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optimystic
02-15-2008, 10:01 PM
Ok, so my PD got current (EB3 India). What next?

1) I dont think I can expect that my PD remains current in the next Visa bulletin as well. The dates might retrogress again...right?

2) When will they open my case for adjudication? Will it happen within the month of March? Will ALL cases eligble to be opened in a particular Visa bulletin month are GURANTEED to be opened atleast to determine the next step (like sending it to namecheck, FP etc ) for that case?
(Dont tell me nothing is GUARANTEED with USCIS :) . I mean to a reasonable levels of the word 'GUARANTEE' ! )

3) What further factors/queues/backlogs determine when a case will be opened for adjudication when the PD is current and I-140 is also already approved & FP done.

4) Namecheck - The new rule of auto-approval/clearance past 180 days.....when does the 180 day count start from?

--- Receipt date of I-485 application OR
--- Date when the application is opened for adjudication following the PD becoming current for that person OR
--- How can one find out what their namecheck status is? If we are past 180 days, is it safe to assume that we are cleared on Namecheck?

5) Will anything at all happen in my case during the remaining of this month Feb? Like pre-adjudication of my case etc in anticipation of my PD becoming current in March (as you can see by my IV handle name....hihgly optimistic :) ) ....

6)Should I be watching out for any LUDs this month or don't even bother until March


I hope the other IV brethren who might have already got their GCs and other Gurus/experts on the forum can probably shed some light on these questions, the time lines/milestones involved etc

Thanks in advance.

dilipb
02-15-2008, 10:24 PM
Ok, so my PD got current (EB3 India). What next?

Thanks in advance.


which category do u belong to EB1/2/3, which country, what ur PD.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"

NKR
02-15-2008, 10:27 PM
which category do u belong to EB1/2/3, which country, what ur PD.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"

have you started partying this early?.;) He has mentioned that he is from India and from EB3 category.

Googler
02-15-2008, 10:47 PM
Ok, so my PD got current (EB3 India). What next?


Optimystic -- is your PD current?

IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140

(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.

(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).

(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.

(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.

IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.

RandyK
02-15-2008, 11:15 PM
Googler,

How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.

Am I right here ?

I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.



Optimystic -- is your PD current?

The movement of EB-3 ROW will mop up most of the green cards left this year.

RandyK
02-15-2008, 11:19 PM
What is EVL ?

Googler
02-16-2008, 02:08 AM
Googler,

How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.

Am I right here ?

I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.

Randy and others, do go through the older threads, there are quite detailed explanation of quota allocations. ROW is the rest of the world, and yes they get to use ALL of the rest: within ROW spillover occurs from EB-1 to EB-2 to EB-3, so whatever visas are available/leftover will be used up by EB-3 ROW -- they have suffered massive retrogression for many years, and now early PDs will not be stuck in the FBI blackhole.

I am not saying that EB-3 ROW cutoff will necessarily move further forward (i.e forward from Jan05) -- DOS intent is to use up all the remaining greencards -- and it might well be that the current cutoff will achieve that goal -- if it doesn't only then will they move the EB-3 ROW dates forward. Oversubscribed countries get a spillover ONLY if EB-1 ROW + EB-2 ROW + EB-3 ROW still leave unused visas.

See my post here (http://immigrationvoice.org/forum/showpost.php?p=224031&postcount=200) as well.

RandyK
02-16-2008, 02:40 AM
:cool:

optimystic
02-16-2008, 03:34 AM
Optimystic -- is your PD current?

yes


IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140


I-485 submitted in last week of July 07. I 140 filed in premium processing and approved in Jan 07.



(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.

(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).

(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.


If what you say holds true then thats good news for me personally! But I would be curious on the process used by USCIS to dig out all applications that have current PD in march, and then sort them based on application receipt date and process all these within 60 days. I am hoping (or rather praying !) that the fact that they have entered our data into computers allows them to apply some simple sorting logic to CORRECTLY arrive at a subset of qualified cases to be opened up come 1st of March. Now the geographical distribution of cases across service centers, the huge mess during the July fiasco, and cases of people still waiting for their FP appts even now, doesn't give you too much confidence in their systems and processes. But, hey, guess I might be getting too pessimistic here and going against the spirit of own handle name :). Waited for 7 years. Whats couple more months or even a bit longer for that matter !


(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.

IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.

Thanks much for your insights.

optimystic
02-16-2008, 03:44 AM
which category do u belong to EB1/2/3, which country, what ur PD.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"

As another member already indicated , I already mentioned my PD, country and EB category in my post.

Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)

optimystic
02-16-2008, 03:57 AM
You should be allocated a visa number if nothing is wrong with your application... If its quite old as it looks to be, they may issue an RFE for EVL.. and you can respond asap and still be optimystic.. Chances are high that you'll get a Visa number assigned to you if the quota doesn't finish in the first week of March... Actual approval can come months later even if the PD has retrogressed...

So chill and prepare for EVL or straight approval...

Name check is irrelevant now.. Its 180 days from when FBI name check was initiated.. Its normally around your Notice Date...

Though my PD is quite old , I didn't get to my I-140 filing until Jan 2007 thanks to the labor certification backlog hell. It was filed premium and approved in Jan 07 itself. And also my I-485 was filed in last week of July. So the information USCIS has is kind of recent. And I have stayed with the same employer so far (One of world's well reputed & largest IT company)

I hope they look at these facts and dont bother sending an RFE or EVL and send me the straight approval ! (Fingers crossed and touch wood and whatever else !)

dilipb
02-16-2008, 02:53 PM
If an individual already has a pending AOS application on file when a retrogression occurs that places the cutoff earlier than the applicant's priority date, USCIS sets the application aside and will not adjudicate it until the priority date is current again. As an example, after months of stagnation, in June 2007 the priority date cutoffs for employment-based second and third preference (EB2 and EB3) applicants (the bulk of employment-based green card applicants) advanced dramatically for all countries of birth

dilipb
02-16-2008, 03:01 PM
Also I dont see anywhere the real PD mentioned anywhere.
Sorry I might be blind or really really drunk.
But if someone can point me that PD mentioned anywhere above.

CADude
02-16-2008, 03:14 PM
Hope for best. Good Luck.

As another member already indicated , I already mentioned my PD, country and EB category in my post.

Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)

optimystic
02-16-2008, 09:04 PM
Also I dont see anywhere the real PD mentioned anywhere.
Sorry I might be blind or really really drunk.
But if someone can point me that PD mentioned anywhere above.

I dont understand how my specific PD would help answer my questions , atleast in this case !! The PDs for EB3 india have moved from May 8 2001 to Aug 8 2001. Not a big move not a huge range of PDs in this bucket of PDs getting current in March. So I assume specific PDs within that bucket won't experience totally different results based on PD alone.

Anyway my PD is May 11 2001.

And looks like some one gave me a red dot with a comment "Asking too many questions, just relax !" ...

May be this person wants me to create a separate thread for each question :) Sorry friend for consolidating all my questions into one single thread and post!

maristella61
02-21-2008, 11:18 AM
Though my PD is quite old , I didn't get to my I-140 filing until Jan 2007 thanks to the labor certification backlog hell. It was filed premium and approved in Jan 07 itself. And also my I-485 was filed in last week of July. So the information USCIS has is kind of recent. And I have stayed with the same employer so far (One of world's well reputed & largest IT company)

I hope they look at these facts and dont bother sending an RFE or EVL and send me the straight approval ! (Fingers crossed and touch wood and whatever else !)

what is EVL ?

fromnaija
02-21-2008, 12:59 PM
what is EVL ?

Employment Verification Letter.

illusions
02-21-2008, 01:26 PM
With the new rule on FBI name checks, a potential 47K with current PDs could get their GS's soon. I wonder how much of a shift we will see in the PD's from now, after the 47K is not taken into account. I would predict a minimum of atleast a year jump, or am I being optimistic. :confused:

Lasantha
02-21-2008, 02:11 PM
Did you mean for EB3 ROW? One year? I am not so sure. Couple of months maybe...


With the new rule on FBI name checks, a potential 47K with current PDs could get their GS's soon. I wonder how much of a shift we will see in the PD's from now, after the 47K is not taken into account. I would predict a minimum of atleast a year jump, or am I being optimistic. :confused:

maristella61
02-21-2008, 02:11 PM
Employment Verification Letter.

Thanks !

optimystic
02-21-2008, 02:25 PM
With the new rule on FBI name checks, a potential 47K with current PDs could get their GS's soon. I wonder how much of a shift we will see in the PD's from now, after the 47K is not taken into account. I would predict a minimum of atleast a year jump, or am I being optimistic. :confused:

Some one pointed out in another thread, that the USCIS FAQ mentioned that only a 'subset' of the potential 47k cases have namecheck pending for more than 180 days. So may be not all of the 47k cases (even those with current PDs) may be eligible to qualify under 180 day FBI namecheck auto approval rule. Thus not all 47k cases will be approved by the mid March deadline that USCIS mentioned.

partha_vus
02-21-2008, 05:39 PM
Hi optimystic ,
You can call to Customer service center can find out your Name check is cleared or not?.

I did that and was able to get the deatils of the name check, USCIS sent to verify name check on 9/28/2007 and not yet cleared, I filed 485 on July 02, 2007. My case details are below.

Labor cleared Feb '2007 - EB3
I 140 Approved June '2007 ( Ported Priority date: Jan 2001)
I 485 - Pending filed july 02, 2007

thanks

illusions
02-21-2008, 07:01 PM
Did you mean for EB3 ROW? One year? I am not so sure. Couple of months maybe... Oh i wasn't being specific if ROW or India or china... just threw a year in there, since 47K seems like a lot of approvals at one go.

Some one pointed out in another thread, that the USCIS FAQ mentioned that only a 'subset' of the potential 47k cases have namecheck pending for more than 180 days. So may be not all of the 47k cases (even those with current PDs) may be eligible to qualify under 180 day FBI namecheck auto approval rule. Thus not all 47k cases will be approved by the mid March deadline that USCIS mentioned.

yeah i read that aswell... as usual even that little light that sometimes seems to shine... all of a sudden seems quite dim.

FYI USCIS retracted the FAQ posted on the 19th, so we will have to wait and see if it's gonna be any good news on this subject.

http://www.aila.org/content/default.aspx?docid=24696

optimystic
03-05-2008, 03:19 PM
The processing date for I -485 EB at nebraska is July 30 2007.

And it happens that my I-485 'Receipt date' is July 30 2007 too ! My notice date is 'Aug 31 2007'

So my question is should my case be logically eligible for processing at nebraska center now that we are in March and my PD is current for March. Or do the processing times at service centers represent notice date and not receipt date (I noticed that in my online case status it states "On August 31, 2007, we received this I485 APPLICATION "....which seems logical since the notice date represents the date when info is entered into computers )

As I mentioned earlier in this thread my I-140 is also already approved.

Is there a number I can call to check with USCIS customer service whether they opened my case for adjudicating it. The only immediate blocker I see now is whether or not I am past the 180 days FBI namecheck as well . Hopefully the USCIS cust rep can tell me that info over the phone. Any body got such info over the phone?

optimystic
03-06-2008, 01:43 AM
^^ bump ^^