When to expect GC? I-140/485 filed in June.

[ucrucr]

EB2, Taiwan, PD 04/20/2012 (Receipt date on Form 9089).

My lawyer mailed out package at the very last minutes of June. We were worried about it not being accepted, but since we haven't received the return package, I think we can safely assume it's been accepted and considered filed in June.

Now my question is, since the PD won't become current again until Oct/2012 (finger crossed), my lawyer told me everything else will still be processed but not the green card application. Is this true? I thought they still process green card and pre-adjucate cases even when the visa number isn't available.

If what my lawyer said is true, how long can I expect to receive approval?

If what I read is true, how long can I expect to receive approval?

[jindhal]

The normal processing time of a 485 application is about 3-4 months. You can find out the processing time from the uscis website at the following location
https://egov.uscis.gov/cris/processTimesDisplayInit.do
Your application will most likely be reviewed in that time frame. If the adjudicator decides that the application was filed on time he/she adjudicates the case file and will be put in queue for processing when ever your dates are current. When the dates for your category are current, your file is then reviewed and adjudicated and a visa number is allocated to you and your dependants provided your I-140 application is approved as well.
However if the adjudicator decides that your application was not filed on time, the application is rejected and will be sent back to you to be filed at a later time. Your I-140 application will not be affected and will continue processing. You will then have to refile your adjustment of status application when your dates are current.

[ucrucr]

Thanks.

I believe the package was filed on time because 1) the package wasn't return to us, 2) I received three notices (131, 485, 765) yesterday from USCIS saying the date the package arrived is 06/29/2012 and the receipt date is 07/06/2012.

So should I start counting the 3-4 months of processing time from June or from Oct? According what you said, it looks like it will start from Oct. :( So really I won't get my GC any sooner than someone who files in Oct since that's the time the case will be reviewed anyway? Am I correct?

In my situation, the 180 days after I-485/140 filing that allows you to look for new employment without losing current filing, does it start from June or Oct?

So many questions centered around the same issue. I promise this will be my last. ;)

[krishmunn]

Count processing time from date of filing. However, it is NOT necessarily 3 - 4 months. It depends on in which service center your case was filed. Check USCIS website for processing time for each service center


Your 180 days clock starts from date of filing (in your case June 29).

[ucrucr]

Thanks.

My lawyer filed with TSC. It's showing 12/10/2011 for I-485 processing. We are in July/2012...so it's 7-8 months processing time? Darn it! Nebraska only takes 4 months to process I-485. Wonder why my lawyer chose to go with TSC.

[ucrucr]

Wait a minute. I am basically getting two different answers here.

One says the processing time starts when PD becomes available (Oct/2012). Another says it starts when the application is filed (June/2012). So...which is correct?

[krishmunn]

I do not think anybody in this thread said that the time starts when PD is current. Time always starts from receipt date

Your attorney sent it to TSC because it depends on where (which state) you live

[ucrucr]

The processing time is shown as of 4/30/12. So it only takes 4 months or so for TSC. That's not too bad. :)

So the July Visa Bulletin doesn't really affect my time to GC much, if any, at all? The way I understand is that it takes about 4 months for TSC to process I-485 anyway, by that time, the visa number should be available again for ROW applicants.

The only way my time to GC can be affected is if the expected approval falls between July to Sept...then I will have to wait til Oct to have the approval. Am I correct?

I think I am starting to get a hand on this now...

[ucrucr]

I do not think anybody in this thread said that the time starts when PD is current. Time always starts from receipt date

Your attorney sent it to TSC because it depends on where (which state) you live

Sorry, Krishmunn. Could you help me understand my expected time to GC again? Since the visa number will only become available in Oct/2012, plus the 4 months processing time for TSC, that would put me at around Jan/2013 to receive my GC . That's what my lawyer said. He seems to believe the processing time starts when PD becomes available.