EB3 priority dates- Urgent

G

gcluckyr

Registered Users (C)
Hi All,

As you know EB3 priority dates are retrogressed back to Dec 31st, 2001. One of my friend has got approved labor which had PD March 20th, 2003. Since Rules are changed and effective from jan 1st,2005, he is going to apply I-140,I-485 before Dec23 rd, 2004.

We have got the following questions and would appreciate If you get back to us

1) Does his I-140 will be processed even though his labor PD is not current ?
2) Does he get EAD,AP ??
3) If I-140 get approves, can he change employer 6mths from date of I-485 filing ??

This is what my understanding from USCIS announcement

If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current .

Does It Mean can he use AC-21 rule even though his PD is not current ??


Thanks
 
Your friend will file concurrently and wouldn't be able to use AC21 until I-140 is approved. Unless the rules change his I140 will be approved only together with I485 when the PR becomes current.
 
USCIS May Abandon Concurrent I-140/EB-485 Filing Procedure

"The so-called interpretation of the new legal counsel of the USCIS who disagreed with the USCIS interpretation of AC 21 180-day rule. It is a well known information within the immigration lawyers community that the new legal counsel was planning to release his legal memorandum to the effect that the EB-485 applicants would be able to change employment even before approval of the I-140 petitions. The release of this memorandum has been delayed for the obvious reasons. The second is consideration of dropping altogether concurrent filing policy which will also kill the concurrent adjudication policy. Since abandonment of the concurrent filing policy will be able to resolve all the difficult and embarrassing political, legal, and policy problems, unconfirmed sources indicate that the USCIS is seriously considering to drop the concurrent filing procedure. "
 
Serenity_now,
The concurrent filings is the only way for the USCIS to reduce backlog, so if they have to choose between immigrants' convenience to be able to change jobs and the backlog reduction they won't do in our favor.
 
udacha6 said:
Serenity_now,
The concurrent filings is the only way for the USCIS to reduce backlog, so if they have to choose between immigrants' convenience to be able to change jobs and the backlog reduction they won't do in our favor.
Click to expand...


As you can see nothing is confirmed yet....
 
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