I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences
Video Transcript
Note: 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.
I had EB-2 I-140 with PD of March 2017 , My EB-1 I-140 is Aug 2018. My attorney has filed for amendment of priority date - How this works , will they open the case again ?
How long will it take to get the amended I-140 with old priority date.
Note: 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.
Discussion Topics, Thursday, 10 January 2019:
FAQ: The logistics of porting a priority date, how to? ||Consequences of and logistical problems in dealing with criminal arrests or convictions in immigration cases||What to do when the 240 days H-1B work authorization is expiring?||Downgrading a case from EB2 to EB3 for priority date advantage||
Other: How to calculate H-1B time while the case is pending ||Successor in interest cases ||Transferring family-based cases ||Converting pending H-1B cases to premium ||H-1B visa stamping problems ||CSPA issues while the I 140 is pending||Filing an appeal against H-1B denial ||Effect on employment-based green card of relocation or moving abroad || REmoval of condition on green card through marriage
I had a approved I-140 from Employer-A under EB3 category with PD-Oct’12. My new Employer-B filed for I-140 under EB2 and obtained an approval. However, the PD is Jul’18 even though priority date porting was requested. Employer-A has not revoked the approved I-140. Not sure if this is a typo or default PD on the form with the assumption that I-485 can be applied when EB2 is Oct’12.
Note: 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.
We were retained to assist a single US Citizen woman to adopt a child from India. Due to India’s rigid regulations pertaining to who is eligible to become an adoptive parent of an Indian orphan, our client was initially worried this dream would never come to fruition. She had received very discouraging advice from several sources. Nevertheless, within about one year’s time after we started working, the process is completed. Both immigration related petitions (I-800/I-800a) were approved within a few weeks after submission.
On December 3, 2009 new laws intended to create a thorough nationwide child welfare system and an intercountry adoption procedure in conformance with The Hague Intercountry Adoption Convention were implemented in Cambodia. However, the processing of adoption petitions for Cambodia was still suspended on December 21, 2009 due to concerns relating to fraud, lack of legal framework, and lack of safeguards in Cambodia to protect children’s best interests. USCIS remains unable to approve any Form I-600.
The U.S. Department of state released the following information pertaining to non-hogar Guatemalan Inter-country adoptions:
I have LC approved and 1-140 approved last year April. How do I know when I can file I-485? Is USCIS going to let my employer know about it? Also what is the priority date for Indians who are current?
USCIS does not inform. You should keep track of the priority dates. See the Visa Bulletin each month: http://www.immigration.com/visa-bulletin
On March 30, 2009, USCIS assumed responsibility from the DOS for adjudicating any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed within the Russian Federation, this release provides responses to commonly asked questions on the issue.
Discussion Topics, Thursday, July 22, 2021:
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
1 Green Card through PERM, Step 1 - The PERM process
1.1 Preliminary points
1.1.1 Most commonly used process and is based upon a permanent, full-time job offer
1.1.2 Involves testing the labor market for a defined job
1.1.3 Green card is for a "future job"
1.1.4 Employment-based categories 2 and 3 (EB-2, EB-3)
1.1.5 WE MUST act honestly and in good faith
1.1.6 There are three steps: PERM, I-140, and I-485 OR consular processing
Media Note Office of the Spokesperson
Washington, DC
November 18, 2011
The Department of State is pleased to announce the release of the 2011 Annual Adoption Report to Congress, which coincides with National Adoption Month. This year, we welcomed Kazakhstan and Ireland as new parties to the Hague Adoption Convention. The Convention provides the best framework for ethical, transparent intercountry adoptions and ensures that adoptions are conducted in the best interest of children.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced it cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed on behalf of a child to be adopted from Vietnam. The Department of State (DOS) has determined that Vietnam has not proven capable of meeting its obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention).
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.
Rajiv and his team have fixed the priority date issues with my I-485 when I moved my case to them from a different law firm. Rajiv's team Mathew, Mark and Heather who worked on my case are very dedicated and helpful. Rajiv is very knowledgeable, he has answers for any question in the immigration world and he is a very helpful person too, even with his busy schedule he is available to answer any questions. I would strongly recommend their law firm for all the immigration needs
If one has an approved I-140, does he/she to move to a similar job/position/field to save the PD?
No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).
My father applied for a green card for me back in August 1993 and I was wondering when am I going to get my interview for my green card.
I have a priorty date(PD)of dec 07 filled under EB3.my I-140 got approved this march.I have 5 years experience as of 2010.can I file as EB2 with another employer as my current employer is not willing and still use the same PD? My first labor certification was in audit for 2 years before they cleared it.Do I have to go through all these steps again with new employer? Can you please explain the process if possible?
You do have to start the green card all over again, but your PD is yours to take with you to the new job.
I have adopted a daughter from India. Rajiv S. Khanna Law firm did I-800 for the adoption. Everybody was very helpful throughout the process specially Ms. Sheena Gill. She worked effortlessly on my case, finding an adoption agency to making calls to CBP. This process would not have been possible without Ms. Sheena’s hard work.