Kazi Manzoor
Mar 18, 2024
Change of Status
I have Valid B1/B2 visa since 2021 and also had a approved Labor Certificate. I was wondering if I can apply for change of status while in U.S at any stage of my EB3 process??
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im tiredMar 18, 2024
what is your filing lc date? do u have approved i140 yet?
Kazi ManzoorMar 18, 2024
1 June 2022 IC Filling Date. I haven’t applied for I-140 yet
Khanh NguyenMar 18, 2024
you can only apply for I-485 if your PD is current (in terms of filing eligibility). according to the displayed badge, looks like you are doing EB3-unskilled. as of April visa bulletin, only the priority date is before October 8th, 2020 is eligible to file I-485.
it can be found here: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
Alex brown Mar 18, 2024
@Khanh Nguyen Filing date is December 15,2020 for Eb3 unskilled
im tiredMar 18, 2024
The certification has a validity period of 180-days and expires if not submitted to USCIS within this period. Basically if you did not file i140 during the validation of your LC, then the LC is not valid anymore and need to reapply
Khanh NguyenMar 18, 2024
@Alex brown for adjustment of status we have to use the date indicated on that page. and its current saying we have to use Final Action Date for filing
Alex brown Mar 18, 2024
@Khanh Nguyen Filing date and final action date both are different brother.
Lee GorMar 19, 2024
@Alex brown I think what they don’t understand is that if you are in the US you use the filing date chart but I don’t think that @Kazi Manzoor can use that because he will be there on a B1/B2 which doesn’t have a legal status… from what I understand he would have to return to home country for the interview
