Visa number for EB3 issued at I-140 approval while I-485 is pending?

T

Tom98

New Member
Hello all. I feel like I found a gold mine or information here. Everyone seems pretty knowledgeable on all the issues we're facing. Let me put down my info:

I'm a child of an EB3 filer (classified under 21 since I was in 1998). My mother (main applicant) and father have already received their GC. Mother in 04/06 and father 06/08.

My mother filed her I-140 with me and dad on the application in 1998 non-concurrently, the I-140 was approved in 2002 and a joint I-485 was filed. Mine in particular was delayed a few months from mom and dad because of an issue with the child-age-out act, but after this was straightened out my I-485's PD is 12/15/02.

My main question is as the topic suggests -- does an applicant with a pending I-485 and an approved I-140 receive the "visa number" allotment upon I-140 approval or at really what point? Reason I am confused is because my I-485 has been pending since 12/15/02 and now I'm being told by a congressman's staff that EB3 is 'unavailable' in the new visa bulletin. This 'U' status is true of course but how can I tell when I was or IF I was already perhaps not allotted a 'visa number'?

PD: 01/12/98
I-140 approval: 04/27/02
I-485 RD: 12/15/02
FP regarding I-485: 03/24/08

Basically, if I already have this 'visa number' allotment my understanding is that I should receive my GC soon since they just requested FP last month. Am I missing something?

Thank you all!

--Tom
 
Tom98 said:
Mine in particular was delayed a few months from mom and dad because of an issue with the child-age-out act, but after this was straightened out my I-485's PD is 12/15/02.
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No. Your priority date is the same as the priority date of the main applicant, which would be in 1998. It must be your I-485 receipt date that is in 2002.

My main question is as the topic suggests -- does an applicant with a pending I-485 and an approved I-140 receive the "visa number" allotment upon I-140 approval or at really what point? Reason I am confused is because my I-485 has been pending since 12/15/02 and now I'm being told by a congressman's staff that EB3 is 'unavailable' in the new visa bulletin. This 'U' status is true of course but how can I tell when I was or IF I was already perhaps not allotted a 'visa number'?
Click to expand...
They assign the visa number only in the very last few days (or hours!) immediately before final approval of the I-485. If they assigned your case a visa number right before the category became "U", you should be getting the approval notice and plastic card in the next few days or weeks once they complete the formalities to get those documents approved, printed, and delivered. Otherwise, you'll just have to wait until October when the visa numbers become available again. If your priority date is current at that time (which it almost certainly will be, given your 1998 PD), you should prepare to file a WOM lawsuit.

With your I-485 pending for over 6 years even though the PD has been current for years, your case must have fallen to the bottom of a pile of papers in a warehouse far away and it will sit there for the next decade if you don't file that lawsuit. Unless the recent FP you got is an indicator that they have actually resumed processing of your case. Wait until the end of October and see if you get approved. If not, go ahead with the WOM.
 
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Your mother was EB3 applicant and you and your dad was derivative applicant. In this case, your mother only have approved I 140 and you do not have approved I 140. Your I 485 was filed as derivative applicant and will be approved with a condition that principal's (your mother) I 140 and I 485 approved.
Once you are out of age-out mess and your age is locked before you tern to 21Y (CSPA act), your priority date should be priority date of your mother (Date of filing the labor certificate). The visa number only allot at the time of approval of I 485 (not at the time of approval of I 140). Your priority date base on EB3 and country must be current for approval of I 485.
EB3 is unavailable for May visa bulletin as all numbers were used up for FY 2009. Cut off date will establish in 1 Oct 2009 (start of FY 2010).
Still April has 20 days left. If you are lucky, you may get approval before April 30.


Tom98 said:
Hello all. I feel like I found a gold mine or information here. Everyone seems pretty knowledgeable on all the issues we're facing. Let me put down my info:

I'm a child of an EB3 filer (classified under 21 since I was in 1998). My mother (main applicant) and father have already received their GC. Mother in 04/06 and father 06/08.

My mother filed her I-140 with me and dad on the application in 1998 non-concurrently, the I-140 was approved in 2002 and a joint I-485 was filed. Mine in particular was delayed a few months from mom and dad because of an issue with the child-age-out act, but after this was straightened out my I-485's PD is 12/15/02.

My main question is as the topic suggests -- does an applicant with a pending I-485 and an approved I-140 receive the "visa number" allotment upon I-140 approval or at really what point? Reason I am confused is because my I-485 has been pending since 12/15/02 and now I'm being told by a congressman's staff that EB3 is 'unavailable' in the new visa bulletin. This 'U' status is true of course but how can I tell when I was or IF I was already perhaps not allotted a 'visa number'?

PD: 01/12/98
I-140 approval: 04/27/02
I-485 RD: 12/15/02
FP regarding I-485: 03/24/08

Basically, if I already have this 'visa number' allotment my understanding is that I should receive my GC soon since they just requested FP last month. Am I missing something?

Thank you all!

--Tom
Click to expand...
 
Thank you both for the clarifications! It doesn't look like I'll need to file a WOM since it seems the case has finally been at least looked at since the 03/08 FP. I just hope I still got a number from the April bulletin but it looks like it's going to be close.

Out of curiosity is there a place on this forum or elsewhere with details or steps on how to file a WOM by yourself?

Thanks again.

--Tom
EB3 derivative
PD: 01/12/98
I-140 approval: 04/27/02
I-485 RD: 12/15/02
FP I-485: 03/24/08
 
Before you go the WOM route, have you tried working with your local member of Congress' office to get a status update? The WOM needs to be a last resort, and the courts are likely to summarily dismiss it if you haven't exhausted other avenues.

It's also worth noting that there's no point filing the WOM before October 1st, since USCIS can seek summary dismissal based on the Court's inability to order the sought relief.
 
Oh yea, read my first post it speaks of my correspondence with a congressman's office. But I also wasn't planning on even thinking about a WOM prior to end of October. Simply asking where I can read more about how to file WOM, etc...

--Tom
EB3 derivative
PD: 01/12/98
I-140 approval: 04/27/02
I-485 RD: 12/15/02
FP I-485: 03/24/08
 
Before filing WOM, you'll still need to contact the Congressman and Ombudsman again when your PD is current. A response from them stating the bulletin is unavailable doesn't help you, because that is a legitimate reason for USCIS to ignore your case. You need something showing that USCIS is still failing to act on your case even when it is approvable.
 
what happens if a Wom has already been filed .Amd so far USCIS has not taken a decision. Where does the WOM case stand then ........Shouldnt they have taken action on WOM last 3 months ........or atleast before the dates become U
 
Al_aos said:
what happens if a Wom has already been filed .Amd so far USCIS has not taken a decision. Where does the WOM case stand then ........Shouldnt they have taken action on WOM last 3 months ........or atleast before the dates become U
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If you have a pending WOM case, and the visa numbers become unavailable, USCIS cannot approve your case and the courts cannot force them to do it until the visa numbers are available again.
 
Al_aos said:
but what if the WOM has been pending for over 3 months
and now it goes to court
Click to expand...
If visa numbers are unavailable at the time it goes to court, the only thing the court can do is to tell them to decide the case as soon as visa numbers are available again.
 
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