Need clarification.

P

pkon

Registered Users (C)
Hi,

I am sorry if this question seems stupid, but I am totally distressed by the recent doings of the USCIS. My husband is under the EB3 category. Our 485 became current (in the May 15th bulletin) just before they opened the gates for everyone and made it current for all EB categories.

So now do we have to wait unitl October like everyone else for the new visa numbers to come out?

This is what is counfusing me. In their statement USCIS said, " As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin."

But our priority dates became current a month ago. So shouldnt they accept applications of people whose dates are current? Can someone please explain this conundrum to me?

Thank you all.

Priya
 
I would say you have to wait like the others...

This is not expert opinion but I think you are out of luck on this one. It does not matter when you became current in the past. If you have not been approved by the time of new bulletin (because of pending name, security, FP etc. etc.), and the new bulletin is Unavailable for your category, then it's "VERY LIKELY" that you missed the boat and have to wait for your PD to become current again.

This has been USCIS practice at least as I see it. However, there's a small caveat. Your application may be under processing as we speak and a Visa Number "may" have been assigned to it already. It may or may not get approved in the next few weeks/months. Just wait and say your prayers.

Frankly, nobody really has definitive answers when it comes to conundrums of USCIS. Good luck!

pkon said:
Hi,

I am sorry if this question seems stupid, but I am totally distressed by the recent doings of the USCIS. My husband is under the EB3 category. Our 485 became current (in the May 15th bulletin) just before they opened the gates for everyone and made it current for all EB categories.

So now do we have to wait unitl October like everyone else for the new visa numbers to come out?

This is what is counfusing me. In their statement USCIS said, " As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin."

But our priority dates became current a month ago. So shouldnt they accept applications of people whose dates are current? Can someone please explain this conundrum to me?

Thank you all.

Priya
Click to expand...
 
Have you send out the 485 application yet? Mine just like yours and I become current on Apr VB and finally filed all paperwork on Jun 7. Got receipt notice for AOS/AP/EAD on 6/20.

Since, there is not much light coming out of DOS and CIS, if indeed most of the backlogged cased have been approved and flushed out from the queue, there may be (I said maybe), a VISA# assigned to those file earlier like us.

Good luck. At last GC is only a process and it is not our final destinity.
 
Thanks GCtrap for your reply. And Bela..no after our 485 became current, the lawyers took their own sweet time to get the papers to us. We got the medical and everything (my husband had a prob with his birth certificate) within a week and sent it back for them to verify and send it to USCIS. Ok...by the way..our lawyers suck big time!! So they had only asked us to give 2 photographs initially...then they wanted 2 more...and then they sent all our papers (for us to sign) to the wrong address. Sorry for the long story..but we sent them the papers n June 28th--reached lawyers on June 29th. They did not send it out becuse USCIS was rejecting all applications. So thats my sob story. Congrats on your EAD notice and thanks for the reply. Good luck to you too.
 
Lawyers are usually biased towards employers, this is the reason why countless EB-2 cases were filed under EB-3, remember that employers intent is usually not to file GC at all and their lawyers make every possible to ensure that GC is not filed promptly.The current situation is highly favourable to all employers and they pray that it remains like this for ever.
 
sivaguru said:
Lawyers are usually biased towards employers, this is the reason why countless EB-2 cases were filed under EB-3, remember that employers intent is usually not to file GC at all and their lawyers make every possible to ensure that GC is not filed promptly.The current situation is highly favourable to all employers and they pray that it remains like this for ever.
Click to expand...

Yes mine was filed in eb3 instead of eb2 since the lawyer was biased toward the employer. Moreover the lawyer feels that it requires lot of work to file in EB2.
 
ours too!

gc tunnel--ours was also filed under EB3 instead of EB2 and we were not even informed by the lawyers. :mad:

I am not complaining since 485 "was" current for EB3 sooner than we could expect in EB2.

I guess I'll just wait for Oct then. Thanks everyone for your replies.

Priya
 
I have another question

We (my husband, my children and me) sent our appl at the beginning of June, already got our notices for FP. In the receipt notice there's consigned the Alien #, what does it mean? A visa number has been assigned already and it's just a matter of time? Or we're supposed to wait until october (or later, most probably) to have our cases approved?
Please help me understand this.
 
pkon said:
Thanks GCtrap for your reply. And Bela..no after our 485 became current, the lawyers took their own sweet time to get the papers to us. We got the medical and everything (my husband had a prob with his birth certificate) within a week and sent it back for them to verify and send it to USCIS. Ok...by the way..our lawyers suck big time!! So they had only asked us to give 2 photographs initially...then they wanted 2 more...and then they sent all our papers (for us to sign) to the wrong address. Sorry for the long story..but we sent them the papers n June 28th--reached lawyers on June 29th. They did not send it out becuse USCIS was rejecting all applications. So thats my sob story. Congrats on your EAD notice and thanks for the reply. Good luck to you too.
Click to expand...
Pkon,
in that case you may have to wait till dates become current again ..if your app was not recd before june 29. when is yr PD ..but hopefully you will become current in oct 2007. make sure you apply pressure on yr lawyer and ask him if yr app has been recd by uscis etc once u are current again
 
SAme situation

pkon said:
Thanks GCtrap for your reply. And Bela..no after our 485 became current, the lawyers took their own sweet time to get the papers to us. We got the medical and everything (my husband had a prob with his birth certificate) within a week and sent it back for them to verify and send it to USCIS. Ok...by the way..our lawyers suck big time!! So they had only asked us to give 2 photographs initially...then they wanted 2 more...and then they sent all our papers (for us to sign) to the wrong address. Sorry for the long story..but we sent them the papers n June 28th--reached lawyers on June 29th. They did not send it out becuse USCIS was rejecting all applications. So thats my sob story. Congrats on your EAD notice and thanks for the reply. Good luck to you too.
Click to expand...

I am also in same situation .Only difference is my dates are current all teh time. I sent my employer my papers 8 months back and yet to see any response.I was b/n projects when i sent and my employer said get a project.I did and its been some time and still no movement. MY h1 b extension had an rfe hence the delay he said. This bulletin is a dream come true for employers.its like take every ounce of energy left in emloyees for however long u want.
 
mke said:
We (my husband, my children and me) sent our appl at the beginning of June, already got our notices for FP. In the receipt notice there's consigned the Alien #, what does it mean?
Click to expand...
The A# is not a visa number, it is a unique identifier assigned to green card applicants and is used to index your files. When you call or otherwise make inquiries about your case, giving them that number can help them to retrieve the information.
 
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