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Retrogression dates moved to 1998- Does it matter?
- Thread starter devdas
- Start date
Hmmm .... pretty unlikely, I would say.devdas said:I think there are not many left out from Jan 1998, 1999...
So, we might see some approvals after PD: 2001.....correct me if I am wrong...
EB3
RD: Mar 2003
PD: Aug 2002
Irrespective of how many actual cases are waiting pre 1998, your 485 will get approved only when the PD becomes current for your EB type and country.
Typically if no one is waiting from 1998, then cutoff dates will move ahead.
Some suspect that there is a deep down conspiracy in setting the 1998 PD cutoff -- but till we see some evidence of cases being approved (which are say 2002+ PD), we can't tell anything.
But the law is clear on this -- no approvals till applicant's PD passes the cutoff.
Awaiting Visa Number.
I intially thought that no one might be waiting from 1998 ... but that might NOT be true ... There might be old cases which was held up somewhere -- either in labor or 140 stage for a long time might have become documentarily qualified.
Generally they do the reshuffle at the end of the year ... so all that is churned from the backlog centers and new approvals of 140 between Oct 2004 to Sep 2005 has huge pool of documentarily qualified applicants...
I think it all depends how many such applicants are left ... if they are small in number ... we should see quick change of pace towards the late 2003 cut-off date for eb3 india.
Else where I read the following ... might be interesting. this is where I read first about something called documentary qualified..
Each month on the first of the month, every immigrant visa (number) issuing post submits a report to the State Department of the number of documentarily qualified immigrant visa applicants registered at the post. "Documentarily qualified" is a technical term, but its basic meaning is that the post has determined that the applicant has assembled all of the documents required by the regulations for that type of visa. In practice, posts rely on submission of Form OF-169 (the cover letter issued with Packet III) to make this determination. Until the post receives OF-169, the applicant does not go on the documentarily qualified list.They submit their reports via the Department's computerized system, called IVACS.
So, on the first of every month, the State Department has, from each post, a list of all of the immigrant applicants registered with that post, along with the visa classification for which the applicant is applying and the applicant's priority date. These lists are also maintained by post, by classification, in order of priority date. In the case of applicants with the same priority dates, the list is ordered by date of becoming documentarily qualified, with the applicants who become documentarily qualified earliest being listed first.
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Question : I see the dates of Oct 2004 ... for eb3(@NSC) -- now processing list..
Does that mean .. when the applicant becomes "documentary qualified" .. they create the Form I-181 for the applicant ... and the application waits in the state department until it gets a visa number. As far as NSC role is concerned .. they have done with the application... So they move on with there procesing and the dates.
Does this make sense?
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max2k1 said:Typically if no one is waiting from 1998, then cutoff dates will move ahead.
I intially thought that no one might be waiting from 1998 ... but that might NOT be true ... There might be old cases which was held up somewhere -- either in labor or 140 stage for a long time might have become documentarily qualified.
Generally they do the reshuffle at the end of the year ... so all that is churned from the backlog centers and new approvals of 140 between Oct 2004 to Sep 2005 has huge pool of documentarily qualified applicants...
I think it all depends how many such applicants are left ... if they are small in number ... we should see quick change of pace towards the late 2003 cut-off date for eb3 india.
Else where I read the following ... might be interesting. this is where I read first about something called documentary qualified..
Each month on the first of the month, every immigrant visa (number) issuing post submits a report to the State Department of the number of documentarily qualified immigrant visa applicants registered at the post. "Documentarily qualified" is a technical term, but its basic meaning is that the post has determined that the applicant has assembled all of the documents required by the regulations for that type of visa. In practice, posts rely on submission of Form OF-169 (the cover letter issued with Packet III) to make this determination. Until the post receives OF-169, the applicant does not go on the documentarily qualified list.They submit their reports via the Department's computerized system, called IVACS.
So, on the first of every month, the State Department has, from each post, a list of all of the immigrant applicants registered with that post, along with the visa classification for which the applicant is applying and the applicant's priority date. These lists are also maintained by post, by classification, in order of priority date. In the case of applicants with the same priority dates, the list is ordered by date of becoming documentarily qualified, with the applicants who become documentarily qualified earliest being listed first.
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Question : I see the dates of Oct 2004 ... for eb3(@NSC) -- now processing list..
Does that mean .. when the applicant becomes "documentary qualified" .. they create the Form I-181 for the applicant ... and the application waits in the state department until it gets a visa number. As far as NSC role is concerned .. they have done with the application... So they move on with there procesing and the dates.
Does this make sense?
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Some folks are of the opinion that the dates were set back so far only to prevent new 485s from being filed.jackmike said:Max,
what is the conspiracy you are referring to .. can you elobarate.
The logic being, USCIS wanted to somehow clean-up the mess that they're in now (with the huge pending 485 backlog).
Hence they do this to stop new 485s, while quietly adjudicating already filed cases which are after the PD.
Because of the word of the law, its very unlikely that uscis would do this -- it would've been possible had PD been only of interest to filing a 485 and not adjudicating it - but sadly its not the case.
(so in effect we are paying the price for NSC's slow adjudications -- had I filed in CSC or VSC I would've been done before all of this retro started !!)
max2k1 said:Some folks are of the opinion that the dates were set back so far only to prevent new 485s from being filed.
The logic being, USCIS wanted to somehow clean-up the mess that they're in now (with the huge pending 485 backlog).
Hence they do this to stop new 485s, while quietly adjudicating already filed cases which are after the PD.
Because of the word of the law, its very unlikely that uscis would do this -- it would've been possible had PD been only of interest to filing a 485 and not adjudicating it - but sadly its not the case.
(so in effect we are paying the price for NSC's slow adjudications -- had I filed in CSC or VSC I would've been done before all of this retro started !!)
No that is not how it works ...
The service center is doing there job .. they are processing the 485 ... and they make the applicatons documentary qualified. And then they send it to the state department.
The ball is in the state departments court .. they have to assign it a visa number and then it is sent back to the NSC for full adjucation..
NSC will continue to process the application and now they are doing Oct 2004 cases...
So for most (eb3 and retro)--- the application will be stuck in the state department for a long long time ... Can Condi help.