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  #1 (permalink)  
Old 07-14-2009, 05:41 PM
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Default I-140 approval received - When can I file my I-485

I received my I-140 approval on 12/30/2008 and was wondering when I can file the I-485. Should I have filed it in December when the I-140 approval was received? Or do I have to wait until my priority date is current. My priority date is 11/14/2007 and I am in the EB3 category. Thanks!
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  #2 (permalink)  
Old 07-14-2009, 06:04 PM
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Default Your will have to wait till your PD gets current

Hi,

Congrats on getting approval to your I-140. Its a major stage and its a wonderful news. You have to now wait till the PD for your category (EB3) gets current to file your I-485.

Thanks
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  #3 (permalink)  
Old 07-14-2009, 06:10 PM
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Originally Posted by Fumster210 View Post
I received my I-140 approval on 12/30/2008 and was wondering when I can file the I-485. Should I have filed it in December when the I-140 approval was received? Or do I have to wait until my priority date is current. My priority date is 11/14/2007 and I am in the EB3 category. Thanks!
Please update your profile for country of Chargeability to understand your situation better. Based on your country of Chargeability, the wait time can be few years to a decade. You have to wait till your priority date is current. Btw, no one and that includes the USCIS can acurately predict when your priority date will become current. Welcome to the USCIS mess!
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Old 07-14-2009, 06:11 PM
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Default I-140 received - when can I file I-485

Thanks for your response. I was under the impression that you can file the I-485 once the I-140 has been approved. However, the I-485 will only be approved when my PD is current, but my application can still be submitted regardless even though my PD is not current. Is this correct?
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  #5 (permalink)  
Old 07-14-2009, 06:14 PM
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Default I-140 received - when can I file I-485

My country of chargeablility is Nigeria.
Does that help?

Thanks!
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  #6 (permalink)  
Old 07-14-2009, 06:43 PM
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Originally Posted by Fumster210 View Post
My country of chargeablility is Nigeria.
Does that help?

Thanks!
First welcome to a fellow Nigerian!
Being a Nigerian does not help in this situation. You cannot file I-485 until your priority date is current. And you being EB3 will wait a couple of years before 11/2007 becomes current.

One of our goals here is to change the policies such that one could submit I-485 when priority date is not current and wait for its adjudication when PD is current. But until that goal is achieved, no luck!
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