ImmInfo Newsletter
Contents   Vol. 4, No. 20,
October 15, 2010

  • New consultation request procedure for our office

  • How soon will my priority date become current?

  • Case Study:  I-485 denied after porting to a new job.

  • Now that my priority date is current, how soon will I get my green card?

  • After I upgrade from EB3 to EB2, do I have to file a new I-485?

 

 

We maintain copies of all previous ImmInfo Newsletters in our Archives section.  

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New consultation request procedure for our office

In keeping with our overall upgrades, we have just implemented a new online request for consultation request form. Prospective clients who wish to schedule a no-cost appointment to speak with us concerning prospective representation may use this form to both request an appointment and also provide us with important information prior to the appointment. The information entered will be held in strict confidence.  
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How soon will my priority date become current?

Without a doubt, this is the single most frequently asked question we receive. Unfortunately, the predictability of visa cutoff date movement is far less certain today than at almost any time in the past. The problem is that not only do we not have reliable data concerning the actual demand for visas, but we also know that there is a very large backlog of uncounted applications.

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Case Study: I-485 denied after porting to a new job.

Jack was employed by Ginormous Industries, Inc. as a database administrator. Ginormous filed a PERM and EB3 I-140 on Jack’s behalf and, during the summer of 2007, Jack was able to file for adjustment of status. In mid-2010, Jack left Ginormous and moved to a new employer as a SQL developer. Ginormous withdrew their I-140 on Jack’s behalf and the CIS promptly denied his I-485. 
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Now that my priority date is current, how soon will I get my green card?

This is the second most frequently asked question we receive. Never confuse having a current priority date with the likelihood that the USCIS will act promptly to close out a pending adjustment of status application. The government still does not have a mechanism in place to call up “current” cases in their proper order. There are remedies, however.
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After I upgrade from EB3 to EB2, do I have to file a new I-485?

According to the most recent USCIS policy memo, yes you must file a new I-485 if you upgrade. Anecdotal evidence from the field, however, suggests that this policy is being ignored by a substantial number of service center adjudicators. Many applicants have successfully upgraded without having to file new I-485 applications.
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