Anamoly of 485 filings

[sdeshpan]

Okay, the following post from Ron Gotcher makes a lot of sense to me...how can one justify these post-July 2007 filings for I-485?? :confused:


Most people probably write off my concerns about the CIS lying to us as just a product of my overall dissatisfaction with that agency. For those of you who are inclined to take their numbers at face value, I'd like to call your attention to the following.

In July and August of 2007, all priority dates were "current" for all categories. It was possible for anyone to file for adjustment of status, provided they either had an approved labor certification or qualified for an I-140 that did not need a labor certification.

For our purposes, all EB3 cases require labor certifications. All EB2 do as well, except for national interest waiver cases. Given that PERMs were taking longer than three weeks to process in August, 2007, it is safe to say that no one who filed a PERM in August 2007 was able to file for AOS before the August 17th cutoff.

Keeping this in mind, recall that neither India nor China EB2 ever advanced beyond 2006 following July, 2007. Similarly worldwide EB3 did not advance beyond 2006 after that date. This means that it has been legally impossible for anyone with an EB3 priority date of August 2007 or later to file for AOS since July 2007. Similarly, it has been legally impossible for anyone from India or China to file an EB2 based AOS since July of 2007.

Nonetheless, the CIS pending backlog statistics show the following numbers of cases with priority dates after July, 2007:
China
EB2 562
EB3 73

India
EB2 652
EB3 539

Mexico
EB3 133

Philippines
EB3 195

Worldwide
EB3 1,392

By my count, that is a total of 3,519 single state limited EB2 and EB3 cases from everywhere filed with priority dates that have never been current.

[gcforevr]

Following categories of people could have applied after Aug07..
1. Dependents of people who had earlier priority dates but were not able to file as they were out of the country
2. People who had earlier priority dates got married and filed for their spouses...
3. who had earlier priority dates gave birth outside the country and applied for their kids

[485_spouse]

Following categories of people could have applied after Aug07..
1. Dependents of people who had earlier priority dates but were not able to file as they were out of the country
2. People who had earlier priority dates got married and filed for their spouses...
3. who had earlier priority dates gave birth outside the country and applied for their kids

1st and 2nd are def. not correct. I had a earlier priority date and got married when 2004 retro hit. I was not able to file for my wife.
I am sure 3rd is not correct either.

[fromnaija]

Following categories of people could have applied after Aug07..
1. Dependents of people who had earlier priority dates but were not able to file as they were out of the country

Possible but then the PDs of the dependents will be the PDs of the primary applicants and not new PD!


2. People who had earlier priority dates got married and filed for their spouses...

Same as 1 above.



3. who had earlier priority dates gave birth outside the country and applied for their kids

There are two cases here: if the returning parent already has GC, then the child could be brought into the country and obtain GC at point of entry but then such GC will not be counted against EB quota.
Case two: if the returning parent was still AOS pending, then application for such a child would still need to have the primary applicant's PD current or if current then the child's application will have the same PD as the primary applicant's.

So in all cases, I don't see how these cases got filed without PD being current or with PDs after August 2007. We should raise this question to USCIS.