2005 Consolidated Tracker (140/EAD/AP/FP/485)

Cut off Dates

On the contrary it will expedite labor substitution. People who need GC will opt for labor substitution with as earlier priority dates as possible rather than going through PERM process. Even with the retrogression, one can file I 140 with the substiture labor and then wait for dates to become current to file I 485.
 
will they still accept the 140/485 petitions till sept 30?? the bullettin is based on october only right??

only yesterday i filed and it will be atleast next weekbefore i get a notice date.
i am afraid if they return the 485 application.

i read in another forum they returned for a person who filed on Aug 17th concurrently.

I am just atleast hoping for EAD for spouse ....this SUCKS


anyways
 
in same boat

i am in the same boat.

mine 140&485 still has to be applied..

please please let me know if u figure out this...

thanks
-V
 
gulamh1 said:
i am in the same boat.

mine 140&485 still has to be applied..

please please let me know if u figure out this...

thanks
-V
Click to expand...

You will have no problem if you apply before Sept 30th'2005 and it should be in EB2 category.
 
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Yes, U did the right thing

ajakster said:
will they still accept the 140/485 petitions till sept 30?? the bullettin is based on october only right??

only yesterday i filed and it will be atleast next weekbefore i get a notice date.
i am afraid if they return the 485 application.

i read in another forum they returned for a person who filed on Aug 17th concurrently.

I am just atleast hoping for EAD for spouse ....this SUCKS


anyways
Click to expand...

USCIS will accept 140/485 cuncurrent applications till sept 30th for EB2. So guys hurry up !!!!

Excerpts from www.immigration-law.com website

The October Visa Bulletin applies effective October 1, 2005. It is thus critically important that the Indians and Chinese may take following steps immediately:
Labor Certification-based EB-2 Cases: If you have a certified labor certification of EB-2 categories or substitutable EB-2 labor certification, please file concurrent I-140/I-485/I-765/I-131 before the end of September 2005. It is critically important, particularly in substitution cases, that the cases are filed before the end of September, as it is likely that substitution may be eliminated before the end of the year and you will not be able to file EB-485 at that time because of the visa numbers and the rule may apply to your case with the deadly consequences.
Labor Certification-Waiver EB-2 or EB-1 Cases: If you think you are eligible for EB-11, EB-12, or EB-13, please file quickly, before the end of September 2005, the concurrent I-140/I-485/I-765/I-131.
Pending Labor Certification Applications: Preservation of the priority date will be so important that one should not misstep in legal proceedings that can kill the priority dates. For those whose cases are pending in Backlog Centers and considering the PERM filing, this advisory will be particularly important. Remember our repeated reminder for the last several months, in this special environment of the steep retrogression of visa numbers, the processing time of labor certification may not be so important to risk loss of priority date. Quick approval of labor certification will be relevant only for H-1B extension in three-year increment issue. As for the retention of priority date in the context of need for a new labor certification or petition filing with the same employer or another employer, one should know that one cannot retain the priority date until after the I-140 is approved. The certified labor certification application alone does not retain the priority when the employment is terminated before the petition is filed "and" approved. Once the I-140 petition is approved and the employment changes, even if he/she will have to start all over again a new labor certification application, he/she can retain the priority date. However, once the employer uses the certified labor certification application for substitution for another employee and the substituted employee obtains I-485 applications using the substitution, the retention of the priority date is lost because of the withdrawl and revocation of the approved I-140 petition and use of the certified labor certification by the new employee who obtains the I-485 approval. The result will be different if somehow one reaches his/her priority date in the Visa Bulletin and files I-485 and 180 days are lapsed, even if he/she changes employment and the old employer attempts to substitute the alien beneficiary, the I-485 eligibility will not be affected.
H-1B Extensions in 3-Year Increment: As soon as LC is certified, file quickly I-140 petition and obtain its approval early. H-1B can then be extended in 3-year increment "indefinitely." Since I-485 can not be filed for many years to come, AC-21 180-day rule will not be much help for those who start LC now. Since EAD will not be available for many years to come, it will be important to keep H-1B "indefinitely" until the visa number becomes available. If the option for H-1B extension in 3-year increment is not available for the yet-to-be approved I-140 petition, file the 7th year extension in 1-year increment if 365-day passed after filing LC, and then when I-140 is approved, file the 3-year increment extension petitions.
EB-485 Waiters: Those who have already filed EB-485 applications and visa number will not available for him/her for a long period of time should religiously be attentive to the issue of maintaining employment authorization through either continuous "timely" filing of H-1B or L-1 extensions or "timely" filing of EAD. Any gap between the two EADs and unauthorized employment during the gap period or untimely filing H-1B or L-1 extension petitions will indeed result in deadly consequences. When he/she needs travelling using Advance Parole, he/she should religiously comply with the rule which this site explained in detail on 09/11/2005. Even if one travels with Advance Parole, certain trips can result in abandonment of the pending I-485 application!

Hope this helps !!!

Also there are two leading immigration reform legislative bills pending in the Senate which are likely to give some relief to the EB-3 backlog problem, should the bills be enacted into law. One is McCain-Kennedy bill, S. 1033, and the other Cornyn-Kyl bill, S.1438

Under both Cornyn-Kyl bill and McCain-Kenney bill, the big winners will be the current EB-3 workers. For instance, current EB-3 quota, excluding nurses and physical therapists, is approximately 40,000 a year including EB-3 skilled and professional workers and EB-3EW other workers (upto 10,000), but it will increase to 104,000 plus (66,500 EB-3 + 38,000 new EB-5) under Cornyn-Kyl bill, and to 159,000 plus (101,500 EB-3 + 58,000 new EB-5) under McCain-Kennedy bill. Part of this benefit will come from termination of immigration visa lottery, 55,000 (DV Program). Both bills also provide positive recapture of unused numbers in the previous years which will lead to some numbers available for the regular EB-3 workers after taking away 50,000 numbers by the nurses and physical therapists

Source : immigration-law.com
 
not hopeful though..

LaborBadhi said:
You will have no problem if you apply before Sept 30th'2005 and it should be in EB2 category.
Click to expand...

Read a posting in Murthy 140/485 concurrent,one person's EB2 category 485 was returned and his attorney refiled on sept 8th with 140 notice...

it looks doomed.. will know soon.

mine was filed with sub-labor PD 2004 Feb.
 
EB2 for Indians got retrogated to Nov 99, and EB3 even got kicked back, this sucks... How many people US want to send back to India in GC frustration? Did any one has a history of how and when these retrogation dates has changed in past for Indians?
 
jaamra said:
EB2 for Indians got retrogated to Nov 99, and EB3 even got kicked back, this sucks... How many people US want to send back to India in GC frustration? Did any one has a history of how and when these retrogation dates has changed in past for Indians?
Click to expand...

Does this also affect people like us who have already applied for I-485? I thought the retrogression is for filing for I-485.
I485: ND 7/19/05
 
cvig said:
Does this also affect people like us who have already applied for I-485? I thought the retrogression is for filing for I-485.
I485: ND 7/19/05
Click to expand...
yes it affects all unless you lucky enough to have your case approved by the 30th of this month.

BTW
Friends,

I have sent this e-mail to the US senators of my state and to John McCain and edward kennedy. I think all of us in the GC nightmare should do the same. This is the only way out, we do not lose anything.

Respected Senator:

I am a software professional , working in this great country for the last 5+ years. Since I am suffering from our immigration back logs, I had been avidly watching the progress on McCain-Kennedy bill, S. 1033. With the October 2005 visa bulletin, EB 3 has retrograded to 1-Jan-98 for individuals from India, which gives me no hope of being a permanent resident any where in near future. Like other legal non-immigrants, we are looking forward the passage of your bill to provide the much needed relief for us who have been stuck in this DOL / USCIS backlogs.

While I do understand there are high priority items due to sudden events that the senate needs to attends. The legal immigrant community would be very thankful if the above bills are also addressed to alleviate the suffering of the long wait to become a lawful permanent resident.

PLEASE HELP US

Thank You
XXX

You could find the link to you senator through this site
http://www.senate.gov/
 
Benefit - EAD renewals

cvig said:
Does this also affect people like us who have already applied for I-485? I thought the retrogression is for filing for I-485.
I485: ND 7/19/05
Click to expand...

Yes. After Oct 1, our files will not be touched until the dates become current . One advantage of filing before the cut-off dates are implemented though is you get to enojy the EAD renewals.

Rasi
 
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Cut-off dates Explanation

Here is some explanation posted on http://www.immigration-law.com

Visa Number Retrogression and State Department Background Explanation

Our review of the State Department reports indicates that the current visa number problem has been created by three factors, among others: One is the USCIS acceleration of reduction of processing times of EB-485 during the past one year in order to meet the Bush commitment of processing time reduction to 6 months by September 30, 2006. Readers may want to revisit our report on this issue a few days back. Between 2004 and 2005, the backlogs were reduced more than 69%, from close to 4 million cases to only 1 million cases of entire EB cases. The cases which they have adjudicated included many oldest backlog cases. Since the 6-month processing time must be achieved by September 30, 2006, the demand for visa number will continuously rise and heavy. That is why the State Department predicted in October Visa Bulletin a limited movement of visa number during FY 2006. Secondly, the Congress passed a legislation giving 50,000 special numbers to nurses and physical therapists which they can recapture from the unused employment visa numbers between 2001 and 2004. The recapturable number in early 2005 was approximately 110,000. The problem is that the State Department uses regular visa EB-3 quota numbers before they deplete the recapture numbers for the nurses and physical therapists. Obviously there were huge number of oldest cases for nurses waiting for a long line of EB-3 who started taking out the EB-3 numbers. Good news is that the impact from this second factor may gradually alleviated because of the limited period allowed in the legislation and soon-to-be exhausted recapture numbers. Thirdly, the deterioration of EB-3 visa numbers has added a pressure on EB-1 and EB-2 as increased number of Chinese and Indians sought EB-1 and EB-2 options. Old timers will remember that when the visa number retrogressed in the 1990s, the Chinese and Indians experienced exactly same problem. In fact, one time EB-2 number became worse than EB-3 number for the Chinese. As time moved on, such unusual movement of the visa numbers between EB-2 and EB-3 gradually subsided and it is expected that the history will repeat itself and the retrogression for EB-1 and EB-2 is expected to be alleviated as time moves on. The State Department may give us further predictions in the future, but we have decided to post the State Department's reports in the Visa Bulletin on the Employment Visa allocation prediction and its background explanation to give readers some sense out of the current crisis. This reporter hopes that this posting will help the readers' body temperature a little bit down and come out of the mental state of "blue." We will have to keep a "positive" attitude in this kind of crisis and should not allow emotional depression overwhelm our lives.

Rasi
 
no confusions ...Mavi

if you file 140/485 before sept 30th.. you will be entitled to get new EAD.
and henceforth any subsequent EAD renewals next year and so on..

EAD is issued as your adjust of status is pending and as a interim employment document before permanent residency - so till you get final 485 approval--dont ask me when that will happen....you can renew EAD.

AP is for re-entry when using EAD. you may or may not apply for AP -incase you do not plan to leave USA.

hope this clears ur current impression

MaviP said:
Rasi,

Do you mean to say, New EAD will be approved for the cases applied before Oct-1 and any further EAD extensions ?? OR only for EAD extensions who ever got their EAD so far ??

b/c i was under impression that people get their EAD's , AP and I-140 move on except to get approval for I-485 which basically leads to issue of plastic card.. for the cases received before Oct-1..

friends..any thoght. ?

Thanks
Mavi
Click to expand...
 
485 Approved

I have received approval email today. I am so happy. Best of luck to each one you. I hope you receive yours soon as well.

My wife is not yet approved.
 
Congrats!!!!!!!!!
Can you twll us your PD ? What was your RFE ?
Thank you,
goodstart said:
I have received approval email today. I am so happy. Best of luck to each one you. I hope you receive yours soon as well.

My wife is not yet approved.
Click to expand...
 
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WhereIsMyLabour said:
Congrats!!!!!!!!!
Can you twll us your PD ? What was your RFE ?
Thank you,
Click to expand...

Employment verification letter, 2003 2004 w2 and tax returns.

I think you will receive your approval soon as well. I am a little worried about my wife's case.
 
That is about new EADs

MaviP said:
Rasi,

Do you mean to say, New EAD will be approved for the cases applied before Oct-1 and any further EAD extensions ?? OR only for EAD extensions who ever got their EAD so far ??

b/c i was under impression that people get their EAD's , AP and I-140 move on except to get approval for I-485 which basically leads to issue of plastic card.. for the cases received before Oct-1..

friends..any thoght. ?

Thanks
Mavi
Click to expand...

That is about the new EADs. Once you get the first approval, cut-off date implementation does not affect the extensions. I-140 will move on as you said. But EAD/AP are processed only when the dates are current. Since the dates are current for EB2 until Sep 30, If someone needs EAD then they should apply before that date.

Rasi
 
Congrats!

goodstart said:
I have received approval email today. I am so happy. Best of luck to each one you. I hope you receive yours soon as well.

My wife is not yet approved.
Click to expand...

Congrats goodstart! You barely made it!! :) Consider yourself lucky with all those cut-off dates implementation coming down the pipe.

Bur your approval at this time gives us hope that VSC is going to work on the approvals until Sep 30!

Congrats again!

Rasi
 
Hey Folks,

Does anyone know the validity period of Advance Parol ? I want to find out how long is it valid once approved.
 
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