looking at was updated on Sep 28 2001.


"WD stages files that had a visa number available at the time of filing;
however, between the date of receipt and the date of adjudication, the visa
became unavailable. These I-485 filings are otherwise ready for approval.
They are staged chronologically by priority date, preference category and
country of chargeability. "

TheRealCanadian said:
I-485 processing has been based on receipt date for years, assuming the PD is current. A person who filed an I-485 in December 2004 based on an LC filed in 1997 isn't going to get approved right away.
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PD-country of birth

I am sorry for not responding earlier. I was born in Cyprus,Greece. Therefore, I am not affected by the retrogression. I am EB3.
 
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