July 07 filers are an anomaly and there are no directions in the USCIS field manual on I-485 approval.
Normally, you don't even get a receipt notice if the priority date is not current. It will be rejected in the mail room and sent back to you.
If you get it, your application gets a bar code and entered in the system.
The interesting question is what if the VISA number is unavailable by the time it reached an officer. Same thing happens if the I-140 is still pending for some July-07 filers who filed 485 while I-140 is pending. This is what an officer is supposed to do according to USCIS manual :
Visa Hold
If the applicant of the I-485 meets interview waiver criteria and all of the required evidence is acceptable and present but the visa is no longer immediately available due to processing time between filing and adjudication of the application, the case will be placed in a processing hold. If you place a hold on a principal applicant, the same must be done for each dependent. To do this, follow the steps below. Step Action
1 Check off “N” under “Visa Availability Confirmed” in the
“Adjudication” section of the I-485 Processing Worksheet and
initial and date the same.
2 Update CLAIMS by accessing “Adjudicate a Case” and wand in
the barcode of the I-485.
3 Hit “F10” and select “Case Review,” then “Place in Suspense” and
lastly, “Processing Hold Placed.”
4 Hit “Esc” three times to exit this form.
5 Route the file(s) to the Visa Hold Shelf.
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So, all the EB3 from India who filed when their priority date is current but no visa number available now for rest of the fiscal year, their applications will be placed on "visa hold".
If your 485 petition comes up for review and VISA numbers are available, doesn't matter what your priority date is, but the office must be able to find a A-number for your country and category, then it will be recommended for approval.
This is the answer I found after talking to an IO at NSC and reading through USCIS field manual.
So, hope my I-485 approval come soon since India still has some EB2 VISAs left for this fiscal year and their current processing date is past my filing date.
-------------
No labor petition required.
Filed @ Nebraska Service Center
I-140 - EB2/NIW - 04/04/07 - Approved 08/06/08
I-485 - filed 07/24/07 - FP 10/2007 - Pending.
Chargeable: India.
---------------
Normally, you don't even get a receipt notice if the priority date is not current. It will be rejected in the mail room and sent back to you.
If you get it, your application gets a bar code and entered in the system.
The interesting question is what if the VISA number is unavailable by the time it reached an officer. Same thing happens if the I-140 is still pending for some July-07 filers who filed 485 while I-140 is pending. This is what an officer is supposed to do according to USCIS manual :
Visa Hold
If the applicant of the I-485 meets interview waiver criteria and all of the required evidence is acceptable and present but the visa is no longer immediately available due to processing time between filing and adjudication of the application, the case will be placed in a processing hold. If you place a hold on a principal applicant, the same must be done for each dependent. To do this, follow the steps below. Step Action
1 Check off “N” under “Visa Availability Confirmed” in the
“Adjudication” section of the I-485 Processing Worksheet and
initial and date the same.
2 Update CLAIMS by accessing “Adjudicate a Case” and wand in
the barcode of the I-485.
3 Hit “F10” and select “Case Review,” then “Place in Suspense” and
lastly, “Processing Hold Placed.”
4 Hit “Esc” three times to exit this form.
5 Route the file(s) to the Visa Hold Shelf.
-------------------------------------------------------------------------
So, all the EB3 from India who filed when their priority date is current but no visa number available now for rest of the fiscal year, their applications will be placed on "visa hold".
If your 485 petition comes up for review and VISA numbers are available, doesn't matter what your priority date is, but the office must be able to find a A-number for your country and category, then it will be recommended for approval.
This is the answer I found after talking to an IO at NSC and reading through USCIS field manual.
So, hope my I-485 approval come soon since India still has some EB2 VISAs left for this fiscal year and their current processing date is past my filing date.
-------------
No labor petition required.
Filed @ Nebraska Service Center
I-140 - EB2/NIW - 04/04/07 - Approved 08/06/08
I-485 - filed 07/24/07 - FP 10/2007 - Pending.
Chargeable: India.
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