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Attorney_22

Visa Bulletin

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This week, the Murthy Law Firm attorneys will answer questions relating to the Visa Bulletin.       

 

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,

I have approved I 140 in EB3 category with priority date of oct 2012 and planning to moved to eb2 with current employer. With the new visa bulletin ,will there be any chances of eb3 moving fast or wil it be slower than EB2.

 

 Will it be worth to spend time and money to convert to eb2 or wait in EB3 itself ?

 

I really appreciate your feedback on this.

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Hi,

I have an approved i140 from my previous company (PD - 05/2011) which is just left 3 months back. We are in the process of doing a new PERM from my new company. The question i have is, can i still apply for i485 (with the new rule published in Oct 2015 visa bulletin) using my old approved i140 or do i have wait for the new PERM & new i140 (which will take at least another 9 months) to apply. Any suggestion/ comment is appreciated. Thanks.

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Hello

 

My Priority date is in May, 2011 for EB2 category. So, I will be able to apply for 485 as per new rules in October visa bulletin. My spouse is on H1B but GC process is not started. 

 

  1. Starting what date, can I apply for 485? 
  2. Can I apply EAD for my spouse as dependent to me?
  3. Is there a 180 day waiting period from date of filing for me to change employer if I want to? Is this applicable only to me or to my spouse also? Does my spouse have any waiting period?
  4. Coming to medical test, can me and my spouse get the tests done at different clinics (doctors listed in USCIS website) in different cities or should it be done at same doctor?

Thank you...

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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. money paid for premium processing was refunded saying application is pending in security check and needs to be cleared to proceed. Now that the priority dates have moved in October visa bulletin, can I apply for adjustment of status on October 1st? And can I apply for AP and EAD at the same time? I need to go to india for a wedding in November. can I leave the country on H1 and go for stamping if I don't get AP in time? or would that be considered as abandoning the application?

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Hi , 

 

I have I140 approved from my employer and Priority date of Dec 2013.

Once the second cutoff date moved to Dec13 , will i be able to file for I485 ?

 

Also should the 485 application be done by employer or i can apply by myself with the help of a attorney?

 

Thanks for your time in advance.

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Attorney, how the new cutoff date(acceptance date) is determined?

The new bulletin is broken down into two sections, Section A and Section B. Section A indicates the date an immigrant visa or adjustment of status petition can be approved, while Section B indicates the date DOS or USCIS will start the immigrant visa process or accept an adjustment of status petition. However, the new visa bulletin does suggest adjustment of status petitions may not always be accepted despite a specific priority date being listed. Therefore not only are the dates important, but the language utilized on the bulletin each month.  

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Hi,

I have approved I 140 in EB3 category with priority date of oct 2012 and planning to moved to eb2 with current employer. With the new visa bulletin ,will there be any chances of eb3 moving fast or wil it be slower than EB2.

 

 Will it be worth to spend time and money to convert to eb2 or wait in EB3 itself ?

 

I really appreciate your feedback on this.

Unfortunately, there are no indications this new format will change the progression of either visa category.  

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Hi,

I have an approved i140 from my previous company (PD - 05/2011) which is just left 3 months back. We are in the process of doing a new PERM from my new company. The question i have is, can i still apply for i485 (with the new rule published in Oct 2015 visa bulletin) using my old approved i140 or do i have wait for the new PERM & new i140 (which will take at least another 9 months) to apply. Any suggestion/ comment is appreciated. Thanks.

You will only be able to utilize the old I-140 to file your I-485 if the offer is still valid. The offer and your intent to work for the sponsor must also be bona fide.  

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Attorney,

 

1) Do we have to take the medicals to apply for I-485 as per the new bulletin?

 

2) If both, wife and husband have the I-140 and H1B, what is the best approach to apply for I-485?

 

3) What is the best approach if I-140 was applied in December 2014 and pending? Can we apply I-140 and I-485 together? 

 

4) Is the new rule, to apply I-485(change of status) same like regular I-485 filing(EAD,Travel Documents..etc)?

 

 

Thanks in advance.

 

 

Thanks,

Akil

 

 

 

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The new bulletin is broken down into two sections, Section A and Section B. Section A indicates the date an immigrant visa or adjustment of status petition can be approved, while Section B indicates the date DOS or USCIS will start the immigrant visa process or accept an adjustment of status petition. However, the new visa bulletin does suggest adjustment of status petitions may not always be accepted despite a specific priority date being listed. Therefore not only are the dates important, but the language utilized on the bulletin each month.  

Thanks for the reply.

 

Now that DOS knows exactly how many people are waiting in the queue(no. of applications under acceptance date), can we assume that hereafter priority dates will never retrogress?

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Hi,

I have an approved I140 with priority date Jan 2012 (6month less than current cut off date (1 July 2011) for accepting I485). I am working for client ABC through my employer and got an offer on Sep 1st 2015 to convert to full time from Jan 1st 2016. Client ABC is ready to file green card asap after Jan 2016. My questions are: 

1. Is it worth to wait for my employer to have I485 filed rather than waiting another year to have new Perm n I140 approved?

2. What is approximate time to get EAD after filing I485 since there is no premium processing?

3. After getting EAD current employer, if I change employer, will it be a problem during  green card visa number allotment? 

4. Can I add spouse into my I485 later on after getting EAD? I will be married Feb 2016

 

Thanks,

NKP

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Dear Attorney,

 

I have the same question as posed by Neda. Is it safe to assume that the adjustment filing dates will only move forward and not retrogress?

 

Also would these dates move every month or would they only move every fiscal year?

 

Thanks!!

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Hello there,

 

I have an approved I-140 since 2011. My priority date is November 2010. Based on the Visa bullentin, it seems like I can file for my 485 application on October 1st.

 

I currently have a valid H1B visa till 2017. I was planning to go to India for 2- 3 months in November.

 

Questions:-

i) In terms of my travel plan, can I file my 485 and still go to India and return on my H1B stamping?

 

ii) Should I file for my AP(travel document) and EAD at the same time as the 485 (October 1st) OR should I do it once I return from India ?

 

iii) Should I just hold back on even filing for my 485 till I am back from India (sometime in Jan 2016) -- Will I be elgible to still file the 485 at that point ?

 

 

Thanks in advance for the guidance.

 

 

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Attorney,


 


1) Do the applicants need to take the medical tests and send I-639 to apply for I-485 as per the new bulletin?


 


Thank you...


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Hi,

I have I-140 approved with priority date in May, 2011; hence, I'd be eligible to apply for I-485 next month.
My spouse has I-140 approved with PD in July, 2011; hence, she'd have to wait for her PD date to become current.

Here are my questions related I-485 application:

1. Should I apply for I-485 and add my spouse as dependent so that she gets EAD?
2. If I add her as dependent, can she apply for her I-485 when her PD becomes current?
3. If I don't add her as dependent initially (with the hope that her PD becomes current soon), would I be able to add her anytime later?
3. Or, should each of us apply for I-485 separately without including the spouse as dependent?

 

What is the suggested approach. Please advise the pros and cons. Thank you!

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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

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Hello attorney,

 

I'm eligible to file I-485 as my PD is prior to application acceptance date. My question is, can we travel out of country after filing I-485 (using my existing H1B visa) and re-enter with valid H1B visa stamping? Do I need to be in USA for filing I-485?

 

Thanks in advance!

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What will the impact of this new filing system be on Follow to Join cases? My husband and I were married before his green card came through, but I did not join him in the US and we opted to pursue the Follow to Join option. Will this new system have any impact on our situation? Would I be allowed, for example, to now join him in the US and then file for an adjustment of status or do we continue waiting for our PD to become current in the EB2 category? To reiterate, this is a FTJ case and not a family based GC application.

 

Thank you

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Hello Attorney,

 

Can you please let us know if:

 

1] The dates of filing will move each month or will it only move every fiscal year?

 

2] Will the dates of filing retrogress?

 

Thank you!

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I have a very specific question since I am eligible to file as per the acceptance date cutoff.

My passport is expiring in November 15 2015 and I want to know if I can apply for passport renewal now and at the same time provide the current passport details along with the I 485 filing , since my new passport might not be available by the time I file for I 485 or should I file for I 485 and then file for the new passport or does the expiry date of less than a month on the passport have any affect on the I 485 filing.

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