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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 11-17-2006, 04:54 PM
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Priority Date
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Oct-06
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EB3
I140 Mailed Date
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Achi Goro is on a distinguished road
Default Need Your Help On Concrrently filing of 1-140 and 1-1485

Hey Guys

I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.

Looking at the above filing date, can some one brief me on my likely priority date?

The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

Last edited by Achi Goro; 11-17-2006 at 05:00 PM.
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  #2 (permalink)  
Old 11-17-2006, 05:00 PM
Senior Member
Priority Date
:
Aug-07
Category
:
EB2
I140 Mailed Date
:
12/15/2007
Chargeability
:
India
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I-485
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Join Date: Jan 2006
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Default welcome !!

Welcome to the club achi goro

This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.

good luck,
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  #3 (permalink)  
Old 11-17-2006, 05:01 PM
Junior Member
Priority Date
:
Oct-06
Category
:
EB3
I140 Mailed Date
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Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Nov 2006
Posts: 16
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Achi Goro is on a distinguished road
Default

I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.

Looking at the above filing date, can some one brief me on my likely priority date?

The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/quote]
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  #4 (permalink)  
Old 11-17-2006, 05:07 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Posts: 703
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Default

Quote:
Originally Posted by Achi Goro
Hey Guys

I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.

Looking at the above filling date, can some one brief me on my likely priority date?

The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bu...etin_1360.html

Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
__________________
----------------------
"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen

Last edited by fromnaija; 11-17-2006 at 05:09 PM.
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  #5 (permalink)  
Old 11-17-2006, 05:25 PM
Junior Member
Priority Date
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Oct-06
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Default

Quote:
Originally Posted by fromnaija
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bu...etin_1360.html

Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).


Thank you for information

What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
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  #6 (permalink)  
Old 11-17-2006, 05:31 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
05-15-2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05-18-2006
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mihird is on a distinguished road
Default EB3, I believe is backlogged all the way to 2001 for people of all nationalities..

You should check the latest visa bulletin from DOS..so you won't be able to file 140 & 485 concurrently...
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  #7 (permalink)  
Old 11-17-2006, 05:46 PM
Super Moderator
Priority Date
:
Oct-04
Category
:
EB2
I140 Mailed Date
:
2007-05-23
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
2007-07-02
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Join Date: Feb 2006
Posts: 1,096
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Default

Quote:
Originally Posted by Achi Goro
Thank you for information

What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
Big holler from me! You become EB3 ROW (Rest of the world).

Find another employer who is willing to do an EB2 and you might have EAD in 6-8 months
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  #8 (permalink)  
Old 11-17-2006, 05:53 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jun 2006
Posts: 703
fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute
Default

Quote:
Originally Posted by Achi Goro
Thank you for information

What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
Welcome to my world - EB3 ROW. You may file your I-140 now and wait until your priority date becomes current to file I-485. But EB3 ROW is currently retrogressed and unless a legislation is passed to bring relief, you may not be able to file I-485 until about 4 years from today.
Believe me you are not alone. My employers filed in EB3 for me even though I have a Bachelor plus 20 years of IT experience.
Another option is to find another employer and job that meets EB2 requirements. I am seriously considering that in my case.
__________________
----------------------
"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen
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