140/485 - confusion

G

gc_ky123

Registered Users (C)
Below are my dates for concurrent filing.

140 - 05 Sept 2004
485 - 05 Sept 2004
RFE for 140 - 15 Jan 2005 Replied: Jan end (Do not know date since lawyer sent)
FP scheduled - March 2005.

I got an RFE for education evaluation. My lawyer said he replied RFE with a copy of education evaluation.
As per my knowledge whoever applied after April 30, 2004 they will get I-140 and 485 approval together.
My 140/485 dates are in Sept 04 means 140 will not be approved till 485 date is current? Do I get approval
for 140 before 485? I got finger print notice and scheduled on March 2005.

What is priority date? I do not see any where in my applications? We applied labor in Jan 2004. What is current priority dates going on.
I am EB3 category.
 
gc_ky123 said:
Below are my dates for concurrent filing.

140 - 05 Sept 2004
485 - 05 Sept 2004
RFE for 140 - 15 Jan 2005 Replied: Jan end (Do not know date since lawyer sent)
FP scheduled - March 2005.

I got an RFE for education evaluation. My lawyer said he replied RFE with a copy of education evaluation.
As per my knowledge whoever applied after April 30, 2004 they will get I-140 and 485 approval together.
My 140/485 dates are in Sept 04 means 140 will not be approved till 485 date is current? Do I get approval
for 140 before 485? I got finger print notice and scheduled on March 2005.

What is priority date? I do not see any where in my applications? We applied labor in Jan 2004. What is current priority dates going on.
I am EB3 category.
Click to expand...
Sorry to say that but I think if you are EB3 and are from India, China and Philippines than you come under PD retrogress category. I havn't seen any approval or pattern where they are approving I-485 for those who filed after April 30.
 
You may be "Retrogressed"

Your case may belong to the "Retrogressed" category since you are EB3 (assuming you are an indian or chinese national). Even though you filed concurrently, your cases will NOT be adjudicated concurrently. The good news is that your 140 will NOT be held up because of your 485, which gives you limited flexibility (AC21 etc.). Basically, you could get a 140 approval pretty soon, while the 485 is going to take a while. I believe that is the worst case scenario
That is my understanding only, with all associated caveats....

Wish you the very best.
 
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