Re: [問題] EB2-NIW倒退疑問

看板Immigration (移民事務)作者freezein (....)時間9年前 (2016/06/23 21:18)推噓0(0推 0噓 2→)

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我的律師也寫信來通知這件事但應該就只有九月會退十月就會恢復以下是律師信件原文 ATTENTION: NIW clients not born in China or India – The US Department of State (“DOS”) has forewarned that there will likely be a retrogression for EB-2 Worldwide (i.e., I-140 EB-2 (NIW) petitioners born in countries other than China or India) starting September 1, 2016. This means that clients born in countries other than China or India who are filing I-140s under the EB-2 NIW category may NOT be eligible to file the I-485 application between the dates of September 1, 2016 to September 30, 2016 if their EB-2 priority date is no longer current at that time. We do not know yet what the priority date cut-off will be, but it is likely that EB-2 Worldwide should return to "Current" status again starting October 1, 2016. This retrogression will not be certain to occur until the September 2016 Visa Bulletin is issued AND USCIS updates the “Adjustment of Status Filing Charts from the Visa Bulletin ” (https://www.uscis.gov/visabulletininfo), but it is likely to happen, so you should make sure to plan accordingly. Likewise, the return to "Current" status on October 1 is expected to occur according to the Department of State. If you are planning on filing an I-140 (EB-2 NIW) petition and I-485 application and you or your dependent(s) are going to lose non-immigrant visa (NIV) status between now and early October, OR you or your dependent(s) are going to lose work authorization between now and the end of December, then you may need to consider filing your I-140 and I-485 BEFORE September 1, 2016. It takes about 90 days on average for USCIS to process the EAD/AP work authorization card that you can file for with the I-485, which is why you may want to consider filing the I-485 prior to September if you will lose employment authorization by the end of December. If you were (1) not born in India or China, (2) you cannot file the I-140 (EB-2 NIW) and I-485 application before September 1, 2016, and (3) you are losing NIV status by October and/or work authorization by December, then you could potentially file an I-140 (EB1A or EB1B) instead of an I-140 (EB-2 NIW) depending on your credentials, but that determination would need to be made on a case-by-case basis. Our timeline for filing the I-140 and I-485 are largely dependent on how quickly clients can get us ALL of their required materials, so please keep that in mind. If you already have an I-485 pending based on an underlying NIW petition and you were not born in China or India, your I-485 will remain pending but will not be eligible to receive a final adjudication until the retrogression is over and your priority date becomes current again (which is expected to be October 1). This retrogression will not affect the processing or validity of your EAD/AP card. If your I-485 is already pending, this retrogression will not impact your ability to file the EAD/AP renewal applications if your card is within 120 days of expiration. EB-2 priority dates for clients born in China or India are still not current. ※ 引述《abard (大笨貓)》之銘言： : 不好意思，打擾各位版友。 : 今日聽朋友說非大陸及非印度的 EB2-NIW排期將會倒退。 : 建議快送140或485。由於我還在考慮是否自己送。想請教此訊息是否屬實？ : 如果倒退會對臺灣想移民的旅外同胞有怎樣的影響？ : 另外幫朋友問一下，如果去年已經送了140 485，排期倒退會否影響去年的140 485. -- ※ 發信站: 批踢踢實業坊(ptt.cc), 來自: 143.215.26.250 ※ 文章網址: https://www.ptt.cc/bbs/Immigration/M.1466687888.A.D5E.html