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30 Dec 2020

I failed to include the correct filing fee when I filed my I-485 in October, so the USCIS rejected it. Now, my priority date is no longer current. Can I refile now with the correct fee?

Answer If the I-485 application was properly rejected, one typically would not be able to refile the I-485 until the priority date is again current. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

19:12 / FAQs / For Employers / For Individuals / Resident / Visa Bulletin / Worker
15 Oct 2020

I am filing an EB3 downgrade case. I read online that, if I use my I-485 EAD (as opposed to staying on H1B,) I will no longer be eligible to upgrade back to EB2. Is that true?

Answer For our clients who are on H1B, we normally recommend that they remain on H1B until the green card is issued, if possible. The main reason for this is as a simple precaution in case the I-485 is denied. (i.e., If an I-485 applicant maintains...

11:39 / Employment Based / FAQs / For Employers / For Individuals / Resident / Visa Bulletin / Worker
08 Oct 2020

I am filing my I-485 this month for me and my whole family based on the EB3 dates for filing chart. My daughter is almost 21 years old. Will this protect her from aging out?

Answer Unfortunately, filing an I-485 based on the dates for filing chart is not sufficient to prevent a child from aging out. That rule only applies when the I-485 is being filed based on the (less favorable) final action chart. To determine whether your child will...

10:21 / Employment Based / FAQs / For Families / For Individuals / Resident / Visa Bulletin / Worker