When to file I-485 after I140 approval

[sathish2009]

I have two months before the expiry of my 6th year. my PERM is certified and I140 has been approved. I asked my employer to file I485, but he says I need to wait for the availability of visa. Looking at the visa bulletin for EB2 the PD is nov2004, Should I wait until my PD gets current to apply I-485(EAD) ?

[pontevecchio]

Should you wait? No. You have to wait. You can only file AOS in the month after your dates are current. Moreover you can do so without employer input if you choose.

[Belle]

Yes.

[jairichi]

I have two months before the expiry of my 6th year. my PERM is certified and I140 has been approved. I asked my employer to file I485, but he says I need to wait for the availability of visa. Looking at the visa bulletin for EB2 the PD is nov2004, Should I wait until my PD gets current to apply I-485(EAD) ?

Yes, only when your priority date becomes current I-485 can be filed. Till then with an approved I-140 you can get 3 years H1B extensions.