immediate help needed !!!

GCseeker06

New Member
Forum,
My I-140 just got approved thru a labor substitution that was filed in EB3 category that has the Priority Date before june 2001 ( not affected by EB3 Retrogression). My question is whether i can file my 485 right away or shoud i need to wait till Oct 1'st ( when the Visa number available for the next fiscal year).
I get conflicting answers for this from the company/lawyer..please help


Thanks,
GCseeker06
 
To the best of my knowledge you need to since visa nos are unavailable to the whole world. But you need to wait only 2 months.
 
So you mean everyone in EB3 category irrespective of his/her PD, has to wait till Oct 1st to file 485?.Can some 'guru's confirm this??

Thanks,
GCseeker06
 
Worst case is i-485 denial
Just Kidding :)-
If you have all papers in order and not been out of
status and and u dont have criminal record
things should be ok
Consult your attorney and make sure you have
all the paper work with you
Also you have an option to go for interview with attorney
This, you might consider
All the Best Buddy!
 
GCseeker06 said:
So you mean everyone in EB3 category irrespective of his/her PD, has to wait till Oct 1st to file 485?.Can some 'guru's confirm this??

Thanks,
GCseeker06

Yes. You have to wait until Sept bulletin to know what will be the cut-off date.
 
When you say the new 'cut-off date' do you mean the 'EB3 retrogression further down' ?.
What i think is that the Visa numbers will be 'getting available' for EB3 category from Sept 1st and it will take 'a while' before the alloted quote for EB3 is fully reached ( expect a big rush to file for 485 by those who are not affected by the current EB3 retrogression , those who have PD before 2002, by people waiting since June this year ). So my assumption is, it may take couple of months before the alloted EB3 visa quota ( say 40,000 ) will be completely used.
Does any one see any reason for the USCIS to announce the new 'retrogression date' as soon as they start accepting the 485 applications ( from Sept 1st) or it may take a while, meaning, the 'old retrogression date' will be effective for few more months ( say until end of 2005).

-GCseeker06
 
GCseeker06 said:
When you say the new 'cut-off date' do you mean the 'EB3 retrogression further down' ?.
What i think is that the Visa numbers will be 'getting available' for EB3 category from Sept 1st and it will take 'a while' before the alloted quote for EB3 is fully reached ( expect a big rush to file for 485 by those who are not affected by the current EB3 retrogression , those who have PD before 2002, by people waiting since June this year ). So my assumption is, it may take couple of months before the alloted EB3 visa quota ( say 40,000 ) will be completely used.
Does any one see any reason for the USCIS to announce the new 'retrogression date' as soon as they start accepting the 485 applications ( from Sept 1st) or it may take a while, meaning, the 'old retrogression date' will be effective for few more months ( say until end of 2005).

-GCseeker06

1. They'll start accepting I485 applications on Oct 1st, not Sept 1st.
2. There'll certainly be a cut-off date. Availibility of new # doesn't mean a free for all.
3. All 40,000 numbers don't become available in the first quater itself. They release certain % of numbers each quarter (not sure how many, is it 20%? somebody correct).

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