Peculiar situation..I-485 stamping done when visa no's not available...

C

chatpat

New Member
Friends,
Iam in a very strange situation.My PD is 03/11/2001, EB3 (Labor substitution). I had my case transfered to Newark local office on 12/08/04. I had my interview at newark local office on 08/18/05. Since for EB3, visa numbers were not available from 07/01/05, for people who had interviews during that time they stamped it as "awaiting visa numbers availability" and they put A# on the passport. They were told that they will receive the green cards directly in mail once visa numbers become available after 10/01/05.

For me however, the interviewing officer stamped it as I-551 ,Temporary Legal Permanent resident valid for 1 year. He said i was a legal permanent residence from that time. When i told i was EB3, he said doesn't matter. He took my old EAD and I-94 and said i can go and get new social security card and Driver's License with that stamping.

Now after this retrogession to 01/01/1998, i don't know my fate. When i went to Social security office the other day, my status still was shown as H1-B. I don't know what's my fate now. How come when the visa numbers weren't available he put the permanent residence stamp. A friend of mine was saying there would have been a few available..

What's my situation now??? Is anyone else in the same boat..
 
chatpat said:
Friends,
Iam in a very strange situation.My PD is 03/11/2001, EB3 (Labor substitution). I had my case transfered to Newark local office on 12/08/04. I had my interview at newark local office on 08/18/05. Since for EB3, visa numbers were not available from 07/01/05, for people who had interviews during that time they stamped it as "awaiting visa numbers availability" and they put A# on the passport. They were told that they will receive the green cards directly in mail once visa numbers become available after 10/01/05.

For me however, the interviewing officer stamped it as I-551 ,Temporary Legal Permanent resident valid for 1 year. He said i was a legal permanent residence from that time. When i told i was EB3, he said doesn't matter. He took my old EAD and I-94 and said i can go and get new social security card and Driver's License with that stamping.

Now after this retrogession to 01/01/1998, i don't know my fate. When i went to Social security office the other day, my status still was shown as H1-B. I don't know what's my fate now. How come when the visa numbers weren't available he put the permanent residence stamp. A friend of mine was saying there would have been a few available..

What's my situation now??? Is anyone else in the same boat..
Click to expand...

From my point of view: just consider yourself lucky and relax. Your adjustment of status IS APPROVED. Your temporary status will be either getting extended in a year, or change to a permanent GC.
 
chatpat said:
Does that mean a visa number would've been assigned to me....
Click to expand...

Did you get the Card?
He might not have stamped without visa number allocation. It might be an error from USCIS side. Later they can come and tell some thing else.Wait for some other confirmation like getting Wel-come letter or the card.
 
I didn't get the card yet...I went to Social Security office 3 weeks after the approval, they said the status still shows H1.... When the officer stamped my passport for I-551, permanent residence, i told him that iam EB3, and he said iam fine...

Probably i should wait another few days to get the welcome letter or card...
 
You are trying to find your status from social security office. Why don't you ask USCIS what your status is? Call the customet service rep, or better still get transferred to VSC and find out the status for yor receipt number. Also you can try getting an Infopass appt. at your local USCIS center and ask them this question. Its better to get the answer from the agence directly rather than trying to get it inderictly from the SSN office.
 
tammy2 said:
He might not have stamped without visa number allocation. It might be an error from USCIS side. Later they can come and tell some thing else.
Click to expand...

Of course it's USCIS error. If you are in an EB category, you cannot be granted permanent residence without an allocated visa number. The officer at the distirct office can give you the I-551 stamp, but it is meaningless since no visa number has been assigned.

If you attempt to travel internationally on that stamp, you will be probably be denied entry, and accused of fraud - which isn't fair since it was their screwup. Go back to the District Office.
 
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