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Hello,
I'm a long time reader of this forum. Thank you so much for insights and focused discussion!
I'm in a bit of quandary now that visa bulletin advanced so much. My PD is EB2 Jun, 2010. I left my last employer earlier this year and the new one is filing a perm next month. The lawyers I spoke with told me I cannot file till new I-140 is approved. Is that true?
Appreciate your help,
Are medicals also required to be submitted when filing 485? or do we do those later?Quote:
Originally Posted by gs1968
My employer has an approved PERM, I-140 not filed yet . ( Priority Date Oct 2010 from previous employer) . What do you think is the best option, applying in EB2 or EB3. All indications seem to suggest EB3 FAD would move faster and stay ahead than EB2.
When your FAD itself is current then you can file 485 even when your 140 is not approved.Quote:
Originally Posted by donkeykong
Ah, that clears the confusion. Thank you!
Hi qesehmk,Quote:
Originally Posted by qesehmk
Is it FAD or date of filing that matters for filing concurrently ? I am planning to file concurrent with October 2010 PD
My PD is June 2010 while my spouses Mar 2011 (Both Eb2).
As I mentioned earlier, I cannot file right now because of employer switch and new I-140 is still in process.
If we go with Mar 2011 application right now, can we switch June 2010 once I-140 is approved (assuming dates are still current)?
Whichever date USCIS is honoring for the particular month. For october, you can file I-140 and I-485 concurrently. But I-140 cannot be filed until perm is certified.Quote:
Originally Posted by inspired_p
When 140 is not approved then 485 can only be filed when FAD is current.Quote:
Originally Posted by inspired_p
When 140 is approved then 485 can be filed even with filing date.
So when can folks start to see RFEs? Just want to have my documents like Suppl J, Medicals, etc. ready.
Should I wait till my date becomes current (FAD) or wait till an RFE is actually received? Do they reserve a visa number while they await the RFE response or its pretty much on a first-come basis?
If you check my previous posts I was advising NOT file in EB2 for more than 6 or 7 years now.. instead file it in EB3.. now I can even more strongly say to go for EB3..Quote:
Originally Posted by inspired_p
Can you point to a source for this? Are you saying that those downgrading from EB2 to EB3 cannot file I-485 until their I-140 is approved unless their priority is current under FAD? Downgrading requires filing a new I-140.
Can you point to a source for this? Are you saying that those downgrading from EB2 to EB3 cannot file I-485 until their I-140 is approved unless their priority is current under FAD? Downgrading requires filing a new I-140.Quote:
Originally Posted by qesehmk
That's not accurate. You can file concurrently when the filing dates are current.Quote:
Originally Posted by qesehmk
Can some answer my query...Thanks in advanceQuote:
Originally Posted by mesan123
I will be careful here. It will all depend on the downgrade volume. Also, for ppl. who upgraded from EB3 to EB2 can file using the EB3 I-140 as such. You don't know how much such volume exists. They will add to the EB3 pipe pretty quickly.Quote:
Originally Posted by inspired_p
That is my understanding too. i don't think there is any legal ramifications from filing dates v. FAD dates except that they give USCIS an option to use one or the other for accepting AOS filings.Quote:
Originally Posted by Zenzone
Quote:
Originally Posted by Positive
Quote:
Originally Posted by Zenzone
Here is the source ... https://www.uscis.gov/green-card/gre...-of-form-i-485Quote:
Originally Posted by Positive
Happy to be proven wrong. If somebody can interpret this please chime in.
Bingo! True thatQuote:
Originally Posted by Positive
I was originally EB2 , when my filing date ( not FAD) for EB3 was current in Jan last year ,I was able to downgrade ,file concurrent 140 and 485 in EB3. I am on EAD since.Quote:
Originally Posted by qesehmk
So it seems USCIS somehow is not strict about its own guidance. Hey I wouldn't complain about it.Quote:
Originally Posted by maverickwild
Bottomline: go ahead and file concurrent. Worse case is waste of some money and effort. But the benefits of 485 will outweigh any potential loss.
If I downgrade my I-140 from eb2 to eb3 with the same employer, in future if I want to use my old EB2 I-140 will that be valid or do I need to file new perm and I-140? can experts through some light on this?
Quote:
Originally Posted by YTeleven
I was a part of a FB live webnar setup by HIRE IT, and the answer to this question from the lawyer is EB2 petition is still valid, EB3 downgrade is a petition amendment, and if EB2 dates are favorable in the future, there is something called Interfilling to use the old EB2 petition.Quote:
Originally Posted by vbollu
Quote:
Originally Posted by YTeleven
Thank you.Quote:
Originally Posted by Zenzone
The caveat here is this -Quote:
Originally Posted by qesehmk
When adjudicating concurrent filings, we determine the eligibility for the immigrant visa petition first. If a visa number remains available for the immigrant classification and your Form I-485 is approvable (which in certain cases requires an interview), we will generally consider the adjustment application at the same time. We will mail separate decision notices for both forms.
By Visa number being available - The interpretation is a visa number is expected to be available in the near term based on current projections a.k.a filing date basis.
I don't see FAD or filing dates in this guidance, only that visa be immediately available. Has the USCIS ever differentiated the two and defined FAD as visas being immediately available and the filing date=visas not immediately available? I don't think so. FAD and filing dates have no basis in statute or even regulations I believe. It's just gobbledygook, as Scalia would say.Quote:
Originally Posted by qesehmk
You don't have to file another EB2 I140 in that case. Yes interfiling is possible. Similarly if you upgraded from EB3 to EB2 you don't have to file an EB3 I-140 again either. It is lawfully allowed to have more than one I-140 across categories and file for AOS just based on whichever category meets your PD the earliest.Quote:
Originally Posted by vbollu
Well of course, this seems like a sensible policy. Otherwise, what possible use is of the "filing date"?Quote:
Originally Posted by Zenzone
Quote:
Originally Posted by Zenzone
if that is the case, every one will benefit with this rule.Quote:
Originally Posted by inspired_p
Quick question. Do you need to complete medicals BEFORE we file for 485 (just based on filing date) and not final dates.Quote:
Originally Posted by vbollu
Quote:
Originally Posted by Zenzone
no, not needed as per my knowledge.
https://cilawgroup.com/news/2017/11/...status-filing/
Must I-693 medical exams be submitted with the initial I-485 filing?
The short answer is, NO. USCIS policy requires only that the medical exam be submitted any time prior to adjudication. According to the USCIS Policy Manual,
However, just my opinion: if possible send all documents together to make sure the packet is complete.Quote:
Originally Posted by vbollu
Yes. But the negative side is that if the final action takes longer than expected, medicals will expire and you would have wasted money, time and effort. That's the trade-off.Quote:
Originally Posted by nbk1976
Thanks. That's what I heard from few of my other sources too.Quote:
Originally Posted by vbollu
Hello friends,
New member here. My PD is Aug 20 2009 in EB2 and am now current. I have EAD and had applied for i485 already few years ago. Also got medical and RFE taken care of.
What is next for me? Do I have to check mails and nothing else?
FWIW - Q - I am current as well....this forum was literally the support I needed to wade through the past few years. Thank you!
True! I say if you expect your date to be current in the Final Action chart in the next 2 years, then its best to submit it together rather than receiving an RFE later..Quote:
Originally Posted by Zenzone
But didn't they make the medicals valid for 2 years now, from the earlier 1 year? That should help reduce that occurrence. I don't know having never experienced this situation. I feel bad though from stories here of folk having done the medicals 2 or 3 times.Quote:
Originally Posted by Zenzone
Yeah I am checking on this with my attorney too. The medicals are valid for 2 yrs. so I am guessing that will be good enough for EB2 FA to be current by then.Quote:
Originally Posted by nbk1976
Great! Happy for you!Quote:
Originally Posted by NJMavarick