EB2 waiting for visa number after I-485 interview

J

jamini

New Member
Hi folks,

I just had my I-485 interview interview yesterday (08/16/2005) in the local office in Charleston, SC. The interview went well, the officer took my fingerprints and signature and other documents. However, he said that I have to wait for a visa number. He did not give me a timeline, but said I would hear from them sometime in October. He also did not say if the 485 was approved/disapproved. I contacted my attorney immediately after the interview, she asked me to go back to the officer and tell him that I'm on EB2 ( I-140 was approved with professional with advanced degree) and the visa number is current. I went back. The officer said he can do nothing about it unless any one of the three boxes in the certification field (viz. NIW, Schedule A Group I, Schedule A Group II) , in my original I-140 application was checked. What does this mean? Have they considered me on EB3 by mistake? Or have the visa numbers for EB2 have run out? What should I do? Any comments welcome.



Jamini
 
jamini said:
Hi folks,

I just had my I-485 interview interview yesterday (08/16/2005) in the local office in Charleston, SC. The interview went well, the officer took my fingerprints and signature and other documents. However, he said that I have to wait for a visa number. He did not give me a timeline, but said I would hear from them sometime in October. He also did not say if the 485 was approved/disapproved. I contacted my attorney immediately after the interview, she asked me to go back to the officer and tell him that I'm on EB2 ( I-140 was approved with professional with advanced degree) and the visa number is current. I went back. The officer said he can do nothing about it unless any one of the three boxes in the certification field (viz. NIW, Schedule A Group I, Schedule A Group II) , in my original I-140 application was checked. What does this mean? Have they considered me on EB3 by mistake? Or have the visa numbers for EB2 have run out? What should I do? Any comments welcome.



Jamini
Click to expand...


Hi Jamini,
It is interesting to note that I landed up in a similar situation as yours in Jan 2005
Original Labor Cert was Eb2 but the lawyers office was so negligent that they
ticked off eb3 in i-140 application. At the time of filing i-140 eb3 was current
INS Called for interview in Jan 2005. Interview letter was mailed in OCtober/2004
When the Officer went to generate the Visa Number it was unavailable due
to priority date retrogression
I have been waiting since then
Pls let me know what happens in your case
Thanks
 
Hi ShibuGeorge

Thanks very much for the update. In my case, the original 140 application was correctly ticked as professional with advanced degree or exceptional ability. Also, my 140 was approved based on the same (Eb2).

Jamini
 
I think it is a mistake by the interviewer. Consult with your attorney again. If your I-140 is approved in EB2, take your approval notice, take a print from state department visa bulliton, and take your attorney to that district office and explain that EB2 visa numbers are current.
 
Jimini -- Did you get a letter?

Jimini -- Did you get a letter after your interview that said something like:

Title: VISA REGRESS SECTION

"Your petition was approved and is currently in your INS file....." AND THEN WENT ON TO TALK ABOUT VISA RETROGERESS.

This is what happened in my case:

I had my case transferred from the TSC to the Houston District Office in October 2004.
(Concurrent December 2003); EB-3, PD= 05/06/2002. 1st FP = Sept. 2004

The I-140 has been approved since early 2005 and waited for a while for an interview. In the meantime I asked my lawyer to do an inquiry in April 2005 and found out that I-485 interview was pending due to FBI check. However, after a second inquiry, my interview was held on Aug. 29, 2005.

I was expecting to get my Passport stamped, instead I was handed a letter at the end which said:
"VISA REGRESS SECTION"

"The petition submitted on your behalf was approved and is held in file with the CIS. " Then they go onto talk about visa number regress.

My questions are:
- Does the above language mean that I can basically consider my petition to be "approved" i.e. just waiting a visa number?
- after a visa number becomes available, will I just be sent a letter to get a passport stamp, or will be again subjected to an interview?
- If my fingerprints expire in Mar 2006 and my PD has not become current, will I have to do FP again?
- How can I find out if the FBI check has been cleared?

Thanks A Bunch
 
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