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EB1 Retrogression to 2012

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  • EB1 Retrogression to 2012

    Can someone help me with the impact of EB1 retrogression? I am in process of filing I140 and i saw the EB1 dates for India (final action) have retrogressed to 01JAN12 by April 2018.

    Can I file concurrently I140 + I485 (AOS)

    Or should I file I140 (PP) and then I485 AOS.

    I just want to understand the impact of this new retrogression.

    Thanks

  • #2
    Originally posted by crazysumi10 View Post
    Can someone help me with the impact of EB1 retrogression? I am in process of filing I140 and i saw the EB1 dates for India (final action) have retrogressed to 01JAN12 by April 2018.

    Can I file concurrently I140 + I485 (AOS)

    Or should I file I140 (PP) and then I485 AOS.

    I just want to understand the impact of this new retrogression.

    Thanks
    You cannot do concurrent filing due to retrogression. You have to wait until Oct, when the dates are expected to become current (due to release of new quota) to do concurrent filing. Or you can file I140 now, and file I485 when the dates become current (even if your I140 is still pending at that time). PP of I140 is not available for all EB1 categories (e.g.g EB1C).
    Just an opinion; Not legal advice.

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