USCIS information on Priority dates

JS485 said:
I might be wrong but, per my understanding, one cannot file 485 if visa availability is not current. USCIS started concurrent filing of 140 and 485 because visa numbers were available. Now doesn't it mean that a visa number is assigned to your case when 485 is filed. In other words all who have filed 485 will get approval irrespective of PD.
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Here are my 2 cents

Rule and past experience before concurrent filing came into picture, favors Dazzling

But LOOK At VISA NUMBERS available as per current bulleting; 100, 000+ Visas are still available from 1999 and 2000, only 30000+ have been used. More over processing pattern in past week is favoring CBEKing's points.
 
I will be very unimpressed when USICS or any department will do anything to create such a lag, when they started to be promising.

That will really speak of very unconsiderate policies.

After all people from these contries do work their best to prove their skills and give results, and that does help economy improve.
 
More points to priority date theory

Read the INA 245 act in the following link

http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-act245

Please make a note of the following section in the AOS act..

(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if-

(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

(B) an immigrant visa is immediately available to the alien at the time the application is filed.

I still feel that all pending 485's with 140 approvals will go through final approval without any problems.



485at85 said:
Here are my 2 cents

Rule and past experience before concurrent filing came into picture, favors Dazzling

But LOOK At VISA NUMBERS available as per current bulleting; 100, 000+ Visas are still available from 1999 and 2000, only 30000+ have been used. More over processing pattern in past week is favoring CBEKing's points.
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cbeking said:
Read the INA 245 act in the following link

http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-act245

Please make a note of the following section in the AOS act..

(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if-

(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

(B) an immigrant visa is immediately available to the alien at the time the application is filed. I still feel that all pending 485's with 140 approvals will go through final approval without any problems.
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Guys, 245 act came into picture after 2001 when concurren filing was not in around. After 245 came into picture this is the first time EB is retrogessing.
Now law very clearly changed and states "AT THE TIME OF FILING" and

NOT "At the time of approval".

CBE King has a very valid point.
 
cbeking said:
Read the INA 245 act in the following link

http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-act245

Please make a note of the following section in the AOS act..

(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if-

(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

(B) an immigrant visa is immediately available to the alien at the time the application is filed.

I still feel that all pending 485's with 140 approvals will go through final approval without any problems.
Click to expand...

My lawyer has the same opinion. He has been very accurate so far. My experience with him so far makes me believe that he is right
 
cbeking said:
Read the INA 245 act in the following link

http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-act245

Please make a note of the following section in the AOS act..

(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if-

(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

(B) an immigrant visa is immediately available to the alien at the time the application is filed.

I still feel that all pending 485's with 140 approvals will go through final approval without any problems.
Click to expand...
 
cbeking said:
Read the INA 245 act in the following link

http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-act245

Please make a note of the following section in the AOS act..

(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if-

(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

(B) an immigrant visa is immediately available to the alien at the time the application is filed.

I still feel that all pending 485's with 140 approvals will go through final approval without any problems.
Click to expand...

My lawyer has the same opinion. He has assured me that my application won't be affected. Based on my experience with him, I would beileve him.
 
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