Guestbook Entry for Anirban Mukhopadhyay , United States
Name
Anirban Mukhopadhyay
Country
United States
State
Virginia
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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.
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