According to AILA, the DOL Office of Foreign Labor Certification (OFLC) has confirmed that during the government shutdown, it is neither accepting nor processing any applications or related materials it receives, including Labor Condition Applications (LCAs). In the past, USCIS has accepted H-1B filings for a temporary period with uncertified LCAs along with proof that the LCA was timely filed, in accordance with INA §212(n)(1) and CFR §214.2(h)(4)(i)(B)) due to processing delays with the DOL iCERT system. However, we do not know if this procedure will also be accepted during the current government shutdown.
EB2 to EB3 Conversion and Filing I-485 Concurrently
With Employment Based Third Category (EB3) priority dates moving faster for India, we are frequently asked if a Beneficiary in EB-2 can downgrade and convert their immigrant petition to an EB-3 classification, so that they would be able to file their I-485 and EAD for their entire family sooner (and maybe even concurrently). The answer is YES, it is possible to do so. Here are some Frequently Asked Questions!
September 25, 2020