I-140/485 concurrent filing on 2007 and both denied.

[9840036965]

Hi,

I need an advice for my below case, i appreciate if some one help me.

I have filed my I-140 and 485 concurrently on 2007 in EB3 and got approved in couple of months. on dec 2008 USCIS revoked my I-140 due to some lack of previous experience and also they denied my 485 with no appeal. we have appealed for I-140 and got approval and its reinstated last week after 3 years. My question here is,

1. do i need to file my 485 again or uscis will reinstate my 485?

2. if i need to file 485, my priority date is not current. what should i do in that situation?

3. Shall i file 485 for my wife along with my 485?

4. shall i file my EAD now?

Thanks

Sam.

[Belle]

Since your PD is not current, you may not file another I-485. If your I-485 was not appealed, it is possible that there is nothing you can do now and will have to wait until the PD is current. Talk to a lawyer.

[Dattguru]

1. You are eligible to file I-485 only if your Priroity Date is CURRENT.

2. Please check your I-140 Approval Notice. It should have your priority date (PD) on it. As of today EB3 category is current for April 2002 or somewhere around that date.

3. It was one BLUE MOON in the month of July 2007 , when USCIS opened gates for all categories (EB1/ EB2/EB3) by making the dates current for all of them. You were eligible to file I-485 for this sole reason.

4. Today , you & your spouse will be eligible to file I-485/EAD/AP if and only if your PD is current.

[9840036965]

Thank you for your kind reply.