I-485 Processing Time


mahimanch5

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Hi,

 

I wanted to know in general I-485(EB based, I-140 approved) processing time. My priority date is Dec2007, as EB2 is current now I filed myself and my spouse I-485, EAD and Travel document petitions in july last week and they all are pending for 50 days. Also finished our finger prints 3 weeks back.

 

Questions:

1. Could any one give an idea when I would get my green card if there are no issues.

 

2. What is the criteria in processing the I-485,  whether the USCIS goes with the priority date or I-485 petition filed first come first basis? Since October Visa bulletin has no changes with the priority dates moving further

3. Will I get my green card in this 2 months(untill end of November if November visa bulliten does not retrogate)?

 

Please help me understand, appreciate if some one can answer

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The USCIS doesn't resort by priority date for purposes of the regular review. They process cases as they get them--but, many factors impact the timing of the actual decision. 

 

Of course, nothing can be approved without a visa number and we are out of EB2 India visa numbers for September. While the cut off date in the October Visa Bulletin for EB2, India, is May 1, 2009, that does not mean that there are enough visa numbers for all cases with priority dates prior to May 1, 2009. There are many cases still pending which are just awaiting visa numbers---that is one reason why retrogression is expected for November. The pre-adjudicated pending cases can be issued the available visa numbers without delay in October and, then, it will be necessary to push the date back. Keep in mind that the DOS is supposed to allocate the annual supply of visa numbers over the entire fiscal year, and has restrictions on the percentages of available numbers that can be used each calendar quarter.  

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