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21 Oct 2021

In October 2020, I filed an I-140 EB2-to-EB3 downgrade case, along with my I-485 application. Now, it looks like the EB2 India cutoff date may advance past the EB3 cutoff date. If that happens, will the USCIS automatically adjudicate my case as an EB2 case?

Answer No. If the I-485 was filed based on the EB3 I-140, the USCIS normally would continue to process it as an EB3 case. In order to have the case processed under the EB2 category, one option may be to interfile the previously approved I-140 to...

09:48 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
21 Oct 2021

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same / similar position. (21.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

09:44 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
22 Sep 2021

October 2021 Visa Bulletin Check-In

The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. The October 2021 Visa Bulletin included predictions, but Mr. Oppenheim provided some additional information during the program. Most notably, he provided more...

11:57 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
13 Sep 2021

NewsFlash! Use “Dates for Filing Chart” for Oct 2021 Visa Bulletin

The U.S. Citizenship and Immigration Services (USCIS) updated its adjustment-of-status filing charts webpage today, indicating that the more favorable dates for filing chart (i.e., Chart B) is to be used for virtually all family and employment-based categories in the October 2021 Visa Bulletin. The only...

17:05 / Employment Based / Family Based / For Employers / For Individuals / NewsBrief / Resident / Visa Bulletin / Worker
05 Aug 2021

Overview of I-140 Downgrade from EB2 to EB3 Preference Category

Historically, the employment-based, second preference (EB2) category for India has enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. More recently, the cutoff date for EB3 India has surged forward, and has consistently remained ahead of...

08:08 / Employment Based / For Employers / For Individuals / InfoArticle / Resident / Visa Bulletin / Worker