How do they determine if visa numbers are current?

[JustWatching]

How do they determine if visa numbers are available?

Does the visa number get assigned when I-140 is approved, when you apply for I-485 or when I-485 is about to get approved?

Do visa numbers stay current as long as USCIS does not process enough cases in a year? For example less that 140,000 employment based?

Or...and really why I am asking this...

Now that the Labor Certification Backlog Centers will become a reality and with a real possibility of them addressing Regular Certification (as opposed to RIR) where Priority dates go as far back 2001. All this old priority dates would join the USCIS queues.

Does USCIS process based on receipt date as long as the priority date is more recent?

For example:

Example #1:

Visa numbers: Current

Case #1
Case applied: June 2003
Priority Date: November 2001

Case #2
Case applied: May 2003
Priority Date: December 2002

In this case, Case #2 gets approved first (assuming no lottery system exists at USCIS)

Example #2

Visa numbers: available prior to 1/1/02

Case #1
Case applied: June 2003
Priority date: November 2001

Case #2
Case applied: May 2003
Priority Date: December 2002

In this case, Case #1 get approved first.

Example #3

Visa numbers: available prior to 1/1/03

Case #1
Case applied: June 2003
Priority date: November 2001

Case #2
Case applied: May 2003
Priority Date: December 2002

Who gets approved first in this case?

Comments? Thoughts?

 

[satish001]

Does not matter as of now

As of now all the categories are current. If i am not wrong the Visa number is the Alien # or A#. This is a prerequisite in applying for 485. Since both are applied concurrently, you have it even before you apply for 140/485. I do not know how you get that number from USCIS. Once you have applied with USICS, the Labor dates should not matter one bit. Its all about the Notice Date. I might be wrong though.