Delay I 485 Filing after PD is current

[davidk]

Hello Everyone,

I have few questions regarding i 485 application.

Let's say your priority date is current then your are suppose to file your i 485, so is there any time limit saying that you are suppose to file i 485 within 1 or 2 or 3... months from the day the Bulletin is released.

I want to know how many months/ years can we delay before filing i 485 as long as you stay with same employer after the visa bulletin issue is released saying your PD is current.

Thanks

[Belle]

There is no time limit whatsoever. I-140 remains valid as long as you have the job offered to you.

[rs_1973]

Remember that no matter when you file your I-485, the PD should be current.

PDs can move forward or backwards (retrogress) at any time. So, if you decide to delay filing your I-485 (which you can), then, when you decide to file in the future your PD should be current.

[davidk]

Thanks for your replies.

One more question is there any expiry date for your labor or I 140

Thanks

[pontevecchio]

@BELLE

The question is whether further H1 extensions will be granted if the PD becomes current and the OP does not want to file. The OP needs to tell us what he hopes to achieve.

[Belle]

"The question is whether further H1 extensions will be granted if the PD becomes current and the OP does not want to file."

He can get one year extetions until green card is approved (or I-140 withdrawn).

[davidk]

Quote from Murthy FAQ's

" Since AC21 law was passed in October 2000, one may be able to extend the H1B beyond the 6 years in certain circumstances. For example, if a labor certification/PERM was filed more than 365 days ago, one generally will qualify for one-year H1Bs beyond the 6 years. In addition, if the I-140 petition has been approved and the person's priority date is not current, then a person can qualify for three-year H-1Bs beyond the 6 years. "

It says

1)Labor filed 365 days ago -1 year Extension Beyond 6 years

2)Labor filed 365 days ago + I 140 been approved and the person's priority date is not current -3 Year Extension Beyond 6 Years

My Question is for this Situation

3)Labor filed 365 days ago + I 140 been approved and the person's priority date is Current - Then What Happens

As Per Belle earlier response Quote "He can get one year extetions until green card is approved (or I-140 withdrawn)"

But again i'm in doubt because I 140 has been approved and PD is current.

Any help if anyone of you have faced similar situation.

Thanks

[Belle]

"But again i'm in doubt because I 140 has been approved and PD is current."

When in doubt, ask a lawyer. Not everyone is going to use their I-140. Some people like to take their sweet time. So what?