More details to this question:
I live and work in the U.S since 2007 (H1-B exp. 09/2011) and I was 20 days before my priority date for my other petition as a F4 category when the retrogression has suddenly rejected me two years ago. I guess that I am not eligible in any way to fill for my I485 like I was planning to do? Thank you.
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
In order to file the I-485 the Visa Chart must show that your Priority Date is earlier than the date listed on the chart. The Visa Bulletin publishes this the tenth of the month prior so you have time to get your medical and other documents together. If you want our help with your case now that it is so close, contact me as indicated below and I will advise you of the procedures, documents and fees so you can get ready to file as soon as it is current again.
http://travel.state.gov/visa/bulletin/bulletin_1360.html
Answered on Jan 25th, 2011 at 12:13 PM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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You must wait for your priority date to be current before filing your I-485.
Answered on Jan 17th, 2011 at 4:58 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
You are correct. If your priority is no longer current you cannot file for adjustment of status. If your petition was filed before April 1, 2001 you may be eligible to file for adjustment of status even after your H1B expires. However, you should check with an immigrant attorney to see if you qualify.
Answered on Jan 17th, 2011 at 4:43 PM