Visa Number and Priority dates

[Nadi]

Some one Please help me in understanding this - for any EB3 from etrogressed State.
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One can only apply for 485 when Visa number is availiable... And 485 might be approved only after the Priority dates becomes current. -------------------------------------------------------------------------------------------
People who have concurrently applied will have to wait till there Priority dates become current. -------------------------------------------------------------------------------------------
So let say in the month of OCT they release new Visa Number -- say they allocate 100 visa numbers for EB3.

Now say when visa number becomes availiable .. every one with approved 140 will start applying ...

Que 01 : Will the USCIS stop accepting applications (485) when 100 applications are already received.

Que 02 : Since they have already pending 485 .. which was concurrently applied ... Will all the visa number go to them first ..?

Que 03 : Can there be a situation where all the visa number be consumed by the concurrent guy and they will not accept new applications?

Que 04 : Is Visa number alloted FIFO basis?


Thanks
Nadi

 

[jkvaisnavi]

Nadi,

Ex. lets assume, on Oct 1st

PD is set to Jan'2003 and
Processing date is Jan'2004 (NSC publish this often, 485 application received date by NSC when you apply)

Any one with the PD date before Jan'03 only eligible to apply 485 and it is not based on the visa numbers

Whoever applied before Jan'2004 and PD date before Jan'2003 cases will be approved.

Hope this helps.

 

[mdh3000]

So let say in the month of OCT they release new Visa Number -- say they allocate 100 visa numbers for EB3.

Now say when visa number becomes availiable .. every one with approved 140 will start applying ...

Que 01 : Will the USCIS stop accepting applications (485) when 100 applications are already received.

Que 02 : Since they have already pending 485 .. which was concurrently applied ... Will all the visa number go to them first ..?

Que 03 : Can there be a situation where all the visa number be consumed by the concurrent guy and they will not accept new applications?

Que 04 : Is Visa number alloted FIFO basis?

1. Kind of. They "release" a certain number every 3 months. Once it appears they are going to run out, they start to retrogress the date, or make it unavailable. In other words, they try to limit the number of applications to the number of visa numbers, but they often get many more applications than available visa numbers.

2. That is the plan, but it rarely works. For example: If person A apply in Jan 2005 but get stuck in the "name check" process, somebody who applies in Apr 2005 might get theirs first (if they aren't delayed).

3. Yes, that is what they are doing right now. No one in the EB-3 catagory (except Sch. A) can send in their I-485.

4. No. See #2. They only "issue" a visa number when an application is approved. So whoever gets approved first, gets the visa number. Regardless of who applied first.

NN

 

[Nadi]

Visa Number

They only "issue" a visa number when an application is approved. So whoever gets approved first, gets the visa number. Regardless of who applied first.

mdh3000,

Does that mean -- even if one is from retrogressed country and PD is not current ... they will process our 485 application ..
1> if every thing is OK they will put it in approved rack --- awaiting visa number...
2> Issue an RFE

Thank you.

 

[mdh3000]

mdh3000,

Does that mean -- even if one is from retrogressed country and PD is not current ... they will process our 485 application ..
1> if every thing is OK they will put it in approved rack --- awaiting visa number...
2> Issue an RFE

Thank you.

If you don't have a current priority date, no.

That is, unless the visa bulletin says "current" or it lists a date that is after your priority date they will do nothing more than issue a receipt notice for your I-485.

You won't even get an RFE unless your priority date is current.

mdh3000