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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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11 hours ago, Attorney_22 said:

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.

Dear Team,

What is the current average time it takes to receive GC on hand after EB1 Category for India becomes current in Aug 2020?

 

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Hi,
I have my priority date of April 8, 2010 in EB-3 category. Can I expect it to become current in near future, say like in 6 months to 1 year time? Can you please advise ?

 

Thanks,

Srikar

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Would like to know when will Eb3 India Filing Date reach to feb 2011 ? What about Final Action date ? How much movement will take place in Oct 2020 in Final action date and in Filing date for EB3 India.

 

Thanks

NG

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Dear Attornies,

My PD becomes current from Aug 2020. My interview was back in January 2019 and Biometrics appointment was in May 2018.

1. Would biometrics need to be taken again before issuing a green card since they are presumably more than 15 months old?

2. Would a new background check need to be conducted and will they consider any background check conducted for H1/L1 visa extension or EAD/AP renewal?

3. If new background check is required then how much time would that take?

4. Considering EB1 India PD moved from May 2017 to Feb 2018, in how much time can I expect my case to be approved?

 Thanks in advance for your replies.

 

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For current priority dates, what is the criteria for expired Medical? Does it strictly follow 24 months from the date the Civil Surgeon signed the medical certificate or is it dependent on the officer approving the Green card? Thanks

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On 7/30/2020 at 9:13 PM, SivaRK said:

Dear Team,

What is the current average time it takes to receive GC on hand after EB1 Category for India becomes current in Aug 2020?

 

It is too early to tell what the trend is at this time. However, generally, when an AOS is pre-adjudicated without the need for additional documentation, USCIS will take anywhere from one to three months to approve. Often it occurs within the first month, but not always.  

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On 7/30/2020 at 10:02 PM, SriJon said:

Hi,
I have my priority date of April 8, 2010 in EB-3 category. Can I expect it to become current in near future, say like in 6 months to 1 year time? Can you please advise ?

 

Thanks,

Srikar

Unfortunately, we cannot be sure how long it will take. 

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On 7/31/2020 at 11:10 PM, nishchalgupta said:

Would like to know when will Eb3 India Filing Date reach to feb 2011 ? What about Final Action date ? How much movement will take place in Oct 2020 in Final action date and in Filing date for EB3 India.

 

Thanks

NG

Unfortunately, we cannot be sure how long it will take. 

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On 8/1/2020 at 11:41 PM, desibanjara said:

For current priority dates, what is the criteria for expired Medical? Does it strictly follow 24 months from the date the Civil Surgeon signed the medical certificate or is it dependent on the officer approving the Green card? Thanks

A medical needs to be submitted to USCIS within sixty days of the civil surgeon's signature. The medical will then be valid for two years from the date USCIS receives the document. 

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Hi we have filled our Green Card in EB3 category with previous employer in 2010 Aug. pirority date became current now based on Oct 2010 bulletin but my current employer still not yet initiated my perm. Not sure how to proceed with it. Can someone help me on this.
Can i directly apply for i140 and I485 concurrently without perm with current employer?
Or is it possible to file I485 outside without any employer? Or i have to file directly with previous employer without working with them? 

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Hi, I am working for my end client, same employer since 12 years. My current end client had approved I-140 under EB3 with priority date 12/31/2011. Same end client did another PERM/Labor Certification and got I-140 approved in 2018. Later on they ported EB2 to my earlier priority date 12/31/2011. 

My question is, can we use approved I140 under EB3 without any additional paperwork or downgrade process ? 

Appreciate your guidance. My end client really need help to help me.  

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I have PD under EB2 is Sept , 2013 and i-140 is approved back in May 2015. 

I am with same employer since Jan 2013.....

Please let me know Pros and Cons , if I plan to port from EB2 to EB3... 

Q1 : Can both file run in parallel> 

Q2: If I port from EB2 to EB3 now , am I eligible to apply for EAD/ I485?  When I should get the EAD and GC? 

Q3:  Once EB2 move forward ( just in case)  in next few months , can I go back to EB2? 

 

 

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Hi, my PD is Oct 2013, I am filing EB2 to EB3 downgrade through a new I140. Is it recommended to use the same wage that was filed on EB2 I140 or is it recommended to use the revised prevailing wage based on current year?

Thank you.

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my EB2 priority date is current and when I reached out to my employer for filing 485, my employer mentioned that we will have to file amendment t to be on the safe side. He was saying that the new administration introduced some new labor rules which may be an issue when I am at Green Card stage and may get an RFE .And since my labor was applied in 2015 , he mentioned that it is better to apply a new PERM and I can use the previously approved 140 priority date. This new PERM is just to avoid the new administration labor rules as per him.. Is there anything like this.. ?  Any advise on this ?

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 My PERM was filed with my current employer address(working with the same employer from the past 8yrs) as a working location but I have never worked in that state so far. I have my PERM and 140 approved and now my priority date is current now .I discussed about 485 filing with my employer and he mentioned that I may have to re-apply PERM with current location since the initial PERM was applied using employer address which may be an issue during later stages of immigration. .Before filing 485 ,Do I need to Amend my already approved PERM which is under my employer's location now and re-apply using the current working location ?  What other options do I have to move ahead with the current PERM and what is the best one to go with ? 
 

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