I-485 Approval(Good news for All of us)

unitednations said:
there was visas available just prior to certain dates. Up until June 2005 for india and china in eb3 it was June 2002. Only starting in July to Septmeber 2005 there were no eb3 visas available.

i don't know what else there is left to say. If you want, I can sell you the brooklyn bridge :)
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Availiablity of visa number and cut-off dates are two different things.

There is no formula to relate the two.
 
unitednations said:
One thing I don't understand about EDUCATED people is talk like this. Law says visa date has to be current to file 485 and it has to be current to approve your 485.

Everyone likes to point to one or two cases as the norm when there are tens of thousands of cases that haven't been approved. Mistakes can happen. We all went through this in January 2005 when everyone thought they were going to be the one or two lucky people that may get through by mistake.

I went for a local office interview in September 2005. I knew i wasn't going to get approved becuase of the visa date issue. After the three minute interview; uscis officer told me that everything is good to go but there is no visas available for my category.

Every lawyer web-site, and the law will tell you that it can't get approved. However, one or two approvals some how give people hope that it is going to happen.

If person contacts lawyer they will tell you that the approval is a mistake and the uscis may even rescind it later.
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I agree with you UN. It makes sense what you said. However, why NSC sent Biometrics notices (whose PD: 2002/2003) to those cases whose PD is not going to current ? Why USCIS is sending RFE's (again whose pd's are not current) when those cases are not going to be adjudicated now?
 
Are you sure of the 7% = 43000 per category. Is it not 7% for the entire country: all family and employment cases? In other words, EB1 + EB2 + EB3 + family cases per country < 7% of (total EB limit + total family limit).
 
Answer for hopeofgc's question.

Hi,

Here is something from my attorney a while back when I took my biometrics.

USCIS has changed the way they process permanent residence applications a little bit. In the "old days" (that is, up until about three months ago), they did your fingerprinting fairly early in the process, and then when your application was approved they had you go back in for "ADIT processing." ADIT processing involves signing a special little card and stamping your index fingerprint on the card -- these are then reproduced on the actual "green card."

NOW, however, they are trying to do the fingerprinting and the ADIT processing at the same time, so you don't have to go there twice. For those people who have already been fingerprinted (like you) but who have not done ADIT processing (you again), they are scheduling appointments for the ADIT part of things. This is also referred to as "capturing biometrics" -- your appointment notice makes reference to "USCIS must capture your biometrics." In addition to the fingerprint/signature on the card, I believe they will now take your photo w/ a digital camera as well.

fiveice
 
Country quota do NOT spill over.

unitednations said:
The spillover from other countries to india/china can only be used when other countries category is current. Eb3 is very bad situation.
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Country quota do NOT spill over.
There only intent is not to cross the max alloted to each country.

Country quota is only significant to those heavly populated countries .. some countries .. the quota might be higher than the population of that country.
 
I tend to agree with UN. According to law withour priority date current a 485 cannot be approved. Seems like Pandu and his friends cases are exceptions.
AND EXCEPTIOND does not make rule.

My guess is this case might have got assigned a Visa number before the retrogression. Or it could be a mistake by an officer too..

Some people get FP notices and such evenif they are retrogressed. I too got my FP code3 yesterday. My PD is Apr 03 and I filed concurrently on Oct 2004. When I checked with my lawyer, I was informed that UCSIS do the processing as far they can in each case so that once VISA available they can make a decision.

I'll update you guys if there is any change in my case.

thx
babu.
 
unitednations said:
see this thread, it is the best on on the forums that explains how all of this works.

http://boards.immigrationportal.com/showthread.php?t=189384
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UN,

I see you are trying to bring 'logic' into all this. And yes, logically what you say is correct. My view point is exactly what you say. But, I guess in all this, hope is the one thing that is left for many 485 applicants. If they want to beleive something, and that gives them hope, let it be. In the end, what has to happen will happen....be prepared for the worst, but hope for the best :) !
 
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UN, please take a look this one ...

UN,

My and my wife's I-485 have been approved last week. Do we come under visa availability if we have to go for Biometrics to ASC.

So far We went to ASC twice.

First time: we gave All finger prints and Thumb, photo, and signature (I don't know that they are for EAD and AP or for AOS), what is Code# ?

Second time: gave only poiting finger for EAD and AP renewals, What is code#?

I am still waiting for my approval notice, I know that I have to wait and see what it says...

But, as per my above statement, I have to goto ASC or I get my cards directly....Waiting eagerly...:)
 
EB-3 Retrogressed guys.

Looks like there are two views on 485 approval for retrogressed countries -- EB3 ... Looks like we all are just 'too many'

View No 1: No hopes no chances -- U all are retrogressed to near infinity. There are too many application pending .. and might take years to even get to the cut-off date (of early 2004) ..

This year quota has just disappeared in thin air --- as there is a huge surge of applications.

So relax -- and keep Ur EAD and AP renewing.

This view is supported most -- attorneys and forum members.

God Bless EB3.

View No 2: Some limited hopes. There will be some approvals for already filed cases... although the cut-off date is so many years before...
USCIS has already alloted some of the visa number to the Late 2003 and early 2004 applications and they might be approving there 485 soon.
Some argue that -- since they called for Biometrics for all family members -- this might lead to 485 approval.

This view is not all that popular. Attorneys do not support this --- nor most of the forum members..


Any other theories -- please do add to this ...

Well the wait at 485 will do some good to us ---
... to become good writers
... will sharpen our ability to make guesses
... helping new filiers with there applications
... enjoy great works by prince of Jungle.
 
Received Plastic cards

Hi fren,

First of all, mine was filed as EB2 not Eb3, I came to know that from my lawyer as I contacted him after seeing messages from you. Sorry for the confusion. We (me and my wife) got our 485 Approvals and plastic cards today.

Good Luck to you all and thank you for your input.

PD: 11/25/2003,
I EAD/AP: 09/26/2004
FP: 04/20/2005
II EAD/AP: 07/25/2005
I-140 (RFE regarding experience letter): 07/20/2005
I-485 & Plastic Cards: 09/27/2005
 
pandu04 said:
Hi fren,

First of all, mine was filed as EB2 not Eb3, I came to know that from my lawyer as I contacted him after seeing messages from you. Sorry for the confusion. We (me and my wife) got our 485 Approvals and plastic cards today.

Good Luck to you all and thank you for your input.

PD: 11/25/2003,
I EAD/AP: 09/26/2004
FP: 04/20/2005
II EAD/AP: 07/25/2005
I-140 (RFE regarding experience letter): 07/20/2005
I-485 & Plastic Cards: 09/27/2005
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Thanks for clearing the confusion for EB3. I thought so, that yours would be EB2 only. There is no way USCIS would approve for EB3 case for PD:11/25/2003 (India).

So, Nadi the view 2 will be ruled out i guess.
 
Guys, Just today I had a consultation with Immigation Lawyer, per him, if you have already applied for I485 (7 Months back in my case) then you already got A# assigned to you...in that case retro will not impact you....

I'm bit confuse with retro. Is Visa # is A# ???

Thoughts...comments..

InderPaul
 
InderPaul
A# is assigned when you apply for EAD for the first time. THis number is used to identify your file. Unfortunately this has nothing to do with Visa#. I wish what you said was true. :(
 
I got A# when I applied I485, EAD and AP...all together...and I believe its gonna be the same A# on our Green Cards...so its just not a file #, however its your future GC#. So whats the Visa #.....why a person on EAD would need Visa no if he is already in 485 phase for last 7-8 months.
I think whovever has already applied for I485...they are safe...retro is for new 485 applicants...Right !!!

InderPaul
 
About A#, did you ever apply for an OPT (Optiona Practical Training for F-1 students) before? I did and they gave me an A# on the OPT card, which looks identical to an EAD or GC. When I filed my immigration petition, they gave me another A# that is totally different from the one on my OPT card. So, an A# is simply a case number and has nothing to do with the visa number. Yes, it is ture that, when your 485 is approved, this A# will become your GC# and it will be associated with a visa number allocated to you.
 
Can anyone one tell me, what's the Visa # and why would i need a Visa # to associate with approved GC A#.

InderPaul
 
Visa# is NOT A#. Just ask those who got their GC, the Alien # is NOT A#. It is not bad to keep the dream alive and sweet, but still it is a dream!
 
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