Regarding EB2 category doesn't qualify for I-485

[dtahiliani]

Hi All,

 

My perm got approved and employer's attorney is starting filing I-140. Thye mentioned as you are from India and your case is filed against EB2 category you qualify for I-140 but not I-485 as visa numbers for EB2 are retrogressed . I need to keep checking visa bulletin for the same.

 

Can someone please help or elaborate this in detail what exactly means ? I searched on internet but couldn't find anything such.

 

Is that i now bonded to employer, even if i project gets completed can i continue to stay and file by EAD or i need to go back to INDIA ?

 

Thanks for suggestion. Please help

 

[pontevecchio]

Look up the "VISA BULLETIN". The current PD for EB2 India is in March,2008. Your PD will be the date on which PERM was filed and approved and an I-140 approved. Once the PD in the visa bulletin is more than your PD, you can file AOS.

[JoeF]

An I-485 can only be filed when the Priority Date is current. The PD is the date the PERM was filed.

You can check the PD in the monthly Visa Bulletin. They also explain this. Search for "Visa Bulletin."