FAD Current but PERM pending with new employer


I have moved to a new employer a while ago. Unfortunately or fortunately, my both DOF and FAD dates have become current (PD is May, 2014) while my new employer PERM is pending (still at PWD stage). So my questions are:

  • Is there a time limit once the FAD date becomes current for my employer to apply for I-485? Like within 12 months or so irrespective of retrogression ? Or am I mistaken?

  • Secondly, how long is the PERM taking these days?

  • Thirdly, can I apply for I140, I485 and Medicals all at once if my FAD stays current?

Thanks in advance.

USCIS expects that the beneficiary files for AOS within 12 months of the date getting current however you can still file AOS in future if you date is current at that point in time. The issue though will be H1B extensions while your PD is current and USCIS may approve for a period of one year at a time if you prove that the circumstances are out of your control to be able to file AOS.

Anywhere from a 12 to 18 months (including PWD which may take up to 6 months) based on whether your PERM is selected for an audit.


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Thank you for the response. But when you say PD is current in question A, did you mean for DOF or FAD?

Based on which chart your PD is current (if its current in FAD, it will be current in DOF) and whether USCIS will allow under DOF at that point in time if only current in DOF but not FAD.

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Yes my PD for FAD is current too.

But, Just to make sure I understand, what you meant was that USCIS will accept after 12 months only if my DOF PD is current but not FAD? What if FAD PD is also current even after 12 months, what happens in that situation? Please let me know.

Sorry for the confusion. Whichever chart it is current you can use it however filing under DOF is not always available though. USCIS visa bulletin site will tell if USCIS is allowing to use DOF or not.

Say your PD is current under DOF but not in FAD at the time you file concurrently, and if USCIS is allowing to file under DOF, you can file I-140/485/765/131 however your 485 will not be processed unless your PD is current in FAD chart, rest applications can be processed and approved.

If your PD is current under FAD, you can file all above applications concurrently however I-485 won’t be processed till your I-140 is approved.


Thank for these detailed responses. Appreciate it.

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