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Murthy Law Firm

Preparing for a Current Priority Date


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This week, Murthy Law Firm attorneys will answer questions from those with current priority dates, or for those who expect to be current in the near future.    

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

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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My priority date is current (October 2011 in EB3) from previous employer. Per Feb-2022 Visa Bulletin, Final action date is 15JAN12. 

I changed to new job and did not file 485. My current employer is yet to file PERM. Is there any expiry for my priority date. Can I keep extending my H1B in 3 years increments till I complete PERM filing and I-140 approval from current employer. If any risk, and priority date does not retrogresses, I am unable to extend beyond 1 year, what are my options.

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Hi, 

My priority date is current now (Dec 2012) in EB2 category. Currently I am in Canada working for a different employer, is there any time limit by when i-458 needs to be filed? 

I do plan to move back to USA most likely on L1 or H1B next year and I am wondering if I will be able to use my Dec 2012 priority date for GC application after I move back. 

 

Thanks!

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On 2/6/2022 at 1:08 AM, jojo869 said:

Hi, 

My priority date is current now (Dec 2012) in EB2 category. Currently I am in Canada working for a different employer, is there any time limit by when i-458 needs to be filed? 

I do plan to move back to USA most likely on L1 or H1B next year and I am wondering if I will be able to use my Dec 2012 priority date for GC application after I move back. 

 

Thanks!

If you have not yet used the immigrant visa offer/number, and the offer is still available to you when you return, you should be able to take advantage of that offer to pursue your green card. 

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On 2/4/2022 at 11:14 PM, RRE said:

My priority date is current (October 2011 in EB3) from previous employer. Per Feb-2022 Visa Bulletin, Final action date is 15JAN12. 

I changed to new job and did not file 485. My current employer is yet to file PERM. Is there any expiry for my priority date. Can I keep extending my H1B in 3 years increments till I complete PERM filing and I-140 approval from current employer. If any risk, and priority date does not retrogresses, I am unable to extend beyond 1 year, what are my options.

Once your priority date is current and you've used up the initial six years of your H1B, USCIS will typically only issue extensions in one year increments. If your priority date has been current for more than one year, you may need to show that the failure to file your adjustment was due to circumstances beyond your control. 

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Hi,

My PD per my prev employer is current (Mar 2013) per the Mar 2022 Bulletin. However I changed job in 2020 and employer started GC process in sep 2021. Currently Perm PWD is still in processing and not sure when the actual perm will be applied due to delays in dol and uscis. I understand that PERM cannot be applie in premium but wanted to check if there is a way to speed up PERM?

 

Thanks

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On 2/16/2022 at 11:14 AM, sapen said:

Hi,

My PD per my prev employer is current (Mar 2013) per the Mar 2022 Bulletin. However I changed job in 2020 and employer started GC process in sep 2021. Currently Perm PWD is still in processing and not sure when the actual perm will be applied due to delays in dol and uscis. I understand that PERM cannot be applie in premium but wanted to check if there is a way to speed up PERM?

 

Thanks

The only way to potentially speed up the process is to start ads prior to the PWD being issued. However, there are risks that should be discussed with your attorney and employer. 

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Hi All,

We received  "Notice of Intent to Rescind (NOIR)"

We filed GC EAD on October 2020 and received cards in January. Our priority date was June 2014. 

we also received the greencards in july 2021 before our priority date. Now we received notice of revoke in February 2022. Our GC EAD is expired and now we didn't understand what happens next. We contacted the Attorney and he is still reviewing the notice. If you have any suggestions please le me know.

 

Thank you in Advance!

Edited by bhavanabbq
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