Based on the information on some of the forums including the immigration forum , that certain employment based categories, especially EB3, might be soon affected by Visa number unavailability.
As part of the same community, I have a few questions:
1. Will USCIS allow concurrent filing of 485/140 even if Visa number is not available i.e priority dates go back?
2. Will benefits of AC-21 be available to people in case they are unable to file for 485?
a] Currently my friend has 2 different labours pending from 2 diff states, one with priority date of Aug2002 [from NJ] and the other with Mar2004[Chicago].
Currently they are processing May2002 for NJ and Feb6,2004 for Chicago. Both of these could get approved anytime soon.
With his 6 yr limit due to end June end 2005, what does this mean to me if EB3 dates do get affected and priority dates go back, what does that mean to him in terms of not only applying for I140 & 1485 but in terms of getting a 7th year extension.?
b] What is the exact rule to get a 7th year extension? Labour pending more than 365 days is one but his may get approved in the next couple of months i.e well before June2005[when my 6th year ends]. Normally he could apply for I140 and i485 at the same time and still get a 7th year extension.
c] Now with EB3 dates possibly going back [ mine is filed for EB3] , if he can only apply for I140 and not for i485, what does that mean to get a 7th year extension?
Can he apply for it with his labour approval by the end of the year i.e 6 months before 6yr expiry and I140 filed possibly 3-4 months prior to expiry[since it may take 2 months atleast to file for i140 after labour approval?
In short, can one apply for 7th year extension with a labour approved 6 months from 6 yr expiry and I140 filed 3-4 months from 6 months expiry?
3] What exactly does AC-21 indicate? Above were my interpretations of it. Pls correct me if i was wrong.
4] Is EB3 decided during I140 or labour? If one has total of 10 yrs experience out of which 5 1/2 is with his/her current employer who has filed for Labour and GC.
My friend's lawyer says that he cannot file for EB2 since he cannot include my friend's current employer's experience. Is that true? If he include, then can he file in EB2 being more than 5 yrs experience.
But he has already filed for the labour citing 3-4 yrs exp required and hence could be EB3. Is there a way to get out of it and file for Eb2 to avoid this priority date problems?
Would appreciate ur timely response to this.
As part of the same community, I have a few questions:
1. Will USCIS allow concurrent filing of 485/140 even if Visa number is not available i.e priority dates go back?
2. Will benefits of AC-21 be available to people in case they are unable to file for 485?
a] Currently my friend has 2 different labours pending from 2 diff states, one with priority date of Aug2002 [from NJ] and the other with Mar2004[Chicago].
Currently they are processing May2002 for NJ and Feb6,2004 for Chicago. Both of these could get approved anytime soon.
With his 6 yr limit due to end June end 2005, what does this mean to me if EB3 dates do get affected and priority dates go back, what does that mean to him in terms of not only applying for I140 & 1485 but in terms of getting a 7th year extension.?
b] What is the exact rule to get a 7th year extension? Labour pending more than 365 days is one but his may get approved in the next couple of months i.e well before June2005[when my 6th year ends]. Normally he could apply for I140 and i485 at the same time and still get a 7th year extension.
c] Now with EB3 dates possibly going back [ mine is filed for EB3] , if he can only apply for I140 and not for i485, what does that mean to get a 7th year extension?
Can he apply for it with his labour approval by the end of the year i.e 6 months before 6yr expiry and I140 filed possibly 3-4 months prior to expiry[since it may take 2 months atleast to file for i140 after labour approval?
In short, can one apply for 7th year extension with a labour approved 6 months from 6 yr expiry and I140 filed 3-4 months from 6 months expiry?
3] What exactly does AC-21 indicate? Above were my interpretations of it. Pls correct me if i was wrong.
4] Is EB3 decided during I140 or labour? If one has total of 10 yrs experience out of which 5 1/2 is with his/her current employer who has filed for Labour and GC.
My friend's lawyer says that he cannot file for EB2 since he cannot include my friend's current employer's experience. Is that true? If he include, then can he file in EB2 being more than 5 yrs experience.
But he has already filed for the labour citing 3-4 yrs exp required and hence could be EB3. Is there a way to get out of it and file for Eb2 to avoid this priority date problems?
Would appreciate ur timely response to this.
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