Niw - 485

2

2464

Registered Users (C)
Dear friends

I have applied for I -140 under EB2 - NIW with NSC. The biggest mistake was filing with NSC usually I never go for Postal if there is chance of e-filing. Any ways my questions are

1) what happens after approval of I-140? Do I apply I-485 and 765 immediately or wait for date to be current?
2) I am from India. My J1 is going to expire by 2008 March and extension is not possible as I got waiver, My field is subject to cap and I am worried about the way the cap is reached this year. Now what is my option if I dont get any decission by the visa expiration date? Can I apply I 485 on pending 140? and be in US until decission comes? If I get favorable decission before my visa expiartion can I apply for 485?

Please reply ASAP.
Thanks
 
To the best of my knowledge, you may only file your I-485 if there is a visa number available for the EB2 category for your country of birth. The filing of the I-485 form may be concurrent, i.e at the same time you file I-140, or after you file the I-140. The approval of the I140 is not a requirement to file the I485. The availability of a visa for your country of birth is the main requirement.

If your country of birth is India, you may want to consider to file an EB1 petition since a visa is immediately valid in that category as of today.
 
Thanks

Thanks
Do you have any idea what year is presently running for India under NIW-EB2? Can you please post link where I can look into it?
 
2464 said:
Thanks
Do you have any idea what year is presently running for India under NIW-EB2? Can you please post link where I can look into it?
Click to expand...

Right now, EB2, India has a cut-off date of: Jan. 08, 2003

This is from the state department:

There are numerical limits on the number of immigrant visas that can be granted to aliens from any one foreign country. The limit is based on place of birth, not citizenship. Because of the numerical limits, this means there is a waiting time before the immigrant visa can be granted. The terms current/non-current refer to the priority date of a petition in preference immigrant visa cases in relationship to the immigrant cut-off date. If your priority date is before than the cut-off date according to the monthly Visa Bulletin, your case is current. This means your immigrant visa case can now be processed. However, if your priority date is later/comes after the cut-off date, you will need to wait longer, until your priority date is reached (becomes current). To find out whether a preference case is current, see the Visa Bulletin or telephone (202) 663 1541.

The Visa Bulletin they're referring to can be found here:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html

as you can see it is updated monthly.
 
Thank you friends

I learnt a lot from you. I was under impression that I can apply immediatley. Can you guess how long is it going to take for I-140 applied date Jan2007 to be current for Indians? I saw visa bulletin; May2005 bulletin has PD 1Jan2003 and May 2007 has PD8Jan2003. Its very disoppointing. Ofcourse one can be happy if we compare Nov 2005 and Nov 2006 Blletins. I am upset. Can you project reality so that I can makeup myself before another disoppointment?
 
The cut-off date is moving very slowly for India and China for EB2. It does not look very promising. It has been predicted that until sept 07 there wouldn't be much progress. Also you cannot apply concurrent any more if you are from a retro country. The best option for you would be to apply in the EB1 category if you fulfill the requirement.
Good Luck.
 
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