Called USCIS-recent EB1 & EB2 cut-off

From Murthy:

Question 1. My I-485 is already pending or will be filed by the end of September 2005. If my case is filed before retrogression / cutoff dates are established in my category, do I need to worry about all of this? Is my case affected?

Yes and yes. In order to file the I-485, there must be a currently available visa number. However, to obtain the I-485 approval there must also be a currently available visa number. Thus, those who have I-485s filed, or who will get them filed while the priority dates are available for their cases, still need to be concerned about retrogression and cutoff dates. The pending I-485 cases cannot be approved until the visa number becomes available sometime in the future. People with these cases will be able to wait this out and obtain employment authorization document extensions and advance parole extensions year after year. Their green cards will await the availability of the visa number in the particular visa category, however.
 
meranumkabayega

What will haapen to those case who has RFE on I-485 and pending with I-140 approved. Do these cases have VISA number available.
 
above is the same thing my lawyer told me reg my EB2 filing. I just filed few days back. As long as the visa numbers are not 'unavailable', there is going to be some movement which is good.
 
avnapa said:
What will haapen to those case who has RFE on I-485 and pending with I-140 approved. Do these cases have VISA number available.

No. They will not allocate a visa number in the case of an RFE, since there is no certainty that the case will be approved.
 
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