Champ Boy
Mar 17, 2023
AP and EAD dependent on PD?
Hi,
I submitted my I485, I131 and I765 forms when my EB1A priority date was current. The dates retrogressed after I submitted my application. I do have receipts for all three. Is the approval of I131 and I765 dependent upon the priority date? Or is priority date strictly for the adjudication of I485?
Thank You.
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Andy AndyMar 17, 2023
only I-485 is dependent on PD. rest will get approved
Champ BoyMar 17, 2023
Thanks.
Eb1_ 22Mar 17, 2023
Yes, since PD retrogressed you will receive 131 765 approvals anytime after biometrics
Champ BoyMar 17, 2023
just out of curiosity, if EAD and AP are not dependent on PD, what is stopping other EB approved I140 candidates to file for these two, even if their PD won't be current for next 10 years?
Andy AndyMar 17, 2023
AG - one can’t file for I-765 and I-131 if PD is not current!
Champ BoyMar 17, 2023
okay I see. I guess USCIS might reject the applications (including AP and EAD) if the PD is not current, and not even issue a receipt number
Sososo HGJun 10, 2023
For people who are affected by the EB retrogressions, let's urge USCIS to resume releasing the "EB 485 pending report" which can tell us the number of people waiting in line before our PD and estimate the wait time. This will also tell us why there are these retrogressions. Btw USCIS released them 4 times a year for 10 years but stopped in 2018, so it's not hard for them to produce it, I filed FOIA request and commented on the USCIS data page (https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data) many times to ask for this. The more people ask for this, the more likely USCIS will take this seriously and release it. (See more details here: https://uscis.gov/archive/questions-and-answers-pending-employment-based-form-i-485-inventory)
