Urgent help/suggestion, J1 waiver completing with I 140, I-485 retrogression effect

[blimbos]

Hi forum members,
I am in a situation where I will be completing my 3 years waiver committment in mid October 2005, my I 140 was approved in Apr 2005 thro' NIW-EB2. My attorney told, I couldn't file for EAD/I-485 till the 3 years of waiver period is completed with not even a single day to spare, so I was waiting for applying for EAD/I-485 after mid october 2005 ( after completing my waiver), now with the latest Visa bulletin news from Dept. of state, all those who do not apply for I 485 before Oct 1 2005, will be retrogressed for their for their filing times ( Those from India) to Aug 2002 for EB1 and Nov 1999 for EB2, my questions,
1.Is it possible for me to apply for the EAD/I 485 before Oct 1st 2005, despite my attorney's info, as I read from USCIS web site, one could apply for EAD/I-485 while fulfillinf ( doing ) their waiver, the memorandum was little confusing as it said, we could apply but the department may not approve or some thing like that http://uscis.gov/graphics/lawsregs/handbook/polgui214.pdf
2.If I produce my waiver completion letter, taking first 2 weeks of October as vacation in my current waiver job, will that qualify to apply for EAD/I 485?
My I 140 was based on NIW/EB2 ( without labor certification and without 5 years commitment of work in underserved area)i.e., EB-2 workers with advanced degrees or exceptional ability
Please suggest , i appreciate everybody's help

 

[tangohi]

You can not file for 485 in case it is not based on five year committment. You are eligible for filing 485 if you are doing GC based on five year committment . They will not adjudicate the 485 till five years are done. If it is based on exceptional ability then you have to wait till priority date. I think the key in your situation is that if you were filing for GC you could apply for 485 after approval of 140 but not in case of exceptional ability. Many persons therefore file concurrently five year commitment and exceptional ability waiver. This is my understanding of your situation. Wait for opinion fron other experts.

 

[blimbos]

Tangohi, thanks for ur response.

If it is based on exceptional ability then you have to wait till priority date.

, I was under the impression, if as long as I fulfilled my 3 years commitment for the waiver with an approved I 140, I could apply for EAD/I485 towards my GC, I didn't understand your staement, u mean after the latest decision of "retrogession effect" or even other wise?