tonyghiggins

The date is for your PD, I have a PD (When Labor cert was filed) of Feb 2003, and I am EB3, therefore, I cannot get my AoS processed due to the fact that they have ran out of aos numbers (there is a cap like H1B). I filed my AoS on 8/3, it doesnt matter if I had filed 1/1 they have backlog and there is a cut off, they have estimated when they get through the backlog that they will run out of numbers(cap) when they reach the cut off date, therefore it doesnt matter if you file years ago, your are out of luck.
The cap is something like 226k a year.

You can still file I140, in fact you have to within 180days of labor being approved.

jumping doris

When did your lawyers file your labour cert? That's your date but if you filed your 485 when all dates were current you will be fine.

tonyghiggins

I hope I am wrong, but I believe you are incorrect, else 10s of thousands that have been scrambling to file before the August 17th deadline would be ok.

I do not think it works like that.

jumping doris

I may be because it is all as clear as mud.
If your I-140 was already approved and in July you category became current , didn't that let you move forward and file your 485?

Our labour cert was only approved in June, it was filed in January. we have now filed our I-140 and 485 concurrently but they won't process the 485 until the 140 is approved and then only if our PD is current.
Does that sound right?

ladyofthelake

I think all the people who have been scrambling to file I-485's will remain AOS pending until their PD becomes available again or the whole category becomes current and visas are available.

tonyghiggins

Its hazy for me too, I just expect the worse. Having a receipt for the aos in my mind means nothing.

ladyofthelake

It means a lot to the H4 spouses who can then get an EAD.

Adnams

Curiouser and curiouser said Alice.
JD will PM you after we've spoken to the lawyers in the am. Its my birthday today and thats just about the worse news I could ever get!

ali_j

here's my understanding (I am not a lawyer, but I've followed these things, as we all do)

If you have an approved I-140 labour-cert case, and on the basis of this you filed for I-485 during the "CURRENT" phase in the visa bulletin (July/Aug of this year), I don't see why your application would be denied/pending because of these later changes to the visa bulletin. They are NOT retroactive.

UNLESS...

Unless there is a quota. That's the bugger. If there's a quota, then it's First Filed, First Served EVEN IF your application was valid.

I've Googled this but can't get a definitive answer on whether there's a quota and what it is? Does anyone know for sure?
Any I-485s NOT processed before the quota ran out will be back in the pool for the next lot.

If the next lot has a non-current priority date, then I think those applications wait until PD is current again.

That's all I can work out from this, anyway.

tonyghiggins

There is I believe a quota, though it wil not be first in first out, it will be by priority date, therefore if two people filed in your scenario, they will ok go forward with processing if their PDs stay current.

Again I could be wrong.

Adnams

This is a direct paste from what are lawyers are saying regarding EB3's. So all those that are waiting for EADs will still be able to get them as long your AOS filing is accepted! So its not ALL bad news.

The fact that the visa numbers have retrogressed just means that they will not be able to make a final approval on your adjustment applications until a visa number is current for your priority date. However, as long as your application is accepted and you are in the pipeline, you may continue to obtain employment authorization until your application is finally adjudicated. In other words, your application will not be denied because the numbers have retrogressed. You will just have to wait for your numbers to become current and you are entitled to employment authorization until the case is finally adjudicated.
.

dave2702

That's what my lawyer has been saying, if you got your application in before the 17th?? your AOS will be accepted it just won;t be processed until your PD becomes valid.

However having been accepted means that you won't have to redo medical exams and will get your EAD and Advanced Parole documents.

Does that mean in 6 months time we'll be able to work for other employers? as my current one is looking decidedly shakey and may not be around in 2010 (when I estimate my EB3 reaching its PD)

Adnams

Yes as far as I understand it as soon as you have your EAD you can fly the nest so to speak. Think youre meant to stay with them for 6 months and also in the same state from when you get the EAD but whenever our lawyers say that they always preface it with "technically..."

TCM

AOS applications are processed in FIFO order, assuming Priority Dates are current (this is according to USCIS rules, but they are "fuzzy" rules!). If PD retrogresses AFTER you've applied for AOS, your application continues and can hang at the last stage of final approval, where it will wait for visa number availability (and can wait for years). This is why in May/June this year, when the PDs jumped suddenly there was a considerably larger EB GC approval rate, as a lot of applications were waiting for a visa number

PD retrogression after AOS application has no affect on EAD / AP applications - they will be processed normally.

I'm not sure I know what you mean about the quota part, there are 2 different types of quotas. 1 is the roughly 140,000 EB visas allowed to be issued per FY (technically split per quarter), and the other is the 7% country limit quota, which the UK isn't normally affected by (that's the main problem with the severely retrogressed nationalities, India/China/Philippines/Mexico)

TCM

Correct to the Aug 17th application date.

Medicals have a 1 year validity, I believe, and Finger Prints / biometrics have 15 months validity - so you may need to re-do those, I guess that depends on how long the wait is!

As far as I know (and I could be wrong in my understanding of this!), in 6 months, you can invoke AC21 under the AOS rules and change jobs (but there are some restrictions!). Having an EAD now means you can have "other" jobs