Question !! Once you file the I-485, does the category under which you

G

Guess WHo

New Member
filed matter? I know that you\'re case will only be processed if your
PD is current but does the RD and ND take precedence over a persons\'s
category like EB1. EB2 etc.

The reason I\'m asking is this. My wife had filed her 485 under EB1 on
Sept 2000. Here ND and RD are Sep 2000 and her FP was done in Dec 2000.
Her PD has always been current because of her EB1 status. But since
she filed in Sep 2000,

a) does she have to wait till all candidates ( all categories) who
have NDs before her get processed or
b) until all EB1 candidates before her get processed?

Does the categeory even matter?

Any help will be appreciated.

Thanks

Dr Deadpan
 
No Title

The processing of the I-485 is based on the RD/ND of your application. Hence even though your PD is current at the time of the submittal of the I-485, you have to wait until the INS finishes processing other applications which were submitted prior to yours.

I am in the same boat. Get this, my PD is December 1996 and my 485 ND is August 2000. Unfortunately I am in NJ where the DOL took 3.5 years to process my Labor Approval. Based on this my I-485 application was delayed. But INS does not care what happened prior to submittal of I-485. They go by the ND of I-485 application only.

Am I right guys?. Any comments.
 
No Title

Yes you are correct ! I-485 is processed on the basis of the RD/ND of the I-485 application. My ND is June, 2000 and my date has been current for a long while (EB2). But my case will be taken up only after all the preceding entries - that have come in before June, 2000 - have been taken up.

But the GC will be issued to the preceding cases - be they EB2, EB3, EB1 or whatnot - only if their priority dates become current.

From my understanding, the INS is working on making everything current within a short while. Once that happens, there would not be any difference whatsoever in filing under EB1 or EB2 or EB3. The only limitation would be the limited numbers of visa available per category.
 
You must log in or register to reply here.
Top