Visa Bulletin

[rav29]

Hello Attorney,

 

I recently changed my role within the same company for which I have an approved I140. The new role requires the company to file a new LCA and I140. They havent filed that yet. But they told me that I will able to retain my priority date. My PD is Feb 2011.

 

Can I use my existing I140 (approved) and file for the I485? Or do I have to wait for my employer to file the new petition for the new role?

 

Thanks!! 

[axb1786]

I have approved I-140 with PD of Oct 2010 and H1-B beyond 6 years. I was planning to switch companies and put myself through labor process/ GC process again for a better opportunity given slow movement of PD's till last month.

With the new update in Oct visa bulletin, I am now eligible to apply for EAD and AP and have to rethink my decision of switching employers and need some advice.

I am unsure of what this EAD will provide me and would I be able to switch employers freely after getting EAD in this new regulation. How long does it take to get EAD and is holding off from moving employers the right strategy. Basically, I would have to let go of this new offer and need to make a decision.

Thanks

[yellow]

I have an alien # from a previous I 140 but now I am applying for I 485 bars on husband's I 140 date. Should I be mentioning my a# in my I 693 and other forms for me while filing as derivative or should I leave my a# blanks

[MMAB]

I have a very specific question. With new provisions in visa bulletin I am eligible for AOS with approved I-140 and a PD Nov 2010. I had planned to change jobs therefore applied for Physician NIW under HPSA in June 2015 which was my only option at that time. My application is still pending decision and I have not gotten any RFE. 

 

  Given the new provisions I have now decided to stay in current job untill 180 days after EAD approval.  I have 2 questions:

 

1) Will I be eligible for doing AOS now based on prior approved I-140 even though my NIW adjudication is pending.

2) If I do go ahead and do the AOS without waiting will there be any problems or delay in getting EAD since I have NIW application pending decision. Do you know if there is a way to with draw the NIW application?

 

 Bottom line I just want to make sure that the NIW process which is now meaningless for me should not effect the more important AOS application. 

 

Request for advise from attorneys in the group or members in similar situation.  

 

Thanks so much  

[Attorney_22]

Hi

I have a Eb2 485 pending since February 2012. My PD is May 6 2009. Do pending 485 applicants need to do anything? I understand the July 2011 for India is for filing AOS but I'm curious if AOS pending people need to do something.

Thank you

An individual with an already pending I-485 petition is not required to take any action. 

[Attorney_22]

I have an alien # from a previous I 140 but now I am applying for I 485 bars on husband's I 140 date. Should I be mentioning my a# in my I 693 and other forms for me while filing as derivative or should I leave my a# blanks

Once an A# has been assigned to you, you should utilize that on all USCIS forms. 

[Attorney_22]

The new Visa Bulletin is a wonderful change for many; however it does not necessarily mean there will be constant progressive movement month to month. We can theorize at length what the future will hold regarding PD movement- though it is my recommendation to simply monitor the changes as they occur and act accordingly based on your circumstances.  

[krs_ravis]

Dear Attorney,

If the PD is current for filing the 485, then the successful applicants will get EAD? After that, they can change the jobs also? 

and once the PD is current for final action, then do they get EAD automatically or 2nd employer has to file for 485 again?

[axb1786]

Dear Attorney,

If the PD is current for filing the 485, then the successful applicants will get EAD? After that, they can change the jobs also? 

and once the PD is current for final action, then do they get EAD automatically or 2nd employer has to file for 485 again?

+1. Looking for same answers.

[ajaypriya]

I have a question with regards to the recent immigration bulletin of Oct 2015  ( http://www.murthy.com/2015/09/10/october-visa-bulletin-exciting-new-system-benefits-backlogged-categories/ ). I was in US for quite few years on H1B and into the extension of H1B. I also have a EB2 green card process where first stage and I140 is cleared with a priority date of May 13^th 2010. I also was on F1 visa before.

 

I came back to India in March of 2013 leaving my H1B job, as there was a family health reason with my parents. Subsequently I am still in India and started a  start up business in India.Now as you know without the visa numbers I could not have filed for I485 while I was in US although my I140 was cleared long time back.

 

 

With the new system being introduced in October 2015, as my priority date is in May 2010 I will be eligible for filing i1485,EAD etc.

 

Questions

1.      Q1:  As I am in India (No longer H1B), can I still file for i485 or go for consular processing as per new rule?

 

If not what is the way out for me to take advantage of this new rule to get my GC, EAD for me and my wife.

 

Q2: If I get a B1 visa and then go to US and then file for i485 is this possible or is it legal to do so(file i485) on B1/B2 VISA. How long will it take to file and get my EAD, Advance parole for international travel.

 

2.       Q3: My wife is also in India but had a H1B before which got struck under 221g then she went to H4. She is currently working for a American MNC in India, if she gets a H1B (doesn’t come under quota), then if she goes on H1B, I go on H4 VISA?

Can we take advantage of this new rule to apply for I485,EAD  while on H4 visa?

 

Look forward to your reply.

[swaroop227]

Hi,

 

I have an approved I140 from my old company and that was filed under EB3 category. I've moved jobs and the new PERM is filed in EB2 category. It was approved and priority date is ported when filing I140 but the new I140 is still pending. Now that the priority dates have moved in October visa bulletin, can I apply for adjustment of status on October 1st? If I change my I140 premium, can I still send I485 with I140 receipt number?

Please help!

[ajaypriya]

 

I have a question with regards to the recent immigration bulletin of Oct 2015  ( http://www.murthy.com/2015/09/10/october-visa-bulletin-exciting-new-system-benefits-backlogged-categories/ ). I was in US for quite few years on H1B and into the extension of H1B. I also have a EB2 green card process where first stage and I140 is cleared with a priority date of May 13^th 2010. I also was on F1 visa before.

 

I came back to India in March of 2013 leaving my H1B job, as there was a family health reason with my parents. Subsequently I am still in India and started a  start up business in India.Now as you know without the visa numbers I could not have filed for I485 while I was in US although my I140 was cleared long time back.

 

 

With the new system being introduced in October 2015, as my priority date is in May 2010 I will be eligible for filing i1485,EAD etc.

 

Questions

1.      Q1:  As I am in India (No longer H1B), can I still file for i485 or go for consular processing as per new rule?

 

If not what is the way out for me to take advantage of this new rule to get my GC, EAD for me and my wife.

 

Q2: If I get a B1 visa and then go to US and then file for i485 is this possible or is it legal to do so(file i485) on B1/B2 VISA. How long will it take to file and get my EAD, Advance parole for international travel.

 

2.       Q3: My wife is also in India but had a H1B before which got struck under 221g then she went to H4. She is currently working for a American MNC in India, if she gets a H1B (doesn’t come under quota), then if she goes on H1B, I go on H4 VISA?

Can we take advantage of this new rule to apply for I485,EAD  while on H4 visa?

 

Look forward to your reply.

 

Can the attorney reply to atleast 1st few questions  so that we can determine if we can engage law firms like Murthy for next steps if feasible.   

[Attorney_22]

Can the attorney reply to atleast 1st few questions  so that we can determine if we can engage law firms like Murthy for next steps if feasible.   

1. As long as the immigrant visa offer is still valid and available you can move forward. However if you are in India you will be unable to file an I-485, therefore you will need to start the consular process. To do so you may need to file an I-824 to initiate this. 

2. Entering the U.S. on a B and filing for AOS can be an issue. 

3. It is advisable to speak directly with an immigration attorney regarding this scenario. 

 

To discuss your options in detail, it is advisable to schedule a call with an attorney at the Murthy Law Firm. 

[Attorney_22]

 

Hi,

 

I have an approved I140 from my old company and that was filed under EB3 category. I've moved jobs and the new PERM is filed in EB2 category. It was approved and priority date is ported when filing I140 but the new I140 is still pending. Now that the priority dates have moved in October visa bulletin, can I apply for adjustment of status on October 1st? If I change my I140 premium, can I still send I485 with I140 receipt number?

Please help!

 

Yes, an individual may be eligible to file AOS when an I-140 petition is still pending. 

[Attorney_22]

Dear Attorney,

If the PD is current for filing the 485, then the successful applicants will get EAD? After that, they can change the jobs also? 

and once the PD is current for final action, then do they get EAD automatically or 2nd employer has to file for 485 again?

An I-485 application allows one to request an EAD and AP. The EAD allows individuals to work in any legal capacity they wish, however there are limitations if you are changing employers. To allow your green card offer to transfer to a new employer, the I-485 application must have been pending for at least 180 days and the immigrant job offer valid that entire period. Additionally, your new offer must be substantially similar and a full-time permanent offer.  

 

You should also monitor your EAD validity dates and file extensions as early as possible (120 days prior to expiration). 

[SRSP]

Hello,

 

My question is about the new set of dates for filing applications in the October visa bulletin. 

 

To give a gist of my case.

 

My priority date is Jan 2005 in EB3 and the new dates for filing applications for  India : EB3 is 01Jul05. I filed my I-485 concurrently before I got married. My spouse is on an H4 now. My question is..

 

Can I add my wife to my application, after 1st October,2015 or do I need to wait to get a notification before doing so?

 

Thank you for your time. 

 

Regards,

SS.

[ctorvi]

HI, I have an approved I-140 with NIW with PD of Jan, 2011. Can I still apply for AOS with the new bulleting, starting Oct, 2015. If so, can I get my green card, or still have to wait for the other date to be current. In that case, can I just get EAD and AP & be able to change job & travel abroad without a stanped visa?

I also had another question, will there be 2 separate fees ($1070) for both, my wife & myself) or just one fee based on family based application.

[thumbadg]

Hi,

As per Oct 2015 VISA bulletin I am eligible for filing adjustment of status. I am planning to file my spouce's application along with me. However I am not sure if I can file for adjustment of status for my minor son.  He is 10 years old.

Here is real question:

If my wife and I get EAD as part of filing I-485 after next few months then we can travel to home country using AP(Adance parole). That will allow us to skip VISA stamping and related unwanted issues.

If it is not allowed to file I-485 for my son then there is no question of EAD(10 year old not expected to request for employment authorization).

If we want to skip his VISA stamping as well similar to us then what should be done?

 

I have another subsequent question as:

Last month we applied for EAD(H4) for my spouse. Now we are about to file for I-485 adjustment of status based on cut off date. Will that cause any issues to pending H4 EAD application?

 

Your inputs with regards to aforesaid questions will be higly appreciated.

 

Thanks

Thumbad

[vishalpatwari]

Dear Attorney,

Based on my PD Sept 2010 I will now be eligible to file I-485.

I have a very specific question about the DOB to be mentioned in all of the USCIS documents which needs to be filed.

Birth Date in my passport is 05/19/XXXX and in Birth certificate it is 05/17/XXXX.
05/17/XXXX is the correct DOB. But all other existing documentation like I-797 and I-94 are all based on the passport DOB.

Can you please clarify what DOB should I mention while filing I-485 and what will be its impact on I-485 adjudication.

[Rk3342]

Can the Attorney please let us know if we need to do medicals for the DF Eligible priority date?

[chandu_narina]

Dear Attorney,

 

I've a specific question on date of birth certificate similar to the one asked above. "place of birth" in my passport is different from my birth certificate. Is it okay?

 

Thanks

[chandu_narina]

Dear Attorney,

 

My PD is may'2011 and I am eligible for applying I-485 as per new bulletin.

I've a question on EAD. I've recently applied for EAD for my wife based on the new H4-EAD rule. It is in process.

Do I still need to apply for the EAD for her now?

 

Also when do we apply for EAD & AP, is it along with I-485 or after?

 

Thanks 

N Chandra Sekhar

[raj0584]

Hi,

 

I have an I140 aproved from employer A , and I am currently working for employer B . As per the new Visa Bulletin I am eligible to apply for EAD  . Employer A is willing to file my EAD , will it be a problem if I get the EAD from employer A and work for Employer B . When my date becomes current will Employer B be able to File for AOS.

[Attorney_22]

Hello,

 

My question is about the new set of dates for filing applications in the October visa bulletin. 

 

To give a gist of my case.

 

My priority date is Jan 2005 in EB3 and the new dates for filing applications for  India : EB3 is 01Jul05. I filed my I-485 concurrently before I got married. My spouse is on an H4 now. My question is..

 

Can I add my wife to my application, after 1st October,2015 or do I need to wait to get a notification before doing so?

 

Thank you for your time. 

 

Regards,

SS.

The visa bulletin is your notice. Therefore, file your dependents' applications when the visa bulletin states they are eligible. 

[Attorney_22]

HI, I have an approved I-140 with NIW with PD of Jan, 2011. Can I still apply for AOS with the new bulleting, starting Oct, 2015. If so, can I get my green card, or still have to wait for the other date to be current. In that case, can I just get EAD and AP & be able to change job & travel abroad without a stanped visa?

I also had another question, will there be 2 separate fees ($1070) for both, my wife & myself) or just one fee based on family based application.

Section B of the bulletin states when you are eligible to file, while Section A states when you are eligible to be approved. Each applicant has their own fee.