2010年中旬排期, 下面是律师的pros and cons, 没看懂, 求教是不是应该 take risk? 谢谢
Pros:
1. You may the “green card” several years faster than normal.
2. You can file the Form I-485, Application to Adjust Status, at the same time. This means that you and your spouse will receive an alternate work document called an EAD card and each member of your family will receive an alternate travel document called an Advance Parole Travel Document.
Cons:
1. Unpredictable result:
a. USCIS will apply a forensic level of scrutiny on petitions filed under this scenario. This may result in the issuance of a cumbersome and lengthy request for additional evidence.
b. USCIS will have months to ponder this issue before USCIS makes a final decision on your EB-3 I-140, Immigrant Visa Petition.
i. During this interim, the USCIS could issue law or other guidance that could be detrimental to this strategy or decide to deny this type of petition.
ii. During this interim, the visa bulletin could also revert back to the normal where the wait time for EB-2 is shorter than the wait time for EB-3.
2. It is unclear whether USCIS will revoke the validity of the currently existing EB-2 petition that was previously filed/approved. This means that should the “cut-off” dates for China return to the normal pattern (i.e. EB-2 being eligible for green cards before EB-3), you will be stuck in the EB-3 category and will be subject to a longer wait time than you were initially before the “flip.”
3. Note that USCIS premium processing is not available on I-140 petitions where the original labor certification is not submitted. This means that premium processing is not available on this type of petition. USCIS government processing will be estimate 8 months.