Called USCIS-recent EB1 & EB2 cut-off

H

howardgresham

Registered Users (C)
Just called USCIS about the recent cut-off date (visa retrogression) for EB1 and EB2 applications (India and China). I asked very sepcifically the answer was very specifically that the cut-off date only affects the submissions of I-485 after Oct. 05. Any I-485 submitted before Oct. 05 will not be affected. I was told specifically that both approval of I-485 and assignment of visa # will not be affected for these cases.

Either the customer representative does not know what she was talking about or an angel just delivered a very good news. Any thought on this? If worth doing, can some of you call and get more confirmations on this?

My NIW I140 was recently approved. My I485 was submitted 04/29/05 to NSC but still not response yet. NSC is already processing I485 submitted in June 05 :confused: . Hope some kind of miracle happens.

Best wishes to all of us.
 
I guess the representative does not understand the rules completely, although I hope he/she does.

I think the submission of 485 will not take one visa number, only approval of 485 will.

if anyone can confirm this, it will be great. :)
 
howardgresham said:
Just called USCIS about the recent cut-off date (visa retrogression) for EB1 and EB2 . I was told specifically that both approval of I-485 and assignment of visa # will not be affected for these cases.

Either the customer representative does not know what she was talking about or an angel just delivered a very good news. Any thought on this? If worth doing, can some of you call and get more confirmations on this?

MyBest wishes to all of us.
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And once again, USCIS lies and intentionally misleads their customers using their puppet idiots at their NCSC
 
forxp said:
I guess the representative does not understand the rules completely, although I hope he/she does.

I think the submission of 485 will not take one visa number, only approval of 485 will.

if anyone can confirm this, it will be great. :)
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Even many attorney do not understand correct mechnism of retrogression and allocation of visa number. I can spare poor representative for her lack of knowledge. Lot of ambiguity on this issue.
I think we should atleast request USCIS for clear its stand on this issue.
 
actually, it is strange. I check the processing statistics on immigrationwatch.com. for recent 3 years, the total number of 485 uscis received is as following:

California 2002 39544 22597(57.1%)
2003 26316 13005(49.4%)
2004 23680 11086(46.8%)
2005 9097 2731(30.0%)
Nebraska 2002 162045 93955(57.9%)
2003 117954 56051(47.5%)
2004 91000 34616(38.0%)
2005 28741 4849(16.8%)
Texas 2002 65811 45639(69.3%)
2003 55202 33521(60.7%)
2004 49093 26105(53.1%)
2005 24834 6602(26.5%)
Vermont 2002 81965 32226(39.3%)
2003 87459 28454(32.5%)
2004 61836 16198(26.1%)
2005 27038 3669(13.5%)

How many immigration visa each country has? It seems to me the visa number should not be used up since these statistics are for all the countries. :(

any ideas?
 
Though, law is clearly saying that visa number must be available at the time of 485 submission and at the time of its approval, one cannot rule out this news from NSC. If visa number is assigned at the time of I-140 approval, I think We are in a good shape :) .

Also, I just looked I-485 form, it says "an immigrant petition giving me an IMMEDIATLY AVAILABLE VISA NUMBER has been approved". Therefore, if NSC assigned visa number when they approved our I-140, (before retrogresson kicked in), we are in good shape. Some one has to further investigate this..
 
forxp said:
can we somehow verify this guess? :rolleyes:
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The old (2002?) USCIS manual says to check for visa availability on recipt of the application as well before approval.
 
I think one scenario when your 485 gets processed and PD is not current they will deny 485 saying "I-485 denied, visa number is not available" this happend before.
 
hkky said:
The old (2002?) USCIS manual says to check for visa availability on recipt of the application as well before approval.
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There is no ambiguity or reason for confusion.

A visa number must be available for the applicant at both I-485 filing and and approval. The visa number must be available at approval for obvious reasons. It needs to be available at filing, since all USCIS petitions must be approvable when filed. An I-485 filed without an available visa number is NOT approvable when filed.

I have personally watched a USCIS ajudication officer request my visa numbers from the State Department. It was the last thing she did before stamping the passports.

The myth perssistently floats around that visa numbers are assigned at I-140 approval or when the A# is assigned. This is not the case. Sorry, folks.
 
Are you saying when someone gets approval on Sep 30th and goes to a local office on Oct 1st or later will not be stamped ? I think this is false. Once the case is approved there is no need to check the number.

-Sonpapdi
 
sonpapdi said:
Are you saying when someone gets approval on Sep 30th and goes to a local office on Oct 1st or later will not be stamped ? I think this is false. Once the case is approved there is no need to check the number.
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You are correct. When the case is approved, it is approved. Stamping is merely a reflection of the approval, nothing more.
 
Folks, got the same response from TSC representative. She stated twice that visa number is not needed for 485, but it is needed for I-140. It is so confusing right now to take any kind of decision. Even at the local USCIS office (ATLANTA) the officer said the same thing. It will not affect your 485. Can some one please clarify.
 
Many lawers explanations are that you need a visa number to get 385 approved.
I think this is the case for many EB3. I think there were no EB3 485 approvals since last December although many EB3 got 140 approved during this period.
 
nikhitha said:
Folks, got the same response from TSC representative. She stated twice that visa number is not needed for 485, but it is needed for I-140. It is so confusing right now to take any kind of decision. Even at the local USCIS office (ATLANTA) the officer said the same thing. It will not affect your 485. Can some one please clarify.
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Only thing we can conlude is all those USCIS officers whom you spoke to or met are the pin heads.
Without visa number simply they cannot approve.
 
Incorrect

What the representative said is incorrect. If what they said was true, then we should have continued to see EB3 approvals when it was unavailable this past 3 months. Don't get your hopes high. It is just a mirage.
 
meranumkabayega said:
What the representative said is incorrect. If what they said was true, then we should have continued to see EB3 approvals when it was unavailable this past 3 months. Don't get your hopes high. It is just a mirage.
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IMHO

Unavailable = There are no visa number
Current = There are many visa number
Cutoff date = Limited number of visa number 'available'
The attached document has an old posting from usegroups. As per this posting there might be a chance for I-485 approval without PD being current.

Who knows? We might get lucky.
 
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