If you are EB3 (excluding schedule A), then yes, Visa numbers are not available and you cannot file 485 atleast untill Oct. After that, it depends upon your priority date.Rueb said:I just heard from my Lawyer that the I-140 was accepted but the I-485 was returned on the basis that the immigrant Visa numbers for this year are finished and hence he will resubmit in October, can anyone confirm if indeed this is true.