Am I eligible to file for my I-495? 4 Answers as of January 25, 2011

I live and work in the U.S since 2007 (H1-B exp. 09/2011) and I was 20 days before my priority date for my other petition as a F4 category when the retrogression has suddenly rejected me two years ago. I guess that I am not eligible in any way to fill for my I485 like I was planning to do? Thank you.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
In order to file the I-485 the Visa Chart must show that your Priority Date is earlier than the date listed on the chart. The Visa Bulletin publishes this the tenth of the month prior so you have time to get your medical and other documents together. If you want our help with your case now that it is so close, contact me as indicated below and I will advise you of the procedures, documents and fees so you can get ready to file as soon as it is current again.

http://travel.state.gov/visa/bulletin/bulletin_1360.html
Answer Applies to: California
Replied: 1/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
No, you don't have a base for it
Answer Applies to: Florida
Replied: 1/17/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You must wait for your priority date to be current before filing your I-485.
Answer Applies to: California
Replied: 1/17/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You are correct. If your priority is no longer current you cannot file for adjustment of status. If your petition was filed before April 1, 2001 you may be eligible to file for adjustment of status even after your H1B expires. However, you should check with an immigrant attorney to see if you qualify.
Answer Applies to: California
Replied: 1/17/2011
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