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bibliophile2020
02-15-2012, 08:50 PM
EB-2 India, Priority date - May 06, 2010. Recieved e-mail from lawyer that we can file for AOS based on March bulletin. Just wondering:confused:

belmontboy
02-15-2012, 09:24 PM
EB-2 India, Priority date - May 06, 2010. Recieved e-mail from lawyer that we can file for AOS based on March bulletin. Just wondering:confused:

no you are not current.
Your lawyer is messing with you.

smuggymba
02-15-2012, 09:39 PM
EB-2 India, Priority date - May 06, 2010. Recieved e-mail from lawyer that we can file for AOS based on March bulletin. Just wondering:confused:

that's a really bad joke by your lawyer. Hopefully you will be current next month.

bibliophile2020
02-15-2012, 10:10 PM
Thanks guys. That's what I thought. I got excited just for a minute though. Now I can sleep peacefully

sparky_jones
02-15-2012, 10:52 PM
EB-2 India, Priority date - May 06, 2010. Recieved e-mail from lawyer that we can file for AOS based on March bulletin. Just wondering:confused:
Are you sure your priority date is May 6, 2010? If yes, then you need to switch lawyers ASAP. If a lawyer can't read the Visa Bulletin correctly, his/her competency in representing you would be highly suspect.

The EB2-I cut off for March is May 1 2010. See Visa Bulletin at Visa Bulletin For March 2012 (http://travel.state.gov/visa/bulletin/bulletin_5664.html)

dassumi
02-16-2012, 10:37 AM
I have asked this question on a separate thread on IV. My PD is Aug 22, 2002 in EB3I, technically I am not current as the VB has the date of Aug 22, 2002 meaning all dates prior to this date are current. I have been advised so by the gurus on IV and I agree with that statement.

I went on and did some research, it seems that in cases like mine that are border line, there is discretion at play. I saw a few people in a similar predicament as mine getting a decision on the first calendar day of the VB month. In my case it would be March 2011.


I wonder if anyone else has gone through this situation. My I-485 is already filed and pending decision.

dassumi
02-16-2012, 10:39 AM
I have asked this question on a separate thread on IV. My PD is Aug 22, 2002 in EB3I, technically I am not current as the VB has the date of Aug 22, 2002 meaning all dates prior to this date are current. I have been advised so by the gurus on IV and I agree with that statement.

I went on and did some research, it seems that in cases like mine that are border line, there is discretion at play. I saw a few people in a similar predicament as mine getting a decision on the first calendar day of the VB month. In my case it would be March 2012.


I wonder if anyone else has gone through this situation. My I-485 is already filed and pending decision.

tselva
02-16-2012, 01:16 PM
Your lawyer is 100% right. If I am not wrong you should be eligible to apply for I-485. The visa bulletin is always published with the following dates

01
08
15
22

It is the starting date of the cut-off date. It means that USCIS will serve until 03/06/11 in this case. Please go through other forums and take advice from immigration gurus and good lawyer before proceding further.

Good Luck!

kishore.salla
02-16-2012, 02:58 PM
Be careful while filing 485, if you are in doubt that you are current...

sometimes uscis accepts - 485's when your PD is not current accidentally or carelessly.
But onus is on you , to make sure that PD is current when you apply 485.

Because i have seen cases for people who filed in jul 2007 fiasco,
in GC interview they were asked to prove that there PD was current when they applied 485..
Then people had to carry all the documentation on that stupid fiasco.

So be careful...You never know..stupid uscis..they make mistakes but expects immigrants to prove that... After all we are immigrants at mercy of uscis.