If my company misses filing my I-485 when my PD is current and the priority date retrogresses, would I have to wait for the PD to become current again in order to file?


An I-485 generally can only be filed if the priority date is current. If the PD retrogresses before the I-485 is filed, the beneficiary must wait until it becomes current again. That being said, note that the beneficiary can file the I-485 directly, as opposed to having it filed by the employer. The position must still be available and the employer should provide an offer letter to include with the I-485 filing, but it can still ultimately be filed by the employee. (27.Apr.2015)

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