might miss filing I-485


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Can someone please advise me:

Priority date: April 7 2008

Category : EB2

Labor, I140 approved.

If my priority date becomes current in January 2012 bulletin, can I still apply mine & my wife's 485 in February assuming the date's don't retrogress ? I am planning to get married in Jan and bring my wife on H4 in Feb.

or do I have to wait for the dates to retrogress and become current once again?

Thank you.

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You can apply as long as the priority date is current for the month the visa bulletin is effective. Its difficult to predict the cut off dates months in advance.

But look at the brighter side. Your priority date is close to the expected cut-off date for December 2011 and you have happy things happening in your life.

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Thank you for the reply. I am not looking for retrogression, I am confused when I read that the Priority date has to be "current" when filing I485.

For example if USCIS release the Jan bulletin in Dec'2011 and the Priority date of March 2008 becomes current at that time, does it mean that they will process all the 485 applications prior to and up until March 2008 ? or do they process applications only from the priority date on the previous bulletin which was Nov 2007 and until March 2008 ?

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The PD is a cutoff date. That means that people who have a PD before that date can file an I-485 and USCIS can approve any I-485 with a date before the PD cutoff date. If the PD retrogresses, they would stop approving I-485s that are no longer current, i.e., applications that have a PD later than or equal to the cutoff date.

They don't process all applications at once, so there could be applications that are current for multiple months.

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The I-485 can be filed at any point where one's priority date is earlier than the Visa Bulletin cut off date. So, if the Visa Bulletin says March 8, 2008, EB2 India/China, anyone with an EB2 (India/China) PD who meets the other general I-485 filing requirements can file the I-485.

It is not like only certain groups of dates can file etc. This part of things is really fairly simple. Priority date BEORE cut off date: If Yes, ok to file.

So, in the example, if the pd becomes current in January, but the filing can not be made that month due to travel etc, then it could be made in February, March or any subsequent month, as long as the cut off date didn't retrogress to a point at or earlier than the person's pd.

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