Importance of early filing for I-485


Sam.D

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Dear Experts,

My PD just became current in the march bulletin and according to my understanding I can apply for I-485/EAD/AP anytime between March 01, 2012 through March 31, 2012 irrespective of what happens in the April visa bulletin (I hope it continues to move forward). My question is if there is any inherent advantage to apply early for the AOS (say if I apply for March 01 against March 15)?

Thanks.

Sam

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This is a complex question. Overall even if you get early, frankly you are talking about 15 days ! when you have waited for years what is 15 days waiting ! I think this is an overkill, people have no other work in life other than getting a green card. Think what after green card ? will you be a millionare ? Will you have a better family ? will you become a CEO ? No .. nothing changes .. you havent won a lottery .. so go back live your life .

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JoeF, if that's the case, then someone with PD Apr2010 who applied on March 1st 2012 can get GC before someone with PD Sep2008 who applied on March 15th 2012 !!!

Basically, yes. The PD being current is the deciding factor for incoming cases, not how far back the PD is. And it depends on the complexity of a particular case, that's why I said "roughly". Some cases may take longer to process than others.

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Right. The cases are not resorted in PD order. They are reviewed based upon date of filing. Of course, there are variations due to how cases are assigned to officers, complexities in different cases, and a variety of random factors. So, it is far from an exact science. But, certainly, if the dates on 2 I-485 cases are both current, and the one with the earlier PD was filed AFTER the one with the more recent PD, the earlier filed I-485 (with the more recent PD) could very well get approved first.

The best thing for most people is to file as early as possible, but don't make yourselves crazy. It is far better to make sure everything in the filing is complete, and accurate so that it can (hopefully) sail through to approval rather than getting an RFE or otherwise being delayed.

Everyone is afraid that the PDs will go backwards before their cases are approved. While this could potentially happen, things have improved greatly in the system after the whole 2007 fiasco. For now, the dates are moving forward at least through March. We are seeing daily case approvals from both Texas and Nebraska. Fingerprints and EADs/APs are coming through far more quickly than in the past, also.

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Thanks for the reply, Attorny_6. In general if USCIS cannot handle so many cases why do they do such bursts of increase, instead of a steady increase, whats the fun in having it retrogressed ? I have been waiting for FP for more than 20 days from NSC no response, which means they are possibly overwhelmed by the number of applications.

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hollykick , please dont make generalizations. There are many people whose lives will complete change after receiving a GC, yes that includes becoming a CEO. Its always better to apply ASAP, if all the papers are in order.

Really? Show me one who got to be a CEO within 6 months of getting his/her green card. As a side note, there is something really unholly immigrantion-wise in the concept of change in life after getting an EB green card. Like in "smells like fraud" unholly. You are getting the green card to work in your job permanently, after all.

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Really? Show me one who got to be a CEO within 6 months of getting his/her green card. As a side note, there is something really unholly immigrantion-wise in the concept of change in life after getting an EB green card. Like in "smells like fraud" unholly. You are getting the green card to work in your job permanently, after all.

Calm down Belle. Wouldn't someone who wants to move from a technical to non-technical fields (or vice-versa) be able to explore their options a lil easier with a green card in their pocket?

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Calm down Belle. Wouldn't someone who wants to move from a technical to non-technical fields (or vice-versa) be able to explore their options a lil easier with a green card in their pocket?

With an employment-based GC, the person would have to work in the sponsored job for a while, 6-12 months. That means that somebody on a technical career couldn't just become CEO immediately. And a person doesn't just get appointed CEO without management experience. So, even if such a person would change careers soon after getting the GC, it would take several years before the person would be C-level material.

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Calm down Belle. Wouldn't someone who wants to move from a technical to non-technical fields (or vice-versa) be able to explore their options a lil easier with a green card in their pocket?

That's exactly what I called "smells like fraud". If you want to work in a non-technical role, move over, and file your green card petition in that role.

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  • 1 month later...

Thanks everyone for their input.

Now that we know that the EB2 is retrogressing all the way to Aug 2007, I have another question related to my previous note. My PD is in Jan 2010 and now I have to wait till the PD becomes current before the USCIS will approve my I-485. I think in the mean time they will still issue the EAD and AP. The question I have is what happens if for example the PD moves forward to say 2008 or 2009 and people from EB3 category with earlier PD’s (say 2004..etc) port to EB2 and apply for I-485. In this scenario, then my original RD & ND does not hold any importance because the dates would be current for EB3 folks who have just ported their applications and they can get an approval in the meantime. Please let me know if my understanding is correct (if it is correct then the EB2 forward movement in the future will largely depend on the number applications being ported from EB3 to EB2 category with pre-2007 PD's)

Thanks.

Sam

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In principle, that's correct.

But, there hasn't been all that much porting going on, and probably won't be in the future, either.

By and large, EB3 people seem to be afraid to port to Eb2, and rather wait for something like HR3012, which at this point is a zombie.

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