My I-140 application is pending, what are the consequences for my Green Card application process during an immigrant visa number retrogression?
When the immigration visa number is unavailable for an alien, either because of the total unavailability of the visa numbers for everyone in certain category, or when the visa number is generally available because of the cutoff date and one’s priority date is far from the cutoff date, there are consequences taking place depending on at what stage he or she is in for the Green Card process. For those who are still at the stage of Labor Certification or I-140 application, it means that even if an alien employee can get the Labor Certification or I-140 approval, the alien employee will not be able to file an I-485 application during such period, and consequently no EAD or Advance Parole will be available as well.
