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EB3 I485, Preadjucated?
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mP
2/10/2014 3:23:49 PM
Total Posts: 9
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I filed for adjustment of status 9/6/13 (as soon as my priority date became current, EB3 Philippines). on 1/22/14, I called USCIS because it's already outside the normal processing time and got an email in response on 1/30/14: "Your case is currently pending. All cases are worked in the order they are received. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below." I'm an RN working under H1B since 2009. so 2 questions: Am I correct to assume that my case is preadjucated? When he says "in the order they are received", does he mean first come first serve? Because I thought preadjucated means they go by priority dates. my PD is 11/20/2006. Thanks, your answer is appreciated.
catx
2/10/2014 6:49:32 PM
Total Posts: 12
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A pre-adjudicated I-485 adjustment of status (AoS) application happens when a person's priority date becomes current and they file their I-485 AoS application, and then while it is being processed by the USCIS and before a permanent residency visa number is received from the Department of State, the Visa Bulletin cut-off date (for their preference category and country of chargeability) regresses and their priority date is no longer current. In that situation (which happened a lot following the July 2007 Visa Bulletin and with EB2 India) their I-485 AoS application is pre-adjudicated and then waits for their priority date to become current again and get a permanent residency visa number. The final processing of their I-485 AoS application is based on their priority date. For other person's whose priority date becomes current and they file their I-485 AoS application and their priority date remains current, their I-485 AoS application is processed based on the date it was received by the USCIS. It is not processed based on their priority date.
mP
2/11/2014 9:26:25 PM
Total Posts: 9
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I got it. thanks much catx.


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