I-485 filing on October 1st?

newtoforum2011

By newtoforum2011,
in AOS & CP : General

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hs2011 Member

hs2011

Posted
Posted

hello.. new member..

many people want to get the 485 application right on the first day..coz the applications are processed on FIFO rule, applications are approved based on when they are recieved and not really based on the PD.

Its a lil tricky and i may be wrong, but from what i understand here is an example..

Person A - PD is 05/20/2007 and applies for I 485 on Oct 15th 2011.

Person B - PD is 07/12/2007 and applied I 485 on Oct 1st 2011.

There is a good chance that Person B will get his approval and GC before Person A.

Hence the rush and its always better to get it in ASAP.

Hope you get it..

original message:

Hi,

Is there any strong reason on why many people who became current in October want to file right on first day, October 1st? We can file any day in October like in 2nd or 3rd week without any issues, right?

Sorry if it does not make any sense.

Thanks.

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Attorney_6 Advanced Member

Attorney_6

Posted
Posted

People are always just anxious to get their cases filed after waiting for years. Many also remember July 2007 when the DOS tried to reissue the Visa Bulletin to halt the I-485 filings. This led to controversy, and, ultimately, was not allowed.

Some people think that---like the H1 cap---visa numbers are allocated to the cases at the time of filing. (So, they want to file and grab a number before they are gone.) This is not correct. In I-485s, the numbers are given at the time of approval.

It is correct that cases are generally reviewed in FIFO order, so the person who files on the first day of the month might get an approval before the person who files on the last day of the month. However, processing is not in an absolute FIFO order, and different examiners might move more quickly, some cases experience delays or get RFEs for various reasons, while others move more quickly. There is a fair range of filing dates in the case approvals we receive in any given day---and the person who files on the 30th could well get an approval before the person who files on the 1st in any given month.

Many people are filing as dependant spouses and want to try to file their cases before the primary's case is approved. This is due to status concerns, if the dependant spouse will lose status if the primary's case is approved.

As a general matter, it is better to be careful and make sure the case is complete and proper when filed. This can avoid later delays and RFEs which will slow things down to a far greater extent.

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