Should PD be current for I 485 to be approved ?

K

kumble hometown

New Member
Hi Guys, I\'m back here after a year or so.
My details EB3, PD 10/17/1997,
RD 10/10/1999 India. I talked to IIO in VSC and she said that they are currently processing 08/99 cases. Plus so far I haven\'t got any notification for finger prints. Shouldn\'t I have my finger prints by now ?

Thanks in advance for your reply
 
No Title

Yes, PD needs to be current at the time of approval (of I-485). And your PD is more than 8 months away from being current (assuming that you are from India), and that is why you have not been issued any FP instructions yet.... The INS will send you the notice for FP when they are ready to adjudicate your case....
 
No Title

Thanks Vinod !!! Yep I\'m from India, but some of my friends already got their FP 2 months back and they are in the same EB3 category, same INS center. When you say adjudicate the case if they wait till the PD to be current then won\'t I be spending more than 2 month or so getting FP, investigation and all that.

Thanks
 
No Title

You are probably right. Your friends whom you say, got their FP notices a couple of months back might have applied also a couple of months ahead of you, like in Aug/Sep, 1999. The INS did send out FP notices for all/most applications that were filed in Aug/Sep, 1999, but they soon realized that most/a lot of the application that were filed at that time did not have their PDs current, when the PDs were re-introduced. Since FPs expire in 15 months, thaty wanted to eliminate the possibility of an FP redo. So they decided to send FP notices to applicants only when they start working on those cases, i.e., when the PD has become already current or is on the point of becoming current. This might entail a few weeks extra in the total processing time, but saves the INS and the applicants too, a lot of time & effort, if the FPs have to be redone.
Of course, witht he new rule (S.2045), it is expected that PDs will move significantly in the next 2-3 months, but the INS had decided on this operating procedure before the bill was signed into law.
 
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