can I file for I-485 after I-140 even without a visa being available?

[soda]

I'm going to go ahead and apply for my I-140 soon. So if I get it approved, can I immediately file for I-485 even though I know that there wouldnt be a visa number available? This is because I'm from India and their quotas get filled fast. Please advice
Thanks

 

[civ2ru]

You cannot file I-485 until your priority date is current. Sorry.

 

[soda]

You cannot file I-485 until your priority date is current. Sorry.

Oh no! Does that usually happen? So I cant even file it under a backlog?

 

[soda]

Oh...my priority date as mentioned in the labocer certification states that it is Feburary 2004.

 

[civ2ru]

You'll have to go to November visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3046.html) and see whether that date is current right now for your kind of case (EB1, EB2, EB3, etc.). If it is, you can file.

To see what dates will be current in December, go to http://travel.state.gov/visa/frvi/bulletin/bulletin_3086.html.

Until your priority date is current, you cannot file I-485.

 

[Madison04]

That's right. You can't file 485 until your PD is current. This doesn't just "usually" happen; it "always" happens in this way! You think backlog is a good justification? Well, then please remember that many other GC categories have been in backlog for decades...