PDA

View Full Version : Filing I-485 when Priority date is not current.


DUNBAR
01-22-2010, 03:50 PM
How difficult would it be to work with the USCIS dept to "allow" filing of I-485 stage on a continuous basis when priority dates are not current? In the current scenario they are pre-adjudicating cases up to July 2007 and are allocating visa's number to them as and when DOS makes them available. They can might as well allow a continuous filing of 1-485, pre-adjudicate them, and then we can wait when DOS gives the visa numbers to get the GC. On the USCIS side of things they will at least reduce their deficit, from fees for i-485, EAD, AP, Renewals. On our side we get the EAD which eliminates employer dependency, visa stamping, visa renewal, proving employer-employee headache. This may sound like a baby step to streamline the GC process. Will this need any type of legislative effort? Is this possible?

validIV
01-22-2010, 05:57 PM
Shouldn't be difficult but it is the USCIS that we are talking about after all. Unless it is passed as law, it wont happen. A dual stage I-485 application process was being discussed last year but nothing came out of it. Piecemeal legislations will not pass as the public wants CIR not bandaids.

And FYI, EAD does not eliminate employer dependency—you still need an employer.

DUNBAR
01-22-2010, 08:32 PM
Thanks for replying back. I dont think we would need a change in legislaturel for USCIS to start accepting i-485 applications, when the PD's are not current. I'm sure there must be a way we are just not thinking differently. If we were talking about getting the GC, then yes we would need a change in the legislative process via or bill and so the hopes from CIR. Currently EAD does not mandate a need to prove an employer-employee relationship during renewal or issuance as in the case of a H-1B application.