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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 07-17-2007, 10:06 PM
Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jul 2007
Posts: 89
DDash is a jewel in the rough DDash is a jewel in the rough DDash is a jewel in the rough
Default Soon to be married! PLEASE HELP

Here is my story. Please let me know your suggestions. I already applied for i-485 as of July 2nd. My marriage date is August-31st. As of 2 hours back I was thinking about not filing for her i-485, but with the new dead line of August-17th, Should I hurry up and bring her to USA (on H-4) or just let this opportunity go and wait for the next one, whenever it happens?

My Priority date is: Feb-2006, EB-2.

Your insights will be very helpful.

Thanks in advance.
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  #2 (permalink)  
Old 07-17-2007, 10:16 PM
Junior Member
Priority Date
:
Jun-06
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:
EB2
I140 Mailed Date
:
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:
India
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:
I-485
I485 Mailed Date
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Join Date: Jul 2007
Posts: 3
ven_gee is on a distinguished road
Default

I am sure it would be a big deal for you to advance your wedding. But if you can, that would be the best thing to do in the current situation. On a pessimistic thought, chances are that retrogression will only get worse in the forth-coming months. This may be one of those very rare opportunities which you would hate to miss

Good Luck !
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  #3 (permalink)  
Old 07-17-2007, 10:16 PM
Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 89
DDash is a jewel in the rough DDash is a jewel in the rough DDash is a jewel in the rough
Default She is in India

She is in India. Her family is traditional and I am not sure how to approach the topic of asking her parents to allow her to come to USA (after registered marriage) before the real marriage. I am finding it delicate to discuss this topic to their parents.
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  #4 (permalink)  
Old 07-17-2007, 10:19 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 15
sunnyg has a spectacular aura about sunnyg has a spectacular aura about sunnyg has a spectacular aura about
Default I am in the same boat.

Can some one please advise. My PD is dec 2006 and my marriage is in august end too. Should I go ahead and file the 485 for myself. what are the advantages and disadvantages of filing 485 now and adding the spouse later on. Is there any risk involved in filing alone assuming that my 485 doesn't get approved till my spouse comes to US.
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  #5 (permalink)  
Old 07-17-2007, 10:21 PM
Junior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 3
ven_gee is on a distinguished road
Default

Your priorities should drive your decision. I am sure, when given a reasonable explanation, her parents would back your intentions and agree.

You SHOULD start somewhere ... "Just do IT !!!"
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  #6 (permalink)  
Old 07-17-2007, 10:22 PM
Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 89
DDash is a jewel in the rough DDash is a jewel in the rough DDash is a jewel in the rough
Default You should file for yourself first

Quote:
Originally Posted by sunnyg
Can some one please advise. My PD is dec 2006 and my marriage is in august end too. Should I go ahead and file the 485 for myself. what are the advantages and disadvantages of filing 485 now and adding the spouse later on. Is there any risk involved in filing alone assuming that my 485 doesn't get approved till my spouse comes to US.
My suggestion is - You should file for your application ASAP. Atleast you will be out of the mess and then you can worry about your wife's. This way, EVEN IF they cancel H-1 B renewals (with somekind of future bill), atleast you will be safe.

Good luck!
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  #7 (permalink)  
Old 07-17-2007, 10:23 PM
Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 89
DDash is a jewel in the rough DDash is a jewel in the rough DDash is a jewel in the rough
Default Thanks Ven Gee EOM

Quote:
Originally Posted by ven_gee
Your priorities should drive your decision. I am sure, when given a reasonable explanation, her parents would back your intentions and agree.

You SHOULD start somewhere ... "Just do IT !!!"
Thxs for your support.
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  #8 (permalink)  
Old 07-17-2007, 10:28 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
10/09/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: Mar 2006
Posts: 504
makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute makemygc has a reputation beyond repute
Default

Quote:
Originally Posted by DDash
Here is my story. Please let me know your suggestions. I already applied for i-485 as of July 2nd. My marriage date is August-31st. As of 2 hours back I was thinking about not filing for her i-485, but with the new dead line of August-17th, Should I hurry up and bring her to USA (on H-4) or just let this opportunity go and wait for the next one, whenever it happens?

My Priority date is: Feb-2006, EB-2.

Your insights will be very helpful.

Thanks in advance.
In my opinion, again this is my opinion based on few of my friends in similar situation, you should file for your 485 and add your wife later. Since your PD is Feb-2006, your I-485 will not be adjudicated at least before 6 months. You can add your wife anytime before that.

Again..several of my bachelor friends who have PD in 2006 following the same.
You can check with your attorney too before you make the final decision.
__________________
EB2 PD: Jul '06
I-140: Sept '06 from TSC
485 Filed - July 2nd at NSC
LUD - 06/02/2011
CPO Email - 6/2/20111
Cards Received - 6/9/2011

Finally maDemygc
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  #9 (permalink)  
Old 07-17-2007, 10:28 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
11/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: May 2006
Posts: 124
waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold waiting4gc is a splendid one to behold
Default GET MARRIED, FILE 485 for both

Guys,
The answer is very subjective. If your wife is not intending to work after she gets here, I think you are reasonably safe to bring her here on h4 and then maintain h1 status till you can file her 485.

On the flip side, if you get her here and file 485, both you and her can take advantage of EAD/AP and change jobs and stuff. Seeing that your priority date is 2006, unless you are very lucky (and it has happenned in some cases), your 485 will not get approved in the near future without a law change. In such situation, you will be stuck without having the ability to change jobs and your spouse being able to work. Trust me, she will be in a very frustrating position if she wants to work.

So I would say get her here right now and get married and file her 485 with yours. Else you might be stuck in retro for a long long time.
Cheers

Quote:
Originally Posted by DDash
She is in India. Her family is traditional and I am not sure how to approach the topic of asking her parents to allow her to come to USA (after registered marriage) before the real marriage. I am finding it delicate to discuss this topic to their parents.
__________________
Contributed $920 till date
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  #10 (permalink)  
Old 07-17-2007, 10:30 PM
Junior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 3
ven_gee is on a distinguished road
Default

Sunny, if your marriage happens after your I-485 filing your wife's Green card should be processed as a new Employment based (assuming she is brought into the US or any kind of work visa) or a Family based Green card (if you wish to sponsor her case). And neither of them are "quick grab".
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  #11 (permalink)  
Old 07-17-2007, 10:47 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 15
sunnyg has a spectacular aura about sunnyg has a spectacular aura about sunnyg has a spectacular aura about
Default Thanks Vengee

But I heard that as long as my 485 in not approved before my marriage I should be able to file 485 through CP or AOS. Is that no longer true? Also is there a possibility that a 485 application gets approved if the dates are not current?
Thanks!
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  #12 (permalink)  
Old 07-17-2007, 10:48 PM
Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 89
DDash is a jewel in the rough DDash is a jewel in the rough DDash is a jewel in the rough
Default Thanks and a Q

Quote:
Originally Posted by makemygc
In my opinion, again this is my opinion based on few of my friends in similar situation, you should file for your 485 and add your wife later. Since your PD is Feb-2006, your I-485 will not be adjudicated at least before 6 months. You can add your wife anytime before that.

Again..several of my bachelor friends who have PD in 2006 following the same.
You can check with your attorney too before you make the final decision.
Makemygc,

"You can add your wife anytime before that." I believe this is not possible, unless my priority date is current, i.e. she will be able to file, when my P.D. is current. Please correct me if I am wrong. Thanks.
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  #13 (permalink)  
Old 07-17-2007, 10:52 PM
Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 89
DDash is a jewel in the rough DDash is a jewel in the rough DDash is a jewel in the rough
Default Highly Not likely

Quote:
Originally Posted by sunnyg
But I heard that as long as my 485 in not approved before my marriage I should be able to file 485 through CP or AOS. Is that no longer true? Also is there a possibility that a 485 application gets approved if the dates are not current?
Thanks!
Sunny,

It is very highly unlikely that your i-485 will get approved before your marriage (End of Aug) with so much madness going on. Also, they will send finger priniting notice. You can postpone the finger printing notice (even if you cant post pone, just dont show-up for the first notice). This will buy you some time, but like I said before, you cant even expect FP notice anytime soon.
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  #14 (permalink)  
Old 07-17-2007, 11:00 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 15
sunnyg has a spectacular aura about sunnyg has a spectacular aura about sunnyg has a spectacular aura about
Default Thanks DDash

Thanks so much for your response. As we all know thats after after aug 17th the dates are no longer current say atleast till October(God knows what would happen then!). Having said that do you think its better to go ahead and apply for 485 for me alone as we can add AOS to spouse when dates are current.(I am just looking for a good advise.)
My only thought is can my 485 be approved when the dates are not current.
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  #15 (permalink)  
Old 07-17-2007, 11:05 PM
Junior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 5
jeevan is on a distinguished road
Default

There are some cases where GC got approved even though the dates are not current may be very rare, also there are some cases where they got approved with in one week after the PD became current, which did not give them enough time to file AOS for their Spouse.
see this link
http://murthyforum.atinfopop.com/4/O...1&m=5941043251
http://murthyforum.atinfopop.com/4/O...2&m=3131031031

I am also in the same boat as you, let me know what you decide.
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