Can I file I-485 after I-140 approval but status not current?

G

grogon

Registered Users (C)
Hi, I am really new to this forum. Can someone please shed some light on this. I'd really appreciate it.

My I-140 was approved in Dec. 06. But my lawyer didn't inform me about this and I just found out this week (I don't have the receipt number). I am preparing documents and plan to have a medical exam ASAP. My lawyer told me they plan to file I-485 in July. My question is if the Visa Bulletin for August goes back to retrogression again (which means the status will not be current any more), does that affect me? Can I still file I-485 and will it take longer because of that, or the status only impact I-140 application? Thanks!
 
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TheRealCanadian said:
It will affect you on August 1st.
Click to expand...

I am interpreting this as so long the lawyer file my case (I-485) in July (since July Bulletin shows current), I should be safe?

Also I always thought that the STATUTORY NUMBERS only impact I-140 applicants. And as long as I got a visa number from I-140 approval, there is no danger of being set back few years because of the retrogression thing. :eek:

TheRealCanadian (anyone else is more than welcome too)-- Could you please comment on this? Thanks.
 
grogon said:
I am interpreting this as so long the lawyer file my case (I-485) in July (since July Bulletin shows current), I should be safe?

Also I always thought that the STATUTORY NUMBERS only impact I-140 applicants. And as long as I got a visa number from I-140 approval, there is no danger of being set back few years because of the retrogression thing. :eek:

TheRealCanadian (anyone else is more than welcome too)-- Could you please comment on this? Thanks.
Click to expand...
Visa number is assigned on I-485 approval.
 
Thanks for the responses. Let me say this and see if they're correct :)

I-140 approval does not mean you can file I-485 unless your status is current.
I-140 pending and status current --> could file I-485
Conclusion: you can only file I-485 when the status is current no matter what's goiing on with you I-140 filing.

Sorry if it sounds like I am playing words here, but I just want to clarify few things. Thanks!
 
grogon said:
Thanks for the responses. Let me say this and see if they're correct :)

I-140 approval does not mean you can file I-485 unless your status is current.
I-140 pending and status current --> could file I-485
Conclusion: you can only file I-485 when the status is current no matter what's goiing on with you I-140 filing.

Sorry if it sounds like I am playing words here, but I just want to clarify few things. Thanks!
Click to expand...
You are correct with one exception - what you call status is actually Priority Date. If your priority date is current and you have pending or approved I-140 - you can file I-485 for adjustment of status.
Status means something different. For example if you have H1 - H1 is your status. You should be in valid non immigrant status to file AOS.
 
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