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When can i apply for I-485 if I'm on EB-2 India and my priority date is oct 31, 2012 and my i-140 got approved on Jun, 2013?

Norcross, GA |

& also when can i get EAD for myself and my family?

Attorney Answers 5


  1. Best answer

    Congratulations upon your I-140 Approval in the Employment Based Second Preference visa category. Unfortunately there is a considerable backlog for visas to become available to Indian nationals in this visa category -- the July, 2013 Visa Bulletin issued by the U.S. Department of State (http://travel.state.gov/visa/bulletin/bulletin_5993.html) shows visas now are currently available for Indian nationals with Priority Dates of September 1, 2004 or earlier. While that may appear to be a backlog of approximately 9 years for a newly filed case, in fact visa backlogs change frequently. For an EB2 Priority Date in October, 2012, it would be reasonable to estimate that visas will become available in another 7 - 12 years. Only when a visa becomes "currently available" may a foreign national file an Application for Adjustment of Status (Form I-485) with an accompanying application for an Employment Authorization Document (EAD). It would be wise to engage an immigration attorney to examine eligibilities and options that may apply during the years it will take for the EB2 visa category to become "current" for an Indian national with a Priority Date in October, 2013.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com


  2. Second preference for India is available for filings prior to September 1, 2004, for July. You cannot file yet.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  3. I agree with Attorney Soloway. You can do contemporaneous filing.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. When the priority date becomes current. The movement of priority dates cannot be predicted.

    For the latest visa bulletin see http://www.engnishimura.com/priority-dates/current

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  5. Visit: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCRD&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60aRCRD

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.

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