18 Nov 2021

My I-140 is approved, but I am working overseas. How can I tell if my priority date is current? Do I use the dates for filing chart, or the final action chart?

Answer For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one's priority date...

11 Nov 2021

I filed an EB3 downgrade case, and my I-485 is still pending. I read online that, if my EB2 case becomes current and my I-140 was filed as a new petition rather than as an amendment, the USCIS will automatically adjudicate my case as EB2. Is that correct?

Answer We had a similar question several weeks ago, and our response may not have been sufficiently nuanced. Our general recommendation is that, if an EB3 downgrade case has been filed and later the individual wishes to return to EB2, some action should be taken. For...

14 Oct 2021

November 2021 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the November 2021 Visa Bulletin. This month's visa bulletin includes some bad, but not unexpected, news regarding retrogression in the employment-based, third preference (EB3) category. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for...

07 Oct 2021

I am working for employer A, and employer B filed a change of employer petition for me. While that petition was pending, I received a better offer from employer C. Employer C filed a change of employer petition for me, and then both change of employer petitions were approved. Do I need to join employer B before I can join employer C?

Answer Assuming all three employer's petitions remain valid, it typically would be permissible to work for any of the employers. So, no, it would not be necessary to join employer B before joining employer C. (07.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the...