EB1 & Priority Date Retrogression


Attorney_22

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This week, Murthy Law Firm attorneys will answer questions regarding EB1 petitions and priority date retrogression.

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My I-140 is approved from previous employer but while filing I-140 through new employer lawyer is asking for approved I-140 approval notice/I797 but I just have USCIS screen shot with SRC151835#### number as my previous employer didn't provide it saying it contains company's information. My new employer's lawyer is saying that he is not sure that USCIS will port priority date on the basis of SRC number. Kindly advise what I can do..

 

 

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On 5/11/2017 at 11:04 PM, ashish.sharma9@gmail.com said:

 

USCIS will usually retain the priority date from an earlier approved I-140 when you can provide the Receipt Number, but not always. Therefore, it is best to include a copy of the I-140 Approval Notice if you can. You can also submit a FOIA request to obtain evidence of the prior approval. 

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On 5/12/2017 at 10:57 AM, quantumquark said:

What exactly does it mean when the priority date for EB1 retrogresses to 2012? Will people who have priority dates after 2012 who have applied I-485 while the priority date was current not get their green cards?

A green card cannot be issued when the priority date is not current (with minor exceptions). However the processing of the petition can continue so that when the priority date is current again, the green card can be issued promptly. 

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Hello,

My EB1C was applied for in July 2016 everything was approved and I received my Green card in December 2016.

My dependent (wife & daughter)  I485 was applied for in 3 November 2016 .( before my I140 was approved).

My dependents have gone through biometric and have both received EAD & I131 document. However there I 485 is still pending.

My Questions are outlined below :

1. The texas center is currently processing Decemeber & jan applicants, so we are outside our normal processing window? can we do to anything ? we spoke to an Infopass officer who said the case is processing along and its not stuck anywhere its just taking time ? is this normal ?

2. Our service request on whay the case is taking so long received a standard response saying we are reviewing it and you should have a decesion in 60 days ? Given the retrogression that goes into effect June 1st , when should we raise the next service request ?

3. If EB1 becomes current in October and the case is not approved by end of October 2017, I fear we will get and RFE as medical reports will be a year old ? is there a way to preemptive send revised medical reports before you get an RFE for it ?

5. Given the primary applicants already has his green card , does me changing jobs impact my dependents i485 approval chances ?

6. If I get laid off for any reasons before dependents I485 is approved ? will it impact my dependent i485 approval process ?

 

SBP

 

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On 5/20/2017 at 11:12 PM, SBP-Boston said:

Hello,

My EB1C was applied for in July 2016 everything was approved and I received my Green card in December 2016.

My dependent (wife & daughter)  I485 was applied for in 3 November 2016 .( before my I140 was approved).

My dependents have gone through biometric and have both received EAD & I131 document. However there I 485 is still pending.

My Questions are outlined below :

1. The texas center is currently processing Decemeber & jan applicants, so we are outside our normal processing window? can we do to anything ? we spoke to an Infopass officer who said the case is processing along and its not stuck anywhere its just taking time ? is this normal ?

2. Our service request on whay the case is taking so long received a standard response saying we are reviewing it and you should have a decesion in 60 days ? Given the retrogression that goes into effect June 1st , when should we raise the next service request ?

3. If EB1 becomes current in October and the case is not approved by end of October 2017, I fear we will get and RFE as medical reports will be a year old ? is there a way to preemptive send revised medical reports before you get an RFE for it ?

5. Given the primary applicants already has his green card , does me changing jobs impact my dependents i485 approval chances ?

6. If I get laid off for any reasons before dependents I485 is approved ? will it impact my dependent i485 approval process ?

 

SBP

 

Due to the complexity of your questions, and the various events that could occur, it is advisable to call our office to speak with one of our attorneys over the phone. 

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