Guestbook Entry for K. Prabakaran , United States
Name
K. Prabakaran
Country
United States
State
Arizona
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Priority date retrogression -- consequences and concerns
Question details
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.
My wife and I got the I-485 approval email notice in June 2007. We filed the I-485 in April 2007. The LC was done by another law firm and I switched to Rajiv and filled the I-140 and I-485. The I-140 was approved in one week under Premium Processing and I-485 was approved in less than 3 months. I told our company HR to switch to Rajiv S. Khanna and we are processing our employee’s H1B and GC through Rajiv. During the GC process, our company was sold and Rajiv and Mathew helped to resolve this issue, rather than starting the GC process from scratch. Mostly I dealt with Prerna Mehta and Mathew Chacko. Both provide me excellent help and support during the process. I dealt with Rita Dhakal for a short period of time and she helped me in great deal. Mathew called me on my cell phone to answer my questions, and he was polite, fast and correct. Also, I praise Prerna for checking my documents and forms thoroughly (I did not get any RFE) and providing correction/feed back immediately. I found the Rajiv’s immigration forum would be one of the best places for gaining more knowledge, and I would recommend every one to read and learn more.