1. USCIS can take any action such as issuing notices for information or denial prior to the priority date becoming current
A reader asks:
My I-485 suddenly changed to “Case Remains Pending”. What happened? I applied for EB-2 in October 2023, downgraded to EB-3, and applied for I-485 at the same time, and sent in the medical examination materials. In late November 2023, I took fingerprints, and finally waited until the end of March 2024. The I-140 downgrade was approved, but I received an RFE for the medical examination. In April, I resubmitted the medical examination materials, and the status remained at NBC for a long time. In July, the status was updated to Case Remains Pending. The PD is June 2020, and the table A is current, so why is it pending? A week after July, I received a letter from USCIS saying that the visa number is gone and the case has been transferred to NBC again. What should I do?
Alan Lee, Esq. answers,
I will assume that you are a native of China for purposes of the question. With a priority date of June 2020, and with the downgraded I-140 approved in March 2024, there was a window of time through September 2024 where final visa availability for China born was open to those who had filed labor certification applications or I-140 petitions prior to 9/1/20 to have their pending I-485 applications approved. However, the visa bulletin changed in October 2024 to reflect availability date for EB-3 China of 4/1/20. I do not know what happened with your case previously and why it was not acted upon between March-September 2024, but at this time, the visa number is no longer available, and you will have to wait until it once again becomes available to your priority date before USCIS can approve your downgraded application for adjustment of status. (I note that USCIS can take other action such as issuing notices for information or denial prior to the priority date becoming current if it decides that those actions are appropriate).
2. You are allowed to take the priority date with you if new employer successfully applies for a new labor certification and/or I-140 petition
A reader asks:
I am a PD in August 2022, and I applied for EB-2. I don’t know if the new fiscal year will make a big leap forward, whether the deadline will be met or downgraded. Now, I have an offer and can change jobs, but the new company does not have a batch, and I need to go through all the application procedures again. At present, it will take at least one and a half years to get I-140 again. The current company culture is a bit toxic. I can work until the end of the year, but it is not very stable and the career development opportunities are not very good. The new company should be good and very stable. May I ask, what should I do?
Alan Lee, Esq. answers,
I will assume that you are China born which in the month of December 2024 has EB-2 availability dates of 3/22/20 and 10/1/20 on Charts A and B of the visa bulletin. If the I-140 petition has already been approved with a priority date of August 2022 and the company has not taken steps to revoke the approval within 180 days, you are allowed to take the priority date with you if another employer successfully applies for a new labor certification and/or I-140 petition. The timeline for your final immigration would not fit within your statement that you can stay until the end of the year at your current company. Therefore, if the new company seems good and is very stable and is willing to take on your processes for permanent residence, you may certainly wish to switch to the new company.
3. A common reason for advance parole denial is if the applicant left the US prior to the time that the advance parole application was approved
A reader asks:
My I-765 was approved on July 25, and I-131 was approved on July 27, which should be a combo. However, on July 29, I-131 became reopened. What does this mean? Was it approved or not? What is the reason for reopening?
Alan Lee, Esq. answers,
It is in the discretion of USCIS whether to issue a combo card or not. If you have a combo card, the travel privilege will be indicated on the bottom of the EAD. In such case, it would be unusual for USCIS to reopen a request for advance parole once it is approved. USCIS can generally reopen an adjudication if there is new evidence indicating that the benefit should not have been given. A common reason for advance parole denial or revocation is if the applicant left the US prior to the time that the advance parole application was approved.
4. Many factors are taken into account, and a $20,000 decrease is a factor to be looked at
A reader asks:
I have submitted my I-485 and recently received an offer base that is 20,000 yuan less than the base of the old company. I would like to ask, if I accept the offer and submit I-485J through the new company, and the salary is 20,000 less than the old company, will it affect the approval of I-485?
Alan Lee Esq. answers,
You would be relying upon a transfer of your case under I-485 J, which allows the labor certification and I-140 petition to remain valid if the I-140 petition is approved and the I-485 application pending 180 days, and the new job is in the same or similar occupation. Many factors are taken into account including job duties, SOC codes, job title, of which a $20,000 decrease is a factor to be looked at. It should be noted that $20,000 less when an individual is making a salary of $150,000 is less concerning than when the individual is making $50,000 or so under the labor certification.
5. On EB-1A case, a magazine is asking you for money in order to interview you is not something that most recognized magazines would do.
A reader asks:
I am a computer professor at a 985 university in China. I am preparing to apply for EB-1A and am preparing the materials. An editor of a scientific magazine in China wants to interview me, but charges 20,000 to 30,000 RMB. This magazine is considered a national magazine. I don’t know if this is useful for my EB-1A application? Is this considered media coverage?
Alan Lee Esq. answers,
The regulations on media state that it must be published material about you in a professional or major trade publications or other major media relating to your work in the field for which classification is sought. USCIS generally looks to see a magazine circulation compared to other magazines in the field and who is the intended audience of the publication. The fact that the magazine is asking you for money in order to interview you is not something that most recognized magazines would do. You may want to further look into the bona fides of the scientific magazine to determine whether it is truly a respected publication in China. A big boost in whether it would really convince USCIS is if it has international renown.
6. USCIS is asking for separate checks for each of the benefits that you are requesting
A reader asks:
I submitted I-485, I-131 and I-765 two months ago. So far, the lawyer has replied that only the signature of FedEx has been received. It has been almost 2 months, and the check has not been cashed. Is this normal?
Alan Lee, Esq. answers,
It is slightly unusual that USCIS has not receipted your applications and it has been almost 2 months. It is not unheard of, however. Is there a chance that USCIS is getting ready to reject and return your applications? Possibly. Other than through the check not having been cashed, your attorney could have received indication from USCIS of an acceptance if he or she possibly sent in G-1145 E-Notification of Application/Petition Acceptance with your package. I also note that you mention “check” and you and your attorney should know that USCIS is asking for separate checks for each of the benefits that you are requesting.