PD Current - What about Visa Number?
- Thread starter eBhola
- Start date
I don't think there are that many cases in the pipeline. As per USCIS they are not seeing a high demand for visa numbers. Because of their conservative approach USCIS has not been able to utilize that many visa numbers so far. With only 4 months to go, they did not want to end up in the same situation as last year where 11000 visas went unused. My guess is that they still have more than 50% of the 140K quota remaining and thats why we are seeing such drastic movement of priority dates.
Possible. It all depends on howmany cases have been preadjudicated and waiting for visa numbers. With massive jump in PD by years, if supply is less than demand, this is quite possible. Who knows what is cooking there..Till we see july visa bulliton, one can not arrive at any conclusion. Further more, I doubt that they approve 485 based on RD. They approve randomly if it is ready to be approved. There will be no priority in approving 485 once PD is current. They dont follow RD.
There will be tons of people will file fresh 485 based on this cutoff date movement. However, there is one good thing. They monitor the demand (to move the cutoff date for next month) by counting the cases they actually approve in a month rather than counting number of cases they receive during june. Therefore there may be a chance for number of visas left over at the end of june, after approving pre-adjudicated cases.
If they have been pre adjudicated then USCIS will know the numbers right ? Even with this numbers they feel confident enough to push the dates so far.....
No! Cut-off dates are set monthly. If you become current on June 1st, you'll stay current for the entire month. If your date is current you can be approved during the month of June. There isn't a set number of visa numbers allocated to June. Of course, if they run into the country limits or the yearly limit they'll stop approving cases, but I don't think that'll happen that quickly.
If too many applications become current, the State Department will retrogress dates but that won't take effect until July 1st.
It's a bad system because once the flood gates are open, they stay open for the entire month. The reverse is true too. If they push dates back too far, they can't change them for an entire month.
Of course, just because your priority date becomes current for June doesn't mean it will be approved.
mdh
Dallas03096
Registered Users (C)
Visa numbers
If PD is current, we can apply for I-485.
At the time of approval, CIS officer requests for a visa number allocation. If visa number is available, then the approval is given immediately. Otherwise it goes to a list of those who are waiting for visa# to become available.
My PD is March 2002 and I was told in Sept 2005 my case will have to wait for visa# to be available. But if someone (whose case was adjudicated later than mine but has a PD before mine) had been put on that list, he/she will get the visa# allotted earlier than my case (come June).
That is how the system is supposed to work. But you never know with USCIS!
If PD is current, we can apply for I-485.
At the time of approval, CIS officer requests for a visa number allocation. If visa number is available, then the approval is given immediately. Otherwise it goes to a list of those who are waiting for visa# to become available.
My PD is March 2002 and I was told in Sept 2005 my case will have to wait for visa# to be available. But if someone (whose case was adjudicated later than mine but has a PD before mine) had been put on that list, he/she will get the visa# allotted earlier than my case (come June).
That is how the system is supposed to work. But you never know with USCIS!
Yup. I'm pretty sure my case was just waiting for a visa number as my I-485 was approved May 3rd and my priority date only became current on the 1st.
mdh
How can one know when the 485 was approved and the application is just waiting for visa number ?
Ghost_card
Registered Users (C)
I have a question in regards for this movement of dates. My LUD on 485 changed on 04/10/07. And the system message changed. this is what it says.
"Current Status: Fingerprints review completed.
Review of the fingerprints taken relating to this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS has been completed. Processing of this case continues. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them."
Does this mean my case is preadjucated and is pending visa number for approval? Or does this mean my finger print/ name check/ back ground check is Complete?
Please advice.
Thank you
"Current Status: Fingerprints review completed.
Review of the fingerprints taken relating to this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS has been completed. Processing of this case continues. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them."
Does this mean my case is preadjucated and is pending visa number for approval? Or does this mean my finger print/ name check/ back ground check is Complete?
Please advice.
Thank you
I think the only way to know for sure is to make an infopass appointment and talk to an USCIS agent in person. They can give you details as to the status of your application. I know a few people have done that and been told that the application is approved and only waiting for a visa number.
mdh
Jackolantern
Registered Users (C)
That's the same message I got 2 years ago when I did my first fingerprinting. All it means is that the fingerprint check is done. Not name check, not preadjudication.
I told you so....
Untimely Processing and Systemic Problems with Employment-Based Green Card Applications
Although raised in the Ombudsman’s 2005 Annual Report (at pp. 9-11) and 2006 Annual Report (at pp. 13-16), significant issues remain with the timely processing of employment- and family-based petitions and applications for green cards.
1. Background
The INA establishes formulas and numerical limits for regulating immigration to the United States. U.S. employers may file a petition to hire foreign workers using Form I-140. U.S. citizens and green card holders can file petitions for certain family members using Form I-130. The filing of the petition (or of the labor certification application for employment-based petitioners) establishes a “priority date.” Priority dates determine a beneficiary’s “place in line” relative to other beneficiaries in the same category and nationality for visa allocation.
By statute, there are formulas and limits on the annual number of employment-based visas and certain family-based visas. The Department of State (DOS) allocates these visas by estimating how many immigrant visas will be available and publishes the results in a monthly “Visa Bulletin.”35 If the number of visas available in a category exceeds demand for them, the Visa Bulletin will indicate that the category is “current.” A petition in a current category filed today can be processed for a visa today. If the demand for visas exceeds what is available in a category, the Visa Bulletin will indicate a cutoff date and the issuance of visas is restricted to applicants whose priority dates are earlier than the cutoff date. Petitions with priority dates after the published date must wait until DOS advances the posted date to obtain a visa. However, cutoff dates also can “retrogress,” which occurs when the actual number of applications received exceeds the number DOS estimated would be used for the visas available.
Retrogression can have serious consequences because applicants and their families who expected to obtain green cards suddenly cannot. For those applicants awaiting visas overseas, their preparations to immigrate are derailed. Plans that depend on a green card status, such as to study, advance in a job, or obtain essential credentials, are delayed. Moreover, a retrogression can have significant business consequences for employers that require predictability in staffing.
The movement of priority dates is critical to ensure: (1) orderly processing of visa applications; and (2) that visas issued do not exceed statutory limits. Priority dates also are connected with USCIS backlogs.
When priority dates are current, foreign nationals in the United States may apply for green cards and become eligible for an EAD if the green card is not processed within 90 days. Significantly, EADs may be issued and renewed for applicants who may ultimately be deemed ineligible for the green card. Importantly, there is a dynamic connection between priority dates, workloads, and backlogs, and the downstream consequences can be significant.
For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37 As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas.
Source: http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
Untimely Processing and Systemic Problems with Employment-Based Green Card Applications
Although raised in the Ombudsman’s 2005 Annual Report (at pp. 9-11) and 2006 Annual Report (at pp. 13-16), significant issues remain with the timely processing of employment- and family-based petitions and applications for green cards.
1. Background
The INA establishes formulas and numerical limits for regulating immigration to the United States. U.S. employers may file a petition to hire foreign workers using Form I-140. U.S. citizens and green card holders can file petitions for certain family members using Form I-130. The filing of the petition (or of the labor certification application for employment-based petitioners) establishes a “priority date.” Priority dates determine a beneficiary’s “place in line” relative to other beneficiaries in the same category and nationality for visa allocation.
By statute, there are formulas and limits on the annual number of employment-based visas and certain family-based visas. The Department of State (DOS) allocates these visas by estimating how many immigrant visas will be available and publishes the results in a monthly “Visa Bulletin.”35 If the number of visas available in a category exceeds demand for them, the Visa Bulletin will indicate that the category is “current.” A petition in a current category filed today can be processed for a visa today. If the demand for visas exceeds what is available in a category, the Visa Bulletin will indicate a cutoff date and the issuance of visas is restricted to applicants whose priority dates are earlier than the cutoff date. Petitions with priority dates after the published date must wait until DOS advances the posted date to obtain a visa. However, cutoff dates also can “retrogress,” which occurs when the actual number of applications received exceeds the number DOS estimated would be used for the visas available.
Retrogression can have serious consequences because applicants and their families who expected to obtain green cards suddenly cannot. For those applicants awaiting visas overseas, their preparations to immigrate are derailed. Plans that depend on a green card status, such as to study, advance in a job, or obtain essential credentials, are delayed. Moreover, a retrogression can have significant business consequences for employers that require predictability in staffing.
The movement of priority dates is critical to ensure: (1) orderly processing of visa applications; and (2) that visas issued do not exceed statutory limits. Priority dates also are connected with USCIS backlogs.
When priority dates are current, foreign nationals in the United States may apply for green cards and become eligible for an EAD if the green card is not processed within 90 days. Significantly, EADs may be issued and renewed for applicants who may ultimately be deemed ineligible for the green card. Importantly, there is a dynamic connection between priority dates, workloads, and backlogs, and the downstream consequences can be significant.
For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37 As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas.
Source: http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
Jackolantern
Registered Users (C)
LOL! When the 485 gets approved, that's the green card. No need for EAD at that stage!
You can apply for EAD at the same time as applying for the 485.
Good work MA_labor..
Much of the guys who are getting approval now, would have had cleared in FY 06 .. where USCIS lost around 10,000 EB visas.
According to one post earlier, NSC had requested 10,000 of estimated 40,000 visas and many guys have been assigned with visa number and just waiting to be picked up.
there are many many guys applying for 485 now , many from BEC, many who are using sub labor and many more who missed the 485 boat, as the PD retrogressed.
The number might be huge ...
My question here is -- will India EB2/EB3 go Unavailable in next visa bulletin?
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AMNESTY to All I read somewhere in the forum that, NSC is busy reordering the 485 based on RD, so that they start approving (?) fast.
Most officers are busy answering phone calls and planning ways to receive flood of applications on July 2, good for them July 1st is Sunday.
Yes, there is going to be flood ... marriage will on rise in next 15 days-forget the traditions, simple court marriage is all they want [Good].
One more month to go for LC Substitution merchants -- so market is bringing in more guys. Doctors, Airlines, Attorneys ... all busy and cash heavy.
I hope at NSC, they have a different room to receive and store the new applications or else they get piled up over the old ones, making the older guys impossible to be fetched by IO.
The NSC has to do 10,000 before this July end ( someone in the forum said earlier that NSC has requested 10K visa numbers). The only way they can do that is by processing most application without touching them - a blind approval ..
Well it might be good for us - so keep calling guys. Lets make them busy and so they will have less time to go thru the application and we all win thru blind approvals ...
Everybody is happy , but I am not, I would prefer AMNESTY to All !!!
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