October 2020 I1485 filers may join

[GoodRick]

Hi,

M PD is Aug 2013 - Previously My case was filed in EB3 and then moved to EB2 Category and then again Downgraded to EB3 last year Oct 2020. So I have I140's approved in both cases.
The timeline of my application is as follows-

I-485, I-765, I-131 Applications received by USCIS on: 10/30/2020
Receipt Notice Date for all three applications: 01/21/2021
Fingerprinting Completed on Date: 4/02/2021
RFE for medicals received: 07/05/2021
Medicals response submitted/ delivered: 07/21/2021
EAD and AP Approval Date: 09/2021
EAD card received: 09/29/2021


I do not see any response or update on my case after that. My date became current in Sept 2021. I have contacted USCIS customer service and came to know that, Medicals are still not attached to my case and they are sitting in mail room in Philadelphia local office.
My attorney had created a service request on Sept 20 2021 and we are still waiting for the response from USCIS.

Since dates got retrogressed, will USCIS still be able to process my case as everything submitted already?

Any help/suggestion would be appriciated.

Thanks in Advance!

I am not a lawyer and this isn't legal advise. This is just my understanding .... If you have filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, then USCIS will not adjudicate your case and your case will remain pending until your priority date becomes current again. In the meantime, you may continue to renew your EAD/AP “combo” card for continued employment and travel authorization. Sorry I wish I had better news for you. What is your lawyer saying?

[skethi]

GoodRick

Thanks for the response. My lawyer is inaccessible. Will USCIS still process the pending applications in Oct? since the dates are retrogressed from Nov.
Or my understanding is wrong? I got the RFE for Medical before my date became current. Once my PD is current, looks like they did not pick up my case again..

[GoodRick]

GoodRick

Thanks for the response. My lawyer is inaccessible. Will USCIS still process the pending applications in Oct? since the dates are retrogressed from Nov.
Or my understanding is wrong? I got the RFE for Medical before my date became current. Once my PD is current, looks like they did not pick up my case again..

So, priority date must be current at two critical points in time: on the date that the I‐485 application for AOS is filed AND it must also be current on the date when the case is actually adjudicated (i.e., the immigrant visa cannot be issued or the AOS application cannot be approved if the quota bulletin is not current for the applicable priority date). So my understanding is that in your case, USCIS may have all the documentation they need, but since the Final Action dates have retrogressed, your PD is no longer current and hence USCIS cannot approve your AOS until your PD becomes current again. So your application will stay on pause and USCIS will pick it up again when your PD becomes current again. Sorry to hear that your lawyer has been inaccessible.

[tjvkarani]

Thanks for the information

Is the I765 (GC EAD) and I131 (AP) dependent on the Priority Date being current ? In other words, if the PD is not current, will the applicant get the GC EAD and AP?

[skethi]

So, priority date must be current at two critical points in time: on the date that the I‐485 application for AOS is filed AND it must also be current on the date when the case is actually adjudicated (i.e., the immigrant visa cannot be issued or the AOS application cannot be approved if the quota bulletin is not current for the applicable priority date). So my understanding is that in your case, USCIS may have all the documentation they need, but since the Final Action dates have retrogressed, your PD is no longer current and hence USCIS cannot approve your AOS until your PD becomes current again. So your application will stay on pause and USCIS will pick it up again when your PD becomes current again. Sorry to hear that your lawyer has been inaccessible.

Thanks Again!

[shiva_82]

Thanks for the information

Is the I765 (GC EAD) and I131 (AP) dependent on the Priority Date being current ? In other words, if the PD is not current, will the applicant get the GC EAD and AP?

Based on my understanding, the EAD and AP are not linked with priority date. Even while the final action date has fallen back, you would still get your EAD if there is no issue with your EAD application itself.

Just my opinion. You lawyer would be able confirm this.

[tjvkarani]

Based on my understanding, the EAD and AP are not linked with priority date. Even while the final action date has fallen back, you would still get your EAD if there is no issue with your EAD application itself.

Just my opinion. You lawyer would be able confirm this.

Thanks for the reply. Lawyer has informed the same

[Abhiconfused]

Just for everybody's benefit, i have contacted USCIS through Emma for my son's EAD/AP status..they said current timeline for EAD AP is 6 months to 12 months, and my son's is still under process..So i have put an expedited request and they said USCIS agent will call me within 7 days...for 485, they said my application moved to SJC field office

So did someone contacted you? and was the EAD/AP card finally delivered?

Also via the Chat what was the procedure to put the expediated request ?

[Abhiconfused]

Hello friends once again.

Me and my wife got our Combo cards in August but till date no update on daughter's combo card. The filing date is way past the processing timelines.
Her i-94 expires end of year.

1. Is there a way to put expedite request via Emma chat on the website?
2. Anyone got Child's EAD/AP and if yes was it after putting in the request to expedite?
3. Can she travel with her EAD/AP/485 application pending?
4. If the Combo or GC is not received before end of year, can she continue to stay in US and on what grounds?

Thanks all and appreciate all your responses.

[Freedom5]

Hello friends once again.

Me and my wife got our Combo cards in August but till date no update on daughter's combo card. The filing date is way past the processing timelines.
Her i-94 expires end of year.

1. Is there a way to put expedite request via Emma chat on the website?
2. Anyone got Child's EAD/AP and if yes was it after putting in the request to expedite?
3. Can she travel with her EAD/AP/485 application pending?
4. If the Combo or GC is not received before end of year, can she continue to stay in US and on what grounds?

Thanks all and appreciate all your responses.

Q3: Answer is No, to re-enter US she will require EAD/AP card.
Q1: You should do that explaining the situation and that when parents have status to stay, your kid is losing her status and her schooling, State ID card, I-94 all will become invalid. USCIS will may consider expedite request on such ground.

[mcaeb1guy]

Abhiconfused .... Hope the below helps...

3. Can she travel with her EAD/AP/485 application pending? - Yes but only if she has a valid Visa stamped. Not suggested since her I94 expires end of the year.
4. If the Combo or GC is not received before end of year, can she continue to stay in US and on what grounds? - Yes, since AOS (485) is pending she can legally stay in US and she will be considered "Pending AOS" or "I485 Pending".

[brownparda]

All,

Hope you all saw the significant retrogression for EB3 final action dates in the November visa bulletin. Does anyone know clearly what the impact would be on our pending AOS applications? Does it mean that all priority dates after Jan 2012 are not current anymore?

https://www.immihelp.com/november-2021-visa-bulletin/

Thanks,

[GoodRick]

All,

Hope you all saw the significant retrogression for EB3 final action dates in the November visa bulletin. Does anyone know clearly what the impact would be on our pending AOS applications? Does it mean that all priority dates after Jan 2012 are not current anymore?

https://www.immihelp.com/november-2021-visa-bulletin/

Thanks,

If you have a pending AOS application and the Final Action Dates have since retrogressed and as a result of which if your Priority Date is no longer current, then USCIS cannot approve your AOS application. Your AOS case will remain pending until your priority date becomes current again. In the meantime, you may continue to renew your EAD/AP “combo” card for continued employment and travel authorization.

[tjvkarani]

Thanks for the reply. Can you share your case timelines?

Did you file Mandamus petition to expedite the processing of GC EAD and AP? Please advise.

[tjvkarani]

My case is like yours with EB3 downgrade with PD Dec 2013. Trying to expedite my I-140 EB3 downgrade but got rejected recently.
But our EAD and AP got approved. I reached out to my congressman's office and they helped us expedite it and got approved in a week after expedite request accepted. You can try reaching out to your congressman.

Did you file the Mandamus petition to expedite the processing of GC EAD / AP? Nebraska Service Center received my EB3 downgrade documents on Oct 30, 2020 and the current processing at NSC is Dec 31, 2020. Any one else in the same boat as mine waiting for the GC EAD / AP processing for EB3 downgrade? Any one with similar timelines received an update on their case for GC EAD / AP would like to share the information?