I-485 Processing Time / Priority Date

[gimme Green!!]

On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

Or by luck of the draw?:cool:

[anilsal]

Hopefully by labor PD. But I have read about cases being approved in no sane logic.

[GCSOON-Ihope]

On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

Or by luck of the draw?:cool:


The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...

[GCBy3000]

yes it is like that all these years, but atleast now I hope them to use their idle and rusty brain.

There are tons of people with approved 140 with 2006/2007 PD. Even if they process they will not be in the position to grant GC to these people due to lack of visa numbers. So I hope they sort it out and process the applications based on PD.

The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...

[ss1026]

The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

Offcourse there is another thing that comes in to play and that is the per country quota :eek:

EB-3 India Feb-2005
Waiting to apply I-485

[arnet]

In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.

[sundevil]

The Last I heard they had 40K unused numbers(Ombudsman report). Some lucky few with much newer priorities might get through if USCIS tries to clear these numbers fast by end of FY'07. I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.

Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??

The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

Offcourse there is another thing that comes in to play and that is the per country quota :eek:

EB-3 India Feb-2005
Waiting to apply I-485

[franklin]

I was told that as long as your priority date is current, you can file for AOS.

As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application

[actonwang]

it sounds like PD is a MUST for approval but for actual processing order , as in backlog queue, it seems purely by luck :(

[actonwang]

thanks! GC4menow,

Kind of surprise and wonder how you get this kind of info. Is it a given rule or you got it from some friends from USCIS? It looks make sense but:

1. What is USDOS for? Department of state? Who decides Retrogression?

2. In summary, if it is "Current", USCIS processes all files by RD (receive date), and if it has retrogresstion, then they change to process files by PD.
Do they churn/reorder all cases each month according to if it is "current" or not? Any logic behind it?

I hope that sb can write "inside gc process":)

[BharatPremi]

THE TRUE answer seems to be "Nobody (even USCIS) knows".

[stxvr]

From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.

My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.

What do you say on this?

[rocky74]

I applied for my labor in July and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.

[WeShallOvercome]

I applied for my labor in July and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.


Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..

[Since1997]

From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs ...
1. Year Cap: 140000 (for EB)
2. India Limit: 7% = 9800 ONLY
3 Now imagine how many years it will take to cover up the number like 750000.
==========================
Originally Posted by andy garcia
Last year the top 5 countries in EB got all these visas:

Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864

The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
==============================

[Saralayar]

Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..
The priority date should be on or before June 30, 2007 for you to file the I 140 and I 485 concurrently for the July visa bulletin. Otherwise you can file just I 140 any time after your labor gets cleared.

[green_card]

stop the guessing game. give some concrete info if you know it or let someone else that knows answer.
what you believe doesnt amount to a hill of beans. no offense.


I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.

[stxvr]

7% limit is for the each category (like EB 7%) then seperate 7% for FB.
Can the EB used all the numbers of india (25,620) OR it can use only 7% of the EB only means (9800)