485 RFE Tracker - Post # 3

where is everybody???

Hello guys?? where is everybody?
Did you hear the news about EB3 visa numbers currently unavailable???? For everybody!!! in the July/2005 visa bulletin?
I understand is for applicants worry but it seems USCIS may freeze approvals until October/2005!!!!!

Please share your valuable opinions!!!
 
Just read it ...

mvusa,

I am not sure if you are EB3 but if you are then I am sure you are feeling the same way as I am .. disgusted. I guess its Gods will now. There is nothing we can do. I had a feeling that more bad news was to follow and it has come true ... maybe I won't get to see my approval this year .. anything is possible at this point.

saras
 
RFE cases and EB3 Retrogression

Guys and Gals,

As most of you probably already know, EB3 processing will be put on hold between the 1st of July till the 1st of Oct 2005. There are still two weeks where EB3 cases will be processed normally and if we are lucky we may get approved before then.

In all likelihood, most of us EB3s will not get approved before then. I am not at all sure about what happens to EB3 cases that have RFEs issued on them? I think this is going to mess things up for all of us.

Not sure what we have done to deserve this kind of treatment at the hands of these callous immigration officials.

I will let everyone know if I find out anything about peding RFE cases and EB3 retrogression.

regards,

saras
 
Saras76
Thanks for the info. I'm EB3 and shocked like everyone else by this....I'm going to call my lawyer to see if I can get any answers...I feel so helpless this is just too much...
For now I'll just have to begin applying for new EAD (3rd) and AP (3rd) never thought I would had to.
 
question...

mvusa,

I have question about the visa availability. How come it is related to 485 approvals?. I am little confused. I guess I am missing something here. Please give insight on it.

Thanks
mka
 
Answer

mka2005,

Every year there is a certain quota (certain number of VISAS) for the number of GCs that will be approved. These quotas are different for different countries. In order for a 485 application to be approved, a VISA number has to be available. At the time of approval of a 485 application, a VISA number is assigned to the 485 and it is then considered to have been used up.

The Priority Date on your application (day the LC was originally filed) is used by USCIS to determine whether a VISA number is available for an application or not. So if USCIS says that they are dealing with cases with PDs before July 2002, this means that there are VISA numbers available for people with a PD before July 2002. People with PDs before July 2002 can get approved if their case makes it upto an officer and also those people who have not filed their 485s and have a PD before July 2002 can file the 485.

The situation now is that USCIS has said that starting on the 1st of July, there are no VISA numbers available for any EB3 application. This means that they have taken away all the VISA numbers that were supposed to be for EB3s and used them for nurses and doctors. We have basically been left in the cold. When exactly the next batch of visa numbers will become available and how much the processing PD will move beyond the current July 2002 (for India, China and a few other countries) is not sure at this point. We will only know in Sept 2005 when that months bulletin comes out.

Hope this helps.

saras
 
Last edited by a moderator:
Thanks saras.

Saras,

Thanks very much for quick explanation. Your answer triggered me few more questions.

1. Is this visa # availability same as for new H1B application?

2. My PD N0v-1999, Do I need to wait Sep 2005 if no visa available???

Thanks
mka2005



My details:

H1B: 8th Year extension - Used EAD
Original LC- non concurrent
EB3/India/Labor PD:Nov-1999
I-140 AD : Jun-2000
I-485 ND : Oct-2004
EAD AD : Dec-2004
AP AD : Dec-2004
FP-code3 : 3/25/2005
RFE 1 : May10,2005, Replied June 14, 2005

I-485 AD : ?????
 
Answers

1. Is this visa # availability same as for new H1B application?

As far as I know, the 485 visa numbers have nothing to do with the H1 B visa numbers.

2. My PD N0v-1999, Do I need to wait Sep 2005 if no visa available???

No matter what your PD is, if you are EB3 and you are not approved by the 1st of July 2005 then you will have to wait till the 1st of OCT 2005 to be even considered for approval.

I know its a tough situation for most of us but we have to deal with what we get.

saras
 
Mka and Saras76
I received response from my lawyer and unfortunately is no different from what I've read here so far... No more approvals until visa number become available again. (Oct/05) I'm still in shock, because I never saw this coming...
I'm sad beyond explanation...
God Bless.
 
Relief on the way ... maybe?

Guys and Gals,

Found this posting somewhere.

A bill that will increase per country visa limit from 7 to 10% and double employment visa numbers to 290,000 has been introduced by McCain. If approved this bill in addition to allowing 400,000 illegals to become legal will remove retrogression for some time to come. Interestingly the bill also changes the family sponsorship and increases the green card holders spouse and children to 50% of family category visas.
A link to the bill summary can be found at:

http://shusterman.com/toc-leg.html#6D

Lets hope this ones goes through quickly.

regards,

saras
 
Latest Sheet

Guys and Gals,

Just updated the sheet with some new entries. There are no new approvals.

regards,

saras76
 
Approved!!

Hello POJ, Saras76, mvusa & others,

My 485 got approved on 6/16/05, was out of town, got the approval e-mail on 6/17/05 stating that the Approval notice has been mailed on 6/16/05, made the appointment for PP stamping for 6/29/05.

I would like to thank everyone specially Prince of Jungle, Saras, Mvusa for encouraging each other in this forum. This forum is indeed a life support kind of thing for me, I guess everyone feels the same way. I am praying for you all to get there. Have your faith in God and things will turn your way.

POJ, where are you? I would pass the Beer but surely want the GC CAKE. Please inspire others with your encouragement my friend.

Thank you all again for posting your experiences to help me get through this painful process. Best Regrads.

Taslim
I-140, I-485 : ND 11/2003 (Concurrently)
I-140 AD: 02/2005
I-485: RFE: 5/26/05
RFE RESPONSE: 6/03/05
RFE ACKNOWLEDGE: 6/09/05
I-485: AD: 6/16/05
 
Congratulations ...

taslim ahmed,

I am very happy to hear that the nightmare has ended for you. Enjoy your freedom. Thanks for your good wishes, hopefully we will join you soon.

I have updated the sheet with another approval.

regards,

saras
 
Taslim Ahmed
I 'm very happy for you, not only because of your approval, but because you won't be suffering from the lack of visa numbers and all the anxiety it involves. You've been blessed my friend. Please keep us up to date with your passport stamping and GCard on the mail O.K?
Enjoy your freedom!!!!!
 
Time is running out for all of us

Guys and Gals,

As the 1st of July approaches, I can't help but think that most of us will have to wait till the end of the year for some action on our cases. Its a shame that TSC is sitting on our RFE replies and not approving our cases within the 60 day window that they say is the norm. In 10 days it would have been 3 months since I replied to an RFE on my wifes case.

Anyway, here is the latest sheet with a few new entries.

regards,

saras
 
Saras76
You are right, and there's nothing we can do... Today, I'm getting ready to send all documents, pictures and (ofcourse)$$$ to my lawyer in order to renew me and my husbands EAD and AP for the 3rd time I never thought I would be doing this again...Today I feel very unlucky and depressed about all this immigration BS. So I'll just have to go on with my life, forget about it, wait for my EAD & APs approvals and when it comes it will come, that's it!
 
Renewing EAD and AP is pretty easy. You can do it by yourself by saving the attorney fee. In addition, you do not have to renew your AP if you have no plan to travel. Do not know why some people still renew/apply for the AP even they do not have the travel plan.
 
compiler said:
Renewing EAD and AP is pretty easy. You can do it by yourself by saving the attorney fee. In addition, you do not have to renew your AP if you have no plan to travel. Do not know why some people still renew/apply for the AP even they do not have the travel plan.
Click to expand...
What happens when you have to leave suddenly? In case someone is sick?
 
Totally agree

Edgar_Linton,

I totally agree with you. Most of us have family outside the US and the last thing we want to do is worry about going to the local office to get an AP in case of an emergency. I know that they will approve it but why wait till then. I always want to have the ability to travel at any given moment. It costs money but it is worth the peace of mind.

regards,

saras
 
taslim ahmed,

Congrats, What kind of RFE that you had??

Can you please post LUD's on your 485 after RFE received by USCIS?

mka
 
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