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View Full Version : How does June/July visa bulletin affect my 140/485 filing?


ucrucr
06-29-2012, 11:09 AM
EB2, Taiwan. ETA 9089 acceptance on: 04/20/2012, Certified on 06/20/2012.

Well, after getting all the relevant facts out. Please help me understand the impact of June/July bulletins on my 140/485 filing.

My lawyer is adamant that I get my 485 filed by end of June (which is tomorrow). They receive my package today (filing forms, medical result, yada yada). Hopefully, they will overnight to the corresponding office so it can arrive tomorrow (06/30/2012).

I am just wondering how does the change for Mexico and Philippine EB2 category affect my filing? For what I understand, my home country, Taiwan, has been current/chargeable since almost forever. My lawyer seems to suggest that it does indeed affect my filing.

My lawyer also said they have no choice but to file concurrently. But I always thought it's optional to file concurrently. What am I missing here? From what I understand it's only possible to file 485 if 140 is pending or approved.

I have to admit that I rely on the fact that my country has been current/chargeable for the longest time, so I never pay attention to how PD/visa number works. But now that I am concerned, please tell me what would be my PD if it does affect me ?

Thanks.

jindhal
06-29-2012, 11:37 AM
EB2, Taiwan. ETA 9089 acceptance on: 04/20/2012, Certified on 06/20/2012.

Well, after getting all the relevant facts out. Please help me understand the impact of June/July bulletins on my 140/485 filing.

My lawyer is adamant that I get my 485 filed by end of June (which is tomorrow). They receive my package today (filing forms, medical result, yada yada). Hopefully, they will overnight to the corresponding office so it can arrive tomorrow (06/30/2012).

I am just wondering how does the change for Mexico and Philippine EB2 category affect my filing? For what I understand, my home country, Taiwan, has been current/chargeable since almost forever. My lawyer seems to suggest that it does indeed affect my filing.

My lawyer also said they have no choice but to file concurrently. But I always thought it's optional to file concurrently. What am I missing here? From what I understand it's only possible to file 485 if 140 is pending or approved.

I have to admit that I rely on the fact that my country has been current/chargeable for the longest time, so I never pay attention to how PD/visa number works. But now that I am concerned, please tell me what would be my PD if it does affect me ?

Thanks.
The priority date for your country has retrogressed to 1JAN09 starting from July 1,
if you do not file your application by July 1, you will not be able to file for your I-485 until your category becomes current again (Most likely it will be by Oct 2012).
Concurrent Filing allows you to submit both your applications (140 and 485) simultaneously, at this point of time if you submit your 140 alone, you will not get a receipt notice for at least 1-2 months back from USCIS, at which point of time your category will no longer be current. It would be in your best interest to file your application concurrently and asap.

ucrucr
06-29-2012, 12:46 PM
Ok, I see why my lawyer is so eager to file before July.

I just got her response that everything has been submitted. I am guessing they file online, but the package hasn't arrived at the corresponding immigration office and probably won't until early July. Is this allright? Is it still considered filing in June? I am just a little paranoid now.

jindhal
06-29-2012, 12:51 PM
Ok, I see why my lawyer is so eager to file before July.

I just got her response that everything has been submitted. I am guessing they file online, but the package hasn't arrived at the corresponding immigration office and probably won't until early July. Is this allright? Is it still considered filing in June? I am just a little paranoid now.

Both these applications cannot be filed online and have to be filed on Paper.

I am not sure of the work hours of USCIS but I am assuming that they do not work on weekends, if this is the case, your application will not make it in time prior to July 1. Your 140 application will be accepted but there are chances that your 485 will be rejected since your date is no longer current. There isn't much you can do at this point other than wait and see how the process unfolds. Your lawyer should not have waited till the last day to file the application.

ucrucr
06-29-2012, 01:09 PM
Well, perhaps the USCIS go by the stamp date on the package? Or my lawyer overnight the package, it arrives tomorrow, and still considered as filing in June, despite the office being closed? I mean...I don't know. This is too close for comfort.