You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Follow To Join....
- Thread starter dharma rao
- Start date
- Status
- Not open for further replies.
Nopatkt said:Hi all,
I am Permanent Resident and I have applied for my spouse's GC through I-130.
My husband recently got a job and his employer is willing to sponsor his H-1B visa. Can we apply for H-1B visa while his I-130 is pending?
Will the pending I-130 have any effect on H1B visa since I-130 indicates your intent to immigration?
Thanks
patkt
See inline ...
patkt said:Hi all,
I am Permanent Resident and I have applied for my spouse's GC through I-130.
My husband recently got a job and his employer is willing to sponsor his H-1B visa. Can we apply for H-1B visa while his I-130 is pending?
... Sure. H1-B is dual intent visa and it's not going to affect pending I-130.
Will the pending I-130 have any effect on H1B visa since I-130 indicates your intent to immigration?
... Check previous response.
Thanks
patkt
PrinceofJungle
New Member
Benefits of Retrogression for I-485 Applicants (Article from Murthy Site)
The following article is posted on Murthy. -
Good Luck
-------------------------------------------------------------
The link: http://murthy.com/news/n_benret.html
Benefits of Retrogression for I-485 Applicants
Many people are feeling doom and gloom over the delays in the I-485 processing due to retrogression for most employment-based categories. This is particularly so for nationals of India and mainland China since the employment-based third preference (EB3), the employment-based second preference (EB2), and the employment-based first preference (EB1) categories are suffering extreme visa backlogs effective as of October 1, 2005. Their frustration is certainly understandable. At The Law Office of Sheela Murthy, we even have heard of people considering the Canadian, Australian, or European migration options rather than waiting for several years to obtain the U.S. green card.
For the benefit of MurthyDotCom and MurthyBulletin readers we have decided to analyze the bright side of retrogression in the case of individuals for whom the I-485 (Application to Adjust Status) has already been filed for the principal and the visa numbers have subsequently retrogressed.
"What?" you ask. "Is there a bright side to retrogression? That just seems impossible, if not ludicrous!" Let us at The Law Office of Sheela Murthy help you see the benefits of retrogression!
Specific Benefits for the I-485 Applicant
First, a person who was able to file the I-485 before September 30, 2005 is very lucky since s/he has enjoyed the luxury of filing the I-485 before the dates retrogressed. Thousands of others are far less fortunate and will not even be able to file the I-485, potentially for many years.
The Law Office of Sheela Murthy proudly filed several hundred cases, including I-140s and I-485s for primary beneficiaries and their families. All of this was accomplished within a two-week period and we received a lot of appreciation from many of our clients for such expeditious filings in the short timeframe. Included in these cases were complex and difficult extraordinary ability EB1 petitions and EB2 national interest waiver (NIW) petitions, filed concurrently with the I-485s, for dozens of our researcher and post doctoral clients. This effort was almost unbelievable, even to us!
EAD and AP Extensions Available Each Year
Second, one who has filed the I-485 has the great advantage of being able to obtain the employment authorization documents (EAD) for him/herself and EADs for all dependants with I-485s pending, to allow the dependants to be able to work at any other job/s. The principal applicant, of course, must continue to work for, or show proof of the intention to work for the green card-sponsoring employer. Retrogression does not change eligibility for the benefit of an EAD, available to I-485 applicants. In addition, the individual does not have to wait several months for a consular visa appointment to apply for the H1B or L-1 visa stamp or a dependent visa stamp. S/He may use the Advance Parole to travel abroad and reenter the United States.
Luxury of Additional Time to Find a Spouse
Third, if one is unmarried, the I-485 applicant is given the luxury of more time to choose a spouse. That spouse can enjoy dependent benefits and obtain permanent resident status based on being married prior to approval of the I-485. This is a huge benefit to those who were intending marriage, but need more time for one reason or another. There is an enormous benefit to marrying prior to the approval of the I-485, rather than after. If the marriage takes place after the I-485 is approved, the case becomes a family case and the spouse can be stuck abroad waiting for several years.
AC21 Portability Allowing Change of Employers
Fourth, under the American Competitiveness in the Twenty-First Century Act (AC21) such an I-485 adjustment applicant is legally allowed to change employers after the I-140 petition has been approved and after the I-485 has been pending for at least 180 days. The new employment must be considered as being within the same or similar category to that mentioned on the LC/I-140 petition. If the USCIS had approved the I-485 within fewer than 180 days, such an adjustment applicant would legally not be able to take advantage of portability to change employers! We expect that many people will be exploring this option to pursue better career opportunities.
H1B Three-Year Extensions Permissible
Fifth, a person with the Labor Certification and the I-140 petition approval enjoys the added benefit of the ability to obtain three-year H1B extensions only as long as there is retrogression. This represents a huge savings each year for the employer and employee. Instead of having to spend thousands of dollars each year on H1B extensions for the principal and H-4s for all dependents, the entire family is allowed to file and obtain three-year H1B and H-4 extensions.
Immigration Laws Change
Sixth, and finally, immigration laws are always subject to change. These laws, and the regulations interpreting and implementing them change regularly. While this is often frustrating, as it makes planning difficult, it can be a good thing when change is needed. Anyone who has worked with or been subject to immigration laws for any length of time knows that there is constant flux. With this, there is always hope for improvement. Retrogression is not an incurable disease. The many possible cures and treatments are within the control of the U.S. Congress. Those who are interested need to make their voices heard and urge their employers and colleagues to do the same.
So, although retrogression may not appear to be perfect for most people on all levels due to expected delays in finally obtaining the approval of the "green card" or permanent status, it is important to consider and appreciate the positive aspects of retrogression. Such a positive outlook helps to maintain a balanced view on life and makes one appreciate certain distinct advantages primarily available to such "lucky" I-485 applicants!
----------------------------------------------------------------
The following article is posted on Murthy. -
Good Luck
-------------------------------------------------------------
The link: http://murthy.com/news/n_benret.html
Benefits of Retrogression for I-485 Applicants
Many people are feeling doom and gloom over the delays in the I-485 processing due to retrogression for most employment-based categories. This is particularly so for nationals of India and mainland China since the employment-based third preference (EB3), the employment-based second preference (EB2), and the employment-based first preference (EB1) categories are suffering extreme visa backlogs effective as of October 1, 2005. Their frustration is certainly understandable. At The Law Office of Sheela Murthy, we even have heard of people considering the Canadian, Australian, or European migration options rather than waiting for several years to obtain the U.S. green card.
For the benefit of MurthyDotCom and MurthyBulletin readers we have decided to analyze the bright side of retrogression in the case of individuals for whom the I-485 (Application to Adjust Status) has already been filed for the principal and the visa numbers have subsequently retrogressed.
"What?" you ask. "Is there a bright side to retrogression? That just seems impossible, if not ludicrous!" Let us at The Law Office of Sheela Murthy help you see the benefits of retrogression!
Specific Benefits for the I-485 Applicant
First, a person who was able to file the I-485 before September 30, 2005 is very lucky since s/he has enjoyed the luxury of filing the I-485 before the dates retrogressed. Thousands of others are far less fortunate and will not even be able to file the I-485, potentially for many years.
The Law Office of Sheela Murthy proudly filed several hundred cases, including I-140s and I-485s for primary beneficiaries and their families. All of this was accomplished within a two-week period and we received a lot of appreciation from many of our clients for such expeditious filings in the short timeframe. Included in these cases were complex and difficult extraordinary ability EB1 petitions and EB2 national interest waiver (NIW) petitions, filed concurrently with the I-485s, for dozens of our researcher and post doctoral clients. This effort was almost unbelievable, even to us!
EAD and AP Extensions Available Each Year
Second, one who has filed the I-485 has the great advantage of being able to obtain the employment authorization documents (EAD) for him/herself and EADs for all dependants with I-485s pending, to allow the dependants to be able to work at any other job/s. The principal applicant, of course, must continue to work for, or show proof of the intention to work for the green card-sponsoring employer. Retrogression does not change eligibility for the benefit of an EAD, available to I-485 applicants. In addition, the individual does not have to wait several months for a consular visa appointment to apply for the H1B or L-1 visa stamp or a dependent visa stamp. S/He may use the Advance Parole to travel abroad and reenter the United States.
Luxury of Additional Time to Find a Spouse
Third, if one is unmarried, the I-485 applicant is given the luxury of more time to choose a spouse. That spouse can enjoy dependent benefits and obtain permanent resident status based on being married prior to approval of the I-485. This is a huge benefit to those who were intending marriage, but need more time for one reason or another. There is an enormous benefit to marrying prior to the approval of the I-485, rather than after. If the marriage takes place after the I-485 is approved, the case becomes a family case and the spouse can be stuck abroad waiting for several years.
AC21 Portability Allowing Change of Employers
Fourth, under the American Competitiveness in the Twenty-First Century Act (AC21) such an I-485 adjustment applicant is legally allowed to change employers after the I-140 petition has been approved and after the I-485 has been pending for at least 180 days. The new employment must be considered as being within the same or similar category to that mentioned on the LC/I-140 petition. If the USCIS had approved the I-485 within fewer than 180 days, such an adjustment applicant would legally not be able to take advantage of portability to change employers! We expect that many people will be exploring this option to pursue better career opportunities.
H1B Three-Year Extensions Permissible
Fifth, a person with the Labor Certification and the I-140 petition approval enjoys the added benefit of the ability to obtain three-year H1B extensions only as long as there is retrogression. This represents a huge savings each year for the employer and employee. Instead of having to spend thousands of dollars each year on H1B extensions for the principal and H-4s for all dependents, the entire family is allowed to file and obtain three-year H1B and H-4 extensions.
Immigration Laws Change
Sixth, and finally, immigration laws are always subject to change. These laws, and the regulations interpreting and implementing them change regularly. While this is often frustrating, as it makes planning difficult, it can be a good thing when change is needed. Anyone who has worked with or been subject to immigration laws for any length of time knows that there is constant flux. With this, there is always hope for improvement. Retrogression is not an incurable disease. The many possible cures and treatments are within the control of the U.S. Congress. Those who are interested need to make their voices heard and urge their employers and colleagues to do the same.
So, although retrogression may not appear to be perfect for most people on all levels due to expected delays in finally obtaining the approval of the "green card" or permanent status, it is important to consider and appreciate the positive aspects of retrogression. Such a positive outlook helps to maintain a balanced view on life and makes one appreciate certain distinct advantages primarily available to such "lucky" I-485 applicants!
----------------------------------------------------------------
I thought this site would be really helpful for all, for new new horizons ;-)
http://migrate.blogspot.com/
http://migrate.blogspot.com/
E-mail from chennai consulate about wife's pending FTJ case
I have applied for an Immigrant visa for my wife through FTJ method. I have got this e-mail from Chennai consulate last week. Surprisingly I did not enquire or send any e-mail to them. But my I-824 got approved last week and I think that triggered this e-mail. Anyways I wanted to update you all with this. BTW I have mailed the documents in the first week of June 2005.
Here is the e-mail.
*************
The current cut-off-date for F4 visa category for the month of October 2005 is Jan 1998. Your priority date is Jan 2002.
We regret we are unable to predict when your turn will come. When your turn comes, you will be informed.
Chennai, IVU.
*****************
It is very depressing and it is very tough to live like this. Escpecially for people like us leaving loved ones back home for a long time.
I have applied for an Immigrant visa for my wife through FTJ method. I have got this e-mail from Chennai consulate last week. Surprisingly I did not enquire or send any e-mail to them. But my I-824 got approved last week and I think that triggered this e-mail. Anyways I wanted to update you all with this. BTW I have mailed the documents in the first week of June 2005.
Here is the e-mail.
*************
The current cut-off-date for F4 visa category for the month of October 2005 is Jan 1998. Your priority date is Jan 2002.
We regret we are unable to predict when your turn will come. When your turn comes, you will be informed.
Chennai, IVU.
*****************
It is very depressing and it is very tough to live like this. Escpecially for people like us leaving loved ones back home for a long time.
Last edited by a moderator:
rammyrammy
Registered Users (C)
NJBLUE said:I have applied for an Immigrant visa for my wife through FTJ method. I have got this e-mail from Chennai consulate last week. Surprisingly I did not enquire or send any e-mail to them. But my I-864 got approved last week and I think that triggered this e-mail. Anyways I wanted to update you all with this. BTW I have mailed the documents in the first week of June 2005.
Here is the e-mail.
*************
The current cut-off-date for F4 visa category for the month of October 2005 is Jan 1998. Your priority date is Jan 2002.
We regret we are unable to predict when your turn will come. When your turn comes, you will be informed.
Chennai, IVU.
*****************
It is very depressing and it is very tough to live like this. Escpecially for people like us leaving loved ones back home for a long time.
NJBlue,
Thank you for sharing. I feel your pain... I am also going through the same..
By the way is it I-824 that got approved?
Can you share some info about when you applied?
I applied on July22nd.NSC. The current Date is May/23/2005.
Thanks
Rammy.
Hi Rammy
That is correct my I-824 got approved last week and I have applied it on May 5 2005 (Vermont).
Thanks
That is correct my I-824 got approved last week and I have applied it on May 5 2005 (Vermont).
Thanks
rammyrammy said:NJBlue,
Thank you for sharing. I feel your pain... I am also going through the same..
By the way is it I-824 that got approved?
Can you share some info about when you applied?
I applied on July22nd.NSC. The current Date is May/23/2005.
Thanks
Rammy.
The affect of Retrogression on Follow-to-join
I dont understand why has this retrogression thingy affected the follow-to-join. I had my GC approved and sent my wife's package to US Embassy in Islamabad she got a reply from them that the case is not current and the priority date is for March 3rd 2001. This is crazy.
Anyone has some estimates on how much do they process every month. Like a calander month will change the priority date by month or less?
thanks...
I dont understand why has this retrogression thingy affected the follow-to-join. I had my GC approved and sent my wife's package to US Embassy in Islamabad she got a reply from them that the case is not current and the priority date is for March 3rd 2001. This is crazy.
Anyone has some estimates on how much do they process every month. Like a calander month will change the priority date by month or less?
thanks...
ashazad,
Can you share your timeline. When you get packet 3.5.. when you send it back to them and what exactly is the response. Also when you get your green card approved and when u filed for I 824 and when it got approved.
There is no pattern in date change. Sometimes it got stucked for some months and sometimes it jumps over a year or so. Check out the dates in bulletin archives.
Thanks.
Can you share your timeline. When you get packet 3.5.. when you send it back to them and what exactly is the response. Also when you get your green card approved and when u filed for I 824 and when it got approved.
There is no pattern in date change. Sometimes it got stucked for some months and sometimes it jumps over a year or so. Check out the dates in bulletin archives.
Thanks.
It's very difficult to estimate visa availabilty as DOS never publishes these number.
ashahzad said:I dont understand why has this retrogression thingy affected the follow-to-join. I had my GC approved and sent my wife's package to US Embassy in Islamabad she got a reply from them that the case is not current and the priority date is for March 3rd 2001. This is crazy.
Anyone has some estimates on how much do they process every month. Like a calander month will change the priority date by month or less?
thanks...
Dumb question what is Package 3.5
hi,
I have a dumb question (I guess) what is package 3.5 and who receives it. I am the primary GC holder and have filled for follow-to-join for my wife. Would I be receiving it, my lawyer, or my wife.
I am going to pakistan for few months so am a bit worried that something they may send and I would not be able to retrieve.
thanks in advance.
hi,
I have a dumb question (I guess) what is package 3.5 and who receives it. I am the primary GC holder and have filled for follow-to-join for my wife. Would I be receiving it, my lawyer, or my wife.
I am going to pakistan for few months so am a bit worried that something they may send and I would not be able to retrieve.
thanks in advance.
Packet 3.5
This packet has all the information about hoe to apply and forms in it. You need to act accordingly when you receive it.
Normally they send it to the beneficiary (your wife) but in rare cases they send it to the principal applicant.
The most important thing in packet 3.5 is the case number (on the first page). The rest of the things can be downloaded from the internet.
Hope it helps.
This packet has all the information about hoe to apply and forms in it. You need to act accordingly when you receive it.
Normally they send it to the beneficiary (your wife) but in rare cases they send it to the principal applicant.
The most important thing in packet 3.5 is the case number (on the first page). The rest of the things can be downloaded from the internet.
Hope it helps.
PrinceofJungle
New Member
ashahzad said:I dont understand why has this retrogression thingy affected the follow-to-join. I had my GC approved and sent my wife's package to US Embassy in Islamabad she got a reply from them that the case is not current and the priority date is for March 3rd 2001. This is crazy.
Anyone has some estimates on how much do they process every month. Like a calander month will change the priority date by month or less?
thanks...
Share us the deatil plz,
What do u mean by Package?
and also share ur understaing of process of FTJ plz.
Good Luck
Question on I-824 Approval Notice
Hi,
I applied for I-824 (Vermont SC) on April 29th to notify consulate in Mumbai. My I-824 was approved on September 27th. I got copy of approval notice. However on the notice I observed that Priority Date is mentioned as the day my I-485 is approved and not the day my Labor was filed. Is it the way USCIS is going to notify Consulate? Anything wrong with this? People who applied for I-824 and got approval, could you share your experience?
-Thanks
HBG2001
Hi,
I applied for I-824 (Vermont SC) on April 29th to notify consulate in Mumbai. My I-824 was approved on September 27th. I got copy of approval notice. However on the notice I observed that Priority Date is mentioned as the day my I-485 is approved and not the day my Labor was filed. Is it the way USCIS is going to notify Consulate? Anything wrong with this? People who applied for I-824 and got approval, could you share your experience?
-Thanks
HBG2001
I-824
If your I-824 Approval Notice shows the wrong
Priority Date, then quickly call the USCIS Customer Service
at 1-(800) 375-5283 and report this issue.
The Mumbai Consulate name should be shown in
a box on the upper right of the Approval Notice.
Look for "Notice Type". My copy clearly says the name
of the Consulate.
When the I-824 is approved, the USCIS will cable/fax or mail
your details (I-485, etc etc) to the consulate.
In my case, I asked USCIS to fax my information to the Consulate
in addition to the customary cable because I wanted the information
to be despatched as fast as possible.
After the consulate receives the cable/fax, Packet 3 (Instructions for Immigrant Visa Applicants) will be sent to your spouse or children.
In my case, my wife got Packet 3 about 2 weeks after the I-824 Approval.
date.
Sometimes the cable gets lost. Then you need to contact USCIS,
to re-send your information.
Hope this helps, best of luck!
HBG2001 said:Hi,
I applied for I-824 (Vermont SC) on April 29th to notify consulate in Mumbai. My I-824 was approved on September 27th. I got copy of approval notice. However on the notice I observed that Priority Date is mentioned as the day my I-485 is approved and not the day my Labor was filed. Is it the way USCIS is going to notify Consulate? Anything wrong with this? People who applied for I-824 and got approval, could you share your experience?
-Thanks
HBG2001
If your I-824 Approval Notice shows the wrong
Priority Date, then quickly call the USCIS Customer Service
at 1-(800) 375-5283 and report this issue.
The Mumbai Consulate name should be shown in
a box on the upper right of the Approval Notice.
Look for "Notice Type". My copy clearly says the name
of the Consulate.
When the I-824 is approved, the USCIS will cable/fax or mail
your details (I-485, etc etc) to the consulate.
In my case, I asked USCIS to fax my information to the Consulate
in addition to the customary cable because I wanted the information
to be despatched as fast as possible.
After the consulate receives the cable/fax, Packet 3 (Instructions for Immigrant Visa Applicants) will be sent to your spouse or children.
In my case, my wife got Packet 3 about 2 weeks after the I-824 Approval.
date.
Sometimes the cable gets lost. Then you need to contact USCIS,
to re-send your information.
Hope this helps, best of luck!
Packet 3
When you filed the I-824, you or your lawyer, should have
attached an additional sheet of paper detailing your wife's
address, date of birth and place of birth.
On approval of your I-824, the USCIS will cable your information
to the consulate named in your I-824 form; in your case, Islamabad.
Then the US Consulate Islamabad will send Packet 3 (Instruction
for Immigrant Visa Applicants) to your wife. If you had
also filed a G-28 with your application i.e. you have a lawyer,
then it is likely that the Packet 3 will be sent to him.
Normally, about 2-6 weeks after the I-824 is approved,
your wife/lawyer will be sent Packet 3.
Sometimes the cable gets lost. So if 6 weeks has passed
since I-824 approval and there has not been news of a packet 3,
then you should contact USCIS immediately to re-send the cable
to Islamabad.
ashahzad said:hi,
I have a dumb question (I guess) what is package 3.5 and who receives it. I am the primary GC holder and have filled for follow-to-join for my wife. Would I be receiving it, my lawyer, or my wife.
I am going to pakistan for few months so am a bit worried that something they may send and I would not be able to retrieve.
thanks in advance.
When you filed the I-824, you or your lawyer, should have
attached an additional sheet of paper detailing your wife's
address, date of birth and place of birth.
On approval of your I-824, the USCIS will cable your information
to the consulate named in your I-824 form; in your case, Islamabad.
Then the US Consulate Islamabad will send Packet 3 (Instruction
for Immigrant Visa Applicants) to your wife. If you had
also filed a G-28 with your application i.e. you have a lawyer,
then it is likely that the Packet 3 will be sent to him.
Normally, about 2-6 weeks after the I-824 is approved,
your wife/lawyer will be sent Packet 3.
Sometimes the cable gets lost. So if 6 weeks has passed
since I-824 approval and there has not been news of a packet 3,
then you should contact USCIS immediately to re-send the cable
to Islamabad.
Hi mojavetoo,
Thank you for your prompt reply. My I-824 approval notice shows consulate name correctly. My wife received packet 3 before I-824 approval. According to Mumbai consulate I-824 receipt notice is enough to create a case for Follo w To Join. I will contact USCIS and discuss the priority date mismatch.
-Thanks
Thank you for your prompt reply. My I-824 approval notice shows consulate name correctly. My wife received packet 3 before I-824 approval. According to Mumbai consulate I-824 receipt notice is enough to create a case for Follo w To Join. I will contact USCIS and discuss the priority date mismatch.
-Thanks
mojavetoo said:If your I-824 Approval Notice shows the wrong
Priority Date, then quickly call the USCIS Customer Service
at 1-(800) 375-5283 and report this issue.
The Mumbai Consulate name should be shown in
a box on the upper right of the Approval Notice.
Look for "Notice Type". My copy clearly says the name
of the Consulate.
When the I-824 is approved, the USCIS will cable/fax or mail
your details (I-485, etc etc) to the consulate.
In my case, I asked USCIS to fax my information to the Consulate
in addition to the customary cable because I wanted the information
to be despatched as fast as possible.
After the consulate receives the cable/fax, Packet 3 (Instructions for Immigrant Visa Applicants) will be sent to your spouse or children.
In my case, my wife got Packet 3 about 2 weeks after the I-824 Approval.
date.
Sometimes the cable gets lost. Then you need to contact USCIS,
to re-send your information.
Hope this helps, best of luck!
functionoftime
Registered Users (C)
HBG2001 said:Hi mojavetoo,
Thank you for your prompt reply. My I-824 approval notice shows consulate name correctly. My wife received packet 3 before I-824 approval. According to Mumbai consulate I-824 receipt notice is enough to create a case for Follo w To Join. I will contact USCIS and discuss the priority date mismatch.
-Thanks
Hi HBG2001,
Did you call the consulate to change the priority date on the I-824 approval? I am in the same situation. Thanks.
vravi100 said:Hi HBG2001,
Did you call the consulate to change the priority date on the I-824 approval? I am in the same situation. Thanks.
Hi HBG2001 and vravi100:
Guys check the PD on the letter with the case number sent to ur spouses, in addition to the ones on ur I-824... That some how seems to be more important in some cases...
Good luck guys...
Srini (FTJ done in May 2005)
- Status
- Not open for further replies.