Title 8, Code of Federal Regulations,in part 245.2(a)(2)(i)states:
Before an applicaton for adjustment of status under section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition,the application will not be considered properly filed unless such petition has first been approved. If an employment based petition filed for classification under applicaton, the adjustment application shall be retained for processing only if approval of the visa petition would make a vis immediately available at the time of filing the adjustment application shall be deemed to be the date on which the accompanying petition was filed.