Spook

Hello All,
According to the USCIS website, a person can file their I-485
concurrently with their I-140 only if there are Visa's available for
their particular country of origin.

Currently my application is employment based, third preference from the
Philippines. The Sept 2006 Visa Bulletin says that they are processing
March 2002 for the oversubscribed group.

I guess this means I won't be able to ...right?

If this is the case when can I apply for the I-485?

My ultimate goal is to be able to be employed by another company (doing
the same IT job of course) after the 180 day waiting period after
filing the I-485?

Thanks in advance....

NCTarheel

You can file when the visa bulletin shows your priority date to be "C" for current.

Fourth Quark

"NCTarheel" <member48942@british_expats.com> wrote in message
news:[email protected] m...
    >> Hello All,
    >> According to the USCIS website, a person can file their I-485
    >> concurrently with their I-140 only if there are Visa's available for
    >> their particular country of origin.
    >> Currently my application is employment based, third preference from
    >> the
    >> Philippines. The Sept 2006 Visa Bulletin says that they are processing
    >> March 2002 for the oversubscribed group.

That is not correct. Here's what the visa bulletin's dates really mean:
"During September 2006, only those EB-3 applicants born in the Philippines
may file their 485's whose priority date was March 2002 or ealier."

This is not the same thing as "we're currntly processing March 2002 cases".
For all we know, they might be processing Jan 2001 cases. They're simply
allowing March 2002 applicants to **file**. (No word on when the filed
case will be adjudicated.)

Alright, now that that's clear (I hope), let's move on...

    >> I guess this means I won't be able to ...right?

Yes, that's right. You can file the 140 at any time after your Labor Cert
gets
approved.

    >> If this is the case when can I apply for the I-485?

Read the Dept of State's visa bulletin every month. You can file in any
month during which the cut-off date for applicants is equal to or later than
your own priority date.

    >> My ultimate goal is to be able to be employed by another company
    >> (doing
    >> the same IT job of course) after the 180 day waiting period after
    >> filing the I-485?

Once the 485 is filed, you'll ve able to switch after 180 days.

If you're laid-off AFTER your 140 has been approved, you'll need
to find a new job super-quick and ask the employer to do your H1, LC
and 140 again. The good thing is, after this new 140 is approved, you'll
be able to file your 485 USING YOUR CURRENT LC'S PRIORITY DATE.

You cannot reuse an old PD unless a corresponding 140 was approved.

    >> Thanks in advance....
    > You can file when the visa bulletin shows your priority date to be "C"
    > for current.

NCTarHeel, that's a bit incorrect. Spook needn't wait for the letter "C" to
appear.
(In fact, the C need never appear on the visa bulletin at all -- even for
the next
50 years -- and yet all applicants will get a chance to file their 485's.)
He/she can
file when his/her PD is earlier than the cut-off date mentioned in the
bulletin.