Q: Can I file i485& i765 since i140 has been approved with Dec 2023 PD. My PD is not current, am on F1visa from Africa
I am on F1 visa and studied in the united states. Currently working as an RN Nurse with my OPT. My employer got an approved i140 on my behalf, with Priority date of December 2023, but I was told they cannot file i485 & 1765 petitions until my priority date becomes current.
A: I-485 based on approved I-140 cannot be filed if priority date is not within the cutoff dates in the visa bulletin https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-january-2024.html
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A:
You're correct in understanding that the filing of Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-765 (Application for Employment Authorization) is contingent on your priority date becoming current. Since your I-140 (Immigrant Petition for Alien Worker) has been approved with a priority date of December 2023, you will need to wait until this date becomes current in the Visa Bulletin before proceeding with the I-485 and I-765 applications.
The Visa Bulletin, issued monthly by the U.S. Department of State, indicates when visas are available based on one's priority date and country of chargeability. It's important to monitor this bulletin regularly to know when you can move forward with your applications.
In the meantime, maintaining your F1 status and complying with all its requirements is crucial. This includes adhering to the terms of your Optional Practical Training (OPT) as an RN Nurse. Keep in close communication with your employer and consider seeking advice from an immigration attorney to ensure you navigate this process accurately and efficiently.
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