485 Processing - who gets priority

[BujjiK]

After the end of July, say, USCIS receives 100000 I-485 applications. What rules/strategies does USCIS follow to process these applications?

Can someone please answer these questions regarding who gets priority.

Does EB3 or EB2 matters once applied?
Does Priority Date matters?
Does Receipt Date matters?

Thanks

[leifbooger]

100,000 will apply on the 1st July alone. There will be more than 1,000,000 I-485 applicants in July. Priority date will definitely matter for issuing the green cards. There are still a lot of people who applied for I-485 3 years back waiting for their green cards. So, definitely its gonna take more than 4 years to get green cards. If your name is picked for FBI name check (most south asians in the age group 25-35 are selected for FBI name check), then it will take an additional 3-4 years to get the green card.

[GCForVR]

Wife's H4 Legal staus

I need help in my wife's scenario. I have a situation with my wife's H-4 status. We are applying for I-485 in a week's time. I have been getting 1 year extension on my H1 since 2004. During the first extension process, my wife's H4 extension was not applied (Form I-539). So, she doesn't have her H4 document for 1 year in between. Starting 2005 she has all the H4 extension document. We have even been to India recently and she got her VISA revalidated too.

My question and fear is that while applying for I-485, is there going to be a problem for my wife because she could not maintain legal status in between? She never worked and always have been home, if that makes a difference. Is there some extra form that I need to fill up for her?

Any comment or suggestion is appreciated.

Thanks
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[bhajso]

I 485 filling till which date is safe::?

100,000 will apply on the 1st July alone. There will be more than 1,000,000 I-485 applicants in July. Priority date will definitely matter for issuing the green cards. There are still a lot of people who applied for I-485 3 years back waiting for their green cards. So, definitely its gonna take more than 4 years to get green cards. If your name is picked for FBI name check (most south asians in the age group 25-35 are selected for FBI name check), then it will take an additional 3-4 years to get the green card.

Hi, can the I 485 filling close a day or two after opening on 1 st july, like the H1B that happened this year. As u are saying 1,00,000 application will reach on 1 st july, & USCIS has stated that they have 1,40,000 vacant GC for this year. Does that mean they might not accept applications after say 2-3 days, if that many applications reach them.

[leifbooger]

Dont think that will happen. The main idea here is to collect the I-485, I-765, I-131 fees and push all the applications to the backlog center. So the more cash they collect, the better it is for them. They will accept appications at least till the end of July.

[leifbooger]

Hi, can the I 485 filling close a day or two after opening on 1 st july, like the H1B that happened this year. As u are saying 1,00,000 application will reach on 1 st july, & USCIS has stated that they have 1,40,000 vacant GC for this year. Does that mean they might not accept applications after say 2-3 days, if that many applications reach them.

Clarification - Each country gets only 7% of 140,000 quota e.g. 9,800 green cards for India every year. So, if 100,000 Indians apply for the I-485, then it would take 10 years for all of them to get green cards.