485 help

D

Drdoctor1

Registered Users (C)
I applied for 140 on October 3rd 2007. AT that time was guided to opt for counselor processing. So I did not file concurrently. Now rethinking my possibilities:
1) Can I file 485 (140 still under process)
2) Will my 140 filing date be considered as PD for my 485 processing?
3) USCIS forbid, if I have to undergo all the name check and FBI checks, the 6 months clock will be from the day I filed 485 or 140?
Thank you GURUS
 
you can file I-485 any time after you file I-140 IFF your priority date is current. for example retrogressed country you cannot file for EB2, 3,... but you can for EB1.
 
Assuming your priority date is current and you can apply for I-485 (Non-concurrently)?
What is your priority date? is it the receipt date of I-140 or I-485?
repeating the questions of Drdoctor1:

2) Will my 140 filing date be considered as PD for my 485 processing?
3) USCIS forbid, if I have to undergo all the name check and FBI checks, the 6 months clock will be from the day I filed 485 or 140?

Thanks
hnks
 
2). Yes, the I-140 filing date is your PD for I-485, if it is current, then you can file I-485; otherwise, no.
3). I am a bit confusing myself too. My guess: the 6 months clock starts from the day USCIS sends the name check request to FBI (usually the FP date?). I filed my I-485 August 2007. The processing time should be from August 2007, the I-485 filing date. But the TSC processing time for I-485 is still April 2007.

Correct me if I am wrong.
 
So in my case, I filed I-140 with a RD of Dec 10 2007. Let's say I file I -485 on June 1st. 2008, Will my PD be Dec 10th? Can that be true?
N.B. Country of origin (ROW), PD current.
 
Pd

For EB1-EA and NIW, the PD is the date I-140 is filed and for other categories its related to labor certificate.
 
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