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Attorney_22

Visa Bulletin Priority Date Movement

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Greetings!

My Priority Date is Sep 2010 in EB3 and I am currently in India.  Should I  be able to file using Table A or Table B for the current visa bulletin?

Also, should I file thru my employer and come to USA or I can file independently and come with different employers? What are Pros Vs Cons?

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Hi,

I have I140 approved with my previous employer for EB2 India category. My current employer has just started my GC but not yet filed my case. My current GC process with current employer is in documentation stage. Can my current employer using my previous EB2 I140 from previous employer file I-485 for EB3?

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Hi Sir,

My priority date is dec/2014 . When my current employer filed for PERM  followed by I140 petition in EB2, USCIS gave me an EB3 I140 approval and issued an RFE( asking for more work experience proof).And once we submitted the RFE i got approval in EB2 category. My question is can I use the EB3 I140 approval that got initially to file for I485 ? or do I need to downgrade my EB2 I140 to EB3 and file for 485 ? Pls advice...

Thanks,
Vidur

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Hi Sir,

My priority date is dec/2014 . When my current employer filed for PERM  followed by I140 petition in EB2, USCIS gave me an EB3 I140 approval and issued an RFE( asking for more work experience proof).And once we submitted the RFE i got approval in EB2 category. My question is can I use the EB3 I140 approval that got initially to file for I485 ? or do I need to downgrade my EB2 I140 to EB3 and file for 485 ? Pls advice...

Thanks,
Mohan

Edited by Vidur_mb
typo

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On 9/24/2020 at 11:31 PM, GudS said:

 Due to the rapid advancement of priority dates in October Visa bulletin, my priority date has become current now. I've an approved I-140 with a previous employer and my current employer has not yet initiated my GC processing.  My H-1B visa got extended recently on the basis of my I-140 filed with previous employer. Can you let me know if my current employer can file I-140 and I-485 together without going through the PERM certification process.

I am also looking help on this thread. Not sure if current employer can be used with consent to file I-485 with "I-485(supplement form j) JOB PORTABILITY UNDER INA SECTION 204(J)".

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On 9/24/2020 at 11:31 PM, GudS said:

 Due to the rapid advancement of priority dates in October Visa bulletin, my priority date has become current now. I've an approved I-140 with a previous employer and my current employer has not yet initiated my GC processing.  My H-1B visa got extended recently on the basis of my I-140 filed with previous employer. Can you let me know if my current employer can file I-140 and I-485 together without going through the PERM certification process.

I am in a similar situation, I have heard/read about I-485 supplement J form that previous employer can sign with an intention to re-hire you to the same job that was stated in I-140 after I-485 is approved.  It would really help, if anyone can share further details on how does this work or impacts anything or chances of getting denied and end up loosing Priority date, etc.,  Thank you.

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On 9/24/2020 at 7:58 PM, super3 said:

My permanent residence application was initially filed in EB3 with a priority date of Aug-2014 when I was at a lower designation. Subsequently a new application was filed for EB-2 using the same priority date when I got one promotion.. As per the USCIS Visa Bulletin for Oct-2020, this date is current  for EB3. Can I proceed with the application of I-485 based on this?

Hello attorneys.

Thanks for your valuable advice.

My situation is somewhat similar to super3, so quoting that question. Here is kind of the chronology :

- Initially my earlier employer filed my application for EB2 with a 2015 PD. I have an approved I140 with them.

- Later I moved full time with another employer. This company is bigger and have set immigration rules by position.

  Based on current position they filed my application in EB3 for same PD and I got the approved I140 early last year.

- Now, I have moved to the next position within the same company and the lawyers have started for filing PERM in EB2 category based on position based rules. I inquired with them if it is possible to use the approved EB3 I140 from last year to file for 485 and they said no, I have to wait for the EB2 application.

What would be your suggestion/viewpoint on this scenario?

Thanks.

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On 9/24/2020 at 12:19 PM, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding 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....My PD is June 2012 in EB2, what are the predictions for next month Visa bulletin, how many months filing and final action date will move forward? Can I take chance to change employer at this time not knowing what happens next month in Visa bulletin?

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Hello, 

I had my I140 approved with my previous employer under EB2 category and it is still active.

My current employer also filed I-140 under EB2 category and it is under process with USCIS (not approved yet).

Based on EB3 PD movement, I would like to downgrade my EB2 to EB3 with current employer.  However, I have following questions:

  • Can I downgrade to EB3 and apply for 485 if my PD is current under eb3 at the same time?
  • After downgrading to EB3, is my I140 under EB2 going to be still valid?

Appreciate if someone can shed light on these.  Thank you.

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Hi

My Son is 24 Yrs Old

But My priority date is 3/3/2010.I am planning to file I-485 for my Son.As CSPA act he is eligible and he is age will be considered as 14( as per 2010-My priority Date).

1.Please confirm on this.

2. while filing his I-485 with my I 485,do i need to attach any justification letter/document  to consider my son I 485 application.Please suggest.

3.I-944 is for only principle applicant OR for spouse/child under 21/child above 21

 

 

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After EB2 to EB3 downgrade, will both old EB2 I-140 and new EB3 I-140 remain valid after the downgrade?

If so, in future if EB2 moves ahead, can we use old EB2 I-140 to and get back to EB2?

Thanks for your time and help!

Edited by Ravi54345

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On 9/24/2020 at 8:03 PM, visa2gc said:

Any advice for EB2 India with PD in September, 2011 - downgrade to EB3 or wait in EB2 as there will be massive downgrade and retrogression if EB3 in future and I am sure downgrades will overwhelm USCIS.  

I'm in same situation, any updates or recommendations?

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On 9/25/2020 at 7:36 PM, @NewUser said:

Both my spouse and myself have i140 approved in eb2 and priority dates are in 2013 February and 2013 November. Which one of us should downgrade to eb3 since dates are current in that category. Is there any possibility for one person to downgrade to eb3 now and keep the later in eb2 to get a better final action date in future by linking both applications?

 

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Both my husband and my priority dates became current . My husband priority date is Dec 2010 EB2 and my priority date is 2013 EB3.  Can both of us go forward and apply for EAD individually and late whichever ones become current for GC we can choose that priority date for GC or we can only go with one priority date. 
 

Need help in finding the right way to choose!!

 

Thanks in Advance! 

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On 9/25/2020 at 10:53 PM, sekhar.ramya86 said:

1) Is it advisable to downgrade from EB2 to EB3 only if priority date ends up being current in EB3?

2) While downgrading is it better to file i140 and i485 together? 

3)What are the odds of the dates staying same in Nov? Is there more chance for it to retrogress ?

Thanks! 

I have the same questions, if anyone can answer

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On 9/24/2020 at 3:57 PM, eageruser said:

hello - currently in EB3 India category with Priority date of August 2014. Saw the DOS October VISA Bulletin with 485 filing date chart of Jan 2015. Can i file for I485 in October?

In USCIS site, it says they are the ones who will determine if this Filing chart date or Final actions date from DOS VISA Bulletin can be used to determine when to file 485. For e.g. in September, USCIS mentioned Final Action Date chart should be used.  Is this forward movement in DOS VISA Bulletin not much helpful then?  

Yes, USCIS is accepting AOS filing based on Eligible for Filing dates in October. 

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On 9/24/2020 at 7:28 PM, yellow said:

If my pd is current as per date of filing chart but not as per final action date chart and I am about to initiate h1 transfer am I still eligible for 3 year h1 extension ? Or is it that I can’t do a h1 b transfer now 

Eligible for filing dates do not affect H1B validity. 

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On 9/24/2020 at 7:34 PM, Ss b said:

I am in the process of h1 transfer to new employer but my EB2 priority date is Feb 2014..ny current employer is willing to downgrade to eb3 and file for adjustment of status.. will that downgrade be honored by  uscis?

USCIS will accept I-140 downgrades, but a downgrade is filed by the same sponsor that filed the first I-140 that is being downgraded. 

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On 9/27/2020 at 1:34 PM, ab@1982 said:

Hello attorneys.

Thanks for your valuable advice.

My situation is somewhat similar to super3, so quoting that question. Here is kind of the chronology :

- Initially my earlier employer filed my application for EB2 with a 2015 PD. I have an approved I140 with them.

- Later I moved full time with another employer. This company is bigger and have set immigration rules by position.

  Based on current position they filed my application in EB3 for same PD and I got the approved I140 early last year.

- Now, I have moved to the next position within the same company and the lawyers have started for filing PERM in EB2 category based on position based rules. I inquired with them if it is possible to use the approved EB3 I140 from last year to file for 485 and they said no, I have to wait for the EB2 application.

What would be your suggestion/viewpoint on this scenario?

Thanks.

 

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Hello Attorneys,

1. My PD is Dec 2013 and with an approved I140 in EB2. PERM was filed for Sr Software Developer  and since then  I moved two positions and currently working as Principal Developer . Is it advisable to downgrade to EB2?   any care needs to be taken Eb3 I-140 can be filed for the  current position ?

2.Based on the current timelines when can i expect to get EAD and GC ?  

3. What will be validity of EAD/AP ?

4. what are the Risks of changing Employer  on EAD ?

Thanks

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I have approved I-140 in EB3 with priority date 9/20/2013 from company A, later company A is acquired by Company B. After few years, I switched to company C. Company C started new GC process last year and  most recently I got approved labor certification (PERM). As I have been already in higher position than back in 2013 , company C by default was planning and preparing all process in EB2, they were about to file for I-140 in premium this week then this visa bulletin came last week. I see two scenarios/options , both have some ambiguity, so need your suggestions -  (1) I can file I-485 based on the old approved I-140 in EB3 but I am not with the old employer/petitioner , option (2) My current employer to file new I-140 in EB3  instead of EB2 with request of porting old priority date and I-485 together  but recently received PERM was in EB2. ( Not sure if EB2 or EB3 category considered at PERM or I-140 application level). I would prefer second option - is it allowed to file I-140 in EB3 while PERM process was very much in EB2?

Edited by mha
sorry, grammatical correction made

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I have an EB2 I40(PD Dec 2013).My dependent child is 19 year old, Could you please advise if CSPA will be applicable to dependent child if I downgrade to EB3 and file 140 and 485 concurrently? Thank you!

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I have a priority date for a X role from Houston for Sept 2012. Last year I moved to Dallas in role Y with the same company. A new PERM and I-140 has not been filed yet. With the sudden progression in Filing Dates in EB2 and EB3 India, it is likely my priority date will become current within this year.

Question 1 – What are my options to not miss filing when the date becomes current soon? Can my company file under the I-140 that I already have, and amendments can be made later? If not, what can I do, for example move back to Houston to not miss this opportunity?  Or can they amend the I-140 to add my current location in Dallas as secondary location?

Question 2 - If a new I-140 must be filed with a new PERM, is there anything else that can be done to not miss this chance with the current I-140. Appreciate any input.   

Question 3 – Does it make sense for me to downgrade to EB-3 with the older I-140, or just wait in my EB-2 line since I am close with a Sept 2012 priority date especially since thousands will be going to the EB-3 que now.

Appreciate any input and guidance on this.

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On 9/24/2020 at 7:58 PM, super3 said:

My permanent residence application was initially filed in EB3 with a priority date of Aug-2014 when I was at a lower designation. Subsequently a new application was filed for EB-2 using the same priority date when I got one promotion.. As per the USCIS Visa Bulletin for Oct-2020, this date is current  for EB3. Can I proceed with the application of I-485 based on this?

Yes, if you intend to work pursuant to the EB3 position when the green card is approved and your employer intends to employ you in that same EB3 position. 

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