Question...

J

Jharkhandi

Registered Users (C)
Here is a hypothetical scenario:

Characters:

ABC - primary applicant
XYZ - ABC's spouse.

Scenario:

ABC files 140 and 485(EB2) concurrently in VSC. The ND is sometimes in Feb 2004.
XYZ also files 485 as derivative beneficiary.

They keep on waiting for days, weeks, months... but their cases remain untouched. So XYZ comes up with a brilliant idea - withdraw all the applications and refile as EB3 applicant. ABC is reluctant - we might loose dates, EB3 is going to retrogress... blah blah blah... until one day finally agrees to withdraw and refile in EB3. ABC's PD is quite old one(say Sept 2002) and every site says if dates retrogress, it will be close to Dec 2002. So ABC takes a chance. Talks to employer and lawyer and gets cases withdrawn from EB2 and refiles in EB3. Now XYZ is happy - or rather very happy. They get 140 done in 45 days. Actually they get FAX of approval notice in 45 days! XYZ is smiling on brilliant insight! But wait... something happens... EB3 dates retrogress to June 2002 for India/China! And ABC is from India...but XYZ is not! XYZ is not from China either.
Let us say XYZ is from New Zealand. Now what will happen?

Questions:

Will XYZ get GC before ABC?(we have seen that happening and cases are reported on the board where secondary applicant got GC before primary).

XYZ will have to wait till ABC is done(even though visa quota for XYZ's country remains unused).

Any other possibility/twist to questions that I might have missed - feel free to add. And do not forget to post your reply.
 
Last edited by a moderator:
Hmmmm... I think same UN. But now here is twist:

what if XYZ was primary applicant and ABC was derivative beneficiary?

(XYZ might ask for a LC substitution if you say they will get GC in time due to XYZ's nationality. XYZ and ABC are equally qualified and batchmates.) Assume 140 is not approved yet, nor have they withdrawn original application.
 
Looks like ppl have a lot of free time in hand :D Keep the discussion flowing though...this is where I contradict myself. :)
 
My understanding was that after AC21 was enacted, one country' unused quota could be used by other countries. But since you guys are discussing the case of ABC/XYZ, there definitely is more to it than what meets the eye. This is all so confusing. Maybe I'm better off cooking!!

Kashish

Jharkhandi said:
But you forgot to post your idea joyd!
Click to expand...
 
Hmmm... XYZ cannot go for CP(personal reasons).

XYZ drops the idea of LC substitution, since rejection(or any chance of it) would be tough for XYZ.

Thanks for posts. Topic over.
 
My understanding of the priority date is the priority date for derivative applicant is derived from Main Applicant.So in this case if ABC is main applicant with priority date of October2002, if Priority date retrogresses to June 2002, XYZs application will also not be touched.So XYZ too has to wait till ABCs priority date comes for consideration..
 
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