EB2 Green Card

Interfiling - EB-2 to EB-3 downgrade as per the amendment. Can I now interfile?

2 years ago By Chief Editor

Question details

My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.

Timeline:

I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485

My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know

1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?

2. If we interfile, will there be an impact on the EB-3, in case they reject it

3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?

FAQ Transcript

1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.

2. It could be.

3.Have your new employer start a new case. Start from PERM upwards.

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions

2 years ago By Chief Editor

Question details

I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:

1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?

2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?

FAQ Transcript

If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.

USCIS Urges Eligible Applicants to Switch Employment-Based Categories

2 years ago By Chief Editor

Release Date

02/18/2022

U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).

Feb 3, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

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Nonimmigrant Visas

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Discussion topics:

Jan 6, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

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FAQ: Consular processing employment-based green card with a job offer from a different employer

Dec 23, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

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Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

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Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

Successful response to an audit of a submitted ETA Form 9089 (PERM)

2 years ago By Chief Editor

We assisted a client company in filing an EB-2-based PERM. The submitted ETA Form 9089 was selected for an audit by DOL. They requested evidence/explanation as to why only the specified combination of a higher degree and significant years of experience were required, beyond the normal requirements defined by O*Net, a source of occupational data often cited by the government.

Agency

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Nov 11, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

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Discussion Topics:

Oct 28, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, October 28, 2021:

FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry

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