Should the lawyer have filed I-140 & I-485 together

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ms1_1

Registered Users (C)
My I-140 was filed in July'05 and approved in Oct'05. Priority date is Jan-00 Should my lawyer have filed the 485 together with I-140? When did this retrogration go in effect and what was the last date by which lawyer had time to file I-140 and I 485 together?

Please let me know..

Thanks...
 
Yes, you lawyer should have filed I-140 and I 485 together. You could have filed together up until Oct 1st this year. If you are born in India, you cannot apply for I 485 until a visa number becomes available. By the way things are going, that would take a few years.

The good thing about your I 140 being approved is that now you can apply for a 3 yr H1B extension after your 6th year.
 
Thank you for your reply. I think my lawyer has messed it up. He should have applied for 485 also alongwith I-140. That way I , at least, would have been in 485 pending status.

Also, I have two questions on retrgression:

01. does it mean that untill all the visa to all currently filed 485 (all EB catagories) are given, they will not start taking any new 485 application

02. When , if at all, they start taking new 485 application, they will take application based on new cut off date which currently is 98-end. Is this interpritation correct? And I guess, they will move the cut off date very slow , right?

Thanks....
 
Thank you for your reply. I think my lawyer has messed it up. He should have applied for 485 also alongwith I-140. That way I , at least, would have been in 485 pending status.

Also, I have two questions on retrgression:

01. does it mean that untill all the visa to all currently filed 485 (all EB catagories) are given, they will not start taking any new 485 application

02. When , if at all, they start taking new 485 application, they will take application based on new cut off date which currently is 98-end. Is this interpritation correct? And I guess, they will move the cut off date very slow , right?

Thanks....
 
Are you EB-1, 2, or 3? EB3 became unavailable in July for everybody, so if you're EB-3 your I-485 could not have been filed at that time anyway.
 
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