Question about I-485 in light of July 2, 2007 announcement

T

tmhossain

New Member
Following are my particulars...

1. EB2 Labor Certification approved on June 25, 2007. The date when labor was applied is May 23, 2003. Case type is traditional.

2. I am from Bangladesh.

Questions are...

1. Can I apply for I-140/I-485 concurrently now? I know that they will not be processing any I-485 now, but will it be rejected? Or will it be in-queue for October 2007 processing?

2. I have done my medical exams already (July 2nd, 2007). How long it remains valid?

3. The term "Priority Date", is it assigned during I-140 processing? Also EAD, AP documents can those be filed without filing I-485?

I am not much familiar with the process after the approval of labor certification. If someone can clarify the questions above, it will be of great help.

Thanks

TMH
 
1. Can I apply for I-140/I-485 concurrently now? I know that they will not be processing any I-485 now, but will it be rejected? Or will it be in-queue for October 2007 processing?

No, you cannot apply now. You have to wait until the dates become current for your category (EB2 , EB3..) and for your country. If you send in your application now, they will just return it back. They will NOT put it in queue for Oct 2007.

2. I have done my medical exams already (July 2nd, 2007). How long it remains valid?
I think it is 1 year or 1.5 yrs... something like that ... not sure.

3. The term "Priority Date", is it assigned during I-140 processing? Also EAD, AP documents can those be filed without filing I-485?

No, Priority date is the date on which you applied for your labor certification. EAD and AP can be filed ONLY when you are filing I-485. But once you are able to file 485/EAD/AP, then you most likely will get EAD and AP in a few months ; even if your 485 takes a long time to get approved. Then you will have to keep filing yearly extensions for your EAD and AP.
 
Till Oct-1-2007 your application will not be taken

By Oct-1-2007 there is good possibility that your application will be taken up after you file

Assuming you dont get caught in name check delay, you could get your gc by oct-2008 since your country will be current
 
Dear Mr. Emil,

See my Answers below.

tmhossain said:
Following are my particulars...

1. EB2 Labor Certification approved on June 25, 2007. The date when labor was applied is May 23, 2003. Case type is traditional.

2. I am from Bangladesh.

Questions are...

1. Can I apply for I-140/I-485 concurrently now? I know that they will not be processing any I-485 now, but will it be rejected? Or will it be in-queue for October 2007 processing?

>>>As gcbayarea said you can't apply for I-485 now as the date for your category and your country is not current now (According to July 2nd announcement).But you can apply for I-140 as it does not need any visa availability.If your I140 is approved you have one less thing to worry about.

2. I have done my medical exams already (July 2nd, 2007). How long it remains valid?

>>It will remain valid for one year.

3. The term "Priority Date", is it assigned during I-140 processing? Also EAD, AP documents can those be filed without filing I-485?

>>> priority date=Date on which your labor was applied.The immigrant visa availibility for I485 is determined by this date.If your priority date is before the cutoff date published by the visa bulletin then you are current and can apply for I485.

I140 has no relation with priority date.Your I140 is processed according the date when you applied in a FIFO manner (provided your labor is approved).

Your can only apply for AP & EAD with your I485.

I am not much familiar with the process after the approval of labor certification. If someone can clarify the questions above, it will be of great help.

Thanks

TMH
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