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View Full Version : NSC EB3 - 485 processing for retrogressed PD


ajmalnasar
04-17-2006, 09:42 AM
My case is NSC EB3 Case, PD of June 02, RD Jan03, 1st FP Jan 03, 2nd FP Dec 04, 3rd FP Sept 05, Got an RFE APR 06, Could not file for my wife 485 because of retrogression.

Was wondering, has any body some idea, as to how NSC started working on a case that is retrogressed due to PD. Is it a cause of concern?

justAnotherFile
04-17-2006, 12:51 PM
...see

http://www.immigration-law.com/Canada.html

and look for

04/11/2006: Clarification of Preadjudication of I-485 Applications During the Period of Retrogression

It appears that the initiative of the USCIS to preadjudicate the I-485 applications during the period of retrogression includes "pending" cases (cases on file) only. Nowhere it stated that the USCIS would accept the I-485 applications during the period of retrogression when visa numbers are not available. For the latter type of action, the USCIS does not have authority to initiate it at the agency-level and needs a legislative authorization. People will remember that this was part of S.1932 which failed to pass the House and Conference Committee at the end of 2005.
It appears that the USCIS is initiating the preadjudication policy to streamline security clearance process and fraud detection or prevention. The community should take the preadjudication announcement as a news that they may receive massive RFEs and Biometric notices even if their priority dates still remain remote. Please remember that the announcement involves their "internal" procedure and processing guidelines and not, repeat not, filing guidelines for the immigrants.
04/10/2006: USCIS Initiates Preadjudication of I-485 Applications During the Period of Retrogression

The USCIS/Nebraska Service Center has annnounced that it has launched the procedure of adjudication of I-485 applications even during the period of visa number retrogression. The intention of this "preadjudication" initiative is to prepare eligible cases to the greatest extent possible, short of approval, in anticipation of the availability of a visa.
More important than this preadjudication notice is that the Service Centers may issue RFEs or Biometric notices while they process the cases on preadjudication initiative, and if the applicant fails to timely respond or comply with other notices or requests, the applications may be denied. The I-485 waiters should watch closely their mails religiously from now on in order not to experience a deadly consequence for failure to respond. |"The unconfirmed sources also indicates that the USCIS field offices are currently under operation to achieve the goal of 6 months adjudication of benefit applications. The preadjudication initiative may have something to do with such move.