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  • Unique situation on 485 filing

    Hi, experts,

    Here is the situation we are having. Hopefully someone could help us here:

    My LC/140 have been approved but PD is end of last year. My wife just got her LC approved from backlogging center and her PD is 2003. Because of recent DOL visa bulletin, we both suddenly are all eligible for filing 485.
    Here is the question. What should we do? From all sources, seems 2 options here:

    1. I file 485 based on my approved 140 for me and my wife as the Dependent. My PD is 2006 so it will be most likely be retrogressed sometime later. we could notify the USCIS that we wish to use my wife's approved I-140 Petition as the basis of adjustment and make her the Principle Applicant and me the Dependent.
    2. We both file 485 for each other so we both have two 485s. It seems that only one 485 will be approved but not sure how USCIS will process both internally? Are they gonna pick up both and just approve one or pick up the earliest one they touch?
    In what order do USCIS queue 485 and pick up cases? Is there any advantage for us to file 2 for each person? One thing a little worried on this is that if they pick up my 485 cases earlier, monthes later, will USCIS only consider my 485 cases as valid cases and still keep it pending?

    For us, since both are valid options since both employers are willing to sponser our cases. We are totally not familiar with this process and not sure which one should be a better solution for us.
    We would extremly appreciate your any advice. It has been LONG waiting and we really want to make it a last safe step!

    Regards,
    waitongc

  • #2
    Hi, experts,

    Here is the situation we are having. Hopefully someone could help us here:

    My LC/140 have been approved but PD is end of last year. My wife just got her LC approved from backlogging center and her PD is 2003. Because of recent DOL visa bulletin, we both suddenly are all eligible for filing 485.
    Here is the question. What should we do? From all sources, seems 2 options here:

    1. I file 485 based on my approved 140 for me and my wife as the Dependent. My PD is 2006 so it will be most likely be retrogressed sometime later. we could notify the USCIS that we wish to use my wife's approved I-140 Petition as the basis of adjustment and make her the Principle Applicant and me the Dependent.
    2. We both file 485 for each other so we both have two 485s. It seems that only one 485 will be approved but not sure how USCIS will process both internally? Are they gonna pick up both and just approve one or pick up the earliest one they touch?
    In what order do USCIS queue 485 and pick up cases? Is there any advantage for us to file 2 for each person? One thing a little worried on this is that if they pick up my 485 cases earlier, monthes later, will USCIS only consider my 485 cases as valid cases and still keep it pending?

    For us, since both are valid options since both employers are willing to sponser our cases. We are totally not familiar with this process and not sure which one should be a better solution for us.
    We would extremly appreciate your any advice. It has been LONG waiting and we really want to make it a last safe step!

    Regards,
    waitongc

    Comment


    • #3
      Your option number 1 is the more logical thing to do. But aside from your priority dates, you should also consider the employer's "ability to pay" and "continuing offer of employment" factors which are the main pillars for a successful I-140.

      The USCIS is processing cases on a first come - first serve basis, but processing times have been muddled by their recent case assignments by service center - by form.

      Comment


      • #4
        thanks for reply. On 485 processing, if PD get retrgoressed, how will USCIS treat my 485 if we don't change underlying 140? will they just stop any processs or will still continue processing but just can not approve it since no visa number is current for my case?

        Again, appreciate your insight.

        Comment


        • #5
          also, i noticed below and it seems quite different from what you just said on 485 processing. Are they still processing on PD or in first come first serve manner as you said?

          Any official doc/site?

          >>http://www.usimmigrationlawblog.com/...ffect-you.html
          Many have asked, how will this retrogression affect my pending I-485 application? The processing is completed in the order of priority date. The priority date is the date that your Labor Certification application was accepted for processing and this determines where you stand in the line of processing. Cases that are already filed and being worked on by the USCIS may still be processed, but an approval could not be issued until your priority date becomes current. Similarly, if your I140 is pending or approved, an I485 application cannot be filed on your behalf until the priority date becomes current. In many cases this could take several years.

          Comment


          • #6
            Ow, OK, now I understand, you're confused with two dates: "priority date" and "processing date."

            Let me put it this way:

            Alien A has an LC/EB-3 with "01/01/2006" priority date.

            Alien B also has an LC/EB-3 but with "01/01/2003" priority date.

            This month, June, when the Visa Bulletin is retrogressed for most countries for EB-3, Alien A couldn't file I-140 & AOS, but Alien B could.

            But as you know, by next month, July, (almost) all visa categories would turn "C" or current. So by next month, both Aliens A & B can file I-140 & AOS concurrently.

            Priority date is the eligibility to file for an AOS because the visa is already "current" or available. But processing date is different.

            Let's say by next month Alien A files for AOS during the first week, but Alien B files in the third week; then Alien A's AOS application will be adjudicated first compared to Alien B's because Alien A comes ahead in the queue.

            Comment


            • #7
              I see. Thanks! Here is the another question I am also confused, plz shed light on it!

              What if I am laid off after I file 485:
              1. Does 485 belong to me or the company?
              2. The lawyer is hired and paid by the company. Does the lawyer or the company have the right to revoke my 485 application?
              3. Is the lawyer still responsible for my case even after I leave the company?

              Thanks for any advice!!

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by waitongc:
                I see. Thanks! Here is the another question I am also confused, plz shed light on it!

                What if I am laid off after I file 485:
                1. Does 485 belong to me or the company?

                The I-485 "belongs" to you as you signed for it and that's "your" application. Well, depending on what you mean by "belong," because you filed your I-485 based on the I-140 that "belongs" to the company.

                2. The lawyer is hired and paid by the company. Does the lawyer or the company have the right to revoke my 485 application?

                Yes, but it's more on revoking the I-140. But even if either the employer or lawyer revokes it, if your I-485 is already filed and pending for 180 days, you can transfer to another employer (the same job category and business classification - no need for new laborcert and I-140) pursuant to AC21 Act of 2000.

                3. Is the lawyer still responsible for my case even after I leave the company?

                No, if you're eligible for AC21 benefits. Yes, if you're not.

                Thanks for any advice!! </div></BLOCKQUOTE>

                Comment


                • #9
                  Thanks for you good answers!

                  For a couple to apply for green card, if me as a applicant and my wife as a dependent, is it required that applicant to get GC first then applicant or any order?

                  I ask it because there is a name check involved so it is possible one takes 5 days the other take 2 years.

                  Comment


                  • #10
                    ... seldom happens, or not yet as far as I know.

                    Comment



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