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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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Old 11-28-2007, 01:15 AM
Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
10/05/2006
Chargeability
:
United Kingdom
Processing Stage
:
I-485
I485 Mailed Date
:
05/01/2007
Compare
Join Date: Apr 2006
Posts: 39
Pegasus503 is on a distinguished road
Default RFE & Retrogression - i-483

I wanted to share a recent experience.

I am EB3 ROW, my pd 25 Nov 2002.

My i-140 approval was 24 Oct 2006

Then I joined the "wait for the next visa bulletin" club.

here's a reminder of how the visa dates have moved for EB3 ROW

bulletin history
Oct-05 1-Mar-01
Nov-05 1-Mar-01
Dec-05 15-Mar-01
Jan-06 1-Apr-01
Feb-06 22-Apr-01
Mar-06 1-May-01
Apr-06 1-May-01
May-06 1-May-01
Jun-06 1-Jul-01
Jul-06 1-Oct-01
Aug-06 1-Oct-01
Sep-06 1-Mar-02
Oct-06 1-May-02
Nov-06 1-Jul-02
Dec-06 1-Aug-02
Jan-07 1-Aug-02
Feb-07 1-Aug-02
Mar-07 1-Aug-02
Apr-07 1-Aug-02
May-07 1-Aug-03
Jun-07 1-Jun-05
Jul-07 current
Aug-07 current
Sep-07 1-Aug-02
Oct-07 1-Aug-02
Nov-07 1-Aug-02
Dec-07 1-Sep-02

I filed i-485 in May 07, and was fingerprinted in June 07, my i-140 must have been accessed in August 2007 because the date on the online case status changed.

Then retrogression hit and nothing happened.

The purpose of my post is to share hope.

I was unsure whether retrogression would mean my case frozen or would the processing continue, recognizing that i-485 wouldn't be approved until the threshold of my pd date was available.

In October 2007 my lawyer received RFE, to confirm my last entry date (they had confused the date on the i-94 on my current H1b approval (797) and the date I last entered into the USA. Also there was a medical (immunization) clarification for one of my kids.


I was pleased to know that the case was progressing and that an RFE proved somebody was looking at retrogressed files.

My case status has been update today with the enclosed verbage

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Response to request for evidence received, and case processing has resumed.

On November 27, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


The part that excited me the most is USCIS' reference to 60 days.

As December visa bulletin for eb3 ROW is 1 Sept 2002 I realize that it hasn't reached my pd yet, but I get the feeling that CIS Texas is pushing forward with processing cases even if they are retrogressed.

Whether they completely process or hold at a certain stage I am not sure, for example fingerprints expire after 15 months.

Would it be too much to hope that they continue to complete the administration of case to it's conclussion so all that is left is a final approval once the pd date comes up on the visa bulletin?

The point of the post was to share that after feeling depressed that 5 years had passed since my pd date earlier in the week, I now have a sense of hope that RFEs are being processed and that my case has resumed. That also means that other peoples are processing too.


good luck to all


typo in the title...should read 485 not 483
__________________
PD - 25 Nov 2002 SWA - California RIR EB3 ROW
45-day letter - 11 Feb 2005
Labour Certified - 30 Aug 2006
i-140, RD 16 Oct 2006: ND 20 Oct 2006: AD 24 Oct 2006: LUD 5 Aug 2007, 25 Jan 2008

i-485, ROW: RD 7 May 2007, Texas, finger-prints 23 June 2007: LUD 25 June 2007, 27 Nov 2007, 28 Nov 2007, 29 Nov 2007, 3 Dec 2007, 4 Dec 2007, 28 Jan 2008: RFE 28 Oct 2007, Approved 12 Mar 2008, Card ordered 12 Mar 2008.

Last edited by Pegasus503; 11-28-2007 at 10:49 AM. Reason: typo
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  #2 (permalink)  
Old 11-28-2007, 10:02 AM
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
05/15/2006
Chargeability
:
United Kingdom
Processing Stage
:
I-485
I485 Mailed Date
:
05/01/2007
Compare
Join Date: Feb 2006
Posts: 363
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Default similar situation

I am also EB3 ROW, priority date, November 26, 2002, I 140 approved June 2006. Applied for adjustment of status May 2nd 2007.

I saw updates on my I485 immediately after fingerprints in June and then it just stood still.

Suddenly the case was touched three days in a row, November 16, 17, and 19.

I am hopeful that once my priority date becomes current again that I might see some outcome.

Fingers crossed.
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