I am considering filing my I-485 even though I am not eligible based on the revised visa bulletin. What’s the worst that could happen? If it gets rejected, would I be able to file in the future using the same I-140?

Answer

If the case is filed prematurely and rejected, this would not prevent the I-140 from being used again for a later I-485 filing. The worst that could happen, other than wasting money and effort, is either (a) the case is wrongly accepted and denied later once the priority date issue is noticed; or (b) it will be sitting in a “reject” pile for a while until it is returned – potentially past a month when it could be filed, forcing you to redo the entire application. While we filed cases in July 2007 even after the VB was changed, at the moment we are not suggesting that approach. Of course, things are in flux at this time. So, we are still evaluating the matter.  (28.Sep.2015)

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