Guestbook Entry for Anil Mathew, United States
Name
Anil Mathew
Country
United States
State
California
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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.
First of all I wanted to thank you Mathew & Rajiv Khanna for their superb service during my Green Card Process. Below is the my story: I applied for Green Card at 2003 under EB3 category and my priority date was Dec 2003 via Company X when I was working for Company Y. After years of waiting I decided to ask for the possibility of applying via EB2 category for Company Y. Rajiv & Mathew has studied my case throughly and decided to go ahead with Eb2 process. Perm Labour took 2 months, I-140 took 15 days (premium processing), I-485 porting took 4 months. Totally it took almost 14months to get my Green Card under EB2.