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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 09-20-2007, 05:04 PM
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May-06
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EB3
I140 Mailed Date
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shimul99 is on a distinguished road
Default I-485 Issue

I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002. What is the way it suppose to be?

My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.

someone please clarify the matter please.......thanks ahead
__________________

Labor approved May 06
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007)
I-485 Applied Jun 29,2007...Received Receipt on July 31, 2007
Status - Pending

Last edited by shimul99; 09-20-2007 at 05:09 PM.
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  #2 (permalink)  
Old 09-20-2007, 05:07 PM
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Priority Date
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Sep-06
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I140 Mailed Date
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10/30/2006
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Nigeria
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06/30/2007
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WELCOME TO RETROGRESSION!!!!

Quote:
Originally Posted by shimul99 View Post
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.

My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.

someone please clarify the matter please.......thanks ahead
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  #3 (permalink)  
Old 09-20-2007, 05:07 PM
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Priority Date
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Jul-06
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EB2
I140 Mailed Date
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India
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I-485
I485 Mailed Date
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Quote:
Originally Posted by shimul99 View Post
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.

My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.

someone please clarify the matter please.......thanks ahead
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
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  #4 (permalink)  
Old 09-20-2007, 05:15 PM
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Default wow

is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again

Quote:
Originally Posted by gc_chahiye View Post
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
__________________

Labor approved May 06
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007)
I-485 Applied Jun 29,2007...Received Receipt on July 31, 2007
Status - Pending
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  #5 (permalink)  
Old 09-20-2007, 05:21 PM
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I140 Mailed Date
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03/01/2007
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N/A
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07/26/2007
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Thumbs up Let me put this way.

Quote:
Originally Posted by shimul99 View Post
is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again
Do you know who will be next president of USA?
In this case, atleast we know there will be a president of USA, but in case of USCIS no body knows whats going to happen.

about the dates being current, u need to keep on following the visa bulletin every month. If your date is not current then keep on renewing your EAD/AP. Also be ready to do FP almost every other year.

If you feel frustuated join us in the fight.
But if you feel that u have filed 485 and u r all set, then GOD HELP YOU.

Please dont take my post in the wrong way, i am just trying to enlighten you to the world of uncertaintites in which you have entered after filing your 485.
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  #6 (permalink)  
Old 09-20-2007, 06:38 PM
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Default In future I think they will accept 485 after 140 is approved.

The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

I dont understand the reason of why they want to accept when current only ?

If they do not accept 485, we do H1 renewal, if they do accept 485, we do EAD renewal. But EAD renewal is easier and involves only employee and gives enough freedom. H1 does not.

So All H1 holders till July 2007 , will no longer renew H1's ?
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  #7 (permalink)  
Old 09-20-2007, 06:55 PM
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Quote:
Originally Posted by mambarg View Post
The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

I dont understand the reason of why they want to accept when current only ?
because the law says so:

From the Immigration and Nationality Act's Section 245(a):

(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.



This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.
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