CIBA Please Help ...

W

Waiting In Line

Registered Users (C)
Ciba,
My case details
PD: NOV 99
India EB2/RIR
I140 approval for CP/BOMBAY Nov 2000
APPLIED FOR AOS INSTED AND SENT PAPERS ON JAN 4TH 2001
YESTERDAY CALLED LAWYER AND HE SAYS THE FOLLOWING
"The INS fell short of expected immigrant visa numbers available to you and your family members until the first of February"

So HE GOT THE PAPERS BACK FROM INS. HE CLAIMS HE SENT THEM AGAIN FOR FEB. DATES.

HAVE YOU HEARD THIS BEFORE ? WHY WOULD THE INS SEND THE PEERS BACK ?
HE SAYS IT DOES HAPPEN RARELY.

PLEASE SHARE IF YOU HEARD THIS BEFORE

THANKS
 
No Title

The only reason I can think of is your priority date. If a person
files I-485 with non-current PD, the file will be returned.

I\'ve looked up the cut-off dates in CSC webpage. Your PD became
current in December visa bulletin. This means that the earliest
date to file your case was Jan. 1, 2001. It appears your lawyer
submitted your application sometime in December last year, which
is wrong. That is why CSC returned your file.

Come to think of it, it is likely that your lawyer did not quite
understand how cut-off dates work, and made a mistake.

ciba
 
No Title

No, I remember we filed in Jan that is when I sent the last document which was my tax return.

The lawyer says that there are allocated quota\'s for each countries and Quota for India was over when we submitted the application.

Thanks
 
No Title

Ciba, please explain a little more about the concept of cutoff date and how it works. Please also share the csc webpage where you checked the cutoff dates. Thanks.
 
No Title

Waiting_in_line,

If your PD was current in January, the files should not be returned.
Either your PD (11/99) is not correct or your lawyer is not telling
you the truth, or CSC made a mistake.

michael young,

Due to visa number\'s availability, the cut-off dates are published
each month to set a limit on the number of filers from certain
oversubscribed countries. You cannot file I-485 until your PD is
earlier than the cut-off dates. I\'ve compiled the dates for the
past several months. Please click on
http://www.geocities.com/ciba_2/I485/cutoff.htm for the list.

ciba
 
No Title

Ciba, thanks for the explanation. So, cut-off date is the visa current date?
  A posting in the main I-485 area said that a 485 was rejected because it was filed merely one day before the visa current date (cut-off date), and it took two years to receive the denial notice from INS. On ther other hand, the case in point (this dicussion thread we are on) reported that CSC didn\'t deny the case but merely returned it. Are we receiving inconsistent reports, or is INS inconsistent regarding this issue?
  Thank you for sharing your knowledge with us, and for taking the time to organize the information and keep us informed.
 
No Title

michael,

There is no inconsistency for INS regarding this. When an applicant
files I-485, a preliminary screening is performed to ensure that the
applicant is eligible for ASO (primarily by looking at the PD), and
necessary documents are included in the file. If preliminary
screening detects that the applicant is not eligible, the file will
be returned. Somehow, however, a file with non-current PD slips
through the screening undetected. When the mistake is found out at
the time of adjudication, the application will be denied outright.

ciba
 
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