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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 08-22-2006, 04:48 PM
GCanyMinute GCanyMinute is offline
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Default Priority Date On Receipt Notices

I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
Thanks in advance for any help.
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  #2  
Old 08-22-2006, 10:04 PM
GCanyMinute GCanyMinute is offline
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Default Pleaaase.....

... 160 views until now and no one offered any help yet
please help
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  #3  
Old 08-22-2006, 10:14 PM
tdasara tdasara is offline
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tdasara has much to be proud of tdasara has much to be proud of tdasara has much to be proud of tdasara has much to be proud of tdasara has much to be proud of tdasara has much to be proud of tdasara has much to be proud of tdasara has much to be proud of
Default

That's because most people do even know what a I-485 looks like and will likely not know for years!
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  #4  
Old 08-23-2006, 08:00 AM
andy garcia andy garcia is offline
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andy garcia has much to be proud of andy garcia has much to be proud of andy garcia has much to be proud of andy garcia has much to be proud of andy garcia has much to be proud of andy garcia has much to be proud of andy garcia has much to be proud of andy garcia has much to be proud of andy garcia has much to be proud of andy garcia has much to be proud of
Default PD in I485

Quote:
Originally Posted by GCanyMinute
... 160 views until now and no one offered any help yet
please help

Hi GCanyMinute;

The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.

thanks

andy
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  #5  
Old 08-23-2006, 08:43 AM
alien2006 alien2006 is offline
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Priority Date
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Default andy is right

The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
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  #6  
Old 08-23-2006, 09:28 AM
GCanyMinute GCanyMinute is offline
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Priority Date
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Default tdasara you gotta point!

Quote:
Originally Posted by tdasara
That's because most people do even know what a I-485 looks like and will likely not know for years!
hahaha that was really funny!!
...but also sad for those folks that are waiting
Good Luck guys!
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  #7  
Old 08-23-2006, 09:34 AM
GCanyMinute GCanyMinute is offline
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Priority Date
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May-02
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I140 Mailed Date
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Default Thanks Andy Garcia and Alien2006

Quote:
Originally Posted by andy garcia
Hi GCanyMinute;

The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.

thanks

andy
You guys were right!!!
I took a look at my I-140 and thank God yes the PD is over there!!
I guess i'll really get the GC Any minute !!!
Thanks a lot guys and good luck for you all.
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  #8  
Old 08-23-2006, 10:37 AM
knowDOL knowDOL is offline
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Default

good one.

Just correct the do to don't, you are all right.
Quote:
Originally Posted by tdasara
That's because most people do even know what a I-485 looks like and will likely not know for years!
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  #9  
Old 08-23-2006, 10:44 AM
knowDOL knowDOL is offline
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Priority Date
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Jun-02
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Default

I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

See this Q&A from Mathew Oh:

# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
Quote:
Originally Posted by alien2006
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
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  #10  
Old 08-23-2006, 11:50 AM
GCSOON-Ihope GCSOON-Ihope is offline
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Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
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Processing Stage
:
I-485
I485 Mailed Date
:
Compare
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Default

Quote:
Originally Posted by GCanyMinute
I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
Thanks in advance for any help.
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
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  #11  
Old 08-23-2006, 01:23 PM
GCanyMinute GCanyMinute is offline
Member
Priority Date
:
May-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Aug 2006
Posts: 51
GCanyMinute is on a distinguished road
Default Wow!!

Quote:
Originally Posted by GCSOON-Ihope
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
Wow!!! You must be very happpy!!!! Your GC is coming out hot of the oven huh?! That's great! Let us know when you get it 'cause things like that serve to pump up people in line!!
As for me 2 more months...please October Visa bulletin be nice to me!
Hey thanks a lot for the info, good to know USCIS just confirmed that.
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  #12  
Old 08-23-2006, 01:25 PM
GCanyMinute GCanyMinute is offline
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Priority Date
:
May-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Aug 2006
Posts: 51
GCanyMinute is on a distinguished road
Default good info knowDOL !!

for sure this info is gonna be useful for someone.
i hope i don't have to use it myself though
thanks for the help.
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  #13  
Old 08-23-2006, 01:34 PM
alien2006 alien2006 is offline
Senior Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
04/10/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 116
alien2006 is on a distinguished road
Default

knowDOL, thanks for the info, will keep it in mind.
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