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Adjustment of Status Priority Dates Have Progressed Significantly!

Check your priority date and the Dates for Filing chart to see if you are eligible to file!



Indian EB3 Priority Dates More Progressed Than EB2


The US Department of State (DOS) recently published the visa bulletin for October 2020 and announced that the Dates for Filing chart is to be used for employment-based visa priority dates (see chart below). The priority dates have progressed significantly for October 2020. The most notable progressions are for Indian nationals in the EB2 and EB3 preference categories, with EB3 being more progressed than EB2. Indian nationals with an approved EB3 I-140 petition are eligible to file their Adjustment of Status (AOS) applications if their priority date is prior to January 1, 2015. Indian nationals with an approved EB2 I-140 petition are eligible to file their AOS applications if their priority date is prior to May 15, 2011.


Downgrading EB2 to EB3

A person who has an approved EB2 I-140 petition, with a priority date that would be eligible to file AOS applications in the EB3 category, is able to “downgrade” their EB2 petition to an EB3 petition. The process involves the employer filing a second I-140 petition in the EB3 category (using the same EB2 PERM labor certification). In doing so, a person could concurrently file an EB3 I-140 petition and an AOS application together in October 2020.


If you have an approved I-140 petition and would be eligible to file an AOS application (in either EB2 or EB3 preference category) in October 2020, contact us NOW at contact@kmwlawoffices.com for a consultation!




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