Originally posted by JustWatching
Edited response.
You cannot get a I-485 approval if your priority date is not current. So an assumption is that this would trickle back to the I-140, why approve an I-140 with a priority date that can NOT apply for an I-485 better work on I-140 whose priorty dates are current.
Granted, priority dates for visa numbers are current but that is mainly because USCIS has not been able to process enough cases to use up the numbers.
But assume for a moment that priority dates were not current. Le's say its June 2004 and that immigrant visa numbers were only available for cases before July 2002.
Now assume you live in NH, where LCs get approved in 2 months. So someone with a priority date of Dec 2003. You would apply for I-140/I-485 in January 2004. Now it's June 2004 and you are waiting for approval
At the same time, some poor guy (like me) who is waiting in NY to get its LC certified has a priority date of Nov 2001. I getapproved in May 2004, apply for I-140/I-485 in June 2004.
In this scenario your application can not be approved by virtue of the backlog in visa number issuance so even if I submitted my I-14o/I-485 application after you, USCIS would work on my app not yours regardless of receipt date of I-140/I-485.
This is just a theory.