Priority date for EB3

Peapod

Registered Users (C)
what is the priority date for filing 1-140/1-485 concurrently for EB3 (India)? I have a approved labor with priority date of Feb, 2002.

Thanks.
 
I have my I-140 filed on June 9th, 2005. My labour was done with EB3, with priority date of May 16, 2005. Now my lawyer tells me that I-140 and I-1485 can't be filed concurrently for EB3. If I was EB2 then only they could file it concurrently. Can anyone please guide me if this is correct? Is there any link or web site where i can find this rule ?

Regards,
Ali
 
Yes that is correct. The Eb3 visas are currently unavilable worldwide. Look at the current visa bulletin issued by state department at http://travel.state.gov/visa/frvi/bulletin/bulletin_2616.html

Look at the table which says Emploment-Based. You can see "U" which stands for Uavailable. The State Department issues this every month, so keep looking every month.



NIVVictim said:
I have my I-140 filed on June 9th, 2005. My labour was done with EB3, with priority date of May 16, 2005. Now my lawyer tells me that I-140 and I-1485 can't be filed concurrently for EB3. If I was EB2 then only they could file it concurrently. Can anyone please guide me if this is correct? Is there any link or web site where i can find this rule ?

Regards,
Ali
 
GC_DJ, My questions is once the EB3 visas become available can I file I-485 ? My laywer says I can't file them concurrently not because the EB3 visas are not available, but becuase only for EB2 I-140 and I485 can be filed concurrently. In other words, if you are EB3, then you have to first get I-140 approved and then file I-1485 when it becomes available.

Ali
 
Yes, you can definitely file I-485 once visa numbers are available. But do not expect the visa numbers to become current, if you are a citizen of India or China. It is widely expected that they will establish a cutoff date from OCT 1st 2005. The cutoff date might be 2-3 years back some where in year 2002 or 2003.

akahmed said:
GC_DJ, My questions is once the EB3 visas become available can I file I-485 ? My laywer says I can't file them concurrently not because the EB3 visas are not available, but becuase only for EB2 I-140 and I485 can be filed concurrently. In other words, if you are EB3, then you have to first get I-140 approved and then file I-1485 when it becomes available.

Ali
 
Top