Dates for filing of 485

[chpr123]

Hello Gurus,

My priority date is 3rd quarter of 2010 - India
Have a question w.r.t "Dates for filing for Employment based application" . My company attorney says that this chart can be used for filing EAD and AP.he estimates that I should be able to file by end of 2017 or early 2018 for EAD.

But the uscis website doesn't always say we can use this chart. Could you please confirm if my company attorney is correct and I will be able to file for EAD based on the Dates for Filing.

[nbk1976]

Hello Gurus,

My priority date is 3rd quarter of 2010 - India
Have a question w.r.t "Dates for filing for Employment based application" . My company attorney says that this chart can be used for filing EAD and AP.he estimates that I should be able to file by end of 2017 or early 2018 for EAD.

But the uscis website doesn't always say we can use this chart. Could you please confirm if my company attorney is correct and I will be able to file for EAD based on the Dates for Filing.

What is your category EB2 or 3?

[Spectator]

Hello Gurus,

My priority date is 3rd quarter of 2010 - India
Have a question w.r.t "Dates for filing for Employment based application" . My company attorney says that this chart can be used for filing EAD and AP.he estimates that I should be able to file by end of 2017 or early 2018 for EAD.

But the uscis website doesn't always say we can use this chart. Could you please confirm if my company attorney is correct and I will be able to file for EAD based on the Dates for Filing.

chpr123,

Being able to file for an EAD and AP is a benefit of a pending I-485.

At such time as you are able to file an I-485, you will also be eligible to file for an EAD and AP.

You will be able to file for an I-485 when EITHER:

a) The Filing Chart shows a date later than your PD in the your EB category.
AND
b) USCIS allows you to use that chart rather than the Final Action Chart for that month.

OR

c) The Final Action Chart shows a date later than your PD in the your EB category.

For a Q3 2010 PD (presumably in EB2-I), I personally think that neither of the above conditions are likely to be fulfilled in the date range in your post.

[nbk1976]

So, when the PD gets current and USCIS sends the RFE, do they hold a visa number for you for a few weeks for you reply to the RFE?

Or is your case just put back into storage for 3 months, and if after that if a visa is still available, they assign one to you?

Thanks.