Retrogression for NIW Cases

R

rpen

Registered Users (C)
Hello Dear Members,
I have been reading this forum for the past 3 years and I am almost a daily reader. First I want to thank you for all the information that flows through this portal and all the people who make it happen.

My question is about the retrogression that everyone is talking about. I have my I-140 approved in July04 and I applied for my I-485 and EAD with RD/ND Nov 1st/2nd 2004. It said that EB3 categories will be the ones affected but other categories might also be affected. So I was wondering if NIW, which is basically an EB2 category, be affected and what will happen to the people who have already applied. Will they ask us to reapply or will we have to just wait until the priority dates become current. I would really appreciate if anyone could share some thoughts on this matter.

Thank You
 
rpen said:
Hello Dear Members,

My question is about the retrogression that everyone is talking about. I have my I-140 approved in July04 and I applied for my I-485 and EAD with RD/ND Nov 1st/2nd 2004. It said that EB3 categories will be the ones affected but other categories might also be affected. So I was wondering if NIW, which is basically an EB2 category, be affected and what will happen to the people who have already applied. Will they ask us to reapply or will we have to just wait until the priority dates become current. I would really appreciate if anyone could share some thoughts on this matter.

Thank You
Click to expand...

I think (I repeat THINK) that you are safe as you have already applied for AOS and thus can you use your EAD to maintain your status in the event of retrogression of the EB-2 category.

It is probably worth stating that if anybody else is has applied for NIW and is waiting to file form I-485, I would do so as soon as possible if you were born in India or China. If the EB-2 category does retrogress, you may have to wait to file for AOS or CP thus having to maintain another status.

Brian
 
Why would you bother yourself with things that do not affect you and the INS itself doesn't know on Christmas Day?
 
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