Why are people from retrogressed countries getting approved before PD?

S

shadyhtown

Registered Users (C)
I was on rupnet.com immigration page, and I noticed people who noted down their information after being approved. In the records for the past month and a half, atleast 5 people were EB3 from India (a retrogressed country) who had priority dates that were not yet current - usually PD of May, July, even October 2002. Why did they get approved then?

Maybe these people did not write their Priority dates correctly - or they might have written the dates of when their Labor was approved, rather than filed - but I doubt that's the reason.

One note: these people usually had a 485 receipt notice date for early/mid 2003 or so, only about 6-8 months away from their Priority dates. I suppose the PD must have been for their 140s, and some of them got approved despite retrogression because their 485s had been pending for a long time.

I suppose this was one of the times where the 485 ND, rather than the PD, came into play. Processing had probably started on their application before the retrogression took place.
 
I think USCIS is processing concurrent application together.
Just a guess ... you never know ...

Thast my 2 cents
 
In general I agree with GRGCWAIT. Many people do not know what PD is.

Then again if you think logically, CIS opens (let us assume) the files by PD. So they probably opened the file with eralier PD and then they started background checks. For some reason the checks take longer time. Meanwhile, they opened next file and luckily that guy's checks come back fast. I am guessing in this case they probably approve the guy with later date instead of waiting for the previous guy. My guess - !!!

But anything is possible with CIS, I myself was luckier and got approval ahead of many friends with earlier PDs than mine. My PD was Feb,2003 and 485 RD was 9/28/2003. But if you see the following thread there are many people with earlier dates than mine. And you can see some are stuck at name check stage !!!

http://www.rupnet.net/immigration/posts/reply.asp?id=5798
 
Last edited by a moderator:
In a perfect world, the cases would be handled in a perfect chronological manner, even an April 12 case wouldn't be handled before an April 11 case, etc. But this isn't a perfect world - oh well. If that was the case, we'd be done with all 2002 PD cases by now and into 2003.

By the way, I actually contacted one of those people, who had a PD of May 22, 2002, and was approved in March, when the PD was current for cases before March 1 2002. He said he probably just got lucky because his PD wasn't too far away from the current.

It's one of those rare situations. I suppose that happened because he is in NSC, which is processing cases much faster that other SC's, so maybe it's going over the PD a couple times.
 
shadyhtown said:
... I suppose that happened because he is in NSC, which is processing cases much faster that other SC's ....
Click to expand...

You're kiddin' right ?? NSC moves the SLOWEST of all ...
After like a zillion years, NSC finally moved its JIT date to Jan 2003 .. It was stuck in 2002 all this time ... even NSC was ashamed of it - so they moved it up :)

Am thinking it was a typo in your post ... you wanted to say CSC, perhaps ;)
 
shadyhtown said:
EB3 PD April 22 2002
Labor AD June 2004
I-140/I-485 ND Aug 6 2004
AP Aug 2004
EAD Aug 2004
I-140 AD Feb 2004
FP March 15 2005
I-485 AD (when my date overcomes retrogression, hopefully) .
Click to expand...

You should correct your signature...your date has overcome retrogression. What is your game plan now?
 
All such approved cases I've seen in this forum are the cases when RFE was issued before retrogression occured.

After NSC gets RFE response, the documents are in "processing queue" - i.e. somebody is actually looking at them, instead of being put on shelf. It looks like NSC ignores the retrogression once the documents are already in queue.
 
jghsrapt said:
You should correct your signature...your date has overcome retrogression. What is your game plan now?
Click to expand...

Okay thanks, I corrected it.

My plan now is to wait. I have completed FP more than a month ago, and my results have also been returned. I'm expecting to get approved in May, or June at the latest, unless there are any problems with name-check or RFE.
 
m.e. said:
All such approved cases I've seen in this forum are the cases when RFE was issued before retrogression occured.

After NSC gets RFE response, the documents are in "processing queue" - i.e. somebody is actually looking at them, instead of being put on shelf. It looks like NSC ignores the retrogression once the documents are already in queue.
Click to expand...

I doubt that is the case. there are many RFE respondents who have been waiting 4-5 months and not seen any activity in their cases after RFE has been received by NSC and the only reason is beacuse their PD is not current.
betsy
 
I have been waiting for more than a month after my RFE was received by NSC. My priority date is current too. Where is my lady luck?????


----------------------------------------------------------------------

Labor Filed on : March 15th, 2002
I-140, I-485 , EAD1, AP1 EB3 Concurrently filed on : Dec 12, 2003.
FP1 - May 25, 2004
EAD1, AP1 - Approved on Jan 30, 2004
EAD2, AP2 - Filed on Sep, 20, 2004
AP2 - Approved on Nov 26, 2004
EAD2 - Approved on Dec 2, 2004
RFE - 485 issued on Feb 4, 2005 Received on Feb 16, 2005
RFE response received by USCIS on March 8, 2005
I-140 LUD on March 15,2005
 
gc_patience said:
I have been waiting for more than a month after my RFE was received by NSC. My priority date is current too. Where is my lady luck?????
Click to expand...

Correct me if I'm wrong, but I think RFE's are basically a problem. It means there was a problem with your application; it was probably incomplete, and more evidence was needed. As such, I would think that cases with RFE would take longer than others, because the evidence has to be received and the application has to be checked again to verify that the evidence matches.

It's also possible that the application has been checked, evidence is missing, so an RFE is sent, and the application is sent back to the starting pile, and when RFE is received, the application is reviewed only after the turn comes again. That's why people who got RFE's have to wait a looong time.
 
Shadyhtown,

You can be right or wrong only when there is some logic behind a conclusion. NSC does not operate with any kind of logic. We all make our statements based on certain permises that we have formulated over the course of time using the processing pattern of fellow applicants.
That being said, it is very common to see folks who get approved in less than a couple of weeks after their RFE is received, and that was the reason for my frustration.
 
Last edited by a moderator:
You must log in or register to reply here.
Top