Yes, your lawyer is absolutely right. See the following

for your further information.

It appears that the initiative of the USCIS to preadjudicate the I-485 applications during the period of retrogression includes "pending" cases (cases on file) only. Nowhere it stated that the USCIS would accept the I-485 applications during the period of retrogression when visa numbers are not available. For the latter type of action, the USCIS does not have authority to initiate it at the agency-level and needs a legislative authorization. People will remember that this was part of S.1932 which failed to pass the House and Conference Committee at the end of 2005

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• Many thanks to Mytwocents! :) -14725836- ♂ (0 bytes) () 04/11/2006 postreply 15:31:28