VISA numbers for cases with PD before AUG 15, 2007


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My PD is July 06 2007 (EB2, INDIA) and already got EAD and AP (Dec 07, 2011). I got an RFE on Feb 11, 2012 and responded last week. USCIS received RFE documents on March 26 2012. I-485 status is “RFE response Review”. I know am in the circle even if the dates retrogress to August 15, 2007. But how do I know if they got VISA number available for my case?

All this confusion is just after reading that there are no more VISA numbers available. So if the CUT-OFF dates move to August 15, 2007, do they save VISA numbers for cases pending to cover these dates? JoeF and Belle and others please clarify.

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This is a good question. There should be visa numbers for cases prior to the cut off. I have made inquiry with the DOS about this very issue, as there are EB2 "upgrade" cases with PDs that are in 2005, 2006 etc.

The answer I received on this point was not entirely straightforward, but it seemed to indicate that there would still be a few numbers available for the older cases.

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What worries me is that when dos moves dates so much, there may not be numbers left. Is thee a system of quarterly quotas?

So, come the last qtr, numbers will be available?

Really speaking there should not have been so much 485 approvals in first 3 quarters at all as ONLY 280 visas are available each month. In the last quarter the spill over from ROW happens and that's where significant approvals flow in. It seems like this year USCIS pre-calculated spill overs and used that up front so as nothing goes wasted which is why dates may not move or will move little bit in the last quarter starting from June.

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