Can I file my 485?

[vishalpahuja]

All

I am a real newbie in this process as I do not know much about the process. I know though that my LC was applied in 10\03 under EB3 and it got approved in 11\2005. My i-140 was filed which also got approved last month.

Can I file for my 485?

I am from India and a Software Engg.

I did not follow all what is going on but know that something really went wrong last year (retrogression??) by virtue of which I cannot file for my 485 for like 2-4 years? Is that right?

When they say the dates are "APR 2001" What does that mean?

Thanks for your replies and pardon my ignorance in these matters !!

 

[CAPD02]

All

I am a real newbie in this process as I do not know much about the process. I know though that my LC was applied in 10\03 under EB3 and it got approved in 11\2005. My i-140 was filed which also got approved last month.

Can I file for my 485?

I am from India and a Software Engg.

I did not follow all what is going on but know that something really went wrong last year (retrogression??) by virtue of which I cannot file for my 485 for like 2-4 years? Is that right?

When they say the dates are "APR 2001" What does that mean?

Thanks for your replies and pardon my ignorance in these matters !!

Hi Vishalpahuja,

You mentioned that your labor filed in Oct 2003. So, your Priority Date (PD) is Oct 2003. Now you can't file I-485. See the visa bulletin every month for EB3 visa dates for India.

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

In this bulletin, look for EMPLOYMENT-BASED PREFERENCES/ 3rd/India. On current (June 2006) bulletin you can see 08APR01.

i.e All Indian EB3 applicants whose PD is before to 08 Apr 2001 are eligible to file I-485 starting onwards June 01, 2006. It also implied that any applicants already filed I-485 and whose PD is before to 08 Apr 2001 are eligible for approval.

(i.e currently 08 Apr 01 is cutoff date for India EB3 applicants. Similar to H1B annual quota, USCIS also have annaul quota for GC approvals for each country and each category. These cutoff dates established because of large number of I-485 applications filed than available annual quota.)

You have to wait till EB3 shown up as Nov 2003 (Nov 01, 2003)

OR

You have to wait till EB3 shown up as C (Current,every one can file I-485)

I hope this helps.

Thanks