Pending 485 Will be on hold till Visa number is available

lsamp

Registered Users (C)
Even if your I-485 has been filed, your priority date has to be past the DOL published date (Visa bulletin) in order for the 485 application to be approved. However, you can legally stay and work indefinitely on EAD and travel on AP as long as the 485 is pending.



http://www.murthy.com/news/UDpdhdtw.html


If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current."
 
They used to process I-485 based on RD.

HI,
This is little confusing, They process I-140/485 based on reciept Date. Now they process these aplications based on LC priority date and we can not expect them based on RD??

gc4now
 
gc4now said:
HI,
This is little confusing, They process I-140/485 based on reciept Date. Now they process these aplications based on LC priority date and we can not expect them based on RD??

gc4now
Your applications will be processed in the "order received" if a visa number is available. For almost 3 1/2 years, all priority dates were current. so availabilty of a visa number was never discussed. Back when my 140 was approved, priority dates were not current so _ could not even file 485. so I wated almost 7 months before I could file 485.
 
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