I-485 filing requirement based on new(?) January rule

[Divy]

Hi,

To give a little bit of background, I am on 11th year of my H1B. My current employer filed my Green Card in EB2 category and my priority date is Feb 2008 (through porting from a previous EB3 green card application). My I-140 was approved about 2 years back. I have been current on and off but since Oct 2016 I am current continuously. My employer keeps giving different excuses for not filing my I-485 application.

Just now I heard from a legal person in some big enough company that there is a new rule that was published in January 2017 that if your priority date is current you need to file your I-485 application within one year of your I-140 being approved. Otherwise, your H1B extension will not get approved if you are post 6 year period.

I tried searching for any rule like that but could not find anything. Does anyone know if it is in-fact true or not? And if true, does anyone know when the one year period would start? If true, can someone send me a link to where I can get this information?

[H42H1BHelp]

Hi, You can file your own i-485, all you need is a letter from you employer acknowledging your employment.

I would suggest you to contact an experienced immigration attorney to file i-485 ASAP.