2/7/2006

The priority dates have retrogressed for EB2 & EB3 professional / skilled workers from India, mainland China, and the Philippines. The dates have also retrogressed for all EB3 unskilled worker cases. 

Many people were able to file their I-485, Applications for Adjustment of Status (AOS), prior to retrogression's having taken effect, at a time when all priority dates were current and available. Since a visa number must be available in order to approve an AOS or CP, these cases cannot be approved until the particular priority date assigned to the case once again becomes current. 

If priority dates retrogress after the USCIS has received an AOS filing or the DOS has received a timely CP application, the USCIS or DOS may continue processing the case. For example, persons with pending I-485s, may be called for fingerprinting. 

Anyone with a pending AOS or CP application, who is contacted by the USCIS or DOS for further processing of any kind, whether fingerprinting, Request for Evidence, or any other matter, should respond to the request within the allowed timeframe to avoid a denial of the case. Assuming everything is in order, the case will then remain in pending status until it can be approved once the priority date becomes current.

 

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