My I140 is approved last week. Can I file 485?

[sandy83]

Hello all,

My I 140 was applied in Feb 2011 and approved last week with the priority date in Feb 2011 in EB3 category. Now should I wait for the immigrant Visa number or for my priority date to become current to apply for I485? Or can I go ahead and apply for 485 and EAD. I understand it will not be approved until I receive my immigrant visa number. But since there are many who have applied them concurrently, I have this doubt.

Thanks in advance.

[seshuragam]

It depends on the charge-ability if you are form the countries with a backlog then you have to see the current dates and have to wait for your priority date to be current.

In any case EB3 for rest of the non-backlog countries also is 08DEC05 hence you have to wait till this date becomes 02FEB11.

travel state web site shows the visa bulletin

[Attorney_14]

Unless you have some other basis of eligibility to file an Greencard application, you must wait for your EB3 priority date to become current before you can file your I-485 application and any concurrent EAD or AP filings.

If you have specific questions in regard to your case, I recommend that you contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

[sandy83]

I am from India. So should I have to wait for another 9 years to apply my 485?? I heard couple of years before all applications for all preferences were made current to clear all the back log.What is that about? Is it likely to happen again?

[Belle]

I am from India. So should I have to wait for another 9 years to apply my 485?? I heard couple of years before all applications for all preferences were made current to clear all the back log.What is that about? Is it likely to happen again?

The interpretation you have heard is incorrect. It was done to make sure all of the 140K annual quota is allocated by the end of the year. Categories being current was just a side effect. Since this administration seems to be a lot better at simple arithmetics, it is not likely to happen again.