Immigrant visa number

K

kashish

Registered Users (C)
Read the below on http://www.immigration-law.com

We reported on September 2, 2004 that the employment-based immigration priority dates may experience a set-back sooner or later. The report was based on the State Department forecast in its August 2004 Visa Bulletin. The AILA reports that the upcoming October 2004 Visa Bulletin will carry a State Department prediction that the cutoff date for employment based immigration may come earlier than predicted, as early as January 2005! It is an irony that one group of immigrants have to make other group of immigrants weep to settle down in this country.

I've a question and would appreciate any guidance:

When is an immigrant visa number allotted?
1) Is it when one files for I-485? Our concurrent application is pending since 10/03 and we've alien number provided to us in I-485 receipts.
2) Or is it allotted when I-140 gets approved?
3) Or when I-485 gets approved?

Thanks a bunch.

Kashish
 
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I beleive the visa number is your A # ? So this is alloted once you file I-485.

On another note can someone (ADMIN) do something about this annoying tanveer who is advertising left right and center. He/she has 62 post in this forum and almost ALL are the same ad message !!!!!!!!!! tanveer ji bus karo hun ...!! I suggest we call him at his cell and give him a piece of our mind ...
 
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Well...

Three replies and all have different assessment/answer. Can we please explore it some more and know with certainty what is correct.

I'm also trying to do a lot of net search but so far haven't hit upon something that is black and white.

Thanks
Kashish
 
A# is allotted when you file 485 but the immigrant visa number is used up only on approval (so you can have a case where a 485 is filed and then put on hold because the priority dates have regressed to before that application's priority date).

Bharad
 
But the link you provided specifically mentions that one can apply for adjustment of status ONLY after an immigrant visa number is available. To quote from the link:

Third, if you are already in the United States, you may apply to adjust to permanent resident status after a visa number becomes available for you.

U.S. law limits the number of immigrant visa numbers that are available every year. This means that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number.

From the second para, it is clear that the I-140 may be approved but it doesn't guarantee a visa number. But where does it conclude that one can file I-485 and that still doesn't mean an immigrant visa number is allotted?

Still confused....

Thanks a lot for your educated replies.

Kashish.

sertra2002 said:
Yes, my earlier assumption was wrong and bharad1 has put it correctly. Please read the folowing :

http://uscis.gov/graphics/howdoi/immvisa.htm
Click to expand...
 
Right on mark!!

Thanks bharad1 for your prompt help/guidance, appreciate.

So we're still not out of the woods yet as far as immigrant visa number is considered, even after filing the I-485. Very well, one more thing for me to worry about. :)

Kashish



bharad1 said:
This link may be helpful (the question towards the end is exactly what is being discussed here).

http://www.murthy.com/news/UDpdhdtw.html
Click to expand...
 
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Immigrant visa

For purposes of immigrant visa, what is my country - country of birth or country of citizenship? This is important because even in EB, there is a limit for each country.
 
Guys, I think we should start to pay more attention to this immigrant visa # - it is a ticking time bomb. I think USCIS should at the very least allow people to file 485 irrespective of the current date, and people should be allowed to use the EAD/AP. We need to discuss this and start filing petitions before it becomes too late - we pay taxes, we work to make this economy what it is, and we suffer.
 
mrajatish said:
Guys, I think we should start to pay more attention to this immigrant visa # - it is a ticking time bomb. I think USCIS should at the very least allow people to file 485 irrespective of the current date, and people should be allowed to use the EAD/AP. We need to discuss this and start filing petitions before it becomes too late - we pay taxes, we work to make this economy what it is, and we suffer.
Click to expand...

Why would they? It works to their benefit by reducing number of applications vastly...for an EB case with spouse, currently 7 cases are filed (incl. 485, EAD and AP for each). This would reduce it to one! So their backlog reduction gets a big boost.
Also, this is probably something CIS cannot change without a change in the law.
 
What do you all think the priority date will retrogress to?

will it be 2004 or 2003 or 2002 or 2001?????????????

this sucks. And Im really pissed about the Tanveer M***F***er who is posting his business ads here and everywhere in other forums
 
jambalakadi said:
Is the labor receipt date is PD?
or I-140 receipt date or i-485 receipt date?

Im really confused
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If substitution Labor case then date is usually RD of I-140 is your priority date. Otherwise it is date on which your labor application was received by State.
It will be their on your I-140 approval notice.
 
if the primary applicant and his spouse and his son apply for visa numbers would they get out of the quota 3 visa numbers or just one?i mean if they get a green card at the end, would they take 3 visas from the way of other people or just one? does it go by number of people applying or by primary applicants?
 
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