Spoke to IIO about FP

S

Shakur

Registered Users (C)
ND:10:05:99, EB2. India. I was told that they have stopped sending FP notices to 485 applicants from India and China. I was told that FPs are valid for 15 months. They do not want us to go again FP after 15 months and is the reason for not sending FP notice. They are calculating available visas etc......

What this means is clear that there is going to be regression of PDs and 485 approvals are going to slow down for India and China.
 
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That\'s just plain balooney. If they are processing August cases right now, how can they say that they will not get to October cases in the next fifteen months. Moreover, new visas are available every fiscal year starting from October. So there is no question of visas not available for the next 15 months. Don\'t believe that. It is plain crap.
 
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I got the same baloney from IIO I spoke. MY RD is Sept 99/ ND Oct4 99, EB2 India, PD Dec 98. . She said that due to retrogression for Chinese/Indian visas my case is on hold.
 
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That is possible .
With the dates having been current in Aug 99
The no of applications recd in aug/ sept 99
must have been phenomenol and hence their
calculation for visas not being available
to applicants with oct/nov 99 RD.
I can believe that . My ND is Oct 1 and
still haven;t recd FP notice
 
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Well, the question is how many of the applications filed in August/Sept/October 1999 have a current PD ( in the case of EB3 India, PD before 08-Feb-1997)? May be 6-8 months worth? So my guess is that the Date may regress slightly or may stay put for quite sometime before moving forward very slowly. I think INS is going to undergo another audit in September probably to determine exactly that. So we just have to wait and find out and not panic. I don\'t think it is going to be as bad as the IIO is painting it.
 
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The question is does PD matter once 485 is filed.
I have come across many posts all contradicting each other.
However if processing 485 happens by PD then its a different story.
 
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How come CSC has issued FP notices thru Apr\'00?

I think the IIO was throwing pure, un-adulterated crap at you.
 
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You overlook one major fact....the huge number of applications received in Aug/99 when all PDs became current. These alone could eat up the India/Chinese quota for the coming fiscal year.
 
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Yes...PD does matter even after I485 is filed. If your PD is not current when they adjudicate your case, then a visa can\'t be issued to you. Your application will be put aside and looked at again later.
 
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485hopeful,

I agree with you...I think NSC (I believe that it\'s for EB3 cases only...am not sure about it though!) also has stopped sending out FP notices for folks whose RD\'s are Oct 99 and later...

Couple of questions...

Assuming VSC goes thru all the August applications in the next couple of months, wouldn\'t the PD go back? if indeed the PD goes back, then maybe VSC might decide to send FP notices for folks whose RD\'s and ND\'s are in October and November...I don\'t know if what I am saying makes sense or not...please comment on this one...

Also, is VSC the recipient of a large number of 485 applications(compared to other service centers)? if that is the case, then what the IIO said (not sending FP notices) might be closer to truth (although we wouldn\'t want to hear it!) than we think...again, I might be wrong here...

Please comment...
 
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Let us start a new discussion on all cases who got their FP notices from today from VSC with RD/ND > October and belonging to countries India and China. That statistics should help in confirming or rejecting this claim.
 
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Well if PD does matter then it should not be such a problem
because even though there must be a large no. of applications
filed in Aug / Sep 99 , however they will not consume visas so
VSC will move on to Oct / Nov 99 cases . Well if PD doesn\'t matter
then it will take more than a year to clear aug / sep 99 cases.
I have personally seen a web site ( murthy laywer ) that claims
that VSC follows PD after 485 filing and yet another lawyer\'s web site that claims that for CSC PD is irrelevant after filing 485.
I don\'t know what to believe. However I guess the earliest people
with Oct / Nov ND\'s would get any respite would be oct 2000 when
new fiscal year begins and new quotas are released
 
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The lawyer\'s web site (www.immigration-law.com) that claims PD is irrelevant after filing was talking about I140 applications...not I485.

PD does matter for I485...if it\'s not current, then you can\'t get a visa.

India/China Oct/Nov 99 filers are screwed...the huge number of India/China Aug/99 filers will eat all the visas for the coming fiscal year for those countries. Other countries will be OK.
 
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If you are so sure that PD matters then why do you think that Aug
Sep filers will eat up a lot of visas. Majority of them won\'t have their PD current and hence will not impact visa consumption .
If they follow PD strictly then nothing should change as average
number of approvals will remain the same and Oct / Nov 99 filers
should not see any major problem . Maybe a very slight delay if at all
 
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Hi 485hopeful,

Thanks much for your reply to Ned Kelly\'s message...I was frustrated a little bit after reading it...that oct/nov filers have to wait till oct 2001 (for the 2002 quota to open up) atleast to get the approval...

hope your prediction (that it\'s going to be only a few months worth of delay)comes true...
 
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Hi every one,
The flooding of applications in Aug-99 is true for EB3 category; this is not the case for EB1/EB2 applicants. We should consider each EB category has its own visa allocation and visas cascading to next category once it isn’t used. The EB1 category had PD current all the time. The EB2 applicants waiting for PD to be current at the time of Aug-99 was negligible. So the visa retrogression problem should not be true for EB1/EB2 Aug-99 applicants.
Sujatha.
 
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That\'t true for even EB2 category. All priority dates became current in August. But before that in July, EB2 priority dates moved forward by about 9 months. So its not just August applicants eating up the visa numbers. It\'s July and August combined. EB1 will be ok.
 
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I meant that they will eat up visas for the India and China quotas. Any India/China nationals who filed I485 after Aug/Sep 99 are in for a long, long wait. Other countries should be OK.
 
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Responding to threads 6 & 7, I would like to state that Ned Kelly is right in the sense that PD is relevant for I-485 to be approved - it will not be approved if your PD is not current. But what I think happened is what has happened all along - and what is still happening - the INS messed up again. They sent FP notices to all filers in Aug/Sep, 1999 without regard to PD. Now they have so many FPs back from FBI that they cannot process as many PDs, (mostly India/China EB3) are not current. So they don\'t know what to do with them and decided to stop sending FP notices to applicants who filed in say Nov, 1999. Hopefully, they will get out of this mess soon and start sending out FP notices to applicants whose PDs are current....
 
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its not balooney, its true. i just spoke IIO, he said as india and china dates have retrogessed, they have been instructed to stop sending FP notices for these two countries. This maddeneing and frightening, just when i thought light was there at the end of the tunnel. looks like deep freeze again :(

PD sept 1997, EB2 india
 
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