Can someone give a quick answer ? the question is :
Is it TRUE that, one can concurrently file I-140/I-485 only if the priority dates are current?
let me know..
Thanks..
TRUE. ( But keep in mind that even if the priority date is not current for the primary applicant, if there is a derivative applicant whose PD is current, you can still file concurrently using the Cross-Chargability Rule)
I hope that's clear
Here's an example if not:
A and his wife were both born in India, A has filed as the primary applicant, his PD is not current. In this case, they cannot file concurrently.
B was born in India, his wife in Russia (for eg)., B is the primary applicant, his own PD is not current, however the PD for Russia/ B's EB category is current. In that case, they can file using cross chargability rule, even if wife is sitting at home on an H4.
C and his wife both born in India, C is the primary applicant. His PD is current. In this case, they can file concurrently (as per normal rules).
