Any Other Time-Saving Tips?
The following are a few considerations to minimize, or avoid, a
quota
backlog , and about maintaining status while waiting for an applicant's
priority date to become current:
- an applicant may maintain his or her priority date under
an approved EB-3 Immigrant Petition for a later-filed EB-2 or EB-1
petition. Thus, it worthwhile to explore filing a second labor
certification to "upgrade" the applicant's Immigrant Visa category and
shorten the waiting time by perhaps 1.5 years or more;
- an applicant may not be subject to the quota if their spouse was born in a country which is not subject to a quota backlog;
- H-1B
professionals and their dependants under age 21 are eligible for 3-year
extensions of status beyond the normal 6-year limit if the applicant is
the beneficiary of an approved Immigrant Petition (I-140), but is
prevented from filing I-485 because of the quota backlog, even if the
Labor Certification or I-140 was filed less than one year previous; and
- I-485
applicants and their dependants under age 21 may continue to extend
their Employment Authorization Document and Travel Document while the
case is pending.