I-485 Application for Adjustment of Status and Visa Availability


Dr. William:

My I-140 application is pending on Vermont Service Center. I want to know when can I file my I-485 Adjustment of Status? It is true that I must get I-140 approval and wait for visa availability?

The application for adjustment of status cannot be filed until an immigrant petition I-140 is approved and an immigrant visa is immediately available. The priority date determines the order of the visa availability. For employment-based petitions, the priority date is the date the labor certification was filed with the Department of Labor or the date the preference petition was filed with the USCIS if an LC was not needed. 

If your priority date is before the date indicated on the State Department monthly visa bulletin, for your category and your country, you may file for Adjustment during the month for which the chart is published.





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