Re: [問題] EB2-NIW倒退疑問

看板Immigration (移民事務)作者Geniepotato (一"一)時間9年前 (2016/07/16 08:58)推噓5(5推 0噓 8→)

留言13則, 4人參與討論串3/3 (看更多)

更新一下, http://tinyurl.com/hp2n6nj 看起來好像8月的Priority Date就倒退了另外想請問這會影響到AP/EAD的申請進度嗎？是不是只要7月前送件都不會有影響呢？ ※ 引述《freezein (....)》之銘言： : 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the I-485 application between the : dates of September 1, 2016 to September 30, 2016 if their EB-2 priority date : is no longer current at that time.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: 209.131.62.126 ※ 文章網址: https://www.ptt.cc/bbs/Immigration/M.1468630694.A.A1A.html