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Jun 10, 2023
EB4-Religious worker
I believe I am not alone in this frustrating situation, as we all are facing this seemingly unending retrogression. During the pending of I-485, is there any possible way to move and serve other congregations with EAD? It might be possible, but, for sure, I may take a risk… and need to do something, right? Is it possible to resubmit I-360, changing the sponsoring congregation while I keep the old-priority date?? Is it possible to file I-140 (EB2) during the pending of I485?? For both cases above, do I need to file a new I-485?? or not?? I know I need to talk to my attorney, and I surely will do, but I wonder if there is someone like me.
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N GJun 10, 2023
In my understanding, religious workers do not enjoy the same AC21 benefits as H1B workers. AC21 allows H1B workers to switch employers under certain conditions by filing form I-485J, as long as the job descriptions are similar. However, religious workers face potential challenges if they decide to change locations or serve a different congregation. The issue arises from the fact that the approved I-360 petition serves as the underlying basis and condition for the approved Employment Authorization Document (EAD) and the pending Adjustment of Status (AOS) application. When filing the I-360, religious workers agree to maintain certain conditions related to their religious work. If these conditions are no longer met, there is a possibility that the I-360 could be revoked, and the I-485 application could be denied. This is why changing location and serving another congregation may pose problems. While it is possible to resubmit another I-360, I am uncertain whether the old priority date could be retained. Since religious workers don't get AC21 benefits which come with some flexibility, my guess would be a tentative no. It is possible to file an I-140 petition, but certain factors need to be considered. These include the priority date and the position in the progression line. If there is still a wait of 1-2 years, filing an I-140 may take a similar amount of time as waiting in the I-360 retrogression line. The process of finding a willing employer, filing labor certifications, and PERMs (except for National Interest Waivers) can take 6-9 months, followed by another 6-9 months for the I-140 petition. After that, the Adjustment of Status process would need to be restarted. However, It's important to note that these actions could raise concerns with USCIS. Requests for Evidence (RFEs) may be issued, asking for proof of continuous employment with your intended permanent employer (the I-360 employer). Other than that, filing a new I-485 or having two AOSs running does not seem to pose any issues. Please remember that I am not an attorney, and this should not be considered legal advice. I hope I have provided you with a perspective on the matter.
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Sososo HGJun 10, 2023
For people affected by the EB retrogressions, let's urge USCIS to resume releasing the "EB 485 pending report" which can tell us the number of people waiting in line before our PD and estimate the wait time. Btw they released for 10 years but stopped in 2018, so it's not hard for them to produce it, I filed FOIA request and commented on the USCIS data page (https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data) many times to ask for this. The more people ask for this, the more likely USCIS will take this seriously and release it. (See more details here: https://uscis.gov/archive/questions-and-answers-pending-employment-based-form-i-485-inventory)

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