I-140 approved, to file I-485 when PD is current?

Silverdragon102, BSN · Nov 25, 2008

I see this all the time in other entries, but what does it exactly mean with the priority date being current? before you can file the 485/AOS even after the 140 has been approved?
i just thought that with the 140 being approved, you can go ahead and file the 485 and 765/EAD? or do i really have to follow the dates posted in the visa bulletin?
and one last question, does the visa bulletin apply to those who apply from the US? or only to those who apply from the foreign country?
sorry for the many questions...but i really just want to clarify things... thanks!

For you to file 485 visas have to be processed at the date of your application ie PD. Just because you get approval and in the US means nothing. Example your PD is 31st November 2005 when you check the PD that is currently being processed it is Jan 2005 therefore you can not file 485 and do AOS. So yes you really do have to follow the dates on the VB The only way for that to happen at the moment is if all visas are current and doubt that will happen for a long time. The VB applies for all application regardless on where you are living and also goes on where you was born. If you are in the US on a different visa you are not able to stay in the US and wait to be processed if your current visa expires or not renewed.

suzanne4, RN · Nov 25, 2008

Unless visas are current, then the I-485 cannot be sumitted as it is on hold by the US government. They are not accepting it at this time due to the retrogression being in place. Only the I-140 can be submitted at this time as it is not covered under the retrogression.

And a requirement for the I-485 is that one is actually in the US since it is part of the AOS procedure, or Adjustment of Status.

Since the government got forced into opening their window to accept these petitions about 17 months ago, and 800,000 were submitted, do not expect to see things open up for more than 5 years if you do the math.

Not sure why you were not told about all of this by your immigration attorney that did your paperwork, or even by the employer.

CP or Consular Processing is what is used when one is out of the US, and they never use the I-485. They use what is called a DS-230 plus other requirements.