Confused of cut-off dates in visa bulletin


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Posted

Hello,

My priority date is 20th September 2011 in EB-2 category. When I checked the July & August (2011) visa bulletins for EB-2 category, the cut-off date is showing as "01JUN11" under "A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES" section and it is showing as "01DEC11" under "B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS" section. I am confused with these two cut-off dates shown in visa bulletin and below are my questions related. Kindly clarify with the details. Thank you all in advance.

1.What is the difference between the cut-off dates specified in "A" & "B" sections? What does "A" and "B" sections mean?

2.Does the cut-off date specified in "A" section means that the candidates whose priority date is on/before it are eligible to file I-485 application for issuing GC?

3.Does the cut-off date specified in "B" section means that the candidates whose priority date is on/before it are eligible to file I-485 application for issuing EAD?

4.Looking at my priority date (11/20/2011), it will not come under "A" section cut-off date (01JUN11) and I am not eligible for GC yet.  However, it comes under the cut-off date (01DEC11) specified in "B" section. I mean, my priority date (11SEP11) is past to the cut-off date (01DEC11) in "B" section. Does it mean that I can go ahead and file the I-485 application for EAD?

5.I have raised a request to my employer for I-485-J (Supplement) document to file the I-485 application thinking that my priority date (11SEP11) is past to the cut-off date (01DEC11) in "B" section. They have rejected my request saying that my priority date is not current in July/August visa bulletin and wait till it gets current. I thought that my employer was referring to "A" section cut-off date and so I am not eligible to file the I-485 application for GC. If the answer is "yes" for my question #4 above, then I should be eligible as per "B" section cut-off date (01DEC11) to file the I-485 application for EAD. Is my understanding correct?

6.Meanwhile I have spoke to an attorney and they have also mentioned that the UCSIS these days will change the usage of cut-off dates every month in "A" or "B" section for I-485 application filing. Also they have told me that the USCIS will release another visa bulletin (in addition to the initial one released) around the current month (last week) specifying which cut-off dates (either "A" or "B" section) to use for I-485 application filing. Is this correct? If the answer is "yes", then I should wait for next visa bulletin release by USCIS on this month end to know whether I am eligible to file the I-485 application (GC/EAD)?

7.My employer had filed GC in EB-3 category first in 2012 and then I have upgraded it to EB-2 category in 2015. I have the I-140 approvals for both EB-2 and EB-3 categories. When I spoke to the attorney, they have mentioned that since I have the EB-3 I-140 approved, I am eligible to file the I-485 application in EB-3 category for GC as my priority date is current  in August visa bulletin (i.e. past the EB-3 cut-off date). Is this correct? I thought that, once we upgrade the case from EB-3 to EB-2 category, then the EB-3 approval will get cancelled and it cannot be re-used. Is my understanding correct? Please clarify with details.

 

Posted

Hello,

I would like to know whether we can re-use the previous EB-3 I-140 approval once it is upgraded to EB-2? The reason for asking this question is that, I have upgraded from EB-3 to EB-2 in 2015. As per the current EB-3 cut-off date (August-2021 visa bulletin), my priority date is current. So I would like to know whether I can re-use the EB-3 I-140 approval for I-485 application filing now, instead of waiting for EB-2 priority date to get current. Kindly clarify with the details. Thank you in advance.

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