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Attorney_22

Visa Bulletin Priority Date Movement

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On 9/24/2020 at 8:36 PM, AKB12 said:

Hi,

I have a question regarding adjustment of status filing. My priority date is 01/14/2011. My current H1-B visa is valid until 10/31/2021. My spouse is a UK citizen currently working in UK. He does not have any valid US visa currently. He uses his UK citizenship to come down to US every few months. He can come down to USA for filing adjustment of status with me.  

My question is, can we file for adjustment of status together without any US visa for my spouse? If yes, can my spouse  get back to UK after filing the application and come down to US as and when required for any interviews or do we have to file for advance parole along with I-485 application? 

 

Any insight in this matter would be greatly appreciated.

Thank you!

It is best to call our office to speak directly with one of our attorneys regarding your options and limitations. 

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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.

Unless you are filing in a category that does not require the labor certification process as a prerequisite, your new employer must file a PERM first. 

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On 9/25/2020 at 1:20 AM, sdileeep said:

Hi,

My current I-140 is on EB3 with a priority date of June 2014 approved with Company A and recently I switched to Company B and Company B is yet to start on filing my new PERM application. Do we need to have I-140 approved with Company B to be eligible to apply for adjustment of status with the current advancement ? 

Yes, unless you intend to go back to company A. 

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On 9/25/2020 at 1:21 PM, yellow said:

Which chart filing chart or final action chart from the visa bulletin is used to determine if I can request a 3 years h1 extension or 1 year extension based on an approved I 140 from a previous employer ? 

Final Action. 

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This is my situation.
I was in the USA with a LI-B visa and got out of the USA at the time of expiry and resigned with the employer. I have no H1-B visa.
During my tenure with my last employer, they started my green card process. They applied under EB-3 category and my I-140 was approved my priority date is in July 2014.
I learnt from my employer's attorney back then that it's not their practice to withdraw approved Forms I-140.
Currently am in Canada. I just learned that priority date is now current. I do not intend to go back to the employer that filed my GC.
What are the options available for me to take forward my GC process further?
Any information/help is appreciated.

Edited by amithraksha
clarity

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Hi,

I am currently stuck abroad due to covid. My priority date is in Nov 2014. What are my options for AOS after downgrading to EB3? 

Thanks

Edited by Kay1001
correction

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Hi Attorneys,

I was with my previous employer from Aug 2013 to Nov 2019 and moved with the new employer in Dec 2020. I have approved I140 with my previous employer but the current employer has not started the perm filing. In this situation what are the options available to get the benefit of the current filing dates. Is there an option to get the letter from the previous employer? 

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I have EB2 with Priority Date August 2009. I have submitted my medicals (i-693) two times already, once while filing the i-485 in 2012 and once for an RFE in 2014.

As per the October 2020 bulletin, I should be getting my 485 approved now - BUT if the USCIS issues another RFE for new medicals, and by the time the response to the RFE is sent back, it is possible that the priority date may retrogress again. This way we will never get our green cards, as the medicals may expire again by the time the date moves forward. Completed i-693 forms are valid for 2 months prior to the filing event and 2 years subsequent.

Q. Can we send our medicals to USCIS without them asking for it through an RFE ? This way USCIS will always have a completed i-693 form that is valid. Otherwise this process will never end !

Thank You in advance for any guidance.

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I have EB2 with dec 2011 priority date. So eligible for i485 (as per oct bulletin) if we downgrade to EB3. However, regular H1B is expiring in May and renewal process expected in Jan.

In such a scenario does it make sense to wait it out since eb2 may reach my date while eb3 might retrograde?

What happens to H1B renewal if downgrade takes too long?

To add to confusion, wife is working on h4 EAD, so delays may cause her to lose her work authorization. 

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My perm is filed with current employer and awaiting approval. I have an approved I-140 in EB2 category from previous employer with PD of August 2011. Once the perm is approved, will the new I-140 need to be filed as EB2 or can it be filed under EB3 along with I-485 (assuming EB3 dates are current and EB2 are not at Perm approval).

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1. Will there be an Interview when you use the filing date before your final cutoff date is current or only after the final cutoff date becomes current.

2. Anyone on H4 EAD and they receive EAD through I-485 EB2 to EB3 downgrade and if you don't want use the later for potential conversion back to EB2, Will their H4 EAD still be valid and extended later?

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I have a Bachelor of Engineering in Mechanical and did Masters in Computer science.

If I decide to downgrade from EB2 to EB3, will there be any issue considering my 4 year non computer science degree?

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On 9/28/2020 at 5:24 PM, Kram83 said:

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

I'm in the same situation, Please advise.

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Hi 
changing jobs from Employer A to Employer B in case of i-485 AOS has been filed and pending >180 days  
what do Employer B needs to do to port the GC process ? can Applicant have his own attorney ?

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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?

I am in same boar and have same question. Can any one guide me on next steps please?

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Hello

Had a question While Filling AOS forms (485,765, 131, 944 etc) based on approved I-140 -  spouse has H4 EAD related A#. Do I fill that A# for her in all forms or leave it blank. It’s confusing as that A# is for non immigrant work permit and she will be applying for a new A# with the new 765. My attorney is on Covid vacation so filling forms most forms myself. Can someone guide. Thanks 

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On 10/1/2020 at 9:45 PM, Lamper said:

My perm is filed with current employer and awaiting approval. I have an approved I-140 in EB2 category from previous employer with PD of August 2011. Once the perm is approved, will the new I-140 need to be filed as EB2 or can it be filed under EB3 along with I-485 (assuming EB3 dates are current and EB2 are not at Perm approval).

I am on same board, I do not see a single response on this forum, though many questions were asked in similar line.

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I am thinking of downgrading to eb3 from eb2 with current employer based of filing date. Employer is supporting. If in future, I change employer using ac21 portability, and PD for EB2 becomes current, Then have I lost my spot since I downgraded? (I understand within same employer interfiling will work) 

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If let’s say the November visa bulletin walks back to using the chart of final action date, and my AOS package is mailed out on Oct 30 but reaches USCIS on Nov 1, will my package be rejected since it fails to be received by USCIS by Oct 31 (assuming I will be retrogressed in Nov)?

Thanks

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I have my I140 approved with eb2 and priority Aug 2010, but due to unavoidable reason I had to travel to india and my h1 is out of status, is it possible I could file for I485 after oct 20 bulletein?

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My EB2 PD India-  Nov 21, 2011

Spouse EB2 PD India – July, 20, 2011

 

I am downgrading to EB3 and doing concurrent filing of I-485 only for myself this month (Oct 2020). Spouse will be filing for I-485 under EB2 with his PD when it becomes current for filing (hopefully next month, Nov 2020).

 Later in future if my Spouse’s PD of July 20, 2011 becomes current in EB2 category for Final Action, can I move my I-485 application under my spouse as a derivative?

Edited by rajsheel

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So, I'm getting ready to downgrade from EB2 to EB3 and file for AOS. When filling out form I-944, it requires Tax transcripts. I realized there was an error in the tax return I filed for 2019 and am filing an amendment. Is this going to be a problem when filing the I-944 with the old incorrect Tax transcript?

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On 9/24/2020 at 10:03 PM, visa2gc said:
I had PERM and approved I-140 from Company A. When I moved out of Company A to company B, then Company A revoked my I-140. Company B filed PERM,  I-140, and ported my priority date. Now I have moved to Company C, which has not started my PERM process yet.

My date has become current for I-485 filling. If I join company A,  
1) Can company A restore my I-140  without filling for PERM
2) Can company A file I-140 and 485 concurrently?
 
 

 

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My wife hasn't started GC with her "current" employer. Her "previous" employer is a small consulting firm. They had filed her perm and i140 in EB2 when she was working with them. Her priority date with them is 17th Oct, 2011.

We contacted her previous employer. They are ready to file i485 for her for that old 2011 role to help her. But, they don't have any immigration lawyers and are not sure if it is possible.

Questions:
1) Can an old employer apply i485 while my wife is no longer employed with them?
2) Can an old employer downgrade from eb2 to eb3 and apply for i485 at the same? 
3) If yes, then, What is worst case scenario? Say, if we get RFE or Rejection, Can she go back to i140 approval stage and retain old priority date? Or Green Card process itself is denied or becomes questionable?
4) If RFE comes...can we withdraw our i485 application?

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Hi, 

My priority date is Apr 2015 for EB-2. My I-140 is approved. I am currently in Boston. MA. And I am officially a remote worker. My husband is considering an opportunity in Florida. 

1. Would my labor have to be re-filed if we move to Florida?

2. Considering that EB-3 is current until Jan 2015 - what's your suggestion?

2.1 Does it even make sense to move right now?

2.2 Or wait for sometime, and let him move, and I do not change location? 

Appreciate any inputs,

Vinie

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