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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
01 Oct 2020

I have an approved I-140 for a position as an engineer. I am now being sponsored by a different company for a managerial position. Will this cause me to lose the priority date from my old I-140?

Answer Retention of the priority date has nothing to do with the nature of the job. In general, one may retain the earliest priority date on any approved I-140, regardless of whether the job is similar or not. (31.Jul.2017)In frequent sessions of our Chat, Sheela Murthy...

16:30 / Employment Based / FAQs / For Individuals / Resident / Worker