I am sure there are many sajhaites here who have gone through this experience. My I-140 has just been approved and I would like to apply for Adjust Status I-485 as I am in the US already.

I understand, once I-140 is approved, the case goes to Dept. of State. National Visa Center to obtain an Immigrant Visa Number. As per their latest visa bulletin, Immigrant Visa Number is Current and Available for the category that my application fall under.

Can I apply for I-485 right away with a copy of current visa bulletin as an evidence that immigrant visa number is immediately available ?
or
Do I have to wait till I get some kind of confirmation from National Visa Center that an Immigrant Visa Number is available for me ???

Thanks in advance for sharing your experiences...

Hey newlynew,

If the visa number is available for your category, you are so lucky whatever category it is.

You just go ahead and file for I-485. So far your I-140 is approved, you must have applied 6-7 months ago. My biggest wonder is why you didn't file your I-485 concurrently? Damn, you almost missed your opportunity due to retrogression. Didn't you have your attorney to file your case?

Just fill in the biographic information form, medical forms and all other necessary documents.

Yes, like Harris mentioned above, you should have applied I-140 and I-485 concurrently. And if your I-140 is already approved for your category (assume EB1 or EB2), you should be able to file I-485 right a way, in fact you should do that ASAP since the rumour is that even these two categories might retrogress in the next month or two. You don't need the copy of the visa bulletin, just need the approved 1-140 notice and other supporting documents...., no need to wait for any confirmation from NVC, this org is involved only if you are adjusting the status outside the US.
Still, can't believe you didn't file'em together before.

I just go tletter from imm. folfs today and they denied to renew my green card, becasue I was aconditional pre. resident. Well, I have been doing research what to apply next!! please Help me if you guys have suggestions .

I was not able to apply concurrently because I-485 needed so many documents which I had to import from Nepal. At the same time, I was afraid that the criteria I apllied I-140 under may be canned. Thanks to all you for the info. I will be applying as soon as I get the notification letter from USCIS about the approval. So far, I have just got the email alert.. Thanks again.

Dalli Ressham,

There are tons of information on uscis.gov website on how and when to remove conditional residence status and be unconditional permanent resident. You must have missed their deadline. Just talk to a good attorney.

Hi everybody,
My spouse I-140 approve on august. She is under EB-3 category. She is from Nepal too. She also files her I-485 concurrently. She is worried about backlog process which was post on immigrant website. Anybody knows about backlog process for Nepal. I need some help on this matter.
Peace

Harris Thank you for the info. I talked to the immi. office. today and they are going to send me I-751 form. Well, I did not know before and I reapplied for the I-90. Well, you always learned from your mistakes!!! Here we go!!!!

Neo_Nepal,

As long as your wife's (you and any children) I-485 was received by USCIS on or before June 30, 2005 you are fine. If your spouse is a nurse, you have never had a problem. Since your wife's concurrently filed I-140 was approved in August, you must have a filed I-485 6-7 months before that date. You are not affected in any way. Good Luck for your case approval.

EB3 became unvailable between July 1, 2005 and September 30, 2005. Then EB3 became retrogressed from October 1, 2005. Registered Nurses are not yet affected by this retrogression.

Correstion - EB3 cases were unavailable between August 1, 2005 and September 30, 2005.

Thank you Harri,
my wife is not Nurse. she applied through unskill worker program. I think her lawyer apply concurrently on july. do you know how long it will take approval for I-485? I heard Visa Number is over for this year. she is frustrated with backlog isssue. she really need help.

Neo_nepal bro,

If it was a simple EB3 case, then you have been impacted. Currently, it shows you have to wait about four years. Don't be disappointed. INS rules change every week. Just week I saw a new rule passed by senate - 90K EB category visa being recaptured, that too, not counting the number of spouses and children of principal applicants - a great relief. Just keep looking at the Visa Bulletin. In the mean time, you can just renew your and wife's EAD every year and continue working. Try not to change employment (specially for your wife). You can visit home with an Advanced Parole if you need to go.

Here is the link to see the visa bulletin every month:
- http://www.travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Here is the list of processing times in different centers:
- https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=cs6L97El5yCh

Here is great information for you:
- http://www.murthy.com/news/n_benret.html

I recommend two websites of attorneys who live in the west coast and east coast:
- http://www.shusterman.com
- http://www.murthy.com

Of course http://www.uscis.gov itself is a great resources for all your information need.

Thank you Harris sorting out big mess. I will let her know rule of uscis change almost everyweek and I also have found 90k adding for 2006 on links you provide.

neo_nepal, wait here. Did you say your wife applied through UNSKILLED worker category? Doesn't it come under EB3 OTHER WORKERS? If it is the case, your concurrent filing should have been completed before February 28, 2005. Otherwise it wouldn't be possible for concurrent filing. This category has been retrogressed since March 1, 2005.

Hi harris,
You seemed like a man with a lot of info. I have a question for you. Previously I was going to file LC with EB3 but seeing the retrogession back to 2001, I instead opt to file in EB2 now. My advertisements were all completed except the filing was left when this stupid thing happen. Now I am starting it over again with advetisements and hopefully by the end of feb I can apply for LC. Even though all the advertisements reqt. can be completed within a month and within 2 months I can apply LC, my lawyer ruled out this because of strong possiblity of denial. So the earliest I can apply LC is feb end and wait 60 days for its approval and then only file I140 and I485 concurrently and get EAD and all those stuffs. So at this time it seems like I will be filing I140 and I485 in april end of 2006. My question to you is as there is big rumour that even for EB1 and EB2 for rest of the world countries may be retossed back like EB3 in the future, do you know or just guess whens that going to happen??any idea.....thanks in advance...

Hello Bullish,

Even the immigration attorneys for 20 years have only the best guess about this, a general person like me can't give you a good advice. But with the 90K EB cases to be recaptured, it's less likely that the retrogression in EB1 and EB2 wil occur. But it's always better to hurry up the immigration filing. They are retrogressed, but when they are current, the priority date of filing counts.

thanks Harris