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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28077
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I applied concurrent i-140 and i-485 as EB2 dates were

Customer Question

I applied concurrent i-140 and i-485 as EB2 dates were current. In June i-140 was approved as EB3 and accordingly i-485 denied. Now I placed a service request two weeks ago to switch me back to EB2. They approved EB2 "post decision" and one day later the status on the website changed to amended notice was mailed "acceptance".
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: Yes
JA: Have you talked to a lawyer yet?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Judith replied 2 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I am not clear on what your question is.

Also what country are you charged to? Some countries are going to experience retrogression for Sept.


Expert:  Judith replied 2 months ago.

EB2 is lagging behind EB3. As long as you are not India you should be OK and have a current priority date and action will be taken on your 485.

Here is a cut and paste from our Immigration lawyer's association bulletin:

This is series of monthly reports from the AILA DOS Liaison Committee designed to keep members informed of Visa Bulletin progress and projections. Immediately following publication of each month's Visa Bulletin, AILA will "check-in" with Charles ("Charlie") Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, to obtain his analysis of current trends and future projections for the various immigrant preference categories.

EB-2 and EB-3. Presently, the EB-2 Worldwide final action date lags behind EB-3 Worldwide, but this should not create the same EB-3 downgrade phenomenon we have witnessed in recent years in the China EB categories. According to Charlie, members should expect EB-2 Worldwide to become current again in October. Despite the uncharacteristically low demand in EB-3 Worldwide, members should not expect it to become current. Charlie is concerned that there is demand in this category that has not yet materialized.

As predicted last month, the final action date for EB-2 China and EB-3 China will remain the same through the remainder of this fiscal year. In October, EB-2 China is expected to advance to a date in late 2011 or early 2012. EB-3 China’s final action date is expected to reach late 2012 or early 2013. Therefore, it is likely that we will once again see the EB-3 downgrade phenomenon next fiscal year, at least until the increase in EB-3 Chinademand generated by the downgrades levels out demand between the two categories.

In October, EB-2 India will likely move to a date in early 2007. Slow movements of a few weeks at a time are anticipated for EB-3 India, which is likely to remain at a 2005 date in October. EB-3 India is the last category in which Charlie still has strong visibility (from the summer 2007 adjustment of status filings) into pre-adjudicated demand. As a result, there has not been any erratic movement in the final action date for this category in recent years.

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