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.
 
That might be the case but there are some others who got approved who had filed in early 2004 and their PD was late 2002. I remember reading somewhere in these forums that if you have filed your 485 before Dec 31 2004, they will process your case irrespective of the retrogression date.
 
gb04 said:
I remember reading somewhere in these forums that if you have filed your 485 before Dec 31 2004, they will process your case
irrespective of the retrogression date.
Click to expand...

That is not true. They should process according to PD. That is statute. It cannot be overridden for any reason.

There is chance that actually someone may not be aware their category. There is also chance that spouse country of birth might be different
 
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.
 
gb04 said:
That might be the case but there are some others who got approved who had filed in early 2004 and their PD was late 2002. I remember reading somewhere in these forums that if you have filed your 485 before Dec 31 2004, they will process your case irrespective of the retrogression date.
Click to expand...


Before Dec 31, 2004? I think 90% of people have filed 485 before Dec 31, 2004. What would be the point of retrogression then, if it didn't apply here?

I think what you read is that people who applied 485 in 2005 will not be considered, for now. The rest have a chance of getting their visas if PD is current.
 
I think the cases are moving according to PD and in some situations even if the Processing date for ND (140/485) is not current, we have seen approvals. It does not make sense as to how that works. We have seen people having Jan 2002 as PD and ND for 140/485 as Nov 2004 have got approvals...when the processing dates are still March 2004.
 
I am not claiming I know the facts...all I am saying is that I "read in these forums" that retrogression doesn't apply to people who have filed before or on Dec 31 2004. In fact they called the service center also to confirm and thats what they were told.

Its in these forums only so seek and you shall find.
 
You must log in or register to reply here.
Top