StillWaiting73
Registered Users (C)
if ur 140 is approved does that mean you have a visa number available?
Visa number?
- Thread starter StillWaiting73
- Start date
No it doesn't.
You get a visa number assigned only when they are ready to adjudicate the I-485. So if you are retrogressed they won't approve you until there are more visas available. They only thing they are processing for those people is the I-140 and EAD/AP if you have an I-485 filed already.
They may also issue RFE's on any of your cases but no approval until you are current.
You get a visa number assigned only when they are ready to adjudicate the I-485. So if you are retrogressed they won't approve you until there are more visas available. They only thing they are processing for those people is the I-140 and EAD/AP if you have an I-485 filed already.
They may also issue RFE's on any of your cases but no approval until you are current.
poongunranar
Registered Users (C)
That's incorrect, I think.
You get a visa number allocated when you get your I-140 approved. This is the A#. Now, as per law, a visa number must also be made available at the time of I-485 adjudication, when USCIS will request for the approval of the Visa Number for the alien. It is during this aspect of approval that retrogression affects a whole lot of people. So, they might have had their A#s, but yet, they will not have an approval because at this time of approval, there isn't a "visa number" available to approve theirs!!! Duh!!!!grunggy said:
This is not right. You don't get a visa number when your I-140 is approved; you only get one when I-485 is approved. Visa number maybe associated with an A# after 485 approval, but it is not the same as an A#.poongunranar said:
A simple example: As an F-1 student, if you apply for Optional Practical Training, you will also get an A# printed on your EAD card, which is different from what you will get if you apply for immigration in the future. --To simply put, A# is only a case number and doesn't mean anything to you before your 485 is approved.
poongunranar
Registered Users (C)
Madison04 & max2k1
Valid points and valid counter-questions. I think each of our assertions is partly true. To that extent let me put this counter-question: If the A# allocation of I-140 ( take it as AFTER APPROVAL OF 140 and JUST BEFORE CONSIDERATION OF 485 ) doesn't tantamount to a Visa # then why is there an inability to EVEN FILE I-485 if the date is not current?
Likewise, since it is the visa # that needs to be OKayed just about the time of approval, one cannot approve 485 if the date is not current.
Thanks for your clarifications and counter-posers. I do appreciate the same.
Valid points and valid counter-questions. I think each of our assertions is partly true. To that extent let me put this counter-question: If the A# allocation of I-140 ( take it as AFTER APPROVAL OF 140 and JUST BEFORE CONSIDERATION OF 485 ) doesn't tantamount to a Visa # then why is there an inability to EVEN FILE I-485 if the date is not current?
Likewise, since it is the visa # that needs to be OKayed just about the time of approval, one cannot approve 485 if the date is not current.
Thanks for your clarifications and counter-posers. I do appreciate the same.
poongunranar:
The current fact is, you get an A# when you file your I-140, not when it is approved. So, if what you said was right (i.e. A# allocation equals to visa # allocation), then you would have received a visa number on the day when your I-140 was filed with USCIS, which in many cases is several years ahead of the actual I-485 filing. There is no way that this is true, am I right?
About your counter-question, I guess the government simply doesn't want people to receive the benefits of I-485 filing, i.e. EAD and AP. You have to wait until your PD becomes current to enjoy these benefits. Also, this policy allows them to dramatically reduce their workloads (EAD & AP every year for 485's that may have to wait in Q for xx years).
Does this make sense?
The current fact is, you get an A# when you file your I-140, not when it is approved. So, if what you said was right (i.e. A# allocation equals to visa # allocation), then you would have received a visa number on the day when your I-140 was filed with USCIS, which in many cases is several years ahead of the actual I-485 filing. There is no way that this is true, am I right?
About your counter-question, I guess the government simply doesn't want people to receive the benefits of I-485 filing, i.e. EAD and AP. You have to wait until your PD becomes current to enjoy these benefits. Also, this policy allows them to dramatically reduce their workloads (EAD & AP every year for 485's that may have to wait in Q for xx years).
Does this make sense?
Here is what happens.
1. I140 Has nothing to do with a Visa Number . It is Just a petition by an employer of family member for sponsorship
2. All Visa Number are linked to I485.
3. Visa number should be available when you apply. If not available (it is retregresed) you cant apply for I485
4. If Visa number is available when you apply , USICS accepts your application and starts processing it
5. Just before the Final Approval has to be given , the last step is to again check is visa number is available , if yes then approval is given , If no then it is put under pending case . This pending case if reviwed after every DOS Visa Bulletin. The moment the visa number is available the case if approved
Note : Visa Number is not an actual number , which appears anywhere on any documents you have , IT is more like a token number you get at BMV.
Example : You have a drivers lic number, You go to BMV , you ask for Token , If no token is available you have to wait, If token is availble then they process your case when your number comes. Your drivers lic numbers atys the same ..which is simillar to your A#.
Hope this helps. Iam not a lawyer , but I feel this what my experince tells me.
Regards
1. I140 Has nothing to do with a Visa Number . It is Just a petition by an employer of family member for sponsorship
2. All Visa Number are linked to I485.
3. Visa number should be available when you apply. If not available (it is retregresed) you cant apply for I485
4. If Visa number is available when you apply , USICS accepts your application and starts processing it
5. Just before the Final Approval has to be given , the last step is to again check is visa number is available , if yes then approval is given , If no then it is put under pending case . This pending case if reviwed after every DOS Visa Bulletin. The moment the visa number is available the case if approved
Note : Visa Number is not an actual number , which appears anywhere on any documents you have , IT is more like a token number you get at BMV.
Example : You have a drivers lic number, You go to BMV , you ask for Token , If no token is available you have to wait, If token is availble then they process your case when your number comes. Your drivers lic numbers atys the same ..which is simillar to your A#.
Hope this helps. Iam not a lawyer , but I feel this what my experince tells me.
Regards
BTW USICS has nothing to do with retrogression. If you notice the sevice center processing dates are of 2005 (for I485) . That means they are pocessing case received in 2005. They can get the cases to an approvable stage but cannot approve because visa numbers are not available from DOS. DOS does not have visa numbers because the Quota is over. If the Quota is increased USICS will approve the approvable (But not approved ) cases as stated in my previous post.
Iam not suggeting USICS is not reponsible for this mess. They have their own backlog also , they have their own mistakes and because of this they are a party to all the frustration which has built up.
) cases as stated in my previous post.Iam not suggeting USICS is not reponsible for this mess. They have their own backlog also , they have their own mistakes and because of this they are a party to all the frustration which has built up.
poongunranar said:
The A# is NOT YOUR VISA number. The A# is your alien registration number period. It's assigned to you as an ID number and it's nothing more. You do not get a visa number until they are ready to adjudicate the I-485. The I-140 can be approved even though the visa numbers are retrogressed. If you have read anything on retrogression you know that people can file an I-140 even if the numbers are retrogressed. They can file it even if they can't file the I-485. The only way you can file a I-485 is if there are visa numbers available. If they got a visa number at I-140 approval time then retrogression would not matter. You do NOT get a Green Card at I-140 approval. You only get it when your I-485 petition to adjust status is approved. Hence when they finally give you a visa number.