You may recall in July/Aug of 2007 USCIS/Dept of State made all EB categories current and everyone with an approved I-140 petition at that time was able to file for I-485. Those who filed for I-485 at that time became eligible for EAD card and their spouses also became eligible for work authorization. Many people who started their permanent residency process in 2005, 2006 and may be even 2007 were able to take advantage of this I-485 filing window because of PERM filings.
Although I have a mid 2004 priority date, I couldn’t apply for I-485 in July/Aug 2007 because my Labor Certification Application (regular filing) was still pending at that time. Subsequently I got the Labor Certification and I-140 approved.
I am wondering if I could request USCIS to extend to me the same benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court?
Could someone please advice?
Thanks.
Although I have a mid 2004 priority date, I couldn’t apply for I-485 in July/Aug 2007 because my Labor Certification Application (regular filing) was still pending at that time. Subsequently I got the Labor Certification and I-140 approved.
I am wondering if I could request USCIS to extend to me the same benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court?
Could someone please advice?
Thanks.