Dates For Filing Of Employment-based Visa Applications


email2kb007

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Hi,

 

 Here is the series of events happened in my GC filing.

 

 1) In 2007 Company ABC Applied my GC in EB3 Category

 2) Labor got approved

 3) I-140 was in Pending status 

 4) In 2010 Moved to another Company XYZ

 5) In 2011 Company XYZ applied my GC in EB2 category

 6) Labor got approved

 7) I-140 got approved and received the priority date from EB3 application which is Dec 2007 (date got ported from Eb3)

 8) I-140 of EB3 got Declined

 9) Since the date was ported from EB3 and the EB3 I-140 got declined, opened a service request with USCIS asking for the priority date validation

10) Did not receive any response for the service request from USCIS

 11) Then EB2 dates moved to 2008, since my given date is Dec 2007 we filed I-485 application & EADs.

 12) I-485 & EAD applications were accepted and got EADs too (given finger prints too)

 13) Received an amended I-140 with the new priory date which is March 2011 (Date when my EB2 application was filed)

 14) Applied for EAD renewal (after 10 months) thinking they would be rejected but they were reewed fine

 15) All these dates i am continuing on H1B and never used EADs. And i am still with company XYZ.

 16) In Oct 2015 visa bulletin "Dates For Filing Of Employment-based Visa Applications"  specified the date is July 2011.

 

My attorney is saying since the old EADs were given in error then i should withdraw my current applications and re-apply fresh according to the new dates. No where USCIS mentioned that the current EADs are in-valid. In fact when i applied for EAD renewal they did not reject them.

 

So now the question is can i start utilizing my current EADs? Or do i have to re-apply I-1485/EAD with a new application as my attorney was saying. I was thinking we just need to indicate USCIS that now we qualify for EADs under the new date and dont need to refile them again. if that is the case then how to do that. I mean how to indicate USCIS to change the date in my current I-485 application.

 

Or do you say i have to really re-apply again.

 

I have never come across with anyone who faced similar situation.

Your help is highly appreciated. 

 

 

Regards,

 KB

 

 

 

 

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