Visa numbers not available

W

w8_4_gc

New Member
My labor certification got approved recently :). However my lawyer tells me that since no visa numbers are available, I will have to wait to file the 485.
I always thought that 140 and 485 were to be filed concurrently otherwise the 485 can only be filed after 140 was approved.
Could someone kindly clarify to me, if the 485 can be filed without the 140 being approved.
Also Is there are difference in processing if the two are filed concurrently or if the 485 is filed shortly after the 140.

Thanks.
 
If you are EB3, you will have to wait until Oct 1, 2005 to see if UCSIS makes the dates current or have a cut-off date set. If you want to apply now, you can apply only I140. After Oct 1st, if EB3 dates are current or your PD falls before any cut-off date(if set by USCIS), you can apply for I-485 with the receipt notice of I140.

w8_4_gc said:
My labor certification got approved recently :). However my lawyer tells me that since no visa numbers are available, I will have to wait to file the 485.
I always thought that 140 and 485 were to be filed concurrently otherwise the 485 can only be filed after 140 was approved.
Could someone kindly clarify to me, if the 485 can be filed without the 140 being approved.
Also Is there are difference in processing if the two are filed concurrently or if the 485 is filed shortly after the 140.

Thanks.
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