Priority date retrogression -- consequences and concerns
The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.
Q 1. What happens if my priority date (“PD”) retrogresses while my I-485 is still pending?
Q 2. Can we expedite the adjudication of our pending I-485 (or any application, for that matter)?
A 1. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer untile the PD becomes current again. Second, USCIS can “preadjudicate” that case. That means the case is adjudicated and then shelved for PD to become current again. I do not believe there exists a mechanism currently to determine what USCIS will do with an individual case.
I received my permanent resident stamp in my passport on June 18, 2004, ending these significant and challenging 5 years of my life. I would like to thank to Rajiv S. Khanna and his staff for their outstanding work to help me in this important process.
I would like to mention that due to the immense I-485 backlog I had to have my EAD and AP renewed each 2 times. The Law offices didn't charge me for the unexpected extra amount of work.
I would like to show my special thanks to Leila Lehman, who was always there to answer instantly to all my questions and worries during the last 27 months of I-485 processing.
Also, I would like to thank to the entire staff especially to Diane Lombardo, Homa Naderi, Lakshmi Kompella, Mathew Chacko, Pooja Sama, Savita Krishnamurthy, Shivane Sharma, Subha Chennunhotta, Suman Bhasin and Vijay Durgam.
I have a couple of friends who went through the permanent residency adjustment of status process helped by the team from the Law Office of Rhajiv S. Khanna, and I witnessed their smooth processing.
I will always think about Mr. Khanna's team as great professionals and great people who helped me with, perhaps, my most important step in my life.