I 485 Visa number Unavailable (cross chargeability)


Boston17

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Hi All

I am an EB2 applicant from India. My PD is Dec 2014 and i 485 was applied on Nov 2015. My case was cross charged to my wife's country of birth ROW. Our EAD and AP has been approved long back.

EB2 ROW is current in the Oct 2016 Visa bulletin. I raised a service request on Oct 2 and got a reply yesterday from USCIS saying

"Your Form I485 is currently pending.  There are currently no visas available to process your Form I485 to completion.  Your priority date is later than the cut-off listed on the visa bulletin for your preference.  Visa numbers are only available for applicants whose priority date is earlier than the cut-off date.  As such, your Form I485 application will not be processed until a visa becomes available.  You can call the Department of State automated visa information line at (202) 485-7699 or refer to www.usvisas.state.gov to receive current visa bulletin information."

What does the above statement mean?

Please share your views.

Thx..

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Assuming your wife is not from China (which, along with India is not current), it looks like they did not cross charge you correctly and are counting you against India or China since all other countries are current.

Contact your lawyer ASAP and don't hesitate to throw extra money at this if required. 
Also request an Infopass appointment, get your paperwork together with evidence of cross chargeability and get the mistake corrected ASAP.

 

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