PD current & did interfiling . Can I get GC?

[Ramya_K]

HI Gurus, 

 

 

My PD is current & did interfiling 

Can I get GC from  Oct 2013 visa bulletin.

 

Here are my details

 

1 ) Did concurrent filing in July ,  2007 in EB3 from Company A.

2)  Applied labor & I-140 from Company B with EB2 using my A#

3) Got labor & 1-140 approvals ( EB2 ) of Company B with my old PD

 

 

4) Attorney told that no need to do interfiling EB3 to Eb2 ( it is Automatic )

5)Submitted SR to know why my I-1485 is not approved yet ( Because PD is July , 2007)

6)Got reply from USCIS that says my I-1485 is in EB3 category not in EB2.

7) I told to my Attorney then NOW, he submitted  interfiling with old & new I-140 approvals & I-1485  copies.

 

 

Here is my Question ,

1) Can I get GC  even we did late interfiling ?

OR

Did USCIS allocate visa to I-1485 applications before they announce Oct 2013 bulletin? 

 

 

Thank you,

Ramya,

 

[Belle]

Yes, you can. If your date retrogresses in October, and your petition is not approved by then, then you will have to wait until the PD is current again.