retorgression effect on people whose I485 processing is in progress

You are lucky. I belive your case is left over case after EB3 unavailable. I was told by lawyer there might be some EB3 approvals even after unavailable date . But after that, no more approval, trust me.

worldmonitor_1 said:
Hi,

My case was approved when the visa #s were not available in July 2005. Mine was Eb3 case. Even my kid got her plastic card.

Me and my wife got stamped on our pps last week. I am expecting Plastic cards in a month or two.


Am I dreaming ??



World

PD 09/2001
Labor AD: 12/2003
140 Applied 03/2004
140 AD 09/2004
I485 ND 10/2004
AD 07/2005 when EB3 visa numbers were not available.
PP stamped 08/2005 when EB3 visa numbers were not available.
My kid got plastic card 09/2005 when EB3 visa numbers were not available.

I am expecting Plastic card.. Hope I will see it soon...
Click to expand...
 
Guys,

As mentioned in my earlier posting, i was also under the impression that I-485 will not be approved if the priority date is not current. However, the customer rep was pretty emphatic about it. I asked her a very direct question -

"If everything is fine with my case, would you not approve it only because the visa date is not current" and she categorically said that "No, In that situation, we will approve the case and transfer it to NVC".

You guys can easily clarify this by calling the service center at 1-800-375-5283.

cheers,
 
brshekhar said:
Guys,

As mentioned in my earlier posting, i was also under the impression that I-485 will not be approved if the priority date is not current. However, the customer rep was pretty emphatic about it. I asked her a very direct question -

"If everything is fine with my case, would you not approve it only because the visa date is not current" and she categorically said that "No, In that situation, we will approve the case and transfer it to NVC".

You guys can easily clarify this by calling the service center at 1-800-375-5283.

cheers,
Click to expand...

I believe what you said. USCIS and NVC seem to operate as different departments. But once the case is "approved" at USCIS and forwarded to NVC, if the PD is not current, what is happening to the case? Is it considered approved or still pending.
 
brshekhar said:
Guys,

Based on what i read on this site and Murthy.com etc, i was under the impression that the I-485 is processed but will only be approved when the priority date is current. However, when i called the service center this morning, i was told the following:

1. The I-485 is processed and approved by USCIS but the visa #s are allotted by National Visa Center.
2. USCIS processes I-485 based on the processing date of the respective service center.
3. If everything is fine, then USCIS will approve the case - even if the priority date is not current.
4. They will inform the applicant about the approval and then send the case to NVC.
5. NVC will allot a visa # only when the priority date is current for that application.

For what its worth, it seems like I-485 will be approved but GC will have wait.

Hope this helps. You guys can also call the service center to confirm the same.


cheers


PD Jul 02
I-140/485 RD Jan 04
I-140 AD Jan 05
I-485 pending
Click to expand...



If your I485 is cleared but the VISA number is not issued and so you dont have the GC in hand, then what is your status in the country ?
Are you a permanent resident or still a H1B Visa holder/Advance Parolee awaiting GC ?

Please explain

Thanks
B
-----------------------------
EB3 - RIR-- PD Jul 2001
Concurrent I140/I485 -- 09/13/2004
FP -- 02/08/2005
FP review done May 2005
I140 AD - 08/09/2005
 
Last edited by a moderator:
Let's have a logical considaration.
Have example of EB2
How many I 485 cases pending with USCIS since Nov 99 and How many cases of EB2 have LC filed (have priority date) as on today?
Indian born EB2 category 2800 visa number will be available on Oct 1, 2005.
If sum of above two is less than 2800, EB2 for India, will be again current in Nov. 05.
It is more likely that retrogration will move very fast from Nov. 99 to 2003, even if total pending cases are more than 5000.
Eb2 was current in september 2005, means, visa numbers are available for all pending cases !!

I believe don't make much panic and wait for next month bulletine.
 
priyargc said:
Let's have a logical considaration.
Have example of EB2
How many I 485 cases pending with USCIS since Nov 99 and How many cases of EB2 have LC filed (have priority date) as on today?
Indian born EB2 category 2800 visa number will be available on Oct 1, 2005.
If sum of above two is less than 2800, EB2 for India, will be again current in Nov. 05.
It is more likely that retrogration will move very fast from Nov. 99 to 2003, even if total pending cases are more than 5000.
Eb2 was current in september 2005, means, visa numbers are available for all pending cases !!

I believe don't make much panic and wait for next month bulletine.
Click to expand...

Dil ko behlane ka Ghalib, yeh khayal achcha hai
 
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