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Law Loving Alien
09-18-2006, 10:56 AM
I am still not clear about how I-140/I-485 cases are processed. Lets
say somebody eligibile to file from Non-retrogessed country whose
visa dates are current files I-140/I-485 (with recently approved labor
and prioority dates of 2006 only) around June 2006. Now,
somebody whose priority dates before June 2002 gets to finally file
I-140/I-485 now. Do these people with priority date I-140/I-485 gets
processed earlier because they had priority date earlier than 2002 compared
to one who filled around June 2006 with priority date of 2006 only.

I assume there are thousands of labor cases pending at backlog reduction
centers. Lets assume they are cleared in coming months and there priority
date allows them to file for I-140/I-485. Will they I-140/I-485 will be
processed earlier than those with current visa dates but priority date of 2006
because they had earlier processing date.

I guess what I am trying to understand here is does Priority date determines
of processing of I-140/I-485 or it only determines your eligibility to file
I-140/I-485 and I-140/I-485 processing dates are determined from when actually
you filled your I-140/I-485. Gurus please help.

Thanks,
Law Loving Alien

GCanyMinute
09-18-2006, 01:33 PM
I am still not clear about how I-140/I-485 cases are processed. Lets
say somebody eligibile to file from Non-retrogessed country whose
visa dates are current files I-140/I-485 (with recently approved labor
and prioority dates of 2006 only) around June 2006. Now,
somebody whose priority dates before June 2002 gets to finally file
I-140/I-485 now. Do these people with priority date I-140/I-485 gets
processed earlier because they had priority date earlier than 2002 compared
to one who filled around June 2006 with priority date of 2006 only.

I assume there are thousands of labor cases pending at backlog reduction
centers. Lets assume they are cleared in coming months and there priority
date allows them to file for I-140/I-485. Will they I-140/I-485 will be
processed earlier than those with current visa dates but priority date of 2006
because they had earlier processing date.

I guess what I am trying to understand here is does Priority date determines
of processing of I-140/I-485 or it only determines your eligibility to file
I-140/I-485 and I-140/I-485 processing dates are determined from when actually
you filled your I-140/I-485. Gurus please help.

Thanks,
Law Loving Alien

There is no such thing as "retrogressed countries", but yes there is retrogressed categories.
I understand that you are EB3 ROW (rest of the world), correct?
If your labor is approved you can file the I-140 at any moment, but you can't file I-485 until your PD (priority date) is current.
Yes everybody with a PD earlier than your, including illegals under 245(i) go before you and me!!
You gotta check the DOS website every month around the 15th for the current Visa Bulletin which determines the current CUT OFF date for each category. As up to now you'd have to wait a few years to get your GC as EB3 ROW is currently 01MAY2002. Good luck.

Law Loving Alien
09-18-2006, 02:06 PM
Dude,

I am in EB2 category and filled I-140/I-485 couple of months back already
as I belong to Non-Retrogessed Category.:)
I am fully aware of DOS processing date and keep track of it regularly.
My understanding priority date (which is filling date of Labor) and processing
time for I-140/I-485 is different things ? Is that correct.
Suppose somebody whose priority date is 2001 files I-140/I-485 under EB2
category right now, will there I-140/I-485 will be processed ahead of me as my Labor was filled and thus priority date is Feb 2006...Please clarify...

GCanyMinute
09-18-2006, 04:14 PM
Law Loving Alien, nelsonagn is completely right!!

just cross your fingers not to get trapped on FBI background check or any RFE's.
i understand what you mean now... i read and heard both answers about this PD thing like if your PD is current you'll be treated FIFO (first in first out).. BUT... if in that meantime someone with a PD earlier than yours apply for GC than USCIS could at their only discretion have that person getting the GC before you (provided there is no RFE's and FBI clearance is done).
Since you're EB2 ROW, I believe you're in very good shape and should start celebrating your GC approval!!!! :D