October 2020 VB Discussion

[mesan123]

So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/...414093313?s=20

Hmm... if this happens bummer...

[newyorker123]

Can an old employer (with whom I have approved EB2 I140) file for a new EB3 I140 (for downgrade) and I485 WITHOUT me re-joining them as an employee ?

If not, they should definitely be able to do this if I join them, right ?

[vbollu]

Absolutely yes.

ty so much, I contacted my employer about that, what date before I have to file I-485.

[GCkaLADDU]

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

Q\Fellow Travellers

My PD is April 2013 (EB3-I) and it's a consular case as i was out of States when it was filed. I am currently in States on H1B and my understanding is that i should be able to file I-485. Just need to notify NVC and USCIS.

Is my understanding correct?

[qesehmk]

ty so much, I contacted my employer about that, what date before I have to file I-485.

October 31st ... or beyond if they do not retrogress the dates in Nov bulletin.

[gansun]

My PD is EB2 May-2013. I am still with my current employer. Can I ask my employer to downgrade to EB3 and file concurrently I-140 and I-485?

[inspired_p]

Also, if your new job is working for your employer at their site and not consulting/contracting work at a client site, I think that's a big plus point to accept the offer.[/QUOTE]

Always chase the career opportunity! If dates get current they won't retrogress for another decade...you should be in the safe zone. Good luck and god speed!

I made the mistake of not switching my job for years believing my PD will be current this year,every year. Don't make that mistake. If you like the job, just go ahead. Your PD will be current forever after 12 months or so. So you're not losing out much if your new job makes you happy.

This bulletin has given enough indication for me to stay put. I hope I get the opportunity to use the Dates of filing chart in the coming quarter.
People are just milking the cash cow without any consideration of the human element behind all of this. But that's the price we pay for the American dream I guess.

[inspired_p]

Will they use "Dates of filing" chart and how many months do you think they will use it?

[getsaby]

I hope USCIS don't put a damper by using FAD, instead of FD. There is no point of moving FAD this far and not acknowledging it.
Also I hope they do work diligently with new I485 applicants and not like H4, which is taking 12 - 15 months at CSC and the whole fingerprinting appointments wait times.

[mesan123]

When does USCIs update there Bulletin Normally?

[imdeng]

So I am finally current in the next month.

And that brings another complication. I had filed an extension of tax return for last years and have not yet come around to filing tha tax return yet. Do you guys think that is something that is likely to result in an RFE. I should expedite filing it before Oct 1st?

[prabakarb]

So I am finally current in the next month.

And that brings another complication. I had filed an extension of tax return for last years and have not yet come around to filing tha tax return yet. Do you guys think that is something that is likely to result in an RFE. I should expedite filing it before Oct 1st?

The answer NO. No need to worry about your tax returns.

[prabakarb]

Look at the coming month's projections till Jan/20. The dates will move rapidly. It depends on your priority date. What is your priority date?

[maverickwild]

The answer NO. No need to worry about your tax returns.

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

[imdeng]

The answer NO. No need to worry about your tax returns.

Prabakarb - Thanks for responding. Could you provide a little more details? How do you know? Personal experience or knowledge of law/rule etc. Sorry - I am not doubting your word - just that I am hyper-cautious about anything immigration related with whats going on in the country right now.

[vbollu]

My PD is EB2 May-2013. I am still with my current employer. Can I ask my employer to downgrade to EB3 and file concurrently I-140 and I-485?

ty very much.

[imdeng]

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

In my case I actually will have a refund due to me. I just have not filed the tax returns yet.

[imdeng]

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

I had the impression that USCIS can not access any individual's IRS records - unless of course we submit them as part of I-485 application.

[Prabhas]

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.

Also on the similar lines Q.. extending it...

I have a question too..This was answered many times but would like to run it again as a sanity check..

I have a valid H1-B till Year 2022 and also have a visa stamped till 2022. I am current with this movement (EB2 July 2010). Now once I file my AOS/AP with USCIS in the month of October, can I travel overseas using my H1-B visa in November or later? Or should I have to wait till I a receive receipt number for my I-485/ AOS? Or will it also fall into the same category of AOS/AP abandoned?

[qesehmk]

So I am finally current in the next month.

And that brings another complication. I had filed an extension of tax return for last years and have not yet come around to filing tha tax return yet. Do you guys think that is something that is likely to result in an RFE. I should expedite filing it before Oct 1st?

imdeng- great to see you are current finally. I think there is nothing to worry here.

[qesehmk]

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

I think there could be more likelihood of the person in question cheating on his IRS and USCIS application at the same time as compared to IRS and USCIS coordinating and looking for denying entry to people committing financial fraud.

I don't mean to dig at your friend... just trying to say that the likelihood is ultra low.

[GCkaLADDU]

Q\Fellow Travellers

My PD is April 2013 (EB3-I) and it's a consular case as i was out of States when it was filed. I am currently in States on H1B and my understanding is that i should be able to file I-485. Just need to notify NVC and USCIS.

Is my understanding correct?

Anyone?

Sorry haven't been this hopeful in a long time

[imdeng]

imdeng- great to see you are current finally. I think there is nothing to worry here.

Thanks Q. I am still going to make an effort to get my tax return in as soon as possible - but its good to know that its not a specific reason to be too worried.

For others who may have similar question: my research indicates that USCIS has access to your SSN records (for example: paychecks assigned to your SSN) but it does not have access to your IRS records.

[maverick2010]

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

[mesan123]

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

You are correct... USCIS didnot yet update there decison for October Bulletin.. Can someone let me know normally when us update that...? Thanks in advance