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 )?
 
Here are the possibilities:
1) A-first, B -second
2) B-first, A- second
3) A-first, B - forever pending / never approved
4) B-first, A - forever pending / never approved

In other words, either of the case can get approved before the other. and either of case can be stuck in the processing queue for ever. With USCIS - hope for the best, leave the rest to it. No logical analysis will work as the system is so pathetically underperformed. You and I pour money into the system, only almighty knows where the money is going when those dumb-no-brainers are made to sit on the hot seats.

You dont have to answer is question, but is there something you mind sharing with us as to the importance of scenario that you have presented?


Openarms said:
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 )?
Click to expand...
 
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.
 
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.
Click to expand...

Basically those two cases can be assigned to two different officers.
In this scenario all depends on workload of each individual officer, on his/her working speed, and on the lot of personal situations.
of course, assuming that background checks completed for both cases simultaneously.
If it is one officer with these two cases then cases will be processed in order of RD.
 
You must log in or register to reply here.
Top