I-140 approved, AC21 Portability Question

guju_gator

New Member
Hello all,

I-140 recently approved.
Cannot file for I-485 as the current filing date is May 2001, my filing date was Oct 2003.

Question: How does the AC21 portability act apply? Do I need to wait until I can file, or does the 180 Days start from the date of the I-140 approval?

I read the following: http://www.murthy.com/news/n_yatmay.html

"Retrogression Does Not Stop the 180-Day Clock AC21 portability applies when the case has been pending for 180 days or longer. If the visa numbers retrogress during this time, the portability provisions still apply. There does not have to be a visa number available in order to port."

Any help to clear this up would be grreatly appreciated...
 
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