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A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?

In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).

If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.

Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.

As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.







More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)

If you find a document let us know. that would be really interesting...

this is the first time I have heard such a situation. as far as I know..uscis had to do either of the two things..return the package or send reciept notice. I dont think they are allowed to keep the application fees if they dont intend to process the petition.

Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.

Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.

had a positive years ago
never had to have one again
CXR was -ve
at some point my employer recommended taking INH (medicine) prophylaxis
friends advised me that immigration issues will ease up
so i took it
hopefully i'm all done.

Keep monitoring the visa bulletin and when your date (Dec-2006) becomes current you can apply for your wife's 1485 (means u can add her to your application).


If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.






Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.

My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.

August filers got EADs, just wondering if anybody got APs

I am in Austin, I got my FP done on 10/11 in San Antonio. It was a pleasant experience if you go early. My applicatoin was reached NSC on 2nd July. Got EAD, but no AP yet.

Hi All,

I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.

I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.

My I140 was sent to LIN too and approved promptly!

for changing status from h1 to h4 u must file Change of status form on I539 - This can be downloaded from uscis.gov
You wld get into h4 status once u receive the new i94 from uscis showing h4 start and end dates.
If you travel , you must obtain a h4 visa stamp before re-entry to get back into h4 status

Hi All ,

I am currently on L1B visa valid till Mar 09.

I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).

Will my return on the old petition cancel my L1 renewal petetion ?

I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.

Any views would be greatly appreciated.

Thanks

nice new footer kirupa, looks great

ahh so with the stereographs you have to position them differently? not just have the same picture side by side?

I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.

I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.

Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.

1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.

2. No you can not apply for new I-140 with new employer when the labor belongs to different employer

Friends,

I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.

I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).

Any other potential pitfalls in this particular scenario?

Any pointers would be useful.

Thanks in advance.
MC

Will I be able to switch to company C, even if company B revokes my 3 year-H1B extension ?

Thanks

Yes, provided you apply for the tarsnfer while you are still maintaining H1b status. Your basis of 3 year extension is the I140 approval and PD not being current. It isn't that company B got a 3 year extension.