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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 07-18-2007, 02:07 AM
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syzygy is on a distinguished road
Default Can August LC approvals file 485?

Does anyone know if a person can file I-485 if LC is approved before August 17th? Or should it be approved during month of July?

Thanks
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  #2 (permalink)  
Old 07-18-2007, 02:24 AM
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Nov-03
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As long as you have an approved LC, you can file 140/485...It doesnt matter when the LC was approved.....
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  #3 (permalink)  
Old 07-18-2007, 02:25 AM
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amoschid can only hope to improve
Default

i think as long as your I-485 can reach USCIS before August 17th (with the hard copy of certified LC) you're fine... ask your attorney for confirmation though

congratulation btw.. mine is still stuck at DBEC
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  #4 (permalink)  
Old 07-18-2007, 02:30 AM
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Default The LC approval date

The LC approval date should be on or before July 31. The extn until Aug 17 is given to recapture the days lost due to Jul 2 visa bulletin update.

PLEASE CONFIRM WITH AN ATTORNEY.

Quote:
Originally Posted by syzygy
Does anyone know if a person can file I-485 if LC is approved before August 17th? Or should it be approved during month of July?

Thanks
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  #5 (permalink)  
Old 07-18-2007, 02:31 AM
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syzygy is on a distinguished road
Default

mine is also stuck in BEC and I am analyzing the probability of success even if I get it approved in August. Lets hope God wakes up

Quote:
Originally Posted by amoschid
i think as long as your I-485 can reach USCIS before August 17th (with the hard copy of certified LC) you're fine... ask your attorney for confirmation though

congratulation btw.. mine is still stuck at DBEC
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  #6 (permalink)  
Old 07-18-2007, 02:51 AM
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amoschid can only hope to improve
Default

Quote:
Originally Posted by syzygy
mine is also stuck in BEC and I am analyzing the probability of success even if I get it approved in August. Lets hope God wakes up
lol.. .we're in the same boat then

don't forget that BEC office will need 3 to 6 weeks before they can sent the hard copy of our certified LC...

so.. let's just cheer up and enjoy this together
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  #7 (permalink)  
Old 07-18-2007, 03:14 AM
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Default Mine too since May 2003

And, unfortunately, the info I got is the labor should be approved in July to be able to file before Aug 17, since Visa bulletin dates are valid only until July 31.

Please find out from your attorney and please post if it's otherwise (we can file Aug approvals before Aug 17)

Quote:
Originally Posted by amoschid
lol.. .we're in the same boat then

don't forget that BEC office will need 3 to 6 weeks before they can sent the hard copy of our certified LC...

so.. let's just cheer up and enjoy this together
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  #8 (permalink)  
Old 07-18-2007, 03:53 AM
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syzygy is on a distinguished road
Default

Any effort to use political clout of IV Core to get BEC applications covered in the current immigration releif drive?

Quote:
Originally Posted by amoschid
lol.. .we're in the same boat then

don't forget that BEC office will need 3 to 6 weeks before they can sent the hard copy of our certified LC...

so.. let's just cheer up and enjoy this together
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  #9 (permalink)  
Old 07-18-2007, 04:04 AM
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sandiboy can only hope to improve
Default

This is from my lawyer:

Q11: What if my labor certification has not been approved yet (or if I am in an EB-1 category and my I-140 is not ready to file yet). If my case reaches that stage at the beginning of August can I file an adjustment as long as it reaches USCIS before August 17th?

A: No. The above relief applies ONLY to those who were eligible to file under the initial July Visa Bulletin. The Department of State also issued the August Visa Bulletin today, which indicates that all categories will once again be unavailable for the month of August 2007. Again, only the July cases may be filed through August 17th.
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  #10 (permalink)  
Old 07-18-2007, 04:15 AM
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Default

How about for Schedule A which is LC exempt? Do we need to file it in July or we can file in August? This is bothering me since I read that news. If we file in August, our priority date is August; therefore, not covered by the July VB. Am I correct?
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  #11 (permalink)  
Old 07-18-2007, 07:19 AM
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Default

Quote:
Originally Posted by roseball
As long as you have an approved LC, you can file 140/485...It doesnt matter when the LC was approved.....


I think the above is true....on or before 17th.. i wouls start filing
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  #12 (permalink)  
Old 07-18-2007, 07:59 AM
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sparky123 is on a distinguished road
Default only PD matters?

This is what the USCIS announcement says:

U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.

So, doesn't it mean if the PD is earlier than July 2007, and LC approval comes in somewhere between August 1 and August 16, it is still ok to file?
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  #13 (permalink)  
Old 07-18-2007, 08:24 AM
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Priority Date
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Feb-07
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Default Please Confirm With An Attorney

Quote:
Originally Posted by syzygy
Does anyone know if a person can file I-485 if LC is approved before August 17th? Or should it be approved during month of July?

Thanks
my interpretation is if you have labor approved in july u are good till august 17th but please PLEASE CONFIRM WITH AN ATTORNEY. Spending extra $200 is way worth the benefit.
-M
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  #14 (permalink)  
Old 07-18-2007, 08:27 AM
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Default I don't think so

Quote:
Originally Posted by NO_Free_Rider
And, unfortunately, the info I got is the labor should be approved in July to be able to file before Aug 17, since Visa bulletin dates are valid only until July 31.
Please find out from your attorney and please post if it's otherwise (we can file Aug approvals before Aug 17)
Your statement is logical, but incorrect. The priority date is established by LC filing and not approval. So if you get your labor approved before the August deadline (August 17), and if you can get I140 and I485 reach the USCIS by August 17, then the filing would be correct, I think.
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  #15 (permalink)  
Old 07-18-2007, 08:31 AM
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Default

How can somebody with August priority date be qualified to apply using the July Visa Bulletin?
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