I have a question about Interfiling my GC case. My Priority Date (Aug 2014) is current in the June Visa Bulletin. I'm planning to go to India this month and return back next month. While coming back I will use my AP for POE and also My wife is already using EAD and AP.
1) Can I interfile if I use AP for entering the USA?
2) Can I go back to EB3 if the EB2 date is retrogressive?
1. The answer is yes. USCIS has made it clear that even if you have used the advanced parole the center will still allow you to do your interfiling as long as the dates for final action dates are current. Please refer the blog for more information: https://immigration.com/blogs
2. According to the USCIS you may only do so once. Although I don't know why I think it's improper enforcement of law and procedure but that's what the USCIS has said. Therefore, it is still possible, but you cannot interfile. However, in my view you can always file another I-485 to also activate the EB-3 from which you have already taken out the pre-existing I-485. Hence, I do not see any problem with filing a second I-485.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Comments
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
EB2 refile
Can I use the EB3 EAD-AP combo card to travel and reenter the USA? I have refiled EB2 EAD and AP in July 2022 and not approved yet and PD is current. Or is it safe to use H1B visa stamping to travel and reenter USA in Nov/Dec. Planning to travel to India, get married, and come back before I receive GC. Please advise the best option for me.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Unclear
I am not sure I understand. You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Used EB3 EAD/AP and interfiled for EB2, EB2 is are now retrogres
Hi Rajiv,
I have used my EB3 EAD/AP which I got during my downgrade in Nov 2022. Now I did interfiled back to EB2.
1) Should I still be able to use my EB3 EAD/AP? 2) IF I change my employed and file I-485J, is it going to be EB2 or EB3?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Used EB3 EAD/AP and interfiled for EB2, EB2 is are now retrogres
This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Used EB3 AP and interfiled to EB2
I got my EB3 EAD/AP combo card in 2021, but my I140 is still Pending. I used my AP recently while entering US from India. I also interfiled to EB2 since the date was current and have my approved EB2 I140. Can I use my EB3 EAD for changing the employer? Is there any chance of approving EB3 I140?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Used EB3 AP and interfiled to EB2
This will require some discussion. Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Used EB3 AP and interfiled to EB2
Travel should not be a hindrance in the approval.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Green card valid
I downgraded my EB2 to EB3 and got approved. But finally I got green card under EB2. I guess USCIS interfiled my EB3 to EB2 and I did nothing. Is my greed card valid?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Green card valid?
This issue should be covered in our FAQ. Please see: https://www.immigration.com/faq
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