Tweet
Two EB3 have been filed
Hello all,
I would like to share my sister's case to this forum and would appreciate to hear your feedback.
Background:
My sister filed for an EB3 visa back in October 2006. This application was approved and she just had to wait for the PD to become current.
In the process of the waiting period, she was informed that her petitioner (direct employer) is on a hiring freeze.
As an alternative, knowing that she can still retain her original PD of October 2006 as long as the job description remains the same, she approached a new petitioner.
A brand new case has been filed for her by the new petitioner. This case has been approved as well, however, the approved I-140 indicated a new priority date, April 2013. The issue with the priority date has been brought to the attention with the USCIS by the petitioner. My sister was told verbally by the petitioner that according to USCIS, she'll be able to use her original PD with her newly opened case.
Her original PD (October 2006) is now current.
Questions:
Instead of filing a brand new case, could the new petitioner have used the original case and just change the employer?
If a new I-140 was issued and a change of priority date has been requested, will there be a new issued document indicating the corrected PD? Her original PD is now current, therefore, the immigration visa fee bill should have already arrived by now. We are just concerned that her new case still doesn't have her original PD, which is why the IV fee bill has not been received yet.
Since the immigration visa fee has already been paid for the first filed case, can this fee be transferred to the new case?
She recently received her interview appointment letter associated with her original case. The interview is scheduled for September 17, 2013. The new petitioner advised to ignore this letter because it's associated with the previous employer, who's not hiring at the moment. Does she need to do anything about this letter or just follow the new petitioner's recommendation?
I hope I've provided enough information to make sense of my sister's case. I'll be more than happy to provide any clarifications as much as I can.
Thanks in advance!
I would like to share my sister's case to this forum and would appreciate to hear your feedback.
Background:
My sister filed for an EB3 visa back in October 2006. This application was approved and she just had to wait for the PD to become current.
In the process of the waiting period, she was informed that her petitioner (direct employer) is on a hiring freeze.
As an alternative, knowing that she can still retain her original PD of October 2006 as long as the job description remains the same, she approached a new petitioner.
A brand new case has been filed for her by the new petitioner. This case has been approved as well, however, the approved I-140 indicated a new priority date, April 2013. The issue with the priority date has been brought to the attention with the USCIS by the petitioner. My sister was told verbally by the petitioner that according to USCIS, she'll be able to use her original PD with her newly opened case.
Her original PD (October 2006) is now current.
Questions:
Instead of filing a brand new case, could the new petitioner have used the original case and just change the employer?
If a new I-140 was issued and a change of priority date has been requested, will there be a new issued document indicating the corrected PD? Her original PD is now current, therefore, the immigration visa fee bill should have already arrived by now. We are just concerned that her new case still doesn't have her original PD, which is why the IV fee bill has not been received yet.
Since the immigration visa fee has already been paid for the first filed case, can this fee be transferred to the new case?
She recently received her interview appointment letter associated with her original case. The interview is scheduled for September 17, 2013. The new petitioner advised to ignore this letter because it's associated with the previous employer, who's not hiring at the moment. Does she need to do anything about this letter or just follow the new petitioner's recommendation?
I hope I've provided enough information to make sense of my sister's case. I'll be more than happy to provide any clarifications as much as I can.
Thanks in advance!
