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
1 user found this answer helpful
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
