Unfortunately I don’t think so. I believe the requirements are you need an approved PERM and approved I-140 from current employer. This is the situation many people are going to find themselves in.
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Nothing happens, you will use the Final Action dates. But it seems most likely they will accept the Filing dates from the statement in the Visa Bulletin "The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits."
Plus this will being them a lot of funds in.
My PD is EB2 Jan 2011 so I'm current for filing. Should I still consider downgrading to EB3 in anticipation of being current for final action sooner? Completely torn :)
OK, I get your point, but did you have to really say it so early (thoda aur celebratory nachne dete humko aur) :-). Well, TBH you have a valid question. let's see what experts advice on this.
There is a massive gap between EB-3 and EB-2 filing dates. A lot of downgrades will clog EB-3 line as well.
Hi,
My PD is EB2 Oct 25 2011, can I downgrade to EB3 and file concurrently in eb3 category since eb3 has moved to jan 2015.
Any reason why would your current employer do not provide you the I140 even if you are going to file your 485?
if they do not or will not for some reason unspecified you can get a copy from USCIS by making them a request as I140 from current employer or a concurrent filing is one of the requirements to process AOS.
I am very sorry for your situation. You can not file AOS from outside USA. Also once you file AOS you must have an approved AP otherwise if you leave country your AOS is considered abandoned.
So your best bet is to come back before end of October and file AOS immediately once you are back. Again - I truly feel terrible to answer it this way. Perhaps spend some money, talk to a lawyer about your situation. May be there is a way.
I saw that the fling fee’s will be changed by Oct 2nd. Is there anymore changes to filing 485 than that???
Thanks, Q.
Unfortunately, I am not eligible for dropbox as my stamping expired in 2017.
I will definitely check with a lawyer.
Given, the current volume they are going to take in, should I assume it will take atleast a year to get the AP?
It looks like DOS moved the FA dates based on Quarterly spillover calculation. Based on the usage, the EB2I FA dates might move slowly for the next 2 months. But in the next quarter we should expect another 1.5 month movement for EB2I. We should wait for the Check-in with CO.
The DF dates are based on the full year potential movement. So, I don't think those dates are going to move unless there is vertical spillover from EB1 (potentially in summer 2021).
@qesehmk can you please reply?
I have previously done FOIA request to get copy of I-140 but it may take few months, which you may or may not have. I was previously told that if you happen to have your A# or I-140 receipt #, that could be used. I work for bank and hate that fragomen/hr refused to share the copy of I-140.
So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/1309112960414093313?s=20