Filing 485 when PD is not current

G

gcbeku

Registered Users (C)
Guys,
I would really appreciate if someone shed some light on this. My lawyer said that we cant file for 485 till the PD is current. IS that true? I thought you could file it but USCIS just sits on it till the PD is current. Please help!
 
gcbeku said:
Guys,
I would really appreciate if someone shed some light on this. My lawyer said that we cant file for 485 till the PD is current. IS that true? I thought you could file it but USCIS just sits on it till the PD is current. Please help!
Click to expand...

gc-beku (yaarige beda?),

Your lawyer is correct. If you belong to EB3 and belong to a retrogressed country (India, China, Philliphines) and your PD (original date of LC filing with the state) is not current, you cannot file your 485 now. It was allowed till 12/31/2004. I think the current PD for EB3 retrogressed countries is June 2002.

Good Luck.

'gcbeku' = 'need gc'?? right??
 
finally_over said:
gc-beku (yaarige beda?),

It was allowed till 12/31/2004.
'gcbeku' = 'need gc'?? right??
Click to expand...

It was not allowed even at that time. You were able to apply because PD was current.
 
Actually, I think it is not entirely correct. You CAN file I-485 _if_ your PD (should be on your receipt notice or your NOA towards top left) is earlier than the published PD (sometime in 2002 these days). Else, you have to wait 'til the published PD passes your PD (it doesn't have to become current).
 
You must log in or register to reply here.
Top