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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 (permalink)  
Old 06-06-2008, 04:13 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
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Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Question on average how much time after RFE USCIS takes before making a decision???

I received a RFE regarding medical test because the Civil Surgeon didn't complete some of the forms properly. I replied bak to the RFE few days after I received it (within the allowed time).
my question is how many days does it take USCIS on average to look at my reply to the RFE and make a decision on my I-485 application (my PD is current as of June VB and been current for months now)

if USCIS does not make a decision and if PD retrogresses in July VB and I won't be current, does that mean that USCIS won't make a decision then untill my PD is current again???

Please advise. Thank you
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  #2 (permalink)  
Old 06-06-2008, 04:20 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
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Quote:
Originally Posted by Hassan11 View Post
I received a RFE regarding medical test because the Civil Surgeon didn't complete some of the forms properly. I replied bak to the RFE few days after I received it (within the allowed time).
my question is how many days does it take USCIS on average to look at my reply to the RFE and make a decision on my I-485 application (my PD is current as of June VB and been current for months now)

if USCIS does not make a decision and if PD retrogresses in July VB and I won't be current, does that mean that USCIS won't make a decision then untill my PD is current again???

Please advise. Thank you
People have seen approvalas as early as 11 days after the RFE response reached CIS. Their suggested limit is 60 days before which they have to make a decision.

If there is no visa number at the time they have to assign one to your case, then it will be set aside. It is not very clear when they actually assign the number.
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  #3 (permalink)  
Old 06-06-2008, 04:28 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Default

Thank you kaisersose for your quick reply.

I have 1 more question: I am currently working on ead and it is gonna expire on 9/11/08. should go ahead and file for an ead renewal or just wait for uscis to make a decision on my 485 application??

Thanks again

Quote:
Originally Posted by kaisersose View Post
People have seen approvalas as early as 11 days after the RFE response reached CIS. Their suggested limit is 60 days before which they have to make a decision.

If there is no visa number at the time they have to assign one to your case, then it will be set aside. It is not very clear when they actually assign the number.
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  #4 (permalink)  
Old 06-06-2008, 04:34 PM
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
05/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Jan 2008
Posts: 151
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Default

If I were you, will not take a chance and apply for EAD renewal
As we know how efficient USCIS works
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  #5 (permalink)  
Old 06-06-2008, 04:37 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
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Quote:
Originally Posted by Hassan11 View Post
Thank you kaisersose for your quick reply.

I have 1 more question: I am currently working on ead and it is gonna expire on 9/11/08. should go ahead and file for an ead renewal or just wait for uscis to make a decision on my 485 application??

Thanks again
Golden Rule: Never take chances with your immigration matters and never try to go cheap either.

Based on this rule, you should apply for your EAD extension.
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  #6 (permalink)  
Old 06-06-2008, 05:10 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Default

if I renew my ead and send payment. then if I get the approval of 485 application, can I cancel the ead renewal and ask for payment back??
I know that it might be impossible to ask uscis for money back, but just want to be sure.

Thanks

Quote:
Originally Posted by kaisersose View Post
Golden Rule: Never take chances with your immigration matters and never try to go cheap either.

Based on this rule, you should apply for your EAD extension.
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  #7 (permalink)  
Old 06-06-2008, 05:14 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of
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Quote:
Originally Posted by Hassan11 View Post
if I renew my ead and send payment. then if I get the approval of 485 application, can I cancel the ead renewal and ask for payment back??
I know that it might be impossible to ask uscis for money back, but just want to be sure.

Thanks
Nope, it is non-refundable.
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  #8 (permalink)  
Old 06-06-2008, 05:26 PM
Junior Member
Priority Date
:
Sep-03
Category
:
EB2
I140 Mailed Date
:
10/13/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/09/2007
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Join Date: Mar 2007
Posts: 23
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Default Don't depend on it

Quote:
Originally Posted by Hassan11 View Post
if I renew my ead and send payment. then if I get the approval of 485 application, can I cancel the ead renewal and ask for payment back??
I know that it might be impossible to ask uscis for money back, but just want to be sure.

Thanks
I applied for my renewal for EAD (expiring on 09/20/08) on 25th May and got the receipts last week. Yesterday my 485 was approved. Still I think its a small price to pay when it comes to GC, so don't depend on any 485 approval dates that you may have in mind.
__________________
EB2-India
PD: Sep, 2003
I140 RD(NSC): 10-OCT-06
I140 AD(NSC): 17-JUL-07
I485 RD(NSC): 13-JUN-07
I485 ND(NSC): 26-JUN-07
EAD/AP RD : 13-JUN-07
FP#1(NSC): 19-JUL-07
EAD Received: 05-OCT-07
AP Received: 10-OCT-07
Card Production Ordered: 05-JUN-08
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  #9 (permalink)  
Old 06-08-2008, 01:32 AM
Junior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jul 2007
Posts: 14
msr999 is infamous around these parts msr999 is infamous around these parts msr999 is infamous around these parts msr999 is infamous around these parts
Default

Quote:
Originally Posted by kaisersose View Post
People have seen approvalas as early as 11 days after the RFE response reached CIS. Their suggested limit is 60 days before which they have to make a decision.

If there is no visa number at the time they have to assign one to your case, then it will be set aside. It is not very clear when they actually assign the number.

Does this mean that they have to make a decision on I485 even if your PD is not current. My PD is 11/2004 and I had an RFE to which I sent a reply 45 days ago. So USCIS will take a decision on my I485 application in 15 days?
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  #10 (permalink)  
Old 06-08-2008, 12:57 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
08/25/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/25/2005
Compare
Join Date: Jul 2006
Posts: 684
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Not necessarily. RFEs can be sent at anytime when an application is pending. It is however most common to get one when your file is being worked upon for adjudication. Replying to the RFE in the given time period ensures that that information will be taken into account. A decision is not mandatory, even within their promised time frame if PDs are not current. If PDs are retrogressed by the time your RFE response is recieved and your file is looked at again, then you are out of luck and your file will get put back on the shelf. There are some unfortunate fellows who are still undergoing this wait, because in 2005 when EB2 was current, they recieved and responded to an RFE and by the time they were to be adjudicated EB2 India became severely retrogressed. Save for a couple of months last summer, the PD has not been near mid 2005 for EB2 India again. I am sure there are some cases for EB3 likewise from earlier in 2005 when EB3 India first retrogressed.
So if your file is near adjudication, and given the volatile nature of PD movements, an RFE, even a straightforward one, could lead to a major delay.
So the take home point is especially if you have a "newer PD". Given the narrow windows of PD moving into a reasonable time frame especially in Q4. If you get an RFE chances are, you can kiss things goodbye till the next year.

Last edited by alterego; 06-08-2008 at 01:07 PM.
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  #11 (permalink)  
Old 06-08-2008, 04:48 PM
Senior Member
Priority Date
:
Nov-02
Category
:
EB2
I140 Mailed Date
:
07/27/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2006
Compare
Join Date: Apr 2006
Posts: 281
mallu has a spectacular aura about mallu has a spectacular aura about mallu has a spectacular aura about
Default

Quote:
Originally Posted by Hassan11 View Post
I received a RFE regarding medical test because the Civil Surgeon didn't complete some of the forms properly. I replied bak to the RFE few days after I received it (within the allowed time).
my question is how many days does it take USCIS on average to look at my reply to the RFE and make a decision on my I-485 application (my PD is current as of June VB and been current for months now)

if USCIS does not make a decision and if PD retrogresses in July VB and I won't be current, does that mean that USCIS won't make a decision then untill my PD is current again???

Please advise. Thank you
I also got an RFE on medical. The stupid doctor marked "TB skin test not done" !@%$@% . RFE was responded. There were two LUDs after they received RFE ( last Friday , the latest one ) . If i am lucky , i might get approved next week.
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  #12 (permalink)  
Old 06-08-2008, 07:00 PM
Senior Member
Priority Date
:
Mar-04
Category
:
EB2
I140 Mailed Date
:
06/11/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/11/2007
Compare
Join Date: Apr 2006
Posts: 517
InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future
Default Hang on!

Hassan11,

And....are you in EB3/or EB2 ROW ? Also on what date did NSC actually say they received your response ?

From the past approvals after RFE's response that I have seen, NSC usually approves the application (if no further RFE's or issues) within 1 week. I know 3 people personally as well as on and immigrationoportal.com forums!

That said if your date is also going to be current in July (we will all know in the next few days) I would say you can hang on for a couple of more weeks...if you have to wait that long after NSC received your response then it means it might take longer.

You are already at a very advanced stage in processing where you date is current, file is picked by an IO and also RFE'ed on !

If I were in your case, I would check service center specific approval times after RFE response, current EAD processing times at NSC and whether the date would remain current next month. I would take into account every possible info before renewing that EAD and shelling out 300 odd bucks for a few weeks.


Quote:
Originally Posted by Hassan11 View Post
I received a RFE regarding medical test because the Civil Surgeon didn't complete some of the forms properly. I replied bak to the RFE few days after I received it (within the allowed time).
my question is how many days does it take USCIS on average to look at my reply to the RFE and make a decision on my I-485 application (my PD is current as of June VB and been current for months now)

if USCIS does not make a decision and if PD retrogresses in July VB and I won't be current, does that mean that USCIS won't make a decision then untill my PD is current again???

Please advise. Thank you
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  #13 (permalink)  
Old 06-09-2008, 10:42 AM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Default

In the moment,

I am EB3 ROW and my PD is May 2005 and I received an email from USCIS saying that they received my response to RFE on 06/06/08

where can I find service center specific approval times after RFE response??

from processing time, it seems that NSC processing EADs from Feb 15, 2008. this means it takes them almost 4 months to process eads.

Thanks



Quote:
Originally Posted by InTheMoment View Post
Hassan11,

And....are you in EB3/or EB2 ROW ? Also on what date did NSC actually say they received your response ?

From the past approvals after RFE's response that I have seen, NSC usually approves the application (if no further RFE's or issues) within 1 week. I know 3 people personally as well as on and immigrationoportal.com forums!

That said if your date is also going to be current in July (we will all know in the next few days) I would say you can hang on for a couple of more weeks...if you have to wait that long after NSC received your response then it means it might take longer.

You are already at a very advanced stage in processing where you date is current, file is picked by an IO and also RFE'ed on !

If I were in your case, I would check service center specific approval times after RFE response, current EAD processing times at NSC and whether the date would remain current next month. I would take into account every possible info before renewing that EAD and shelling out 300 odd bucks for a few weeks.

Last edited by Hassan11; 06-09-2008 at 11:29 AM.
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  #14 (permalink)  
Old 06-09-2008, 10:56 AM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Default to mallu

what service center are you at??
please give me the date when the service center received your response to RFE?? and the dates of the 2 LUDs after that ??

Thank you


Quote:
Originally Posted by mallu View Post
I also got an RFE on medical. The stupid doctor marked "TB skin test not done" !@%$@% . RFE was responded. There were two LUDs after they received RFE ( last Friday , the latest one ) . If i am lucky , i might get approved next week.
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  #15 (permalink)  
Old 06-10-2008, 11:45 AM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Default To Mallu

Mallu,

I sent you a PM. Please read it and reply if you can. Thanks


Quote:
Originally Posted by Hassan11 View Post
what service center are you at??
please give me the date when the service center received your response to RFE?? and the dates of the 2 LUDs after that ??

Thank you
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