USCIS Memo on Priority date Retrogression

cbeking,

I have seen your tread ' USCIS information on Priority dates' last month. Your viewpoint gave me (us) lot of hope.

Now what's your take on this USCIS memo?
 
MunnnaMobile,
I had same LUD changes as yours on 12/16 and 12/17..My Case got approved on 12/29..I guess they must be handling your case now for sure..that can be the only reason for LUD change..I suggest you wait for another week or two before coming to a conclusion that your case has been put in abeyance..
MunnnaMobile said:
any valuable views about my case cbeking !!
 
Mikejohn,

The memo confirms that USCIS is aware of priority dates retrogression and they are acting upon on it (which apparently is not really a good news for pending applicants in EB3 categories from the affected countries). If you have already done your FP, there might be a chance of approval before mid Jan..else i guess it will be quite a wait ...hard to digest the fact ...but thats bitter reality..
I read a complete article about 485 standard operating procedure and it confims that the visa # issue does affect pending 485 applications..

But please make a note on the memo header:

It says "Regression of E31 and E32 Visa Numbers for Applicants from Mainland China, India, and the Philippines"

If your visa category ..does not fall under E31 or E32, for example.dependents fall under E39 ..then visa number retrogression might not affect your case..

mikejohn said:
cbeking,

I have seen your tread ' USCIS information on Priority dates' last month. Your viewpoint gave me (us) lot of hope.

Now what's your take on this USCIS memo?
 
cbeking said:
MunnnaMobile,
I had same LUD changes as yours on 12/16 and 12/17..My Case got approved on 12/29..I guess they must be handling your case now for sure..that can be the only reason for LUD change..I suggest you wait for another week or two before coming to a conclusion that your case has been put in abeyance..

Thanks cbeking !! I will hang in there for another couple of weeks !!
 
485 Question

Hi Guru's,

Can we send an amend to move the 485 processing from EB3 to EB2.

Let me know.
 
Hi ptlsb
I don't think u can change the category at I-485 stage.
It's only possible at I-140 stage.

May be contact ur lawyer
 
Hi cbeking,

You said that visa retrogression may not affect E39 case (derivative). I wanted to find if my wife's case will be affected or not (please see signature below). I don't know if my PD (Jul 02) is applicable on her case or not. We only applied for 485, AP, EAD for her as she is filing as my dependant.
Can you please clarify?
Thanks.

cbeking said:
.....

But please make a note on the memo header:

It says "Regression of E31 and E32 Visa Numbers for Applicants from Mainland China, India, and the Philippines"

If your visa category ..does not fall under E31 or E32, for example.dependents fall under E39 ..then visa number retrogression might not affect your case..

----------------------------------
EB3 concurrent filing in VSC

LC (RIR) applied: Jul 02 PD: 7/17/02
LC approved: Apr 03

I-140 ND: 5/28/03 AD: 4/20/04
I-485 ND: 5/28/03 AD: 11/30/04 PP stamped: 12/13/04
CO: 1/10/05 CM: ?? CR: ??
FP done: 3/16/04

Spouse's 485 ND: 5/24/04 AD: ???
Spouse's FP: ???
 
Is Derivate independent of Primary?

My son is Australian born, does it mean that he would get approved before primary applicant approval? My guess it is unlikely. There is nothing wrong in having some hopes.
 
Raju,
they might be able to use your son's citizenship for alternative chargeability and every one of your family could get approved. Check for Alternative Chargeability in the case of retrogression.
 
nyte_crawler

Thanks for encouragement in this depressing period. This alternative chargeability is used to avoid penalizing minors. I wonder whether does this apply in my case?

Also both my wife and myself are naturalized Australian citizens. The categorization goes by country of birth and not by nationality. It is very interesting to see what comes out of all this mess...

thanks
raju
 
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