RFE on I 485 & Priority Date Retrogression

[vwG60nx]

Hi Guys,

I recently got this RFE for I 485. My problem is that when the processing date retrogresses on Oct 2008 (end of this month) to Apr 03, my I 485 application won't be current anymore (as it is now, Aug 05). If I send in the required documents, will that mean USCIS will continue to process my application even though my PD is not current any more or will it suspend my application till my PD becomes current again?

Its frustrating to come this close and to have to wait again!!

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Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Request for Additional Evidence Sent

On September 25, 2008, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
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Thank you.

[tired]

Same question

I actually had the same question. My priority date is Feb 2002. Does this retrogress email apply to me too? I have my I-140 approved under EB-2. What is my deadline to afile I-485?

[rkk12]

I-485 Retrogression

My Priority date is Dec, 2004. My I-140 EB2 was approved on Sept 22, 2008. The sept visa bulletin has a EB2 India cut-off date as Apr 2005, but the Oct 2008 bulletin has a EB2-India cut off date of Apr 2003.

My I-465 was filed on July 2007 with a receipt date of Sept 2007. I am current under the Sept bulletin, but not under Oct. Technically.. they are still processing Sept, so I am current now! Does it mean my 485 will be picked up now? And if it is not picked up now, will I have to wait for the Eb2-India priority dates to move forward again?

Do the immigration officials automatically match your 485 with the i-140 and pick it up when the I-140 gets approved?

[txh1b]

GC files get assigned to IOs if the PD is current and the case is approvable with a visa number available. If the case is approvable, it gets approved.

Until Sept 30, the PD could be current but the visa number is not available. This means, new applications will be accepted but as they ran out of visas, they will have to just sit on a shelf again.