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 can not describe in words the gratitude that my wife and I have both for Rajiv Khanna and Jitesh Malik. The USCIS denied my wife's dependent I-485 AoS app and we were sure that we'd have to relocate back home. Jitesh and Rajiv bhai handled the matter deftly and we could not have been more pleased with the outcome. They took care of the matter and got us an approval when my old attorney wouldn't even return my calls when things started heading south. I had heard stories of Mr. Khanna being very helpful and knowledgeable and now know that he is the best Goddamn immigration attorney out there who is not afraid to fight for you.
To all desi's [Pakistanis;Indians] and non-desi's out there: Rajiv Khanna is da bomb! Trust me on that.
Thank you Rajiv bhai! Thank you so very much! Shariq Raza.