FW: reply from a lawyer

[junhuaw]

No, the fact that you’ve been assigned an A number is NOT the same thing as having been allocated a visa number – and if that info is really on the USCIS website, it is certainly misleading!!! A visa number does have to be AVAILABLE for you, in order for you to be able to file the I-485, but the visa is not actually issued (and therefore deducted from the total number available for your category) until the case is approved – for instance, if we had not already filed your I-485, come October 1, we would no longer be able to file the I-485, until the cutoff dates for EB2 China had progressed to a date on or later than your priority date (as a visa number would no longer be available to you until that point) – since we have already filed the I-485, if your case does not get approved by Sept. 30, then your case will need to be held in abeyance until the cutoff dates have progressed to your priority date.

– and yes, unfortunately the new visa bulletin is shocking – even more so, for the EB1 category – we had already been told that Dept of State was anticipating a backlog in EB2, but they never said anything about EB1!!! In any case, I am hopeful that they have been very conservative in setting the cutoff dates and that the dates will jump ahead quickly, at least during the first few months of the fiscal year.

– There are a whole lot of other folks in your situation (and just think of the poor EB3 folks!), I know that doesn’t make you feel any better, but at least you’re not alone….

 

[krishsur4GC]

Hi Gurus,

I am trying to understand the cut off dates with respect to the applicant who has already filed I 485. As the processing dates progress , does I 485 ND is taken in to account or Labor filed date will be taken into account. My understanding is that I 485 ND will be taken into account , am I correct?.As there is no Labor for EB1 category.

regards

kris

 

[krishsur4GC]

Hi Gurus,

I am trying to understand the cut off dates with respect to the applicant who has already filed I 485. As the processing dates progress , does I 485 ND is taken in to account or Labor filed date will be taken into account. My understanding is that I 485 ND will be taken into account , am I correct?.

regards

kris

 

[sumesh]

Hi Gurus,

I am trying to understand the cut off dates with respect to the applicant who has already filed I 485. As the processing dates progress , does I 485 ND is taken in to account or Labor filed date will be taken into account. My understanding is that I 485 ND will be taken into account , am I correct?.

regards

kris

Priority date is the date your LC application was received by the DOL. This is the date that has all of a sudden become very important. Unfortunately its 5 years and 10 months for EB2 and 8 years and 9 months for EB3 from todays date. Its Crazy. What have they been doing all these years when people with recent PD's were getting approvals left and right between Feb to July 05?

 

[marlon2006]

I hope USCIS will surprise us. Next time positively.

I agree, it is strange that people from 1998 are still in the queue ? How many people ? I hope those will be a very small number, then the USCIS will process such visas and jump to the next pile quickly. I just hope they setup the worst case scenario and are moving very fast to get the job done. I know it may not be the case, but at this time of pain is I must think positively.

Priority date is the date your LC application was received by the DOL. This is the date that has all of a sudden become very important. Unfortunately its 5 years and 10 months for EB2 and 8 years and 9 months for EB3 from todays date. Its Crazy. What have they been doing all these years when people with recent PD's were getting approvals left and right between Feb to July 05?

 

[pras01]

PD for EB1

Hi Kris,
If you are EB1, the PD is the date your I-140 was received by USCIS (if you LC was waived).