While adjudicating a case

O

Openarms

Registered Users (C)
1) we know that USCIS is looking into the availability of VISA number i.e. is PD is current or not.

2) How about considering 2 cases (Case A and Case B) priority date is current, their I-485 RD dates are different. Is USCIS will consider the case whose I-485 RD earlier?

Example:
Case A: Labor PD is January 01, 2002 -> I-485 RD is November 01, 2003
Case B: Labor PD is January 01, 2002 -> I-485 RD is December 01, 2003

Which case USCIS will adjudicate first ( considering all completed for both )?
 
Which ever get's looked at first or the application which ends up with more efficient AO...would be my guess.
 
Technically "Case A" should be adjudicated, but the question is whether USCIS is following this rule or not? which is simple database filter. If not, than it is not fair, we need to focus on that issue to rise. So that at least from now on people who deserve more can get their GC. Otherwise with amount of I-485 applications filled during July Visa Fiasco, Labor Substitutes, EB3 to EB2 conversions will definitely delay the 2001 and 2002 PD EB3 cases significantly.
 
exclude

exclude EB3 to EB2 conversions point in previous posting.

Openarms said:
Technically "Case A" should be adjudicated, but the question is whether USCIS is following this rule or not? which is simple database filter. If not, than it is not fair, we need to focus on that issue to rise. So that at least from now on people who deserve more can get their GC. Otherwise with amount of I-485 applications filled during July Visa Fiasco, Labor Substitutes, EB3 to EB2 conversions will definitely delay the 2001 and 2002 PD EB3 cases significantly.
Click to expand...
 
USCIS does not care who gets approved and who is not......USCIS only cares about $$$$ they make out of millions of pending cases....more pending cases more $$$....
 
They do look at RD. I think, when the officer gets the file based on PD and RD and if some information is missing, they will raise RFE and if name check is pending it will probably go back to the DB and at this point I am not sure if they will tract RD. I think TSC is relatively fast compared to NSC wrt to Name check. They check the files for every 3 months to see if name check results are posted to USCIS. I am not sure if they look at RD for second round files such as from name check results and RFE responses.
 
They do look at RD

Hi knowDOL,

You are right. Here is my situation:

TSC
I-485 RD: 7/13/07
NC cleared: 10/18/07
Current status: Pending

I spoke with an I/O yesterday and I was told that my case has been assigned to an officer.

I called again today, I/O told me my case has not been assigned. I asked why, because my visa number is current (EB-2, rest of the world).

She told me that she does not know.

Any idea why I'm getting 2 different messages?

Is TSC going by RD before assigning cases?

(May be that is why my case has not been assigned yet, because currently they are processing RD's earlier than 7/13.)

What do you think?
 
both times, if you were sure that you spoke to TSC representative and not National Customer Service representative, I would say that there are some IO's in TSC that do not share information correctly. So, one should not take it as correct information unless confirmed by atleast two people. Better take info pass appointment.
 
If they don't take RD in account, that is another injustice to add on top of all the un reasonable things that USCIS is doing.
 
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