When will I485 be filed

[djayash]

Hi,

My Employer submitted my PERM in Jan 2010 under EB3 Category. My PERM is now approved and they will be filing my I140 soon. I was trying to check when my I485 will be filed. From the information above, I guess my Priority Date would be Jan 2010. I am from India and the link below suggests that the current processing date is 2002. Does that mean I will have to wait another 8 years to file my I485?

http://www.immihelp.com/visa-bulletin/

Please help me understand this process. Appreciate all the help.

Thanks,
Deepak.

[GSW]

Hi,

My Employer submitted my PERM in Jan 2010 under EB3 Category. My PERM is now approved and they will be filing my I140 soon. I was trying to check when my I485 will be filed. From the information above, I guess my Priority Date would be Jan 2010. I am from India and the link below suggests that the current processing date is 2002. Does that mean I will have to wait another 8 years to file my I485?

http://www.immihelp.com/visa-bulletin/

Please help me understand this process. Appreciate all the help.

Thanks,
Deepak.

You can file i140 and i485 concurrently. Please check with your lawyer or employer.

Here's some Q&A info I found.

What is "concurrent filing"?

In July 2002, U.S. Citizenship and Immigration Services (USCIS) created a rule that allows "concurrent filing" of the I-140 Petition for Alien Worker and the I-485 Adjustment of Status Application (green card application). Previously, you had to wait for the I-140 to be approved first, before you could file your I-485. Now both can be filed at the same time.

Should I file my I-140 and I-485 forms concurrently?

With all of the benefits of concurrent filing, it would seems everyone should concurrently file. Actually, it depends on your circumstances, especially on the likelihood that your I-140 will be approved and on whether you (or your family members) need EADs (i.e., work authorization) or advance parole (i.e., right to travel in and out of the country without having to obtain a new visa at a U.S. consulate overseas). If your I-140 is very likely to be approved (e.g., based on labor certification, Schedule A, or is otherwise an almost certain winner), then it would normally make sense to file concurrently. Also, if your company or your job is on shaky financial ground, you might want to file concurrently to try to reach the 180-day point at which you might be able to change jobs. On the other hand, if your I-140 is less predictable (e.g., based on weak-to-medium strength petition under Aliens of Extraordinary Ability, Outstanding Professors or Researchers, Multinational Executives or Managers, or National Interest Waiver), then you must consider that the extra filing fees for the I-485, I-765 (EAD), and I-131 (advance parole) might be wasted if your I-140 is denied. Depending on the size of your family, the cost of those government filing fees (not including attorneys fees) could easily be $2,000 or more. (USCIS will not refund these fees.) The bottom line is that concurrent filing is an important issue that requires careful analysis before deciding which approach works best for your family and you.

Do all employment-based cases qualify for concurrent filing?

No. The concurrent filing rule applies only for immigrant petitions filed under these categories:

* EB-1 category (priority workers): Aliens of Extraordinary Ability (EB-1A), Outstanding Professors or Researchers (EB-1B), Multinational Executives or Managers (EB-1C)
* EB-2 category: Professionals holding and advanced degree or aliens of exceptional (not extraordinary) ability (either through Labor Certification, such as PERM, RIR, or standard processing, or through National Interest Waiver)
* EB-3 category: Skilled Workers, Professionals, or Other Workers (through Labor Certification, such as PERM, RIR, or standard processing).

Current filing is not allowed for these categories:

* EB-4 religious workers (I-360 petitions)
* EB-5 employment-creation investors (I-526 petitions)

For EB-4 and EB-5, the applicable I-360 or I-526 immigrant petition must be approved before the I-485 green card application can be filed.

If I have already filed my I-140 petition, can I now file my I-485 application before the I-140 is approved?

Yes. Anytime after you have received a "Receipt Notice" for your I-140 petition, you may file your I-485 green card application. You will have all of the same advantages (and risks) as any other concurrently filed I-485 application.



Hope this help. So check with the person who will be filing your i140.

[gd_by2001]

Hi,

My Employer submitted my PERM in Jan 2010 under EB3 Category. My PERM is now approved and they will be filing my I140 soon. I was trying to check when my I485 will be filed. From the information above, I guess my Priority Date would be Jan 2010. I am from India and the link below suggests that the current processing date is 2002. Does that mean I will have to wait another 8 years to file my I485?

http://www.immihelp.com/visa-bulletin/

Please help me understand this process. Appreciate all the help.

Thanks,
Deepak.

Nope, you cannot file I-140 and I-485 concurrently, since your PD is not current!

For India national waiting time is 7 or 8 years long or more than 10 years long!

All the best! And god help you!