Visa number available dates can retrogess.

H

honeybee

Registered Users (C)
As per www.immigration-law.com, the new visa bulletin says that the visa availablity dates can go back and the visa may not be available currently. This applies to Employment based processing also.

What happens to people who had applied for Adjustment of Status when the visa was available. Do they have to wait for visa number to be available in addition to f**king processing of USCIS. If anybody is aware of this situation, please advice.

Thanks,
-Honeybee
 
I think you are out of the woods (as far as visa number availability is concerned) the moment you get your I-485 receipt. In the good old days, people used to wait for upto a year after 140 approval just to apply for 485. Bottomline - If you have already applied, don't worry. Not about this issue at least.
 
Well , I think technically the could not approve an I-140 if there is not a visa number available. So if the I-140 is already approved there would not be any problem . But I can see the problem if it is a concurrent filing where the I-140 and the I-485 are processed simultaneously .....
 
As far as I know...

If the visa #'s go back.... You can't apply for 485 until your date is current even if you get your 140 approved. AND You would NOT get your green card or 485 approved until your visa date is current!!!!



Alcolombia said:
Well , I think technically the could not approve an I-140 if there is not a visa number available. So if the I-140 is already approved there would not be any problem . But I can see the problem if it is a concurrent filing where the I-140 and the I-485 are processed simultaneously .....
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Availability of visa number has nothing to do with 140 approval. Sometime before when you can only file 485 after 140 approval prioirty date will determine whether you are eligible to file 485. But with concurrent filing and PR date being current anyone with approved LC can file. But if the dates retrogress then what would happen is 485 cannot be approved. And with INS now taking a position that 140 and 485 will be approved together then if you lose job with your sponsering company you have to start GC all over again with your new company.
 
dont spread rumours i read the visa bulletin they are only talking about Family Immigration numbers.
dont let your paranoia get to you
 
Dadagiri,

I am not planning/intend to spread rumours. In www.immigration-law.com, it states that dates can retrogress but it does not specify whether it is family based or employment based. As we all are aware, the dates for Employment based became current 2 years ago. USCIS has a major backlog of three years for Employment based which they are tyring to clear. But they have a limit on the number of visas they can issue each year. I really wish that the dates for Employment based should never retrogress.

Thank you all for response.

In a nut shell, even if the dates retrogress ( which I don't wish they do), all people who filed I-485 are fine, with I-140 approved. Even people with I-140 and I-485 are fine since I-140 is not a visa. But there can be concern for people who have done concurrent filing and USCIS is planning to adjaculate I-140 and I-485 concurrently.

Thanks,
-Honeybee
 
I-485 if already filed will not be approved if the dates are not current.


honeybee said:
Dadagiri,

I am not planning/intend to spread rumours. In www.immigration-law.com, it states that dates can retrogress but it does not specify whether it is family based or employment based. As we all are aware, the dates for Employment based became current 2 years ago. USCIS has a major backlog of three years for Employment based which they are tyring to clear. But they have a limit on the number of visas they can issue each year. I really wish that the dates for Employment based should never retrogress.

Thank you all for response.

In a nut shell, even if the dates retrogress ( which I don't wish they do), all people who filed I-485 are fine, with I-140 approved. Even people with I-140 and I-485 are fine since I-140 is not a visa. But there can be concern for people who have done concurrent filing and USCIS is planning to adjaculate I-140 and I-485 concurrently.

Thanks,
-Honeybee
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