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Attorney_22

Preparing for a Current Priority Date

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This week, Murthy Law Firm attorneys will answer questions from those with current priority dates, or for those who expect to be current in the near future.    

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

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Hi, My priority date is October 12th 2010 in EB2I category. I applied for 485, EAD and AP in early October 2020 and already received EAD two months ago. I did not submit my Medicals at the time of applying 485 in October. My priority date may become current in next 3months or end of this year. So Do I need to wait until I receive RFE for medicals from USCIS or Is it Ok to submit my medicals now? Please suggest if you know any pros or cons for submitting medicals without RFE.

Thanks

Raghu

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My priority date is current under April bulletin for EB2. 

I have received biometrics appointment.
 

1.What is next expected w.r.t to time lines to get final GC.

2.How likely Is it possible to retrogress of dates at this point ? 

3. my passport is out for renewal. Will biometrics appointment accept STATE ID as a form of photo identification ? 
 

thank you! 

 

 

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I am from India with EB1C priority date of Jul, 2018. I have applied my Adjustment of Status and EAD/AP in Nov'20 and completed the biometrics already. My priority date has been current since Nov'20. I did not submit my medicals at the time of applying my AOS. Please let me know if I must proactively submit my medicals, without waiting for RFE, to expedite the AOS process?

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I am on L1A VISA and my spouse and child are on L2 dependent VISA. I have recently applied for Adjustment of Status and waiting for i485 EAD for myself and the dependents. After receipt of EAD, whether my dependents can work using their EADs while I continue to be on L1A VISA as I would like to continue with my L1A VISA until I receive the Green Card?

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My priority date is April 8, 2010 in Eb-3. I changed my employer, who is yet to start my greencard process. Since, my priority date is already current and I-140 is from previous employer, will there be issue in porting the priority date to my new employer (once they start my greencard?). I understand, when the new employer files my PERM and that gets approved, at the time of I-140 I can use my existing priority date and also concurrently apply I-485 and Greencard. Please let me know if my understanding is correct. Thank you in advance.

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My relative's priority date is current under family immigration  (relative is currently in home country).  The fees have already been paid online.  Next step is to fill out form I-864, affidavit of support.  Please suggest any guidelines to keep in mind for all the steps required in family immigration.  Thanks for your help, in advance.

Edited by Zodiac System

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Hi, My priority date is October 10, 2009 and in Feb 2021 bulletin, my PD become current. I attended interview in NYC Office on Dec 12, 2012 and interviewing officer gave me a letter (text may not be the same, but meaning is mentioned) "Priority date retrogressed, no available visa numbers". In January 2013, I received a email that "our office received your file" (not sure which office is that). 

My question is as my PD is current, and till date I have not received any communication or GC or RFP. What should be my next step....whether to wait or call them etc. Help me on this.

Edited by MSRC

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Hi, My priority date is October 10, 2009 and in Feb 2021 bulletin, my PD become current. I attended interview in NYC Office on Dec 12, 2012 and interviewing officer gave me a letter (text may not be the same, but meaning is mentioned) "Priority date retrogressed, no available visa numbers". In January 2013, I received a email that "our office received your file" (not sure which office is that). 

My question is as my PD is current, and till date I have not received any communication or GC or RFP. What should be my next step....whether to wait or call them etc. Help me on this.

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Hi, 

My Priority date of Apr 2010 is Current with April 2021 Visa bulletin. I've filed for I-485 Adjustment of Status in 2012 (Biometrics done in 2012, and updated my Medical Records last year). Please advise on my next steps

Now that the PD is current, do i need to do anything from my side? Specifically

Do i need to schedule an interview, or will USCIS contact me?

Do i need to get biometrics one more time?

Any other next steps?

 

Thanks!

 

 

 

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On 3/18/2021 at 9:14 PM, Raghuma said:

Hi, My priority date is October 12th 2010 in EB2I category. I applied for 485, EAD and AP in early October 2020 and already received EAD two months ago. I did not submit my Medicals at the time of applying 485 in October. My priority date may become current in next 3months or end of this year. So Do I need to wait until I receive RFE for medicals from USCIS or Is it Ok to submit my medicals now? Please suggest if you know any pros or cons for submitting medicals without RFE.

Thanks

Raghu

Generally, it is advisable to wait for either an RFE or an interview. This is because USCIS is notorious for losing documents when there is not a corresponding bar code for routing purposes. 

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On 3/18/2021 at 10:17 PM, Chinnu3 said:

I am from India with EB1C priority date of Jul, 2018. I have applied my Adjustment of Status and EAD/AP in Nov'20 and completed the biometrics already. My priority date has been current since Nov'20. I did not submit my medicals at the time of applying my AOS. Please let me know if I must proactively submit my medicals, without waiting for RFE, to expedite the AOS process?

See response above. 

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On 3/18/2021 at 10:22 PM, Chinnu3 said:

I am on L1A VISA and my spouse and child are on L2 dependent VISA. I have recently applied for Adjustment of Status and waiting for i485 EAD for myself and the dependents. After receipt of EAD, whether my dependents can work using their EADs while I continue to be on L1A VISA as I would like to continue with my L1A VISA until I receive the Green Card?

Yes, your dependents can use the EAD based on the pending I-485. 

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On 3/18/2021 at 10:59 PM, SriJon said:

My priority date is April 8, 2010 in Eb-3. I changed my employer, who is yet to start my greencard process. Since, my priority date is already current and I-140 is from previous employer, will there be issue in porting the priority date to my new employer (once they start my greencard?). I understand, when the new employer files my PERM and that gets approved, at the time of I-140 I can use my existing priority date and also concurrently apply I-485 and Greencard. Please let me know if my understanding is correct. Thank you in advance.

Since you are looking for advice regarding your specific circumstances and the options available to you, it is best to call our office and speak with one of our attorneys. 

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On 3/19/2021 at 11:07 AM, Zodiac System said:

My relative's priority date is current under family immigration  (relative is currently in home country).  The fees have already been paid online.  Next step is to fill out form I-864, affidavit of support.  Please suggest any guidelines to keep in mind for all the steps required in family immigration.  Thanks for your help, in advance.

Your question is too broad to be sufficiently answered in the forum. I recommend calling our office and speaking with one of our attorneys. 

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On 3/19/2021 at 12:00 PM, MSRC said:

Hi, My priority date is October 10, 2009 and in Feb 2021 bulletin, my PD become current. I attended interview in NYC Office on Dec 12, 2012 and interviewing officer gave me a letter (text may not be the same, but meaning is mentioned) "Priority date retrogressed, no available visa numbers". In January 2013, I received a email that "our office received your file" (not sure which office is that). 

My question is as my PD is current, and till date I have not received any communication or GC or RFP. What should be my next step....whether to wait or call them etc. Help me on this.

I recommend starting with a Service Request for outside processing times. If that does not help, call our office and speak with one of our attorneys 

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On 3/22/2021 at 8:52 AM, rshaad83 said:

Hi, 

My Priority date of Apr 2010 is Current with April 2021 Visa bulletin. I've filed for I-485 Adjustment of Status in 2012 (Biometrics done in 2012, and updated my Medical Records last year). Please advise on my next steps

Now that the PD is current, do i need to do anything from my side? Specifically

Do i need to schedule an interview, or will USCIS contact me?

Do i need to get biometrics one more time?

Any other next steps?

 

Thanks!

 

 

 

USCIS will contact you if they need anything further. However, it is true USCIS processing is slow, and therefore, it may require you to follow-up with USCIS starting with a Service Request. 

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Hi

i applied for my H4 COS on August 24th 2020 , which is still pending . Meanwhile my husbands green card became current in oct 2020 , so we submitted our 485 forms . My husband has recieved his EAD Card , but my GC EAD  isn’t approved yet . Is the GC EAD pending approval due to H4 COS pending ? Biometric for H4 COS & I 485 is already completed .

 

also , please confirm if I can start working on GC EAD when approved & my husband can still continue working with his H1B visa ? Is there any clause to be aware of when I work on GC EAD  & my husband on H1B?

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