I have my GC in process with I140 approved in 2011 with an EB3 (India) Priority date of March 2009. Based on the latest visa bulletin (July), the DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS for EB3 India is already 01MAY09 and the FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES for EB3 India is 01NOV08. I am on H1B with valid US visa expiring on May 2020. Please confirm whether i can apply for I485, I765 & I131 together now? If Yes, please let me know if there are any other files/forms i need to file along with. Also, please let me know the processing times for the above mentioned forms and to avail green card.
The visa bulletin has both a filing date chart and a final action chart. U.S.C.I.S. makes the decision every month as to which chart it will use. It has very seldom used the filing date chart for employment base cases. In the month of July, only the final action chart can be used. In your case, the final action date of November 1, 2008, for EB-3 India is not available for your priority date of March 2009. However,there is much hope for you as the availability date for the month of August has moved up to January 1, 2009. I do not imagine that there should be a problem for your priority date to become current before the ending of your H-1B in May 2020. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.