Guestbook Entry for Nimit , United States
Name
Nimit
Country
United States
State
MA
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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.
Both me and my wife filed for our I-485 processing through LORK in July 2007. My file got through and I received my EAD,I-485 receipts and AP. But my wife's file got lost in USCIS and we did not got any receipts. Roopa and Matthew put in great efforts to get her application through. We really appreciate the work done by entire Rajiv's team.