I140 approved, I485 was filed concurrently

[Unmol_Ratan]

Hi, My I140 got approved today and although my PD (2004) is not current, my I485 was filed concurrently with I140 on 7/2/07 when EB3 was current. Will it still take along time for a decision on my I485 because PD is not current anymore or will they process it soon because it was filed concurrently with I140 when EB3 was current?
Thanks.

 

[nkm-oct23]

I-485 will be processed only when the PD becomes current.

 

[Unmol_Ratan]

Well that sucks. I thought having filed them concurrently when PD was current would have amounted to something.

 

[mmed]

Well that sucks. I thought having filed them concurrently when PD was current would have amounted to something.

To apply for I485 the PD should be current during the time of application. For I485 to be approved, the PD should be current again at the time of approval. Every single pending I485 was applied for during the times where the PD was current at the time of application, not just your application.

 

[hari_kb]

Your PD does not have to be current for your I-485 to be processed. But, it should be current for them to approve your I-485. What it means is, your 485 can be processed and be ready for approval. Once your PD becomes current, it can be approved. Also, your wife and family members can apply for EAD and work while the application is pending. So, it has its benifits

 

[Unmol_Ratan]

Thanks everyone for your insight. I'm a novice when it comes to USCIS and how they do what they do. Does anyone know why the PD for EB3 is 2001 even though the processing time for I485 for Nebraska Service center is currently July 2007? I am guessing it has something to do with quota numbers and not backlog. If it was backlog then the processing time would not say July 2007.

 

[mmed]

Thanks everyone for your insight. I'm a novice when it comes to USCIS and how they do what they do. Does anyone know why the PD for EB3 is 2001 even though the processing time for I485 for Nebraska Service center is currently July 2007? I am guessing it has something to do with quota numbers and not backlog. If it was backlog then the processing time would not say July 2007.

GC issue is a permanent visa controlled mainly by constant number for each category which is equal for all countries, India like small island both have the same number. If the applications are huge, this will make the waiting line for those countries with storm of applicants very long and the first come the first served to the maximum number allowed for that category per year.
Processing time is something different, which is the time required to process the application which is usually few months (revision of application, security check up, ......etc).
If the priority date is current, which is the case for almost all countries but India and China (as we said because of humongous number of applicants that exceed the maximum number, especially for EB3 which almost every one could fit in) the GC will be approved around that processing time.
For you, because your PD is not current, do not bother by the processing times which is something that indicate that the USCIS processed the applications applied before that date. If PD is current, well and good, this is = approval, if no PD is current, this means that the already processed application will stay dormant till the priority date is current.
The Department of State is the place who track those numbers and make visa numbers current accordingly and the USCIS is the place which approve those applications after then.
Sorry for the redundancy.

 

[lprkhoj]

Thanks everyone for your insight. I'm a novice when it comes to USCIS and how they do what they do. Does anyone know why the PD for EB3 is 2001 even though the processing time for I485 for Nebraska Service center is currently July 2007? I am guessing it has something to do with quota numbers and not backlog. If it was backlog then the processing time would not say July 2007.

Here's how it works...

if (I485_receipt_date <= I485_processing_date) then
if (PD is current) then
if (I140 is approved && all background checks are clear) then
approve I485
endif
endif
endif

PS: I aint a software pro but thought this might be the best way to answer your query.

 

[Unmol_Ratan]

GC issue is a permanent visa controlled mainly by constant number for each category which is equal for all countries, India like small island both have the same number. If the applications are huge, this will make the waiting line for those countries with storm of applicants very long and the first come the first served to the maximum number allowed for that category per year.
Processing time is something different, which is the time required to process the application which is usually few months (revision of application, security check up, ......etc).
If the priority date is current, which is the case for almost all countries but India and China (as we said because of humongous number of applicants that exceed the maximum number, especially for EB3 which almost every one could fit in) the GC will be approved around that processing time.
For you, because your PD is not current, do not bother by the processing times which is something that indicate that the USCIS processed the applications applied before that date. If PD is current, well and good, this is = approval, if no PD is current, this means that the already processed application will stay dormant till the priority date is current.
The Department of State is the place who track those numbers and make visa numbers current accordingly and the USCIS is the place which approve those applications after then.
Sorry for the redundancy.

Thanks for the explanation that must be painfully obvious to almost everyone else. I suppose I should be optimistic and hope that it could be current anytime like it happened in July of last year.

 

[mmed]

Thanks for the explanation that must be painfully obvious to almost everyone else. I suppose I should be optimistic and hope that it could be current anytime like it happened in July of last year.

It was current last July not to approve people more than the allowed number but to receive thousands if not millions of applications from waiting people. This will support the USCIS,s financial account especially that during that time it was with the old fee. This old fee is practically more than the current one because all those applicants will apply for EAD, AP in addition to keep their Hs forever which do mean more increase in the USCIS bank account.

 

[Jackolantern]

Thanks everyone for your insight. I'm a novice when it comes to USCIS and how they do what they do. Does anyone know why the PD for EB3 is 2001 even though the processing time for I485 for Nebraska Service center is currently July 2007?

The priority date cutoff is based on when the labor certification was filed, but the listed "processing time" is based on when the I-485 was filed. So of course the processing time will show a date much later than the priority date.