Reminder : Priority Date Retrogression Expected

What is priority date?

I've applied for I-485, when the priority date retrogresses and when the new dates are published? do I need to look at my 485 Notice Date or the priority date of my labor?
 
WhataboutGC said:
I've applied for I-485, when the priority date retrogresses and when the new dates are published? do I need to look at my 485 Notice Date or the priority date of my labor?
Click to expand...

Priority date of LC.
 
WhataboutGC said:
I've applied for I-485, when the priority date retrogresses and when the new dates are published? do I need to look at my 485 Notice Date or the priority date of my labor?
Click to expand...

If you have already filed I-485, then you don't have to worry about priority date retrogression. Priority Date retrogression, is something that folks who have not filed their I-485 should worry about...hope that makes you feel better..
 
gravedancer said:
If you have already filed I-485, then you don't have to worry about priority date retrogression. Priority Date retrogression, is something that folks who have not filed their I-485 should worry about...hope that makes you feel better..
Click to expand...

Not true. If you have filed 485 and the PD dates retrogress and your PD is NOT current your 485 will be put on hold until PD becomes current and then they will process your 485.
 
Well I have always had this question when someone differentiates the way the pending 485 applications are handled now and in the future.
Agreed that when the dates retrogress, the already applied applications won't be touched till their PD date becomes current.

However, even now any 485 will remain untouched till they think they can process it.
So whatever the reasons may be, the application won't be checked till its ready for processing. So I am not sure why it makes any difference for the 485 already filed.
 
Please explain...

Dear LaborApproved....

I have filed concurrent at VSC in the first week of Nov. '04 and already have the receipts with me. My LC Priority date is within this year... so you mean though I have the receipts my case would be put on hold until my LC priority date becomes current with the retrogress date?

Few postings on this topic say that it would affect only if I-1485 is not filed and the PD retrogress starts... how sure are you that already filed cases would be put on hold?

Thanks,
Harish. :confused:
 
I couldn't resist from taking a stab at the questions/concerned being raised...

After the PD retrogression begins, any filed 485 applications that are not current(PD later than what is published ) will be put on hold until their PD becomes current. No fresh applications will be accepted by USCIS until their PD is current.

The main difference is the change in which application will be handled - as of now - you can file your 485 right away irrespective of your PD. After retrogression, you would not be able to do so.


In my opinion, its good that USCIS is doing this. That way, an applicant will atleast know that his application is in queue/put on hold (for a legible reason) rather than make him wait for ever.

Hope I made sense.
 
CaliGC said:
Dear LaborApproved....

I have filed concurrent at VSC in the first week of Nov. '04 and already have the receipts with me. My LC Priority date is within this year... so you mean though I have the receipts my case would be put on hold until my LC priority date becomes current with the retrogress date?

Few postings on this topic say that it would affect only if I-1485 is not filed and the PD retrogress starts... how sure are you that already filed cases would be put on hold?

Thanks,
Harish. :confused:
Click to expand...

Eventhough you have receipt numbers your case will wait until your LC priority data is current.

Read the following from link in the firsr post.

CASE SITUATIONS
©MurthyDotCom
I-485 Filed
©MurthyDotCom
If one has an employment-based I-485 filed already, the first hurdle has been overcome. The employment-based priority dates are all current at this time, so they filed at a time when the dates were current. These cases will go through the ordinary procedures until the priority dates retrogress. Once the dates retrogress the impact on a pending case will depend upon whether the dates retrogress to a point earlier than the priority date of that case. For example, a case with a priority date of January 1, 2002 will not be impacted if the priority dates retrogress to January 1, 2003 in the relevant category. In this example, there are sufficient visa numbers available for all cases filed before January 1, 2003. Thus, our January 1, 2002 illustration case can proceed normally.
©MurthyDotCom
However, using the same example, if the priority dates retrogress to a time earlier than January 1, 2002, it will not be possible for the case to be approved until the priority dates move forward again. In this situation the I-485 will remain in pending status until the priority date reaches January 2, 2002. At that time, the case will be eligible for approval. Of course, whether a particular case is acted upon at any given time depends upon the processing times at the USCIS. While awaiting case action one is eligible for Employment Authorization (EAD) and Advance Parole.
 
sg1973 said:
Well I have always had this question when someone differentiates the way the pending 485 applications are handled now and in the future.
Agreed that when the dates retrogress, the already applied applications won't be touched till their PD date becomes current.

However, even now any 485 will remain untouched till they think they can process it.
So whatever the reasons may be, the application won't be checked till its ready for processing. So I am not sure why it makes any difference for the 485 already filed.
Click to expand...

Simply put, your PD needs to be current before 485 is approved whether you have filed or will file in the future is a mute point.
 
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CaliGC said:
Dear LaborApproved....

I have filed concurrent at VSC in the first week of Nov. '04 and already have the receipts with me. My LC Priority date is within this year... so you mean though I have the receipts my case would be put on hold until my LC priority date becomes current with the retrogress date?

Few postings on this topic say that it would affect only if I-1485 is not filed and the PD retrogress starts... how sure are you that already filed cases would be put on hold?

Thanks,
Harish. :confused:
Click to expand...

In order to immigrate to the US a visa number must be available for the alien. When your PD is current it means the visa is available and you can adjust your status to PR. If not the case can't be processed per immigration law. zbcx123 is right and I would advise everyone to apply for 485 concurrently asap to take advantage of EAD and AP.

I am not sure about the fact whether USCIS will accept 485 application from those slammed by retrogression once it goes into effect.
 
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Thank You all good people!!!

All,

I should sincerly say I like this fourm a LOT. I got so may replies from you nice people explaining how things would happen (atleast in perspective).

THANK YOU ALL..... With regards to my case I would pray that even if the priority dates retrogress let them say the PD is Jan 2005! yeah I know it is too much to ask though.

Cheers Folsk
 
EB2 or EB3???

Folks please explain...

Since the Priority dates are being retrogressed for EB3 category only... is it possible if that happens I could request my employer to apply in EB2 category?

What is the qualification for case to be filed as EB2 or EB3?

TIA!
 
CaliGC said:
Folks please explain...

Since the Priority dates are being retrogressed for EB3 category only... is it possible if that happens I could request my employer to apply in EB2 category?

What is the qualification for case to be filed as EB2 or EB3?

TIA!
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CaliGC,

How do you know that the Priority dates are being retrogressed for EB3 only?
I thought Every category may get effected.
Do you mean EB3 has the highest probability of getting effected first?

neocor
 
Yes...

It all came out of the AILA meeting/conf they had a couple of months ago. As per the memo they released EB3 are going to be affected sooner than other categories.

Cheers
 
EB2 & EB3

Hello zbx123,

I observe from your posting that you have cleared two I-140s one for EB2 and other for EB3... could you please let me know what is the requirements for filing under EB2?

TIA
 
Generally speaking the position hired for (and thus the applicant) should require a higher degree (Master's or Ph D) for the application to be eligible for EB2.

Cheers
 
zbcx123 said:
Generally speaking the position hired for (and thus the applicant) should require a higher degree (Master's or Ph D) for the application to be eligible for EB2.

Cheers
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Are yo uallowed to apply for both EB2 and EB3 if elligible?
I am of the view that the I485 is connected to the I-140, so even if it is alloweed to apply for multiple I-140's whcih one will be connected to the 485.
neocor
 
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