Employment Based Priority Dates Jumps Forward 2 Years


Priority dates for Employment Based Third Preference Petitions, which has been hovering around November 2002 as of this month, will jump forward to January 2005. This creates an opportunity for beneficiaries of third preference labor certifications and or employment based petitions (I-140) with priority dates up to January 2005. This group will be current beginning March 2008 and can adjust their status to US Permanent Residents. This also means this group may apply for temporary work authorization cards simultaneous with their filing of the I-485 application for adjustment of status.

Employment Petitions that fall under this category includes both skilled and professional positions including, but is not limited to, accountants, engineers, skilled workers that require at least 2 years experience, nurses, etc. Historically, priority dates for employment based categories particularly EB3 has jumped forward and then retrogressed backwards. Prospective immigrants should take advantage of this opportunity by checking their priority dates if they qualify to apply for adjustment at this time. An EB3 Employment Petition with a priority date on or before January 2005 may now apply for adjustment of status.

If you have an approved I-140 with a priority date prior to January 2005, you should consult an experienced immigration attorney to find out if you can adjust. It is also important to make sure you are not inadmissible based on other grounds such as criminal convictions, fraud, etc. that would prevent you from receiving your greencard.

Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does not create any attorney-client relationship between you and the Law Offices of Kenneth U. Reyes, P.C. This article is not a solicitation.

Attorney Kenneth Ursua Reyes was President of the Philippine American Bar Association for 2005. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. Mr. Reyes is a Certified Family Law Specialist. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive former CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kureyeslaw@gmail.com; visit at www.kenreyeslaw.com

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