> On Apr 8, 11:20 am, mauwth wrote:
> >
> > I'm currently on H-1B and about to start the labor certification
> > process. Even though I read a lot about LC my lawyer keeps confusing
> > me.
> > I hope that you guys can shed some light on my questions.
> >
> > This is something my lawyer wrote to me today and honestly I have a
> > hard
> > time understanding what she means:
> >
> > "You cannot file your I-485/I-865 until your priority date is
> > current.
> > Your priority date is the day you file your Labor Certification - so
> > realistically, you will have a 2007 priority date. There is a 5-year
> > wait before you can apply for the greencard"
> >
> > What does "until your priority date is current" mean? As far as I
> > understand the priority date is the date I file my LC. So what makes
> > that date current?
>
> The USCIS makes the date "current". The USCIS publish information
> saying which priority dates are now considered current for different
> classes of people (typically depending on the applicant's
> nationality). Once your priority date has become current you can file
> your I-485, but not before. Many people have to wait many years for
> their priority dates to become current.
>
> > Can I file I-140 and I-485 together? I read somewhere else that I
> > can. What are the circumstances in which I could NOT file I-140 and
> > I-485 together?
>
> You can file your I-140 when your LC is approved, but you can't file
> your I-485 until your priority date becomes current. If your date is
> current before you file your I-140, you can file your I-485 at the
> same time.
>
> > I just checked the processing times for I-140 and I-485 and they are
> > less than a year or about a year for all service centers. So why
> > would
> > it take five years? Even if I file I-485 after the approval of I-
> > 140,
> > one year plus one year makes two for me, not five.
>
> Because you can't file your I-485 until your priority date is current.
You need to look at the visa bulletin to find out what dates are now
current. http://travel.state.gov/visa/frvi/bulletin/bulletin_3169.html
For the EB3 category, only people with priority dates of 01 Aug 2002 or
earlier can file the I-485. This is why you have been told you have a
wait of possibly 5 years.
--
Posted via http://britishexpats.com |