Good or bad question on the cut-off dates

[tiwari_raddi]

Dear all,

I am trying to understand the cut-off dates in the visa bulletin. Please advise if my understanding is right or not.

IF
a. my I140 is approved on July 15th, 2007
b. On July 10th, the visa bulletin reveals that the cut-off date for my Category (eb2) for this August retrogress to, say, July 1st 2006.
c. Question, I will not be affected by this retrogression if I file I485 by July 31, right???

Many thanks.

TR

 

[prom]

Dear all,

I am trying to understand the cut-off dates in the visa bulletin. Please advise if my understanding is right or not.

IF
a. my I140 is approved on July 15th, 2007
b. On July 10th, the visa bulletin reveals that the cut-off date for my Category (eb2) for this August retrogress to, say, July 1st 2006.
c. Question, I will not be affected by this retrogression if I file I485 by July 31, right???

Many thanks.

TR

I think the answer is yes and no. You will be able to file I-485, but you wouldn't get your approval until your country and category become current again.

I am not a lawyer, this is just an opinion...

 

[manwithnoname]

No, your Priority Date has to be earlier than cut off date (as mentioned in the visa bulletin), so that you become eligible to file I-485. Priority Date is the day on which your employer filed for Labor Certification (on your behalf). For Labor Certification waiver cases this is the date on which I-140 is filed.

It will be clear from the August Visa Bulletin, due published around July 15, about the cut off date for the employment category and country of origin.

 

[tiwari_raddi]

Even I file 1485 next month, but ....

Hi, prom and manwithnoname,

thanks a lot,

I am a little bit confused with your explanation. Appreciate any further clarification:

1. Even I can file I485 next month (since all cut-off dates are current), I still have to wait, since my I485 cannot be approved within next month. if the cut-off date come back/retrogress for this August beyond my PD, my I485 will be pending there until next time the cut-off date over take my PD.

2. If I file I485 next month after my I140 approved, my I485 will being processed regardless wether the cut-off dates will come back/retrogress or not for this August.

Which one is correct?

Huge thanks.

TR

 

[gettingmygc]

Let me clarify for you.

In general, you are permitted to file any time as long as your PD is current according to the CURRENT BULLETIN. So as long as you file before the end of July, you should be good to go.

However, there is a small chance, that if they run out of visa numbers, that they may roll cut-off forward to whenever visas run out. In otherwords, the August bulletin might take effect some time in July. This is highly unusual but it did happen to the "Other Workers" category on June 5th. No more "Other Worker" applications were accepted even while the bulletin did indicate that visas were available for certain PDs.

Also note that if you have an I-140 pending and your PD is already current at the moment YOU CAN FILE NOW! As long as your I-140 is pending and your PD is current you may file your I-485 providing you can give the I-140 receipt number. This is called semi-concurrent processing. (Concurrent is when both I-485 and I-140 are submitted together - not staggered). You should find out what's required by speaking to a lawyer as I don't know the peculiarities (if there are indeed any), to semi-concurrently file.

If you do file and they retrogress it means your 485 will not be approvable until at least the time in which your PD is again current. However, they may still be able to proceed with Name Checks, etc.

Hope this helps. Get a move on!