Don't celebrate it yet!!

J

JMJ

Registered Users (C)
Guys,

Now that all EB are current,here are some potential implications:

* Good for people who can file 485,get EAD and AP and after 180 days can use AC21 to switch employers.

* Don't be naive and celebrate it yet..... If anyone is looking for approval for newly filed cases ..... forget it .... U have to wait for yr turn. May be sometime on or before Monday,they will put the new processing dates for service centers, which I suspect will move dates well back in to 2004 or later. This is bound to happen or else there will be no sanity in processing cases..... Just confirmed this today morning with an Immigartion Officer @ NSC.... So sit tight and U'll find out .....

* Someone in one of the earlier posting said that retro is done....U should be dreaming ... it is only done temporarily.... Wait for the August, most probably September bulletin, nothing will be current and they will move the dates light years back ..... b'cos quarterly and country quotas will come into effect at that time and moreover as usual USCIS will wake up and find out "how much cases are flooded in their system"

From my conversation with IO today @ NSC, it is very imminent that the new processing dates update for service centers due at any time will spell out who can expect approvals in the coming months..... cases with old RDs will see approvals in bunches..... CASES WILL BE APPROVED ONLY BASED ON 485 RDs.

What this "all EB current" July visa bulletin has done is more harm in the long run.... like very long delays for EAD/AP approvals and all the people who will be filing their 485s now will be lamenting for years to come for their GCs. This is inevitable and then U'll realize what good this bulletin has done.....

JMJ
 
Good and bad both?

You do make some very good point JMJ. From a common sense or even more informed and analytical perspective, it is ABSURD to think that retrogression days are over, and that things are looking good from now on.

It is just not possible (or extremely unlikely) that Priority Dates that went back to 1998 for EB3 India for example only about a year and a half ago, and sat there for long time, can now be made current, all of a sudden. Numerical numbers (or at least as USCIS has said it) does not support this move.

Whoever has worked for the government in this forum can perhaps attest to the fact about how things get done behind the curtains, and not all of it is black-and-white with clearly defined laws and policies. Trying to sue a govt. agency is like asking the wicked wolf to babysit little Red Riding Hood.

There is undoubtedly a larger plot to this significant change of heart from DOS and USCIS. Whether it's increased revenues with the flood of I-485's, or a message to the Congress, or something else, we will never know.

People who are eligible to file I-485 may have "some" reason to rejoice as soon they will be eligible to file EAD and APs. However, that is a double-eged sword, as renewals of EAD's and AP's with the headache of last-minute wait in finding out whether it's approved or not is not a cake-walk either. The way I see it, it's one delaying pot to another. And maybe that's still good enough for many.

This is a highly politicized move from a highly politicized agency with Bush cronies embedded at every level of the organisation.

One co-incidence that caught my eye was these dates moving/changing as they did soon after Congress rejected or put their opposition to the new Bill. Any connection?
 
What do you think the situation will be with EB3 ROW?
My PD is July 05 - I was thinking of doing it through Consular Processing because my company is not doing so well and I am not sure that they will continue to exist... My lawyers says it might be a mistake to do CP.. What do you guys think?
 
ordinaria said:
What do you think the situation will be with EB3 ROW?
My PD is July 05 - I was thinking of doing it through Consular Processing because my company is not doing so well and I am not sure that they will continue to exist... My lawyers says it might be a mistake to do CP.. What do you guys think?
Click to expand...

I think that the skeptics here are right - there will be further retrogression. Either that or the processing time for I485 will balloon out into the stratosphere. However, what people are ignoring is the country cap.

Regardless of how current certain countries are, once they hit their per annum limit, they will become unavailable - at least that's the theory. I suspect that when retrogression kicks in again next fiscal year (late spring/early summer) there will be a 1/2 year kick back on the EB3 ROW, with potentially more for our friends in other country categories.

Big shout out to our Indian friends - it's a sucky situation for sure, but there are a lot of you in the system.
 
I assume that if you get our EAD and then the company that you work for goes out of business, you are not elegible for your greencard through your original application, am I right?
 
JMJ said:
Guys,

Now that all EB are current,here are some potential implications:

* Good for people who can file 485,get EAD and AP and after 180 days can use AC21 to switch employers.

* Don't be naive and celebrate it yet..... If anyone is looking for approval for newly filed cases ..... forget it .... U have to wait for yr turn. May be sometime on or before Monday,they will put the new processing dates for service centers, which I suspect will move dates well back in to 2004 or later. This is bound to happen or else there will be no sanity in processing cases..... Just confirmed this today morning with an Immigartion Officer @ NSC.... So sit tight and U'll find out .....

* Someone in one of the earlier posting said that retro is done....U should be dreaming ... it is only done temporarily.... Wait for the August, most probably September bulletin, nothing will be current and they will move the dates light years back ..... b'cos quarterly and country quotas will come into effect at that time and moreover as usual USCIS will wake up and find out "how much cases are flooded in their system"

From my conversation with IO today @ NSC, it is very imminent that the new processing dates update for service centers due at any time will spell out who can expect approvals in the coming months..... cases with old RDs will see approvals in bunches..... CASES WILL BE APPROVED ONLY BASED ON 485 RDs.
What this "all EB current" July visa bulletin has done is more harm in the long run.... like very long delays for EAD/AP approvals and all the people who will be filing their 485s now will be lamenting for years to come for their GCs. This is inevitable and then U'll realize what good this bulletin has done.....

JMJ
Click to expand...

Are you saying PD does not play any role in making decision who gets visa first ?
 
No U misunderstood me..

atyagi,

No,I did not say that. What I did say was in this "All categories current world" processing and approving cases by RD is what I heared from the IO this morning. To me this is fair and makes since there were people already in the system before the July bulletin who have ripe old PDs and old RDs.
Once the dates go back in Sep or Oct 2007 then it is a different game altogether!!
 
Ofcourse PD is the main factor as to whose 485 will be approved. 3 to 4 months down the road, when the Cuttoff date is no longer current and retrogressed many years back, the guy with the oldest PD is the one whose 485 will be considered and rest all whose PD is over the cutoff date will be put in the back shelf
 
JMJ said:
Guys,

Now that all EB are current,here are some potential implications:

* Good for people who can file 485,get EAD and AP and after 180 days can use AC21 to switch employers.

* Don't be naive and celebrate it yet..... If anyone is looking for approval for newly filed cases ..... forget it .... U have to wait for yr turn. May be sometime on or before Monday,they will put the new processing dates for service centers, which I suspect will move dates well back in to 2004 or later. This is bound to happen or else there will be no sanity in processing cases..... Just confirmed this today morning with an Immigartion Officer @ NSC.... So sit tight and U'll find out .....

* Someone in one of the earlier posting said that retro is done....U should be dreaming ... it is only done temporarily.... Wait for the August, most probably September bulletin, nothing will be current and they will move the dates light years back ..... b'cos quarterly and country quotas will come into effect at that time and moreover as usual USCIS will wake up and find out "how much cases are flooded in their system"

From my conversation with IO today @ NSC, it is very imminent that the new processing dates update for service centers due at any time will spell out who can expect approvals in the coming months..... cases with old RDs will see approvals in bunches..... CASES WILL BE APPROVED ONLY BASED ON 485 RDs.

What this "all EB current" July visa bulletin has done is more harm in the long run.... like very long delays for EAD/AP approvals and all the people who will be filing their 485s now will be lamenting for years to come for their GCs. This is inevitable and then U'll realize what good this bulletin has done.....

JMJ
Click to expand...


In the Long Run everybody is dead! Live for today.
Off course you can crib until you get Social security money back.
I don't know for sure but being on EAD with retrogession may be better
than getting your GC. In case you work outside the country you may
not need to pay the taxes at US tax rates.
 
so if its based on processing dates the 485 approval and possessing date is notice date at the time of filing,whats the use of alloting a priority date?what if some one has old pd,but could not apply then as labour was stuck in backlog,so was able to file 485 with a recent notice date?how does it work out for them
 
Thats not my motto!!

nyc,

I never have and never will live just for today. That might be yr motto. If one is satisfied with today and lives for today, he'll stagnate and will eventually wither away. Neither will I get excited at short term fixes without looking at the long term consequences. I'm not cribbing,I'm just telling the fact as I see it.

Sit tight and expect a rude awakening in the form Service Center updates on processing dates... then U'll understand what I meant....

JMJ
 
nyc8300 said:

In the Long Run everybody is dead! Live for today.
Off course you can crib until you get Social security money back.
I don't know for sure but being on EAD with retrogession may be better
than getting your GC. In case you work outside the country you may
not need to pay the taxes at US tax rates.
Click to expand...
If you are on H-1, L-1, or an EAD linked to a I-485 then you are considered a resident for tax purposes and must pay US tax on foreign income (unless treaties and exemptions are applicable for your citizenship/income level/foreign country/etc.). So EAD or GC is the same for US taxation.
 
All said and discussed, a question still remains? What should be the next plan of action for people who have approved I-140 ? Why should they miss this bus ? Why should they wait for USCIS' next action?
My thoery is, go ahead and file I-485/EAD. Atleast after 180 days, you can leave the current job and look for some prospective one.. What are u losing by doing that ?
 
Problem

There is certainly some truth in what is being said here.
The NSC processing times have not been updated since May 18th, they are usually updated every 2 weeks.
I have an EAD/AP application pending for 77 days so far with not so much as an LUD on it. I need it in the next 2 weeks. I depend on it to work. I can no longer go to my local office and get an interim EAD either. What are my options? This is unnecessary stress and uncertainty. You are now advised to apply 6 months ahead, ie virtually every 6 months. Those of you thinking this will be some bed of roses, think about it.
You are in for a rude awakening. I rue the day recently that I gave up my H1 visa upon reentry on my AP. I had no idea you could apply over 90 days ahead and still end up worrying!
 
alterego2 said:
There is certainly some truth in what is being said here.
The NSC processing times have not been updated since May 18th, they are usually updated every 2 weeks.
I have an EAD/AP application pending for 77 days so far with not so much as an LUD on it. I need it in the next 2 weeks. I depend on it to work. I can no longer go to my local office and get an interim EAD either. What are my options? This is unnecessary stress and uncertainty. You are now advised to apply 6 months ahead, ie virtually every 6 months. Those of you thinking this will be some bed of roses, think about it.
You are in for a rude awakening. I rue the day recently that I gave up my H1 visa upon reentry on my AP. I had no idea you could apply over 90 days ahead and still end up worrying!
Click to expand...
Right now it takes forever to get an EAD. In July, when all of them file for their EAD/AP, it will take a lot longer to get EAD/AP approved. So filing EAD 6 months will not be enough. For people who are dependent on EAD should be filing more earlier??

In Sept 2005 the processing times were moving very slowly. With the onslaught of all the filings it would probably move slowly. Only if your case is within the processing times you can make an enquiry on your case. If your case is outside the processing time you cannot enquire about it.

By the way alterego2.. why did you have to give up your H1? You can re-enter on your AP and still work on your H1... or am I missing something??

Thanks.
GCVaruma.
 
there are two sides of the story:

1. people who have already file 485 dont like the current bulletin, reason: they have to pay a bigger price now with everything delayed.

2. but i am happy for people who can get their EAD, and independence from their employers after six months.....

but i do like uscis idea of letting everyone file 485 to get actual real number....rather than anticipate labor and i-140
 
GCVARUMA said:
Right now it takes forever to get an EAD. In July, when all of them file for their EAD/AP, it will take a lot longer to get EAD/AP approved. So filing EAD 6 months will not be enough. For people who are dependent on EAD should be filing more earlier??

In Sept 2005 the processing times were moving very slowly. With the onslaught of all the filings it would probably move slowly. Only if your case is within the processing times you can make an enquiry on your case. If your case is outside the processing time you cannot enquire about it.

By the way alterego2.. why did you have to give up your H1? You can re-enter on your AP and still work on your H1... or am I missing something??

Thanks.
GCVaruma.
Click to expand...

Thats exactly my point. Those of you thinking that living with 485 for 4-5 ayrs is some sort of heaven, think again. By all means apply since you have the chance, but work hard to end retrogression and consider keeping another status if you have it. H1 is renewed in 3 yrs batches. EAD/AP every year and that too with up to a 6mth lag time, so pretty much you have to think about it every 6 months..............and pay the exorbitant fees every 6-9 months.

I think if you reenter in AP status your I94 states you are a parolee and your status changes from H1b to AOS parolee. I think that you need an EAD card at that point to continue working.

Most posting on trackitt are showing NSC is taking around 80 days and some a little over 90 days. I am at 80 days now, I am hoping for something in the next week. If not I have to think about the options. They are creating unnecessary stress by undue delays. Previously you had the assurance of an interim EAD. Now you have to apply to the same people for an interim EAD that you did for the actual EAD. Imagine how screwed up that is.
 
This is not true, I used twice AP and still continue working on H1B employer on H1b. And also recently I got 3 year extension based on the I-140.

You only need EAD, if you don't want to keep your H1 status.

alterego2 said:
I think if you reenter in AP status your I94 states you are a parolee and your status changes from H1b to AOS parolee. I think that you need an EAD card at that point to continue working.
Click to expand...
 
JMJ said:
atyagi,

No,I did not say that. What I did say was in this "All categories current world" processing and approving cases by RD is what I heared from the IO this morning. To me this is fair and makes since there were people already in the system before the July bulletin who have ripe old PDs and old RDs.
Once the dates go back in Sep or Oct 2007 then it is a different game altogether!!
Click to expand...

Yes,
Now a 485 filer with a PD 2005 and whose RD is 2006 will get his green card early than one whose PD is 2001 but RD is in 2007!!
 
StillAlive said:
This is not true, I used twice AP and still continue working on H1B employer on H1b. And also recently I got 3 year extension based on the I-140.

You only need EAD, if you don't want to keep your H1 status.
Click to expand...
StillAlive.. same with my case too.. In fact I let my EAD expire because spouse and myself were on H1 and we did not need an EAD. Renewed our EAD's last month just in case we needed it.

alterego2... I would still try to see if it is possible to work on H1.

Thanks.
GCVaruma.
 
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