Retrogression impact on I-485 application already applied...

[zak74]

What is the impact of retrogession (in May or June) on I-485 applications already applied and in processing?

Does PD needs to be current at the until the end of the I-485 approval process?

[MayEB2I]

yes, PD needs to be current

[shreejesh]

I have been wondering about the same.

Can someone share any information they may have?

Thanks!

[zak74]

yes, PD needs to be current

At what stage the visa number gets allocated? Before FP or after FP?

[Shurap1]

At what stage the visa number gets allocated? Before FP or after FP?

At the time of approving 485

[Attorney_22]

Generally, an individual’s priority date needs to be current to file their immigrant petition. Furthermore, visa numbers must be available at the time the petition is adjudicated to receive a green card or an immigrant visa. If during adjudication but prior to approval the priority date is not longer current the petition will be put on hold until current again. If you have additional questions please speak with an experienced U.S. immigration attorney directly.

[Sanimej]

@Attorney_22: Does it help in expediting the decision on my I-485 if I had done FP ? My PD date is Jun 2008. My application was filed on Jan 18th 2012.. But I haven't got the FP appointment yet (Nebraska). Given that the dates are going to go back I am wondering if there is any advantage in raising a case with USCIS and trying to get the FP done as soon as possible.

-Ram

[Shurap1]

@Attorney_22: Does it help in expediting the decision on my I-485 if I had done FP ? My PD date is Jun 2008. My application was filed on Jan 18th 2012.. But I haven't got the FP appointment yet (Nebraska). Given that the dates are going to go back I am wondering if there is any advantage in raising a case with USCIS and trying to get the FP done as soon as possible.

-Ram

You can do that but however you need to understand that your case is still inside processing times window (TSC - 9 months and NSC - 4 months) and you may not be able to even open SR on your case. Also 485 processing CAN NOT be expedited by means of any request.

[zak74]

You can do that but however you need to understand that your case is still inside processing times window (TSC - 9 months and NSC - 4 months) and you may not be able to even open SR on your case. Also 485 processing CAN NOT be expedited by means of any request.

Hi Shurap1,

Does current location determine which processing center is assigned? I'm assigned to TSC and just today received the notices. Yet to receive FP notice.

Is 9 months minimum window for TSC ?

[Shurap1]

Hi Shurap1,

Does current location determine which processing center is assigned? I'm assigned to TSC and just today received the notices. Yet to receive FP notice.

Is 9 months minimum window for TSC ?

Today my one of friends got his 485 approved and he filed 485 in Jan. His FP was done sometime in second week of Feb. His was case was at TSC. So you can see that 9 months deadline is just to keep anxious callers away as it seems.

[zak74]

Today my one of friends got his 485 approved and he filed 485 in Jan. His FP was done sometime in second week of Feb. His was case was at TSC. So you can see that 9 months deadline is just to keep anxious callers away as it seems.

That's great. I was current in Jan 2012 bulletin. But I application was sent only on 03-12-2012 and Receipt Notice date from TSC is 03-14-2012.

The delay was due to employer and attorney. I didn't expect it that retrogression will go so far back.

It looks like it takes 2-3 months for GC approval, if there are no RFEs. If retrogression happens effective May 2012, I may not get GC this year.

I don't see any entry in Case status online so far.

[thirdpaper]

It looks like it takes 2-3 months for GC approval, if there are no RFEs. If retrogression happens effective May 2012, I may not get GC this year.

If there are no RFE's, you might get it before the retrogression takes effect. I got mine in exactly 90 days and I have been following other cases where people got their 485 approved in around 90 days (both on this forum and ********).

So, I would say hope for the best. But be prepared to wait.

[zak74]

Just read the "****************". Update on when the retrogression will happen. It seems May 2012. Too bad. I was hoping it will be June.

"Following our recent update on retrogression, we have the following news: Charlie Oppenheim, Chief, Immigrant Visa Control & Reporting in the State Department, provided AILA with further information on priority date movement in the EB-2 category for China-mainland born and India for the remainder of FY2012.

When the May Visa Bulletin is published, the China and India EB-2 cut-off will retrogress to August 15, 2007. Demand is still increasing at a very high rate and must be checked to maintain numbers for natives of other countries. As for projections for the remainder of the year, it is too early to predict movement.

USCIS has informed Mr. Oppenheim that they will continue to “preadjudicate” adjustment applications received through April. The “preadjudicated” cases will be held by the State Department in the “pending” demand file.

That way, the cases will be ready in October, or earlier, if the current number use pattern changes, and they are needed at the end of this fiscal year to assure utilization of the full employment-based permanent resident visa allocation.

We advise clients to ensure that all eligible immigrant visa and adjustment of status applications are filed by April 30, 2012. Once the immigrant visa numbers are exhausted for the fiscal year, new immigrant visa numbers are not available until the beginning of the next fiscal year which is October 1, 2012. Immigrant visa availability for the new fiscal year cannot be predicted at this time since it is based on demand".

[bpans]

That's great. I was current in Jan 2012 bulletin. But I application was sent only on 03-12-2012 and Receipt Notice date from TSC is 03-14-2012.

The delay was due to employer and attorney. I didn't expect it that retrogression will go so far back.

It looks like it takes 2-3 months for GC approval, if there are no RFEs. If retrogression happens effective May 2012, I may not get GC this year.

I don't see any entry in Case status online so far.

It happened to me too...My priority date is March 18 2008 and was current in Jan. My company attornies were lazy idiots they filed only in Feb and my receipt date is Feb 2nd. It's in NSC. Not sure I will have luck getting GC before retrogression.

[msvas]

Today my one of friends got his 485 approved and he filed 485 in Jan. His FP was done sometime in second week of Feb. His was case was at TSC. So you can see that 9 months deadline is just to keep anxious callers away as it seems.

Do you know what date your friend filed 485 in Jan? I filed in Jan as well and have not seen my GC as yet. In teh message it says "Acceptance". I dont know what that means? Please shed light. Thanks.