Help- EB-EB3 I-140 approved, laweyr suggest no filing 485 in May - 未名空间MITBBS历史存档

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Help- EB-EB3 I-140 approved, laweyr suggest no filing 485 in May

Help- EB-EB3 I-140 approved, laweyr suggest no filing 485 in May# EB23 - 劳工卡

b*n2014-05-08 07:05

1 楼

Eb2 -> EB3
TSC
I140 RD: 03/21/2014 (1st PP concurrenlty filed and rejected)
I140 2nd PP RD: 04/24/2014
I140 AD: Approved on 05/01/2014
I485 RD: Not filed, lawyer is only willing to file once 140 is approved
PD: 05/10/2010

b*n2014-05-08 07:05

2 楼

Lawyer's response today:
In reviewing the US State Department's recent numbers and predictions for
the China categories, please note the following:
Due to so many China EB-2 folks downgrading to EB-3, the EB-3 numbers will
severely retrogress in June. This means that we can certainly make the I--
485 filing in May, but your application will sit with USCIS for a lengthy
period of time since EB-3 China has retrogressed to 2006. Your priority
date/place in the queue is 05/10/2010. China EB-2 for June is now at 05/22
/2009. This means that with an EB-2 I-140 approval notice with your
priority date, you would need to wait to have the I-485 filed, but USCIS
would most likely get to that I-485 before a pending I-485 based on an EB-3
I-140 (at least based on current government numbers and prediction).
The June retrogression for EB-3 China is not in line with the State
Department's prior information, but the State Department's current review of
the green cards being issued reflect a more accurate count.
So, your options are:
A. File the I-485 based on the EB-3 in May but be subject to a lengthy
waiting period until green card numbers are available for EB-3 China. It is
not known at this time when that would be - it could be 5+ years or even
longer.
B. Revert to the EB-2 I-140 and file the I-485 at a later date.
Unfortunately, there is no real prediction when the numbers would be
available, and USCIS has not provided information as to how to revert to the
EB-2 I-140 (ie, does this require yet another I-140 filing or merely a
withdrawal of the EB-3 I-140). We will have to wait and see what USCIS
implements for this procedure.
As we discussed before, the priority dates and green card number
availability are fluid, and historically, the EB-2 China numbers move more
quickly than EB-3 China (hence, my original suggestions to keep the EB-2
intact). If you/Gina wish to have a short call, please let me know.
Otherwise, please let me know what you wish to do. As indicated before, my
suggestion remains the same - to use the EB-2 I-140. Thank you.

F*u2014-05-08 07:05

3 楼

干死律师全家
能拿到I-140批准件么？公司HR也有
自己file

【在 b**********n 的大作中提到】

: Eb2 -> EB3
: TSC
: I140 RD: 03/21/2014 (1st PP concurrenlty filed and rejected)
: I140 2nd PP RD: 04/24/2014
: I140 AD: Approved on 05/01/2014
: I485 RD: Not filed, lawyer is only willing to file once 140 is approved
: PD: 05/10/2010

b*n2014-05-08 07:05

4 楼

This is my employer's lawyer, and she does not want to submit I-140/485
together and now she does not want to file I-485.
But, if reverting to EB2 with an approved I-140 is okay, why can't I relink
to EB2 based on a pending I-485???
Sorry I can only type in Chinese.

l*n2014-05-08 07:05

5 楼

485 DIY

b*n2014-05-08 07:05

6 楼

I have the approval notice but I still need a letter from HR... Unlikely HR
is going to give me the letter without consulting the lawyer.

C*n2014-05-08 07:05

7 楼

your lawyer, WTF?

b*n2014-05-08 07:05

8 楼

Our own lawyer..
I replied I still want to file 485 and hope my voice can be heard.

g*b2014-05-08 07:05

9 楼

扯淡
file485，最不济还可以interfiling

22

【在 b**********n 的大作中提到】

: Lawyer's response today:
: In reviewing the US State Department's recent numbers and predictions for
: the China categories, please note the following:
: Due to so many China EB-2 folks downgrading to EB-3, the EB-3 numbers will
: severely retrogress in June. This means that we can certainly make the I--
: 485 filing in May, but your application will sit with USCIS for a lengthy
: period of time since EB-3 China has retrogressed to 2006. Your priority
: date/place in the queue is 05/10/2010. China EB-2 for June is now at 05/22
: /2009. This means that with an EB-2 I-140 approval notice with your
: priority date, you would need to wait to have the I-485 filed, but USCIS

g*b2014-05-08 07:05

10 楼

那八成是公司怕你ead换工作
hr和legal都是有背后agreement的

HR

【在 b**********n 的大作中提到】

: I have the approval notice but I still need a letter from HR... Unlikely HR
: is going to give me the letter without consulting the lawyer.

b*n2014-05-08 07:05

11 楼

HR knows nothing.. I work in a law firm and the lawyer is my colleague..
Sigh. Why is the lawyer so stubborn?
So for 485 DIY, I do need the employment letter, correct?

v*e2014-05-08 07:05

12 楼

难道是我理解错误？排期都倒退到2006了，你的PD是2010，怎么还能FILE 485?不是只
有过了你的pd你才能file吗？你现在应该已经不能file任何485啊，eb2 eb3都在你的pd
后

【在 b**********n 的大作中提到】

b*n2014-05-08 07:05

13 楼

I only have one month to file 485 after waiting for four years. The visa
bulletin is for June.

v*e2014-05-08 07:05

14 楼

you are right. you are still eligible to file in may:)

【在 b**********n 的大作中提到】

: I only have one month to file 485 after waiting for four years. The visa
: bulletin is for June.

c*a2014-05-08 07:05

15 楼

NO, YOU DON'T NEED LETTER FROM HR FOR SUBMITTING 485.

【在 b**********n 的大作中提到】

: HR knows nothing.. I work in a law firm and the lawyer is my colleague..
: Sigh. Why is the lawyer so stubborn?
: So for 485 DIY, I do need the employment letter, correct?

b*n2014-05-08 07:05

16 楼

Based on USCIS 485 instructions, my employment-based 485 needs an employment
letter ya
http://www.uscis.gov/sites/default/files/files/form/i-485instr.
I wish this is not needed, but how?

b*n2014-05-08 07:05

17 楼

http://www.mitbbs.co.uk/article_t/EB23/31919445.html
I expect to get a new offer letter from my employer but I am afraid to DIY
and my employer get pissed off later.

b*n2014-05-08 07:05

18 楼

Filed 485 on May 19th. Worthless now, sigh.