pending RFE for I-485

suzanne4, RN · Nov 15, 2007

Several that I know of are in the same boat as you, but they are not willing to post about what they are going thru right now.

klima · Nov 17, 2007

I talked to other lawyers and NSC call center, and after this the picture comes together:

It actually does not matter when you file (in general), it is important when they open and work on your I-485 at the last stage (process of making a decision). And, if a visa available at this final stage, you will get it; if there are no visas- has to wait. They do not preassign visa as soon as you file. Therefore, like in my case, which was not open before/in July when it was "current", there is no visa available at this point. B/c of NSC been so slow, I guess, those people who filed before Retrogression but their cases were not processed before August 2007, have to wait. And I do not think it is matter of RFE, it is matter when they adjudicate your case.

That's what they told me. Is it right?

In my case, they said they are sending my case to immigrationofficer to make a decision and they will let me know. I was trying to get from them how they can "let me know" if there is no visa number assigned to my case and there are no visas available at this poit.Will they write me "we approved you case but you have to wait unitl visas are current?" Sounds absurd.

They said also that I can request from them written response to my inquiry on my case.

I guess I will wait until :) officer make a decisison.

lawrence01 · Nov 17, 2007

I talked to other lawyers and NSC call center, and after this the picture comes together:
It actually does not matter when you file (in general), it is important when they open and work on your I-485 at the last stage (process of making a decision). And, if a visa available at this final stage, you will get it; if there are no visas- has to wait. They do not preassign visa as soon as you file. Therefore, like in my case, which was not open before/in July when it was "current", there is no visa available at this point. B/c of NSC been so slow, I guess, those people who filed before Retrogression but their cases were not processed before August 2007, have to wait. And I do not think it is matter of RFE, it is matter when they adjudicate your case.
That's what they told me. Is it right?
In my case, they said they are sending my case to immigrationofficer to make a decision and they will let me know. I was trying to get from them how they can "let me know" if there is no visa number assigned to my case and there are no visas available at this poit.Will they write me "we approved you case but you have to wait unitl visas are current?" Sounds absurd.
They said also that I can request from them written response to my inquiry on my case.
I guess I will wait until :) officer make a decisison.

That settles it then. No one were pre-assigned or reserved visas.

When they finally adjudicate your case, you will have to wait for visas to be available again. You won't be getting one even if all your files are approved since it has been adjudicated only when visas were used up. We were kind of suspecting this already since this is what they do on those under consular processing.

You will have to renew your EAD every year to continue to work until the time visa numbers are available again.

Glad you are taking this gracefully.

lawrence01 · Nov 17, 2007

And thanks for sharing this as well. This info. will benefit everyone who are in the same boat as you are.

There is still a silver lining though and that is you are still better off than most because you do have an EAD that can be renewed annually up until visa numbers will be available again.

klima · Nov 17, 2007

Yes, I already applied to renew my EAD for next yesr, which is 340 $ now. I am sad b/c it will take so long and Ihave a child at home. I am looking to get MSN in education and change to EB2. Do you think that there is a chence for EB2 to retrogress? I assume if I get into EB2 , at least I can save myself 2-3 years of waiting? there is an accelearted MSN in ed. : 1-year program, so by 2009 I will have MSN degree. Do u think it is worth a risk?

klima · Nov 18, 2007

Yes , I will need to find somebody to sponsor (file I-140). There is a shortage of nursing teachers as well as RNs. ANd it is a primary problem: we ( them) do not have enough nursing faculty to teach.

I think with MSN it will not be a problem to find a school to petition for me. They even hire now people with BSN to teach (in some Juco's).

EB 2 is current :)