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Attorney_22

Visa Bulletin Priority Date Movement

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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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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?  

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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 

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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?

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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?

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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!

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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.  

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8 hours ago, 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.

 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.

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Hello, so is this confirmed that USCIS is honoring the filing date posted on state October visa bulletin? What are the chances that they will go back to Final action date? Also in next bulletin chances of retrogression? 
my priority date is EB2 4/2011. Can you also provide here the list of documents that needs to be collected and about the timeline that 485 needs to be filed to avoid any issues? Thank you 

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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 ? 

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EB3 – Employer A : I-140 Filed by my employer A and was approved on March2015 in EB3 category with the priority date of August2014. I moved to Company B(new company ) on 2017.

Employer B : yet to file Labor at company B.

My question is-- Now that the dates are current, can I file for I-485 based on older approved I-140 or file 485 together with new I-140 at company B?

Appreciate your response. Thank you!

Thanks
Kumar

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My PD is September 2013 EB2 . Should I downgrade to EB3 and file I-485 together?

1. After filing I-485 , what happens if the dates Retrogress in EB3 . Will I still get an EAD and then wait for the dates to be current?

2. If at a later date EB2 dates move better , then do I have to file I-485 again to use that or would it just be an interfiling to use the EB2 I-40 as the base?

3. Have heard that even after AOS , it is better to manage H1B parallelly .  Would dependents also have to maintain H4 and H4EAD? 

THank You for helping us through the questions

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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 ? 

Edited by yellow

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My priority date is current as per October Visa bulletin. I am unable to find the hard copy of my I-140 Approval notice. I am pretty sure i misplaced it somewhere. But i do have the soft copy of both my I-140 approval notice and I-140 Receipt notice. Are these sufficient enough to file my I-485? And do i need to carry only the hard copy of I-140 for the interview or a soft copy of the I-140 Approval notice would do?

Thanks for your help !!!

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Hello,

I am in the process of transferring my H1B from my current employer  A to the new employer B. The new employer B applied H1B transfer 5 days ago. My current Employer A applied for my  I-140 in 2010 and my priority date is November 2010. In this case, how to file my adjustment status I-485 by using October bulletin date? Can I file I-485 by myself without involving employer A or B? If not, what is the process?

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My GC PD is 6/10/2011. I have an approved I-140 in EB2.

1) If I downgrade and apply I-140 and 485 in EB3 and after few months EB3 retrogresses and EB2 final dates become current, then what is the procedure to move back to EB2? Do I have to file the I-140 back again in EB2?

2) If I apply I140, 485, EAD & AP now in EB3, and the dates retrogress next month. Will I get my EAD or does the date have to become current again?

Thank You in advance!

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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, My date is current for filing EAD. My indian passport expires in December 2020. I am in the process of applying a new passport. Is the new passport required in the list of documents that i need to be submitting. OR, can i submit my current valid passport and send my new passport when my passport arrives. Thank you!

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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?

Edited by @NewUser

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23 hours ago, 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.  

 

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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! 

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Hi,

Will be grateful to get your thoughts on my situation. I have EB2 I-140(PD May 2013) from my previous employer. I joined my current employer and got the green card process started in Dec 2018. Prevailing wage got done in May 2019 but here is where things turn weird.

My attorneys were waiting on me to provide Experience letters from my previous employers before filing I-140, I procrastinated and thought if they really needed they will reach out again. They never did and the prevailing wage apparently expired! I-140 never got filled in the new job.
I only realized this a few weeks ago, now the attorney wants to restart the PERM process.

I have 2 questions:
1) Does approval of the prevailing wage step mean PERM was successfully finished in May 2019?
2) If yes can I use the expired PERM to file I-140 and 485 for EB3 now?

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