Filing I485/EAD/AP when visa retrogressed/unavailable

kewl

Registered Users (C)
Due to immigrant visa retrogression/unavailable, a person with approved labor certificate can't file I485/EAD/AP with I140. Due to this,
- one cannot get EAD.
- their spouse/dependents cannot work as can't apply for EAD.
- can't file for AP.
- can't use AC-21 portability after 180 days as they can't file I485.

I understand that they cannot adjudicate the case as no visa available but atleast a little flexibility can give some relief to everyone affected by above problem.

Does anyone know whether this is DOL policy issue or a law? Whom should we write for our concern?
 
Last edited by a moderator:
kewl,

it is actually a USCIS issue - not DOL. DOL is finished after the LC step.

kewl said:
Does anyone know whether this is DOL policy issue or a law? Whom should we write for our concern?
 
Top