Employment Based Consular Processing as per Oct 2020 Visa Bulletin

[Amit Jain]

Hi,

I filed my GC in EB3 with priority date Oct2010 and came back to India two year back. As per the Oct 2020 Visa Bulletin for Employment based category "Final Action date" is 15 Jan 2010 and "Dates for Filing" is 1 Jan 2015. I am currently in India and do not have valid visa to come to USA. It seems "Dates for Filing" can be used for filing I-485. But that require person to be present in USA.

Please suggest what options i have to take my case forward while i am in India. 

[ramachan]

On 10/4/2020 at 1:10 PM, Amit Jain said:

Hi,

I filed my GC in EB3 with priority date Oct2010 and came back to India two year back. As per the Oct 2020 Visa Bulletin for Employment based category "Final Action date" is 15 Jan 2010 and "Dates for Filing" is 1 Jan 2015. I am currently in India and do not have valid visa to come to USA. It seems "Dates for Filing" can be used for filing I-485. But that require person to be present in USA.

Please suggest what options i have to take my case forward while i am in India. 

I'm also in same boat, please let me know if you find answer

[JoeF]

For Consular Processing, if it wasn't specified on the I-140, form I-824 needs to be filed. That would result in the file being sent to the National Visa Center, which then would contact you for payment, and would send the file to the Consulate. You then would get a letter from the Consulate for the interview.

[snrn]

I'm interested in knowing about this as well. My understand is that Consular Processing is only getting green card based on 'final action date'. Can it also be used for filing AOS/I-485 based on 'date of filing', and getting EAD?

In any case, I believe we need an offer letter from the original employer whose I-140 would be used for AOS, right?