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labor approved. can we file concurrently for i 140 and 485

Discussion in 'Immigration Matters' started by mrudula, Mar 21, 2010.

  1. mrudula

    mrudula Senior IL'ite

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    Hi ladies

    We have a labor approved long back. but we didnt apply for 140. can we apply for both now? are they accepting them now? we didnt apply because we are not sure whether to stay here or not. but now we want to apply. any information will be greatly appreciated.

    thanks
    mrudula
     
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  2. chocolate

    chocolate Platinum IL'ite

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    Mrudula, What is your Priority Date and Category? Also what is your country of birth on the Green Card application?

    Your concurrent filing of next stages is dependent on all the above factors.Reply to this and I can help you to the best of my knowledge. Good Luck.
     
  3. Mythraeyi

    Mythraeyi Silver IL'ite

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    Hi,

    You can apply for I-140 even if your priority date is not current. To file concurrently your priority date has to be current. It is better to file you I-140 as it takes a few months to process.
     
  4. mrudula

    mrudula Senior IL'ite

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    thanks ladies for ur replies

    chocolate

    ours is EB3 category. birth country is india. what is this priority date? i heard people mentioning about it regarding i 485. so for i 140 also, we need the priority date to be current? (actually, i have no idea about all this stuff!!!)

    thanks
    mrudula
     
  5. chocolate

    chocolate Platinum IL'ite

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    Mrudula, Priority Date is the date on which the Green Card labor application was officially accepted by Labor Department.If you have cleared the first stage of labor the labor approval has the Priority Date(PD).If your PD is as early as 2001 then you are in luck. Now they are being processed. Otherwise you can file 1-140 and wait for the PD to be current to file for next stages.i.e 485,EAD,AP.If you can post the reply to this I can try to help.

    Also try to look at immigration sites. Thats how I came to know lots of things.Its definitely time well spent. Good Luck.
     
    Last edited: Mar 22, 2010
  6. SriVidya75

    SriVidya75 Platinum IL'ite

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    You can apply for I140 after your labor is approved. But after I140 approval,you need to wait for your priority date to be current to file for I485

    Priority date is something the date when your labor application was filed.
     

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