I-140 EB-2, India Priority Date filing question

N

NYDude125

Registered Users (C)
Hello,
I have an approved I-140 under EB-2 with Priority Date of 18-Jan-2005 for India.
The latest September 2009 visa bulletin published today has the Priority Date of 08-Jan-2005 in EB-2 for India.
My priority date is only about 10 days away from the EB-2, India Priority Date of 08-Jan-2005 according to latest September 2009 visa bulletin.
Please advise if I can file my I-485 given my EB-2, India priority date is 08-Jan-2005 in September 2009.

Thanks.
 
Obviously your PD is after the cutoff date. You will have to wait until your PD is inside cutoff before you can file I-485 or else it will be rejected.
 
No, you can not file your I 485 unless your PD cross Cut off date (even if it short by one day, you can not).
My question; you have PD 18-Janu 2005. With this PD, EB2 India was current before sept 05, July 2007, August and Sept 2008. How come you missed these opportunities?


NYDude125 said:
Hello,
I have an approved I-140 under EB-2 with Priority Date of 18-Jan-2005 for India.
The latest September 2009 visa bulletin published today has the Priority Date of 08-Jan-2005 in EB-2 for India.
My priority date is only about 10 days away from the EB-2, India Priority Date of 08-Jan-2005 according to latest September 2009 visa bulletin.
Please advise if I can file my I-485 given my EB-2, India priority date is 08-Jan-2005 in September 2009.

Thanks.
Click to expand...
 
Hello,
Thanks for your reply.
Although my Priority Date was current in the past July 2007, August and Sept 2008 bulletins, I did not file my I-485 at the time since I was unmarried and I did not want to take any risk of not filing I-485 without my to-be spouse information in it as she might be unable to get her EAD.
 
NYDude125 said:
Hello,
Thanks for your reply.
Although my Priority Date was current in the past July 2007, August and Sept 2008 bulletins, I did not file my I-485 at the time since I was unmarried and I did not want to take any risk of not filing I-485 without my to-be spouse information in it as she might be unable to get her EAD.
Click to expand...
You were worried that your I-485 would get approved before you got married?

You don't need to file I-485 together for her to file I-485 as a derivative and get an EAD. You only need to make sure you get married before your I-485 is approved.
 
Hello Jackolantern,
Yes, I was worried that my I-485 may be APPROVED before I got married. So, according to what you are suggesting here, at what point of my Green Card process can I file my wife's I-485 if I already filed my I-485 separately before my marriage & also received an EAD.

Thanks.
 
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