needGCcool
03-12 09:51 AM
I do care for the dates..but I am more disappointed with the language you use....This is a public forum...Learn some manners is all my point was to you.
Aadarniyah Mittar,
Aapki date current nahi hooyi toh mera kya kasoor...Lagta hai aapko bhi October tak inteyaar karna padega.
Aadarniyah Mittar,
Aapki date current nahi hooyi toh mera kya kasoor...Lagta hai aapko bhi October tak inteyaar karna padega.
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cn0568
07-23 12:09 PM
Thanks for your replies.
Following are the clarifications.
1. Currently I have only the L1-A Visa stamped on my passport. Also I have the I-94 which is of L1-A Visa (I entered USA on L1-A Visa).
2. I have received the receipt issued by the USCIS for the H1B and it is valid from Oct-07.
Hope this helps.
Please let me know if you require any additional information.
Following are the clarifications.
1. Currently I have only the L1-A Visa stamped on my passport. Also I have the I-94 which is of L1-A Visa (I entered USA on L1-A Visa).
2. I have received the receipt issued by the USCIS for the H1B and it is valid from Oct-07.
Hope this helps.
Please let me know if you require any additional information.
pitha
01-28 09:39 AM
The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don�t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.
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justAnotherFile
07-12 07:53 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
quoting from july visa bulletin as someone had pasted before
"Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"
the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.
it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.
quoting from july visa bulletin as someone had pasted before
"Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"
the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.
it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.
more...
uma001
03-21 03:30 PM
****Plus $12K and then what? You will leave the firm in 6 months.****
Working for them till I get green card itself a big thing.You know getting green card takes a decade. How can you leave in 6 months just after filing.
BTW,Are you the owner of one of these companies?
Companies,
Don't show green card fruits before hiring an employee...Just be frank. Say it if you dont do green card before hiring , not after joining.
Working for them till I get green card itself a big thing.You know getting green card takes a decade. How can you leave in 6 months just after filing.
BTW,Are you the owner of one of these companies?
Companies,
Don't show green card fruits before hiring an employee...Just be frank. Say it if you dont do green card before hiring , not after joining.
sapota
08-15 05:21 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
more...
GCKaMaara
10-15 01:02 PM
OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!
I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?
I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?
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BECsufferer
02-13 06:52 PM
FYI .. This post is what I received in e-mail few days back.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
Dude;
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
Dude;
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
more...
abd
09-17 11:20 AM
Anyone received RFE letter? I've not received it yet.
In my case only attorney received in 5 days of RFE. I never got copy.
In my case only attorney received in 5 days of RFE. I never got copy.
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sc09876
07-29 01:46 PM
@uma001
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
more...
indianindian2006
07-14 06:53 PM
How can you say dates will become current when I send the response.
As you said in your post earlier that your PD is Jan 2006 EB2 India which will be current in Aug-01 as per the latest VB.
As you said in your post earlier that your PD is Jan 2006 EB2 India which will be current in Aug-01 as per the latest VB.
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kumarc123
04-09 03:37 PM
Visa Bulletin for May 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)
Hey Pappu,
What do you conclude of this? Their has to be some rational reason behind them not moving EB2I, it is hard to grasp that they are still working on 2004-2005 PD's. Is their something we can do bring them in more transparency.
I believe earlier they screwed up and now they are on apposite extreme end, scrutinizing every element.
Hey Pappu,
What do you conclude of this? Their has to be some rational reason behind them not moving EB2I, it is hard to grasp that they are still working on 2004-2005 PD's. Is their something we can do bring them in more transparency.
I believe earlier they screwed up and now they are on apposite extreme end, scrutinizing every element.
more...
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pcjandyala
09-26 11:01 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a
protest of
the long delays in securing green cards for highly-skilled workers
already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a
protest of
the long delays in securing green cards for highly-skilled workers
already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
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crazyghoda
01-30 12:19 PM
No. I am on very good terms with my original lawyer from my GC sponsoring firm. I'd rather he continue to represent me as I trust him more.
Going back is not an option right now as they recently laid off a ton of people too. They wont take me back unless they can staff me on a project right away. No one pays bench salaries these days.
Going back is not an option right now as they recently laid off a ton of people too. They wont take me back unless they can staff me on a project right away. No one pays bench salaries these days.
more...
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User00
06-22 12:54 PM
And wait for RFE.
USCIS is asking for COLOR copies of DL and passport.
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
PLease advise.
Thanks
USCIS is asking for COLOR copies of DL and passport.
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
PLease advise.
Thanks
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getgreensoon1
05-23 04:39 PM
what the f**k ?
Who taught you this definition idiot?
Why we dont like gultis ? - eCharcha.Com (http://www.echarcha.com/forum/showthread.php?t=18691)
This link might help you understand the different definitions.
Who taught you this definition idiot?
Why we dont like gultis ? - eCharcha.Com (http://www.echarcha.com/forum/showthread.php?t=18691)
This link might help you understand the different definitions.
more...
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anshuman
01-09 10:15 AM
most of the desi consultants seem to be concentrated in NJ or Chicago. Are there any reliable desi consultants for H-1 in CA? What are the websites which give info in this direction?
What are the steps to be followed and things to watch out for in selecting a desi consultant?
Join Satyam computers, the one stop shop for all your body shopping needs. :D: They will do whatever it takes to get you a green card, by hook or crook.
What are the steps to be followed and things to watch out for in selecting a desi consultant?
Join Satyam computers, the one stop shop for all your body shopping needs. :D: They will do whatever it takes to get you a green card, by hook or crook.
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Ramba
07-14 06:11 PM
Guys. Stop threating the original poster. One can verywell change the employer before 180 days of 485 pending and enjoy the AC21 poring benefit. The only rule is "485 has be remain pending for 180 days" for AC21 benefit. One can change job anytime, even before 180 days. The only time it is invalid is, if a guy leavs the employer iwithin 6 months of 485 pending and 485is approved within 180 days of filing, then the GC is invalid one.
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abhijitrajan
11-13 12:41 AM
Does it make sense to file and FOIA request asking how USCIS is implementing quarterly spillover. As I understand it USCIS is not obligated to respond to a letter but they have to respond to FOIA. Any comments from people who know how FOIA works and whether it's applicable?
pappu
11-20 01:09 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.
GCanyMinute
08-02 03:17 PM
The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
