Currently outside USA, when priority date becomes current.

[KarBabu]

Hi - I have Eb2-I priority date of July 2013, if my date becomes current or if i downgrade to Eb3, I will eligible to file adjust of status/i-485.

I am outside USA (in canada, indian citizen) for last 3 years, I can't apply for H1 transfer as the visa ban exists till Dec 2020 for transfer petitions, what are my options? Can i still wait till the ban is completed and come to USA in Jan 2021, then file adjustment of status?

Will it be too late or do you suggest going for consular processing- if USCSIS says, we can use date of filing, can date of filing be used for consular processing? If consular, do you know, what is the wait time from start to end for that process?

My preference is to get EAD and stay in US.

Any piece of advice, that you can share on this, will be greatly appreciated.

[johnmc]

Hi, I am in the same situation as you. Have you found out anything more ? Thank you !!

[JoeF]

If you are outside the US and you can't enter, e.g., with an H1, the only option is Consular Processing. An I-485 and EAD can only be filed if the person is in the US in valid status. To switch to CP (if it wasn't specified on the I-140) requires filing an I-824.

[KarBabu]

Thank you JoeF, oct 2020 visa bulletin allows to use "date of filing" for filing adjustment of status for EB categories.

For consular processing based on oct 2020, do we refer "date of filing" or "final action date" for checking priority date?

My priority date is Jul 2013, if i refer date of filing, it is current, will i be eligible for consular processing?

Is there an official link to check this? Thanks again.