What Happens To Cases Applied Earlier

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Registered Users (C)
What happens to the cases which have been accepted and already have a notice date receipt date and Approved EAD?

My CASE Was filed Concurrently
Filed on 15 th august 140 /485/EAD/AP
ND 08/19/05
EAD approved 09/02/05
FP yet to be done
NO LUDS on 140 or 485

What happens to cases like mine?I can keep my EAD I guess ?Will retrogression affect our cases which have been already accepted?

Did anyone receive any rejections for people who have applied before 08 september?


Anyone in same boat ?

Thanks
 
Basically nothing happens to your case. They won't process the I-485 until your Priority date is current. The I-140 can get ajudicated with no problems. It does not affect that or your ability to apply for renewal EAD and AP.
 
THis may be up for discussion but my assumption is that already filed cases will be processed as regular. Retrogression effects only new applicants. It's like shutting the tap on new applications to allow for the backlog to be cleared. I may be wrong but all i see is that there is a shortage on Visa numbers and when your I-485 application Receipt notification is sent, a visa number assigned to you which means visa numbers are available for accepted 485 applications.

I'd like to welcome any comments from guru's backed with data. It may be tough because the date in Visa bulliten have been current for years..

Take a look at the rejection notice which was posted recently on this forum. the 485 was not rejected but the application itself was rejected probably because I-140 was also being applied concurrently.


Waiting
EB3 485 pending Name check RD Dec 2003
 
waiting_waiting said:
THis may be up for discussion but my assumption is that already filed cases will be processed as regular. Retrogression effects only new applicants. It's like shutting the tap on new applications to allow for the backlog to be cleared. I may be wrong but all i see is that there is a shortage on Visa numbers and when your I-485 application Receipt notification is sent, a visa number assigned to you which means visa numbers are available for accepted 485 applications.

I'd like to welcome any comments from guru's backed with data. It may be tough because the date in Visa bulliten have been current for years..

Take a look at the rejection notice which was posted recently on this forum. the 485 was not rejected but the application itself was rejected probably because I-140 was also being applied concurrently.


Waiting
EB3 485 pending Name check RD Dec 2003
Click to expand...
Nope -- a visa number is requested only at the time of approving the 485 (not when accepting it)

The cases that are pending now would remain pending till such time when the PD becomes current (at which time new applicants can also apply for 485 - based on PD).

I would be happy if they processed pending 485s like you say, but I know its only wishful thinking on my part :)
 
interesting point

This brings a very interesting point.

We know many pending 485 cases are almost finished,
They have done FP, answered RFE, but pending
duo to Namecheck from FBI. I know a friend
has done interview recently but can not
get PP becasue Namecheck has not come back
yet. What will happe to these cases now??

Suppose these cases will be held up due to regression,
and they have to wait for 2 more years, then after
2 years, they have to do FP again, do medical again,
and if FBI change the Namecheck system in 2 years
(which is most likely), they may have to do Namecheck
again, i.e. they have to start all over again. What a
waste, for both the applicants and USCIS manpower
(like what is happening in BRC now, USCIS have to
waste several months without doing anything, just
resorting all the pending cases, puting them in the
queue, and after 2 or 3 years, review them again which
have been reviewed already).

I have seen a EB3 guy has a post here before says
he got his 485 approval notice after July. But on
the 485 approval notice it says he can not get PP
because there is no Visa available for EB3. He has
to wait until Oct. to get his PP. (Now is not Oct. anymore)

So I think this may be a solution to all pending 485
cases, i.e. USCIS still process all pending 485 cases
and issue approval notice. However, when your
PD is not current, then the visa number and GC will
not be issued to you. But your 485 process is closed
and you don't have to think about it anymore. You
only wait 2 or 3 years for the card to come or get PP.
This not only can save a lot of manpower of USCIS,
but make all the pending applicants happy. Win-win
for both sides.

But, as Max says, this is just our wishful thinking.
 
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