Retrogression now affects everyone, but what if your in the FP phase?

G

Greencardream

Registered Users (C)
Retrogression now affects everyone, but what if you're in the FP phase?

The U.S. Department of State (DOS) July 2005 Visa Bulletin, issued June 13, 2005, reflects unavailability of visa numbers in the Employment-Based 3rd Preference (EB3) category for all countries.

This means everyone in EB3, no matter one's country of origin or priority date, is impacted by this development (except for nurses and physical therapists).

This means that, starting July 1, 2005 and continuing until more visa numbers become available, it will not be possible for persons in EB-3 (except nurses, etc.) to file I-485 Applications.

Those I-485 cases that are pending will remain pending until the visa numbers are available.

What does this mean for those of us who have already had our FPs taken? Presumably our I-485 applications are already being processed and will continue to be processed until a final decision is made, regardless of the new retrogression-induced "freeze"? Any thoughts?
 
Last edited by a moderator:
Your case will be pending until visa is available, unless you are lucky to get approval before 7/1.
 
Thanks -- In my panic over this I didn't realize that I am EB2 and not 3 so this will not apply to me -- feel bad for the EB3s though
Thanks for your response.
 
Will Mine comes under Retrogression Clause?

1. I filed my Labour on Nov 2002 and I got approved.
2. I filed my I140 on July 2003 and it also got approved.
3. I filed my I-485 on April 2004 and it is Pending now....
4. Mean while I got my EAD too, and then I got married on Feb 2005 and I brought wife to U.S. on H4 (Thru my H1, which is still valid thru May 2006).
5. Now I applied for my wife I-485 thru my Lawyer and the USCIS rejected my wife application and they also send a letter to my lawyer stating...

Dear Applicant:
The Nebraska Service Center CANNOT accept the attached I-485 application(s). An immigrant visa number is not readily available for you at this time because the priority date of the underlying immigrant visa petition is not yet current. We have accepted your Form I-140 for processing, and you should receive a receipt notice in the near future showing your case number. Your Form I-485 application is being returned to you at this time alone with supporting documents.

When an immigrant visa number becomes immediately available based on the priority date of the underlying petition, you may then file the Form I-485 (with the appropriate filing fee and other required documents). Secondary applications, if needed, may be filed (with the appropriate filing fee and other required documents) along with or after, the I-485.


So, what is the above statement mean??? Can anyone guide me on this Pls.? And also in the above statement, they were mentioning that Form I-140 is accepted for processing... whose I-140 they are refering too, (My I-140 already got approved)....

Meanwhile my lawyer is saying that my wife can no longer apply for her I-485 and they were asking her to change her status to F1 and apply after my I-485 get approved.. I dont think, this might help me... So please help me on this and also suggest me, when can I apply my wife I-485?
 
Dear BMKarthic
Are you an EB2 or EB3 category worker?
Does anyone know if his wife would have a derivative status based on his status?
Looks like your wife's I-485 application has to wait until visa numbers become available -- this will probably mean faster processing time in the long run, because the backlog will be reduced (chin up -- cheer up)
 
bmkarthic said:
Dear Applicant:
The Nebraska Service Center CANNOT accept the attached I-485 application(s). An immigrant visa number is not readily available for you at this time because the priority date of the underlying immigrant visa petition is not yet current. We have accepted your Form I-140 for processing, and you should receive a receipt notice in the near future showing your case number. Your Form I-485 application is being returned to you at this time alone with supporting documents.

When an immigrant visa number becomes immediately available based on the priority date of the underlying petition, you may then file the Form I-485 (with the appropriate filing fee and other required documents). Secondary applications, if needed, may be filed (with the appropriate filing fee and other required documents) along with or after, the I-485.


So, what is the above statement mean??? Can anyone guide me on this Pls.? And also in the above statement, they were mentioning that Form I-140 is accepted for processing... whose I-140 they are refering too, (My I-140 already got approved)....

Meanwhile my lawyer is saying that my wife can no longer apply for her I-485 and they were asking her to change her status to F1 and apply after my I-485 get approved.. I dont think, this might help me... So please help me on this and also suggest me, when can I apply my wife I-485?
Click to expand...

It does not make sense at all. If your wife is applying a GC through marriage, then she doen't need to file the I-140. Can you tell us what Doc. you sent to the INS? What category are you in?
 
You must log in or register to reply here.
Top