Switching to I-485

Who is talking about EB2 Retrogression not the DOS bulletin
Well the law firms might scar to make benefit,
I WOULD CALL ON MURTHY.COM for their rumour about EB3 Dates might retgrogress even further in the coming months according to DOS bulletin
Absolutely unethical to say that.

Percountry limit is eliminated in calendar quarter is the overall available numbers is not exhausted

FULL QUOTE
Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.

In the current quarter Q1 of FY05,applicant demand is greater than overall numbers available and hence certain areas are deemed oversubscribed.

/S
 
Guys just a thought and this time a positive one ... why all the PD for all the countries is 01JAN02 ? I believe this is a 'trial' date. They would move further and hopefully fast towards being current depending upon the consumption of Visa Allocations for that country....

So hang on guys .. we will see fast changes ...

And as a matter of fact, consulate is holding already approved cases that were sent when the PDs were current. Hopefully they shouldnt fall into Retrogression. As this kinda situation never happened that the cases ready for adjucation for CP got retrogressed. How they would justify already scheduled interviews for Jan2005 that were scheduled in Nov 2004?

Its a mess of laws and bylaws that only time would solve.
 
Bhasu,
Its true i had the same thought,that its a trial
last time it retrogressed was in April 2000.
See what they did back then

http://rapidimmigration.com/www/bulletin/2000_April_bulletin.htm

No suprise 01JAN97

But the times have changed from then to now
as i mentioned
Americans competitiveness in 21st century act has a lot of good provisions.
I hoped they took the 27% rule out.
but in anycase, i take my wife's advice, all is for good and lets stay together for support for each other.
Im planning to talk to my congressman tomorrow though just to bring up the issue, try to make noice thats how Americans competitiveness in 21st century act came to existence in Oct 2000.

/S
 
One question for all of you.
How does it work if i want to file 485 ? Fee bill is paid and i was waiting for packet 3.

Do i have to notify NVC that i am taking USCIS path ?

Does USCIS need to know that my case was in NVC and i am going to USCIS way ?

june04
 
From what I understand...
It's enough if the I-485 package is received in the mail by CIS by Dec 31st. No other notification is needed. When they open the package they'll put it on the que and initiate the recall of the case from NVC/consulate. It's quick this way but not vice versa (it takes a long time to switch from I-485 to CP)
 
emailraja,
Which service center are you filing I-485 ?
My employer is in Boston-Mass. I am in Texas.
My Lawyer said i have to file 485 in texas. because this is not con-current.
-june04
 
I had discussion with my lawyer (though this forum had been more helpful to me throughout) about the current developments of PD Retrogression.

- he Confirmed that No interview would be scheduled unless your PD is current (I'm still not clear if all the Jan scheduled intervies are with PD prior to Jan2002)
- He suggested immidiately to file for I485. As there is no provision under CP ruling to get AP or EAD. That means that if this wait time exceeds my H1B limit I'd be considered illigal. Is this true ?
- This may be filed without filing AP / EAD right now and those can be filed later once the I485 application is entered in USCIS sytem.
- No need to withdraw CP case and I 485 case would go together and I may get Interview benefit of CP incase the PD becomes current. (I'm not very clear if you can file CP then AOS and dont withdraw the earlier application.Members pls share....)
- How many days it takes to get the Medicals done ? Cos here we are talking abt days .... and with Holidays coming up , about hours...

Please share your thoughts.. Thanks
 
I also talked to experience lawyer(not my lawyer :() , he also said, CP and AOS can go together. I did not understand it though.
 
Hi ALL,
After your case is reviewed and sent to consulate by NVC, it will take almost 60-90 to get interview date ,with this PD date issue ,can some one expect to get Interview date less then 60 days ?


Thanks
NK
 
Guys I picked I485 package from my lawyer... made my mind abt going the AOS way. Medicals take 3 days and by 20th dec would file my 485. This wouldnt withdraw my CP case , and once the PD becomes current, would go for my Interview at the consulate if I havnt used my EAD or AP (Hope that doesnt take that long) .... Still hopes .... :p
 
just some clarification after reading this thread...

What are the CP disadvantages?
..other than benifit of filing EAD and AC21 that you get with 485.

I am going thru this process at US Embassy at New Delhi and is haing interview dates soon.
Do we need NVC approval befor CP dates from the embassy? In my case, I haven't have this. Anybody experienced?
thanks
YD
 
ydwivedi said:
just some clarification after reading this thread...
What are the CP disadvantages?
..other than benifit of filing EAD and AC21 that you get with 485.
I am going thru this process at US Embassy at New Delhi and is haing interview dates soon.
Do we need NVC approval befor CP dates from the embassy? In my case, I haven't have this. Anybody experienced?
thanks
YD
Click to expand...
ydwivedi

Can you pls send your case details. what is your stage of CP. Are you EB2/EB3 ? whats your PD? If you may just add your proceedings in CP at www.cptracker.com. You will have clear idea of the case steps.
FYI NVC reviews your P3 before it sends your case to NWD consulate. this finishes the role of NVC.
pls share your case details, then it would be clear.
 
Bhasu said:
Guys I picked I485 package from my lawyer... made my mind abt going the AOS way. Medicals take 3 days and by 20th dec would file my 485. This wouldnt withdraw my CP case , and once the PD becomes current, would go for my Interview at the consulate if I havnt used my EAD or AP (Hope that doesnt take that long) .... Still hopes .... :p
Click to expand...
Hope it works out for you. Good luck.

If you see the forum desp. in GC forums list, U'll see Rajiv's take on it.
 
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