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I-485, visa numbers and cutoff dates

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  • I-485, visa numbers and cutoff dates

    Question: my priority date (EB3) is May 2002. I submitted I-140 + I-485 together in January 2005. I-140 approved in November 2005. I-485 is on track (have been fingerprinted, received request for medical tests, spouse received work authorization).

    My question is: since I was able to submit the I-485 at the time - I understand that a visa number was immediately available at the time for my category (otherwise I-485 can not be submitted). Currently though, the visa number availability for EB3 is APR 2001 (because of the regression). Am I effected and will now have to wait a year or so for the visa number - or the fact that I have been in the I-485 process since January 2005 means that I have a visa number and it's only a matter of a few weeks?

    Thank you.

  • #2
    Question: my priority date (EB3) is May 2002. I submitted I-140 + I-485 together in January 2005. I-140 approved in November 2005. I-485 is on track (have been fingerprinted, received request for medical tests, spouse received work authorization).

    My question is: since I was able to submit the I-485 at the time - I understand that a visa number was immediately available at the time for my category (otherwise I-485 can not be submitted). Currently though, the visa number availability for EB3 is APR 2001 (because of the regression). Am I effected and will now have to wait a year or so for the visa number - or the fact that I have been in the I-485 process since January 2005 means that I have a visa number and it's only a matter of a few weeks?

    Thank you.

    Comment


    • #3
      Answering myself (just got an answer from Attny Siskind on the chat) for the benefit of others: Since I filed before the regression, my case is pending and while I am able to get a work permit and Advance Parole - the case will only be adjusted when the priority dates become Current.

      I do have a follow up question: given the above, if I switch employers at this point do I need to transfer my H1B over to the new employer or can I work with my work permit? And if I work with my permit - what determines my legal status in the US?

      Thanks

      Capt Shaq

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      • #4
        Work permit, providing the job is similar in nature. Your legal status will be AOS adjustee, pending the I-485 approval.

        Comment


        • #5
          BUT if you start working on a work permit you then MUST get advanced parole. You can not enter on your H visa if you are no longer working for the employer that filed the H

          sneaky bugger posting your question in two different places.

          Comment


          • #6
            Ok, about time someone touched on this: I've got the same prioity date as captshaq, but I'm under family sponsored Ist category, how come the date has been stuck on April 21st for nearly 10 months?

            Just getting very fustrated - there never seems to be in method or consistency. Sorry just spouting -
            just feel like I'm in complete limbo. If this keeps up it looks like another 18 mths before I can adjust - that would be 5 and half years just to file the 1-485.

            Anyone in the same boat or can give some englightened advice.

            Thanks

            Comment


            • #7
              April 21st 2001 is the current date.

              Thanks

              Comment


              • #8
                No one knows how USCIS set these priority dates, not even USCIS themselves.

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