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Available visa number in permanent residency petition?

In employement based applications (We are EB3) last year all the visa numbers became current and we applied for employement auth. and I485 , went to medical exam, gave fingerprints and received our EA cards. But after last july 07 the current dates went back to 2002 and we still haven't received our Perm. Residency approval or the interview date..etc.
I am checking the buletin for April 08 the date is july 05 on EB3 applications, our priority date is june 06, so does this mean ahen the cut out date in EB3 becomes our date or after we will be granted our permanent residency?

Hi Fun, fun, fun, eh!!!!!

Your date of June 06 is called your priority date. Once the date on the visa bulletin goes beyond your date (note that this will probably be July 1st 07, the date refers to all BEFORE that date) they will start processing your application for AOS (adjustment of status).

You may remember you had applied for 3 or 4 petitions at once, I-131advanced parole to travel (which you probably already have if you applied for it), your I-765 EAD (which you have now gotten), your I-140 Immigrant petition for alien worker & I-485 to adjust status to permanent resident. The first two are “actionable” before your priority date is current, the second two are not.

No action will be taken until AFTER your priority date becomes current to further your application i.e. they are not sitting on a pre-approved case ready to issue a green card once you case becomes current.

The process you are going through to adjust status is called PERM. Only two of the 4 USCIS centers process PERM applications. These two are Nebraska & Texas. The one that you were required to submit to is dependent on what status you are resident in. After your priority date becomes current they will then start to process your two remaining petitions which are your I-140 & I-485. Under PERM these can be processed concurrently although each one has different processing times. Below is the info for the dates of application that are currently being processed. For an EB3 it is considered skilled worker or professional category for I-140.

Nebraska
I-140 Jan 22nd 07
I-485 july 30th 07

TEXAS
I-140 June 23rd
I-485 April 10th 07

Both these petitions must be approved before you can be granted a green card. So say right now looking like 14 months in Nebraska & 11 in Texas. These are only guesstimates, they change this all the time. Think of it like this, right now you are looking at the visa bulletins to know what is going on, once you become current you will be looking at these “Processing dates” bulletins instead!
Here is the link:

https://egov.uscis.gov/cris/jsps/ptimes.jsp

Once you have been approved for a green card you should get it in the mail in less than 60 days.

Things you should be aware of:
*You pretty much are guaranteed that you will not have to go to an interview. It is almost always only used for people that are getting AOS based on family & not employment so one less thing to worry about.
*Now that you have the EAD there really is very little that changes when you get the green card (ok you get to be in the shorter line when returning to the US). You have the right to work with the EAD & not just for your present employer either!
*Advanced parole gives you travel rights, you did not say if you applied for this. Very important that you DO NOT leave the US with out this; it will nullify your whole application for AOS, classified as abandonment.
*If you are thinking of taking US citizenship at some stage the 5 years residency requirement clock only starts ticking after the green card is issued. i.e. all the years you have been living in the US up to this & will spend waiting on your green card will not be counted.

You will have gotten receipt numbers (a 13 charcter number starting with EAC, WAC, LIN, or SRC) for each of your petitions (or your attorney will have on your behalf).
You can check your status of each of your petitions at:

https://egov.uscis.gov/cris/caseStatusSearchDisplay.do

Good luck & let me know if you have any more questions!

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