What happens if

H

hello100

Registered Users (C)
Say some one filed I-485 in July - August period. And in October for FY2001 INS decides to adjust the visas (available for all categories) and retrogresses the PD\'s then would this person\'s PD would be considered current ?
 
Retrogression

If PD retrogresses (goes back), that person application would go into a cold storage. It will be picked only when the dates advance and that person\'s PD becomes current.
 
INS is a joke

This is what happenned to all the EB3 folks who applied during the riot of Sept-Oct 1999. Their applications went into a cold storage sometime in March 2000 and were only picked when the dates advanced this year. Check www.immitracker.com. some EB3\'s who applied in oct99 were approved in may-june this year.
 
No Title

these guys are still lucky. atleast they filed their application. other wise they would have been filing now and waiting for another year.
 
No Title

I think INS does all the processing like sending out RFE\'s if any and FP notices etc.. but does not approve the case until the PD is current. I have seen people got approved on day 1 of their PD being current.
 
but..

but technically if RD and ND are current then application should also be current !!! Otherwise it just does not make sense.
 
No Title

Not necessarily. Consider this..EB3 India with a PD of Oct 2000. Sent to VSC in August 2001 so RD would be August and ND would be sometime after that. At this time (August 2001) VSC is processing applications with RD/ND of December 2000.

October 2001 -- PD\'s retrogress to Jan 1999. Hence our applicants PD is no longer current - VSC processing 485 for RD/ND Feb 2001

December 2001 - PDs are at July 1999...so not current..VSC processing 485 for RD/ND August 2001..

So even if VSC is processing 485 RD/ND august 2001 which is the RD/ND of our applicant and PD not being current our applicant won\'t get approval. The approval will only be after PD is current.
 
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