How soon can i filed I-485 after I-140 approved?

[kkyy]

Hi,
My I-140 is using expedite process at the moment; my question is, how soon will i be able to send it my I-485 application when i received I-140 approval?

My understand is, even if my 140 is approved, i am not eligible to file I-485 until the following conditions are met:

- Priority date is up to date.

I am intend to take advantage of the AC21 180 days rules. Hoping the sooner i can file my I-485 and have it pending for 180 days the earlier i can change employment.

In my case, if i have to wait for my priority dates current! it will takes 4 years before i can file I-485. If that is the case, the AC21 rules didn't help much.

I apprieciate if anyone can give some clarification and advice on this matter.

Also, my current employer is sponsoring my 1-140 and LC, can apply for 1-485 myself?

Thank You for your help.

 

[ginnu]

Hi,
My I-140 is using expedite process at the moment; my question is, how soon will i be able to send it my I-485 application when i received I-140 approval?

My understand is, even if my 140 is approved, i am not eligible to file I-485 until the following conditions are met:

- Priority date is up to date.

I am intend to take advantage of the AC21 180 days rules. Hoping the sooner i can file my I-485 and have it pending for 180 days the earlier i can change employment.

In my case, if i have to wait for my priority dates current!
---------------------you have to wait for PD to be current

it will takes 4 years before i can file I-485. If that is the case, the AC21 rules didn't help much.

I apprieciate if anyone can give some clarification and advice on this matter.

Also, my current employer is sponsoring my 1-140 and LC, can apply for 1-485 myself?
-------------------------- you can file I-485, EAD AP directly if PD is current for you
Thank You for your help.

I-485 can be filed if your priority date is current with I-140 or with I-140 filing reciept copy or with I-140 approval copy.

 

[kkyy]

Thanks Ginnu for your reply.

My employer is stating they cannot file my I-485 for at least 3-4 years because my priority date is not current.

So, now the problem is, what is the use of AC21 if i we only can file for I-485when our priority date is current?

In your reply "I-485 can be filed if your priority date is current with I-140 or with I-140 filing reciept copy or with I-140 approval copy."

Did you meant if i met either one of it i can file the I-485 myself?

Thanks!
kkyy

 

[kkyy]

Sorry, i am still confuse. So, even I-140 is approve, we have to wait for Priority date to be current to file for I-485? (in my case i have to wait 3-4 years before my PD is up!).

how can someone take advantage of AC21 then?

thanks

 

[seebeyond]

Sorry, i am still confuse. So, even I-140 is approve, we have to wait for Priority date to be current to file for I-485? (in my case i have to wait 3-4 years before my PD is up!).

how can someone take advantage of AC21 then?

thanks

You can't use AC21 if 485 hasn't been filed for at least 180 days and 140 is approved.

485 can't be filed if your PD is not current.

So, since you can't file 485, there is no way you can use AC21.

 

[kkyy]

You can't use AC21 if 485 hasn't been filed for at least 180 days and 140 is approved.

485 can't be filed if your PD is not current.

So, since you can't file 485, there is no way you can use AC21.

Very dissapointed
I though i can change to other employer after my I-140 is approved.

What i see now is AC21 will only benifit those who had I-485 prioriy dates current and on the last stage of their I-485 application. That actually didn't make any sense because if have to wait for PD to current there is no point to get i_140 approval early and Basically you are almost there to receive the greencard approval when your PD is current, why peoples still want to use AC21.

I think majority people who had their 1-140 approve will have similar situation like me.

Is there other option left? Can I transfering my reamaining H1 to the new company? Using EAD card etc??