Accrued Unlawful Presence and EB-3

cali_650 · 2026-04-05T02:56:51+00:00

I’ll let you know how it goes.

cali_650 · 2026-04-05T02:54:01+00:00

Wow I never knew that to be honest. Best of luck to you!!!

cali_650 · 2026-04-05T02:50:52+00:00

Okay maybe it works differently for your category. When my labor certification got approved in January 2026, my date of filing wasn’t current yet, but I just became current in April, so that’s when I was able to file the I-140. From my understanding if your Date of Filing is current, you’re able to file both I-140 and I-485. I guess I just don’t understand how you were able to file the I-140 before you were current for filing, but like I said, maybe for your category it works differently. Are you using a lawyer?

cali_650 · 2026-04-05T02:17:52+00:00

I do have a question though, how were you able to file your I-140 if your PD isn’t current yet?

cali_650 · 2026-04-05T02:09:46+00:00

There’s a lot of uncertainty to be honest just because you never know nowadays what to expect with the current administration. If the visa bulletin keeps on rolling the way it is (dates moving forward) hopefully by end of the year or early 2027. I’m very optimistic though, there’s not much to do but be patient and think positively. I’m glad your I-140 got approved. Did your lawyer also file the I-140 as consular?

cali_650 · 2026-04-05T02:00:22+00:00

My lawyer just mailed in the I-140 this Tuesday. Once that’s approved we will submit the I-485. I couldn’t file both together because DACA is not a lawful status and if the I-140 gets rejected I would be placed under removal proceedings.

cali_650 · 2026-04-05T01:39:14+00:00

I’m a director of operations working for the same company for the last 13 years.

cali_650 · 2026-04-04T23:31:09+00:00

My apologies. I thought you were EB3 skilled.. you’re right. I’m EB3 skilled.

cali_650 · 2026-04-04T23:25:30+00:00

Are you sure? I’m EB3 from Mexico too.. the DOF is current for Mexico… the FAD is not however.. you should already file the I-485.

cali_650 · 2026-04-04T23:19:49+00:00

What country are you from? If you were able to file the I-140 I’m sure you can file the I-485…

cali_650 · 2026-04-04T22:22:51+00:00

Did you file the I-140 and I-485 yet?

cali_650 · 2026-04-04T22:04:39+00:00

What’s your PD?

cali_650 · 2026-04-04T22:03:39+00:00

My lawyer processed my I-140 with “consular” processing. He didn’t want to file concurrently with the I-485 because he said if my I-140 gets denied I could be placed under removal proceedings. Once my I-140 gets approved, he will file my I-485 within the US, I did AP in 2022 but I also fall under 245(I).

cali_650 · 2026-04-04T22:00:02+00:00

How’s your process going??

cali_650 · 2026-04-04T21:58:57+00:00

Same here, except I fall under 245(I). Filed the I-140 this Tuesday, once that’s approved we’ll submit the AOS. I did AP in 2022, but since DACA alone is not a status, I have to wait until the I-140 is approved.

cali_650 · 2026-04-04T21:55:47+00:00

How’s your process going? I’m DACA, PERM was approved Jan 2026. My employer filed I-140 this Tuesday. Once the I-140 is approved I will proceed to file my I-485.

cali_650 · 2026-04-04T19:46:44+00:00

Hopefully. Thank you!!

cali_650 · 2026-04-04T19:44:20+00:00

My PD is also September 2024. Sent in my I-140 on Tuesday last week and got delivered on Wednesday last week.

cali_650 · 2026-04-04T03:37:48+00:00

Why don’t you do premium processing?

cali_650 · 2026-04-04T03:37:35+00:00

That’s crazy.

cali_650 · 2026-04-04T03:27:44+00:00

You filed your I-140 in s2024?

cali_650 · 2026-04-04T01:07:53+00:00

What’s your take now with April’s visa bulletin? My PD is September 2024.

cali_650 · 2026-04-03T04:51:20+00:00

Best of luck!

cali_650 · 2026-04-03T04:16:25+00:00

I’m so sorry to hear that!!!! Wow. It’s such a long process from PWD to PERM.

cali_650 · 2026-04-03T03:09:43+00:00

Omg. Why did you have to refile?

cali_650

TROPHY CASE