Priority Date

How Can I Downgrade from EB-2 to EB-3 and Consequences

I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Porting Priority Date from EB-2 to EB-1

My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Changing Jobs After I-140 Approval

I have the following questions
Can employer A revoke my current I-140 after I change my employment?
Can I keep getting my visa renewed with Employer B based on my current I-140 with Employer A until Employer B initiates my GC processing?
Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: January 2018

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

Team Notes: 

How Late Can a I-485 be Filed After Priority Dates Become Current

Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140.
If a Candidate’s Priority Date is Current can the Candidate file I-485 after 4 years of the Priority Date being Current? Is it allowed without problems? Is there any specific limitation on the timing of filing (like I-485 should be filed within a specific time period after the priority date becoming current)

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

FAQ: Denial of naturalization/citizenship applications - the new trend || Are there any time limits on how late an I-485 can be filed after the priority dates become current? || Status and unlawful presence questions in the form DS-160

Other: Filing H-1 B amendments while another case is pending ||Temporary EAD for H-4 holders ||Considerations for marriage-based green card ||Consequences of getting laid off on H-1B ||Quota H-1B transfer before October 1 ||H-4 visa stamping ||B visa canceled without prejudice || Adopting a child in H-1B status || Changing jobs after green card approval ||Consequences of H-1B visa denial and what to do thereafter ||Working from home on H-1B

Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.

Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-140 Revoked By Last Employer

I stayed with my last employer more than 6 months after I-140 was approved. My employer revoked I-140 but I can retain my priority date. Now, I am filing I-140 again with a new employer. Will I have stay with my current employer more than 6 months after I-140 is approved to retain my (old) priority date? If I change job after I-140 is approved, my employer can't revoke it. True? Is there any period I need to be employed with the current employer after I-140 is approved?

Under the law effective from 17 January 2017, an employee will retain their priority date once an I-140 is properly approved, even if a day later the employer asks for a revocation. There is no requirement that the employee be employed with that employer for a certain period of time.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Do jobs have to be same or similar when I port my priority date?

1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.
2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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