Can I fill 485 when visa number is not available?

T

tianfengz

Registered Users (C)
Can I still fill 485 even though the visa number is not available?
Suppose I get my LC through PERM and am ready to fill 140. Do I have to wait 4 to 5 years when the visa number is up to present then fill the 485 or can I fill 140 and 485 at the same time now?
I hope I can at least fill 485 so that I can apply for EAD and AP and AC21.
Please advise!
 
tianfengz said:
Can I still fill 485 even though the visa number is not available?
Suppose I get my LC through PERM and am ready to fill 140. Do I have to wait 4 to 5 years when the visa number is up to present then fill the 485 or can I fill 140 and 485 at the same time now?
I hope I can at least fill 485 so that I can apply for EAD and AP and AC21.
Please advise!
Click to expand...
Unfortunately, no.
PD should be current for you to be able to file your 485.

Once you file it, even if PD retrogresses you will be able to file for EAD and AP renenwals when needed.
 
If your LC is approved. you can file the I-140 and the I-485 until Sept 30, 2005. After that retrogression kicks in and you will not be able to file the I-485 until your priority is current. (The date your labor reached the state)
At that point you can only file the I-140.
If you can't file the I-485 you also can not get AP or EAD. These benefits come from being able to file I-485 only.
As for AC21 you can not do that until I-140 is approved AND I-485 is pending for 180 days.
 
I think I-485 filed in September will be likely returned. Mine filed on August 23rd, and was returned on August 31st citing no visa available.
 
Maybe your package has a problem. i sent it out on August 20. I got my I-485 receipt.
 
Can somebody tell me!
1. whether EB1 people who don't have PD apply for I-485 before or after I-140 approval.
2. In non concurrent cases what is PD for EB1. Is it I-140 filling date or I-485 filling dates.
3. also We could see clearly that ther ewer not many pending cases for Eb1 in last two years then why it got retrogressed so back....
4. In general it also surprises me that NSC said they are procssing JUNE 2004 cases few days back...how come then.....went so back all of sudden is it because they decide that number based on 75 % cases.
 
MrGC2004 said:
Can somebody tell me!
1. whether EB1 people who don't have PD apply for I-485 before or after I-140 approval.
If you are not affected by retrogresion you can file both at the same time. If not affected by retrogression and your I-140 is pending you DO NOT have to wait to file I-485. Do it before October 1, 2005 though if your country will be retrogressed come October. If affected you can only file the I-140 after that date.

2. In non concurrent cases what is PD for EB1. Is it I-140 filling date or I-485 filling dates.
If you don't need labor certification then your priority date is the date when the I-140 is received.

3. also We could see clearly that there were not many pending cases for Eb1 in last two years then why it got retrogressed so back....
Who knows

4. In general it also surprises me that NSC said they are procssing JUNE 2004 cases few days back...how come then.....went so back all of sudden is it because they decide that number based on 75 % cases.

What NSC lists as the date of cases they are working on has nothing to do with visa numbers. They DO NOT set the cut off for visa numbers. It is the department of state that has control over the numbers, and hence the retrogression. Totally different entities
Click to expand...

[
 
Last edited by a moderator:
You must log in or register to reply here.
Top