I-140 approaved and Retrogression

[bhola2005]

I-140 approaved and Retrogression
Hi Gurus,

I have a approaved NIW I-140 with PD 04/06/2004. I don't understand what does it mean? Now, I am waiting for my employer to file I-485 which might take 2-3 months. Though I have a self sponsored NIW approval.

Should I wait for my employer to file I-485? Or, should i file it now?

I noticed a retrogression question popped up! Does it have anything to do with I-485 application.

Thanks,
Bhola

 

[Toxsci]

Hurry up

I-140 approaved and Retrogression
Hi Gurus,

I have a approaved NIW I-140 with PD 04/06/2004. I don't understand what does it mean? Now, I am waiting for my employer to file I-485 which might take 2-3 months. Though I have a self sponsored NIW approval.

Should I wait for my employer to file I-485? Or, should i file it now?

I noticed a retrogression question popped up! Does it have anything to do with I-485 application.

Thanks,
Bhola

It depends on your home country..if you are from India or China, I485 applications will not be accepted after Sept 30, 05. as retrogression comes into effect from Oct 1st. If u are from one of these countries and miss this oppurtinity, you will have to wait till the date becomes current (which might take months to years!)..so hurry up!
Good luck!

 

[Gpng_dl]

Do It ASAP

I-140 approaved and Retrogression
Hi Gurus,

I have a approaved NIW I-140 with PD 04/06/2004. I don't understand what does it mean? Now, I am waiting for my employer to file I-485 which might take 2-3 months. Though I have a self sponsored NIW approval.

Should I wait for my employer to file I-485? Or, should i file it now?

I noticed a retrogression question popped up! Does it have anything to do with I-485 application.

Thanks,
Bhola

If you are from India/China, do it yourself today. These countries will be affected from October 1 (NIW=EB-2). If you are from elsewhere, other countries may get blocked, too, in a few month. If you miss it, you will not be able to file your adjustment of status (485) for quite a while.

 

[bhola2005]

Thanks a lot for your advise. I did not know that. Hopefully, they will approve EAD for my wife.

I have another question:

1) If my wife apply for a Advance parole later, that should not be a problem? Is that right?

2) Can she apply for H4 or H1 when I -485 is pending??

Thanks,
Bhola

 

[Gpng_dl]

Thanks a lot for your advise. I did not know that. Hopefully, they will approve EAD for my wife.

I have another question:

1) If my wife apply for a Advance parole later, that should not be a problem? Is that right?

2) Can she apply for H4 or H1 when I -485 is pending??

Thanks,
Bhola

1)She may apply for AP along with her I-485, or later with pending I-485, no problem.
2)Yes. In fact, if she is eligible for H status, I think it's better to apply for it in order to maintain a valid nonimmigrant status during pending I-485. My understanding is that if I-485 gets denied for some reason, and a person does not have a valid nonimmigrant status at that time for more than 180 days, he/she is not allowed to re-apply right away, and must leave US and apply for any nonimmigrant/immigrant visa from abroad.
However, if she is going to work using her EAD, it's a bit different story with her H4 status validity. Please check other forums/posts, or use a lawyer's advice for a good strategy in this situation.

If I am not right here, let other people correct me.

The best of luck!

 

[Raj1994]

Even if you dont have all the documents for I-485 (e.g. medical exams etc
), you should send in the I-485 for both yourself and your wife asap. It should reach by Sept 30, 2005 (mailing by Sept 30 is not sufficient). If more documents are needed, they usually send an RFE.

Also, the EAD and AP applications could even be filed a bit later - like after you get a receipt notice for the I-485 - may be within a month after you apply I-485. So dont waste time on EAD and AP if you dont have the time.

 

[bhola2005]

Hello All,
Thanks a lot. I am preparing my I-485 ASAP. I trust you a lot. But, I am wondering where you guys get the retrogression news. Your lawyer informed you or you have other sources to know that retrogression will come into effect for EB-2 NIW from october 1, 2005.

Thanks a lot.
Bhola 2005

 

[Madison04]

Hello All,
Thanks a lot. I am preparing my I-485 ASAP. I trust you a lot. But, I am wondering where you guys get the retrogression news. Your lawyer informed you or you have other sources to know that retrogression will come into effect for EB-2 NIW from october 1, 2005.

Thanks a lot.
Bhola 2005

From Oct. visa bulletin issued by Department of State on Sept. 13:

http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html

 

[bhola2005]

It sound confusing

Hello All,
After reading the retrogression story, it sound very confusing to me. Yes, there will be retrogression come into effect from Oct, 2005 but that does not mean if you apply before 30th september your processing dates will be current.

All that depends on the Immigrant VISA availability. There is no gurantee that you I-485 will be current if you rush to apply before 30th september.

Please correct me if I am wrong.
Thanks,
Bhola 2005

 

[Madison04]

I don't think you've actually read anything on this forum. Otherwise, you wouldn't have said that. Pretty much every post on this subject mentioned EAD and AP as benefits, in addition to other advantages. People here are willing to help, but you have to do your own homework...

 

[honkman]

Hello All,
After reading the retrogression story, it sound very confusing to me. Yes, there will be retrogression come into effect from Oct, 2005 but that does not mean if you apply before 30th september your processing dates will be current.

All that depends on the Immigrant VISA availability. There is no gurantee that you I-485 will be current if you rush to apply before 30th september.

Please correct me if I am wrong.
Thanks,
Bhola 2005

No, your processing datas won't become current if you apply before 30th september but only by applying before that day you have a chance to get your AP and EAD.