PD will become current. Do I just have limited time to file for I-485 ?

C

cpphey

New Member
My I-140 is with previous employer. My new employer has not started GC process and it might take more than 1 year. However, my PD might become current anyday. Do I just have 1 year to file for 485 or loose my PD forever ?
 
Theoretically, if PD is current for 12 consecutive months and you don't file I-485, the I-140 can be revoked under INA 203(g). However based on the limited information I've seen, USCIS usually does not enforce this rule, only the NVC does it (if the I-140 is with them). So it's unlikely that you'll lose your PD, unless the administration changes their stance on INA 203(g).
 
@wagecuck3 thanks for your reply. Please see following questions. They are independent and have nothing to do with each other:

1. if your PD becomes current but for less than 12 months (i.e. non-consecutive because of retrogression / etc. ) then does the 1 year timelimit rule apply ?

2. This 1 year rule, it would only affect Consular Processing since it is with NVC and not I-485 since its inside country and fall under USCIS . Your thoughts ?
 
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1. I believe the clock resets if retrogression occurs, although I can't seem to find an authoritative source on this anymore
2. As I said before, I believe that only NVC enforces the 1 year rule, and USCIS does not, but I would not count on this continuing to be true in the future
 
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