For workers filing I petitions based upon approved PERMs, to be eligible to file concurrently, their priority dates must be current. Now that you know your priority date, you might be asking, what does it mean for a priority date to be "current," and how can you find out whether yours is?
Congress allots a specified number of immigrant visas or green cards to each of the immigration categories according to a person's country of birth.
If, in a certain category, more foreign nationals qualify for immigrant visas than there are visa numbers available, the category is considered to be "backlogged," and some applicants will have to wait to receive their immigrant visas. This concept is easier to understand by looking at the actual Department of State Visa Bulletin.
Every month, it lists priority dates that have become current in each visa category. The Bulletin also breaks down priority dates by countries in certain categories, when a backlog develops due to per-country limits on visas and high demand from those countries.
For example, if you look at the January Visa Bulletin , you'll see that only some priority dates are "current," or marked with the letter "C.
Conversely, let's say you are an Indian national filing an I in the Employment-Based 2nd Preference category. Per the Bulletin , the priority date for that category as of January is October 8, If your priority date is that date or later, your date is NOT current, and you may not file concurrently.
But if your priority date is any date prior to October 8, , your priority date is current and you are eligible for concurrent filing. There's one twist to the Visa Bulletin. The State Department started providing the second chart in , as a way to allow earlier submissions of I applications. USCIS, however, decided it would choose which chart applies each month. Ever since this bifurcated system launched, the trend has been for USCIS to follow the Dates for Filing chart for family cases and Final Action chart for employment cases.
As explained below, there are multiple advantages to concurrent filing. But if your priority date is not current, it is usually in your best interest to proceed with the I filing and file your I later, once your priority date becomes current; as opposed to waiting until you can file both applications concurrently.
Leaving the I employer does not necessarily render you ineligible to port. The I employer must be bona fide, meaning that the employer had the intent to employ you, and you must have had the intent to accept the employment, at the time the I and I were filed. If you wish to leave your current employer and take a new job, and you must do so before the I petition has been pending for days, this can be done without the necessity of a new labor certification provided that the portability conditions of AC21 are met, as described above, and be prepared to establish that your I employment was indeed bona fide.
Under certain circumstances, you may be able to file both the I petition and the I application together concurrently without having to first get an approved I This means that while your I is pending, you may be able to leave your current employer and take a new job in a "same or similar occupational classification" after the I has been pending for at least days. The answer to this question is no. To determine whether an occupation classification is "same or similar" to your I employment, the inquiry is to consider your new position and job duties and not the geographic location of your new employment.
A difference in wage between your I employment and your new employment cannot be a basis for denial of your I adjustment application. In an undated memorandum in December , however, USCIS returned to its original processing procedure: I petitions and I applications will be adjudicated completely separately.
With all of the benefits of concurrent filing, it would seems everyone should concurrently file. Actually, it depends on your circumstances, especially on the likelihood that your I will be approved and on whether you or your family members need EADs i. If your I is very likely to be approved e. Also, if your company or your job is on shaky financial ground, you might want to file concurrently to try to reach the day point at which you might be able to change jobs.
On the other hand, if your I is less predictable e. USCIS will not refund these fees. The bottom line is that concurrent filing is an important issue that requires careful analysis before deciding which approach works best for your family and you. The concurrent filing rule applies only for immigrant petitions filed under these categories:. For EB-4 and EB-5, the applicable I or I immigrant petition must be approved before the I green card application can be filed.
The concurrent filing rule for employment-based cases discussed on this page does not change anything for family-based immigrants. Immediate relatives can continue to file family-based petitions in one step. Unfortunately, as with employment-based petitions, green card applications for family members other than parents and unmarried children of U. Even more unfortunate, this has not happened in the recent past and is not likely to happen any time soon.
Thus, for most family-based cases, you have to wait for the I petition to be approved before filing the I green card application. Before embarking on your journey, be sure you know the difference between a passport and a visa because you may need both.
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Erik Prado. Global Immigration Associates answers 12 common questions about the I, priority dates and more 1. What is Form I? When can I file my I Adjustment of Status? What is a priority date?
Examples: An employee born in India is applying for an EB Their priority date is August 8, They are not current. An employee born in China is applying for an EB
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