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I-140 is Approved. When to file I-485? - EB1-C

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  • I-140 is Approved. When to file I-485? - EB1-C

    Hello all

    I am unable to understand the visa bulletin. Can someone help me when i can file I-485 petition ?

    I140 was approved on : 5th June 2018
    Priority date as seen on the approval : 4/16/2018
    Section: Multi-national Executive or Manager, Sec.203(b)(1)(c)

    Thanks
    Raj Nair - New York.

  • #2
    Originally posted by RajNair View Post
    Hello all

    I am unable to understand the visa bulletin. Can someone help me when i can file I-485 petition ?

    I140 was approved on : 5th June 2018
    Priority date as seen on the approval : 4/16/2018
    Section: Multi-national Executive or Manager, Sec.203(b)(1)(c)

    Thanks
    Raj Nair - New York.
    Hi,

    You will be able to attend when your EB1 priority date is current.

    Is your country of birth India?

    Are you planning file your spouse also along with you? If so, is your spouse's birth country also India?
    Note:- Not a legal opinion.

    Comment


    • #3
      Originally posted by JosephTheDreamer View Post
      Hi,

      You will be able to attend when your EB1 priority date is current.

      Is your country of birth India?

      Are you planning file your spouse also along with you? If so, is your spouse's birth country also India?
      Yes- Both birth country is India. My problem is to understand the visa bulletin. Looking at the Bulletin i am not able to understand which one is for my category, and when is it current.. may be i am getting very old or I am a dump ... either way, please help with my case?

      Comment


      • #4
        Originally posted by RajNair View Post
        Yes- Both birth country is India. My problem is to understand the visa bulletin. Looking at the Bulletin i am not able to understand which one is for my category, and when is it current.. may be i am getting very old or I am a dump ... either way, please help with my case?


        Since both you and your wife are born in India, your country of chargeability is India.

        In the Visa Bulletin there are 2 charts:
        1. A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

        2. B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

        The Table B can be used to file the I 485 when the USCIS specifically says it can be used.

        Otherwise, the Table A should be always used.

        In Table A, you need to look in the first row ( which says 1st) and column India.
        As per the Oct-2018 Visa Bulletin, the priority date is 01JUN16
        Any one who has a PD before 01JUN16 can apply for I 485(Adjustment of status).

        Since your PD is 4/16/2018, you shall need to wait till your PD becomes current.

        Hope you understood what I was trying to say.

        Please let me know if you have any questions
        Note:- Not a legal opinion.

        Comment


        • #5
          Originally posted by JosephTheDreamer View Post
          Since both you and your wife are born in India, your country of chargeability is India.

          In the Visa Bulletin there are 2 charts:
          1. A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

          2. B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

          The Table B can be used to file the I 485 when the USCIS specifically says it can be used.

          Otherwise, the Table A should be always used.

          In Table A, you need to look in the first row ( which says 1st) and column India.
          As per the Oct-2018 Visa Bulletin, the priority date is 01JUN16
          Any one who has a PD before 01JUN16 can apply for I 485(Adjustment of status).

          Since your PD is 4/16/2018, you shall need to wait till your PD becomes current.

          Hope you understood what I was trying to say.

          Please let me know if you have any questions

          YES, clear like a glass. Thank you so much for explaining.. really appreciate it.

          Comment


          • #6
            Originally posted by RajNair View Post
            YES, clear like a glass. Thank you so much for explaining.. really appreciate it.
            I believe , you can still file I-485 before Sep-30 as i-485 filing is current in Sep-2018 for India EB1C. Check with your attorney. This will at least allow you to get EAD and AP. May be interview too. However actual GC will come after Final Action date becomes current. But you will have little bit flexibility.

            Comment


            • #7
              Originally posted by k_harish99 View Post
              I believe , you can still file I-485 before Sep-30 as i-485 filing is current in Sep-2018 for India EB1C. Check with your attorney. This will at least allow you to get EAD and AP. May be interview too. However actual GC will come after Final Action date becomes current. But you will have little bit flexibility.
              Hi Raj,

              I think k_hraish99 is correct.

              For Sep, USCIS has asked to use Table B for filing the application.

              Hence you can apply for I-485 - Adjustment of Status, I 765 - EAD and I-131- Advance Parole.

              Please check the Visa Bulletin and Hurry up.
              Note:- Not a legal opinion.

              Comment

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