Visa availability has nothing to do with pending 485 submitted in US

H

Haishun Yang

New Member
Learned a lot from this forum, but first time to post.

Just called USCIS for a simple question that has puzzled me for several months. The questions is: for those whose 485 are pending, will their cases NOT be processed until visa-available date in Visa bulletin passes their PD? Take my case for instance, I filed concurrent 140 and 485 under EB2 in late Sept 2005 in Nebraska Center. My 140 was approved a month later. In the current (Sept, 2006) Visa Bulletin, the date of visa available for EB2 mainland China is March 1, 2005, while Nebraska Center is currently processing all employment-based 485 submitted before Nov 1, 2005. What I was wondering is whether my 485 will be processed regardless of the visa available date, my case has to wait until visa become available. After calling USCIS, it now becomes clear: pending 485 cases (submitted in US) have nothing to do with visa availability, because pending 485 cases are for adjustment of status, NOT for visa (as we are in US already). The officer told me I can expect a decision pretty soon.

Hope this helps to clarify some confusions.

Haishun
 
Haishun Yang said:
Learned a lot from this forum, but first time to post.

Just called USCIS for a simple question that has puzzled me for several months. The questions is: for those whose 485 are pending, will their cases NOT be processed until visa-available date in Visa bulletin passes their PD? Take my case for instance, I filed concurrent 140 and 485 under EB2 in late Sept 2005 in Nebraska Center. My 140 was approved a month later. In the current (Sept, 2006) Visa Bulletin, the date of visa available for EB2 mainland China is March 1, 2005, while Nebraska Center is currently processing all employment-based 485 submitted before Nov 1, 2005. What I was wondering is whether my 485 will be processed regardless of the visa available date, my case has to wait until visa become available. After calling USCIS, it now becomes clear: pending 485 cases (submitted in US) have nothing to do with visa availability, because pending 485 cases are for adjustment of status, NOT for visa (as we are in US already). The officer told me I can expect a decision pretty soon.

Hope this helps to clarify some confusions.

Haishun
Click to expand...

Hi Haishun,

NOT SURE ABOUT What USCIS officer meant. BUT STRANGE ANSWER. I have never heard this kind of answer and from this forum. pretty soon can be a year also as for as USCIS is concerned :)
 
I am not sure whether the person who gave you this strange information has really any knowledge about immigration. If the person who gave you that information is true then why do they send you a welcome notice after your I-485 is approved.
 
Haishun Yang,
As per my understanding:
-- USCIS will start processing the I-485 case file based on the processing dates listed on their website
-- The last step in I-485 processing will be approval which is controlled by visa number availability (not the visa stamped on our passport, that is different). If visa numbers are available (based on priority dates), they may approve the case.

What do you say guys, as i right?

Endless Wait


Haishun Yang said:
Learned a lot from this forum, but first time to post.

Just called USCIS for a simple question that has puzzled me for several months. The questions is: for those whose 485 are pending, will their cases NOT be processed until visa-available date in Visa bulletin passes their PD? Take my case for instance, I filed concurrent 140 and 485 under EB2 in late Sept 2005 in Nebraska Center. My 140 was approved a month later. In the current (Sept, 2006) Visa Bulletin, the date of visa available for EB2 mainland China is March 1, 2005, while Nebraska Center is currently processing all employment-based 485 submitted before Nov 1, 2005. What I was wondering is whether my 485 will be processed regardless of the visa available date, my case has to wait until visa become available. After calling USCIS, it now becomes clear: pending 485 cases (submitted in US) have nothing to do with visa availability, because pending 485 cases are for adjustment of status, NOT for visa (as we are in US already). The officer told me I can expect a decision pretty soon.

Hope this helps to clarify some confusions.

Haishun
Click to expand...
 
We all wish that officer was Right!!!!!!!!!!!!

Haishun Yang said:
Learned a lot from this forum, but first time to post.

Just called USCIS for a simple question that has puzzled me for several months. The questions is: for those whose 485 are pending, will their cases NOT be processed until visa-available date in Visa bulletin passes their PD? Take my case for instance, I filed concurrent 140 and 485 under EB2 in late Sept 2005 in Nebraska Center. My 140 was approved a month later. In the current (Sept, 2006) Visa Bulletin, the date of visa available for EB2 mainland China is March 1, 2005, while Nebraska Center is currently processing all employment-based 485 submitted before Nov 1, 2005. What I was wondering is whether my 485 will be processed regardless of the visa available date, my case has to wait until visa become available. After calling USCIS, it now becomes clear: pending 485 cases (submitted in US) have nothing to do with visa availability, because pending 485 cases are for adjustment of status, NOT for visa (as we are in US already). The officer told me I can expect a decision pretty soon.

Hope this helps to clarify some confusions.

Haishun
Click to expand...
There is no confusion as far as visa availability and approvals are concerned!!It is crystal clear that your PD has to be current and visa should be available for approval. When we talk about visa..it is about Immigrant visa!! That officer doesn't seem to know basics..if that was the case..no one would be waiting for visa bulletin every month!!
Good luck!
 
Dont forget NC

That is true about Visa abailability + PD current = chance of approval.
BUT, aren't you forgeting another important factor?
All the visa available in the world (I mean US) wouldn't make any difference, if your name check (NC) hasn't been cleared.

So if you see your pd is current and not getting approval, check if your NC has passed or not.
 
Hi, folks and gurus,
(If there are idiots in this world, there are two more now: me plus the USCIS officer who answered my question. But I am still grateful to her for telling me what she understand in a pleasant tone).

Seriously, thanks for your inputs. I guess you are right. I also went through the FAQ at Visa Bulletin website, and it is clear that both overseas and in-US applicants are restricted by the visa quota.

Well, after being excited for a few hours, I am cool again, and will keep shut up from now on. Of course, I won't stpo peering into this forum for useful information.

Let's cool down and enjoy our waiting for the damn GC. "We are lucky, because we afterall have something to wait for. Not everyone has it".

Haishun
 
Haishun Yang said:
Hi, folks and gurus,

...Let's cool down and enjoy our waiting for the damn GC. "We are lucky, because we afterall have something to wait for. Not everyone has it".

Haishun
Click to expand...

You are right on that. Waited a loong time, still I have something going on, lot of folks don't have nothing to look forward.

I was excited also once after talking to one of those idiots. It was my fingerprint notice email, but written with the word 'accepted & approved'. But soon I realized and calm down.

I'm not an expert but I think we can share whatever we know, right or wrong, that way we get corrected. People are very nice here. I've learned a lot, in fact almost everything I learned about immigration are from this friendly forum. I had to learn because 6 months after my sponsor company applied for I140+485, I was on my own.

So relax.
 
Don't worry, the officer was talking about Visa credit cards. As opposed to MasterCard. They are always available :) He used to work for a bank :D
 
Toxsci said:
There is no confusion as far as visa availability and approvals are concerned!!It is crystal clear that your PD has to be current and visa should be available for approval. When we talk about visa..it is about Immigrant visa!! That officer doesn't seem to know basics..if that was the case..no one would be waiting for visa bulletin every month!!
Good luck!
Click to expand...

Dear Toxsci,

I have a quick but very simple and stupid question.... I will be gratefull if you can answer. I (my lawyer) applied for I140 and I485 on Dec 2004. My I140 got approved on Feb 22 2005. I gave my fingerprints on April 19 2005. But I have not heard from my I485... My lawyer called USCIS several times.. Each time they say it is pending SECURITY CHECK....The priority date on my I140 is June 23 2004 (on I 797 notice of action)... There is no priority date for my I485 (i.e., on I797C notice of action)...MY status is EB2....

My question is I have no idea what PD being current means, and I have no idea what VISA available means.... I am from TURKEY.... would you please tell me if I am ok ??? :(
 
captainv123 said:
Dear Toxsci,

I have a quick but very simple and stupid question.... I will be gratefull if you can answer. I (my lawyer) applied for I140 and I485 on Dec 2004. My I140 got approved on Feb 22 2005. I gave my fingerprints on April 19 2005. But I have not heard from my I485... My lawyer called USCIS several times.. Each time they say it is pending SECURITY CHECK....The priority date on my I140 is June 23 2004 (on I 797 notice of action)... There is no priority date for my I485 (i.e., on I797C notice of action)...MY status is EB2....

My question is I have no idea what PD being current means, and I have no idea what VISA available means.... I am from TURKEY.... would you please tell me if I am ok ??? :(
Click to expand...
You have to look into the monthly visa bulletin to check if visa is available in your category..as far as I know it is available..then comes PD..look into your service center website and check the dates of 485 cases that they are processing now in your category..if it is past your PD that means you are good to go! If your security check is pending, then nothing will happen till that is processed by FBI..in my opinion, you need to start working on your namecheck issue.
Good luck!
Toxsci
 
Toxsci said:
then comes PD..look into your service center website and check the dates of 485 cases that they are processing now in your category..if it is past your PD that means you are good to go!
Click to expand...

The processing dates for the Service Center reference I-485 Receipt Dates, not the underlying priority dates.
 
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