June 30th deadline -- Please help

A

apsk

New Member
The applicant is currently outside the US and labor the priority date is October 2002. Labor was approved in April 07.
If applicant comes to US in a month (June 31st 07) and want to file for I485/I140 after 60 days of entry in US.
Is it possible to file I485/I40?
I was reading the following and it says the I485 needs to be filed before June 30TH.

http://murthy.com/nflash/nf_051507.html

The applicant needs to wait for at least 60 days after entering US.
Please advice.
Thanks
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apsk said:
The applicant is currently outside the US and labor the priority date is October 2002. Labor was approved in April 07.
If applicant comes to US in a month (June 31st 07) and want to file for I485/I140 after 60 days of entry in US.
Is it possible to file I485/I40?
-----------------------If the PD is NOT current one cant file I-485 and no rule that I-485 can only be filed AFTER 60 days of entry. I-485 can be filed when PD is current and nobody knows if the PD will remain current for your PD after June.
I was reading the following and it says the I485 needs to be filed before June 30TH.
-------------------------------That is correct
http://murthy.com/nflash/nf_051507.html

The applicant needs to wait for at least 60 days after entering US.
--------------where does the link says that???? If the PD is current then enter US ASAP and file the I-485 ASAP so that it reach USCIS BEFORE June 30.


Please advice.
Thanks
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why dont you post your details ?
 
What details you need ?

The applicant can come to US on Tourist Visa so need to wait for 60 days before filing I140 because INS allows change of intent after 60 days.
The applicant's PD is October 2002.
I think I posted all the dates, The applicant is in EB3 category, ( Restaurant Manager), from India.
Please let me know what details I am still missing.

Thanks
 
Last edited by a moderator:
apsk said:
The applicant can come to US on Tourist Visa so need to wait for 60 days before filing I140 because INS allows change of intent after 60 days.
-----------many lawyer say still risk after 60 days as you went to US consutate for visitor visa and your Intent was to Visit US as Visitor and on form DS156 you wrote your Intent as Visitor and your Intent at POE was visitor to enter US. how did you got visitor visa if your I-140 is approved or filed?? why not to go for CP processing?
The applicant's PD is October 2002.
I think I posted all the dates,
-----------------I cound not find your details, provide your details to your Lawyer and seek legal advice.

The applicant is in EB3 category, ( Restaurant Manager), from India.
Please let me know what details I am still missing.

Thanks
Click to expand...

I dont know musch about entring US on Visitor visa and then filing I-485. you should talk to good lawyer with your full details.
 
Last edited by a moderator:
apsk said:
The applicant can come to US on Tourist Visa so need to wait for 60 days before filing I140 because INS allows change of intent after 60 days.
The applicant's PD is October 2002.
I think I posted all the dates, The applicant is in EB3 category, ( Restaurant Manager), from India.
Please let me know what details I am still missing.

Thanks
Click to expand...

The sixty periods is not some thing statutory limitations. He can apply next day also. This period is to show that he did not have the intent settling permanently while entering to US on the visitor visa. This works fine in marriage based cases

However this guy may have the trouble even if he applies after three months. Because Labor was applied three years before and he enters the US while priority date is current.
Therefore officer may question the intent.
 
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