Does This Mean I Can Not File the I-485 Application due to the Visa Number Unavailability?

Dr. William:

My employer filed the Labor Certification for me and it got approved recently. But I just know that there is no visa number available for EB-3 immigration category, does this mean I can not file the I-485 application due to the visa number unavailability?

A: When the visa number is unavailable for certain immigration category such as the situation for EB-3 and your priority date is before the cutoff date, even if you get the Labor Certification approval, you will not be able to file an I-485 application during such period. Therefore, no EAD or Advance Parole can be filed as well. 

Also, If you already submitted I-485 application before the cutoff date, the USCIS will not be able to process your application during the period of visa unavailability. USCIS will just wait for the visa number available for your case.





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