Can I go ahead and file I-485 now ?

[OMNJ]

Some points for my background:

- IT professional in EB3 category
- Labor approved 2/2/2006
- Priority date 2/8/2002
- Present Retrogression Date 10/1/2001
- I-140 approved 5/27/2006 from Texas
- H1 valid till Sep 2006 (will complete 7 years)
- Family's H4 also valid till Sep 2006.
- I am about to file for an H1 extension as I do not want to lose that.

From various forums, I gather that I cannot file for my I-485 and Advance Parole till 2 conditions are met; i.e. (1) My priority Date becomes current and (2) The date for I-485 at the processing center also becomes current.

However, many people are suggesting that I should be able to file my I-485 immediately. Is this correct ? They are saying that if I do not file for my I-485, my clock for the 180 days will not start.

Thanks.

 

[TheRealCanadian]

1) My priority Date becomes current and (2) The date for I-485 at the processing center also becomes current.

1) is correct. 2) is not. Once your PD is current, you can file the I-485.

They are saying that if I do not file for my I-485, my clock for the 180 days will not start.

That's correct, but until your PD is current then you cannot file an I-485 and start the 180 day clock.