Questoin about possible denial during regression for pending cases?

P

Park

Registered Users (C)
During regression, there will be no approval for these I-485 whose PD is after 2001. But will there be denial for these cases?

In other words, if the I-485 case shall be denied, will the letter of denial be send out immediately or has to be wait to send out until PD is current?

Do we have to wait a couple of years to know the case is denied?!

Curious
Thanks

Park
 
I believe NSC will continue to process cases whose Priority Date is not current. If the case is likely to be approved, it will be put on hold and approved once the priority date becomes current. If the case has problems which merit denial, it will be denied without waiting for the priority date to become current.

I need someone to confirm that I'm not smoking something :D
 
Yes Mr Green is right . For case to be approved as per law the PD has to be current for that case so that they can allocate the immigrant visa number .... well when they are declining the case how does it matter whether the PD is current for those cases or not ....
 
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Sounds reasonable.

But how could we know the case is on hold? Should we call USCIS?

For example, If RFE for 485 was submitted last month, Normally it will take 2 or 3 months to process the RFE. After 3 months, if there is no denial letter, does that mean it is on hold for approval when PD is current?

Maybe should call USCIS.

Park
 
I doubt USCIS will tell you that you are approved and they are waiting for your priority date to be current. I think your conclusion is correct, but no one will verify anything for you until the immigration officer hits the approved button! It ain't over until the fat lady sings! I wonder if the officer handling your case is a fat lady? :D
 
I hope we should start seeing some progress from tomorrow....now that they have enjoyed their long weekend, :D
I am calling tomorrow to verify the status of my RFE (which I repied 5 months ago....)
 
If it were to be approved, I would love the fat lady

Mr. Green said:
I doubt USCIS will tell you that you are approved and they are waiting for your priority date to be current. I think your conclusion is correct, but no one will verify anything for you until the immigration officer hits the approved button! It ain't over until the fat lady sings! I wonder if the officer handling your case is a fat lady? :D
Click to expand...
 
Great! Please let us know whether the fat lady give you

cnr said:
I hope we should start seeing some progress from tomorrow....now that they have enjoyed their long weekend, :D
I am calling tomorrow to verify the status of my RFE (which I repied 5 months ago....)
Click to expand...



a great relief.
Dose it usually take 5 months to process RFE? I though you might be approved before Oct. 1st.

Park
 
I think pending applications are not touched until the PD is current. If I remember correctly I read this somewhere, probably ombudsman's report saying that it gives advantage to wrong filers, who can enjoy interim benefits of AP and EAD during this period. Retrogression brings those benefits for such filers.
 
AlienBhai said:
I think pending applications are not touched until the PD is current. If I remember correctly I read this somewhere, probably ombudsman's report saying that it gives advantage to wrong filers, who can enjoy interim benefits of AP and EAD during this period. Retrogression brings those benefits for such filers.
Click to expand...

Ahh ... this is one possible +ve thing of retrogression... that Murthy should have added in her post.

The NSC processing reports shows the date of 10/1/2004 for 485 - EB.
That would effectively mean that all the guys before that date might have cleared or got RFE. Most might be waiting for visa number.

Denials are quite rare in 485 stage.. so don't loose sleep over it.
 
AS I replied through my other alias (naggi),
I-485 Filed Date , 08/28/2003.
RFE: Replied April, 2005
Put an enquiry on the 10th of August, 2005 , was told that they are "actively" reviewing my case and that they will get back ASAP,
Called them again today (after 62 days), customer support put a second inquiry and asked me to call back in 30 days...
 
Thanks, CNR

Wish you will get a real response next time, not another 30 days.

I called a few days ago to change my home address, and received the confirmation letter of changing address. Although I did not put an inquriy when I called, it the letter, it was writen that my case was currently undergoing review with an officer. and I will recieve notice in writing when the officer makes a decision regaring my case. inquiry.

Kind of surprise that I was informed of that.

Best luck to all of us
Park


cnr said:
AS I replied through my other alias (naggi),
I-485 Filed Date , 08/28/2003.
RFE: Replied April, 2005
Put an enquiry on the 10th of August, 2005 , was told that they are "actively" reviewing my case and that they will get back ASAP,
Called them again today (after 62 days), customer support put a second inquiry and asked me to call back in 30 days...
Click to expand...
 
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