Highlights from MurthyChat Session: 15.Jul.2013

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Question: Last year EB2 dates reached May 2010. Will it happen again in this year or in the near future?

Senior Attorney:

The EB2 dates are moving forward, as confirmed in the August 2013 Visa Bulletin. For the month of August, the dates will move to January 1, 2008. There might be more movement in September, or it may just stay the same. It is unlikely that the EB2 cutoff date will advance to 2010 any time again soon, unless there is a change in the law or another unusual situation, such as what happened at the end of 2011 / beginning of 2012.

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Question: Is it allowed to have a PERM case filed by my employer and also my wife's employer for her? Can we each have a PERM case filed for us? Can my wife be my dependent if she has her own case?

Senior Attorney:

It is possible to have multiple GC cases at the same time. There is no problem with having a case as both the primary and the derivative beneficiary, this is quite common. The issue in these situations is how to coordinate the two cases, and how to use one as a backup to the other, if a problem arises. As a general matter, it is usually not advisable to file two I-485 applications for the same person. It isn't prohibited, and it happens sometimes. But, it can cause confusion so it is usually best to avoid it.

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Question: Hello, I'm currently in EAD - green card EB2. I would like to change jobs to similar job duties but a different job title. Is it wise to submit AC21 form and change the job?

Senior Attorney:

Our long-standing practice has been to submit AC21 notifications for any case in which the applicant wants to change jobs under the AC21 green card provisions. The requirement for AC21 is that the new job be in the same or similar job classification. This is determined by the job duties, not the title. We have been helping people with these cases for over a decade, and have found that it is almost universally best to send the notification to the USCIS.

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Question: Hello, for EB3-EB2 conversion friends suggested that I have to do some interfiling or something. What needs to be done for interfiling?

Senior Attorney:

If there is a pending I-485 based upon the EB3 I-140, in order to "upgrade" the case to EB2, it IS necessary to do what we call an interfiling. This is, essentially, a written request (no form exists for this request) to the USCIS to tell them that the interfiling (they call it a conversion) is desired. In some cases, this can be done via eMail, and in other cases, it has to be a hard copy letter.

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.

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