New York SESA Tracker

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hi guys..
I am a H1 B in my 6th year .. replied for the 45 day letter in oct 05 and waaaiting for GC..

but the question to you all is my wife wants to study. so what would you advice on changing her visa status to f1?? I am in a dilemma! if I apply for a change in status how long do you all think it will take for it ?? does it affect our GC application??

i know this is not the right forum to ask this questions but since i am a part of this forum for so long now.. I feel a bit more homely in here!!!!!!

thanx all you guys ..
 
highope said:
hi guys..
I am a H1 B in my 6th year .. replied for the 45 day letter in oct 05 and waaaiting for GC..

but the question to you all is my wife wants to study. so what would you advice on changing her visa status to f1?? I am in a dilemma! if I apply for a change in status how long do you all think it will take for it ?? does it affect our GC application??

i know this is not the right forum to ask this questions but since i am a part of this forum for so long now.. I feel a bit more homely in here!!!!!!

thanx all you guys ..
Click to expand...

Hi highope,

Things you need to think about:

- if your wife is going to school and is NOT seeking any kind of financial assistance or looking to "work" (e.g. like a teaching assistant), your wife can stay on H4 and go to school, that is allowed. This is probably the best way to go.

- if your wife is looking for financial assitance or would like to "work" (again in a school setting), then she would need to switch to F-1. She can continue to be part of the green card process. One issue I would caution you about is traveling outside of the country. When returning, you could be questioned on your intent to become a permanent immigrant - something an F-1 visa does not allow. When a dependent has officially this intent is up for debate, during LC you are the only one with immigrant intent you could argue, after that it is harder to argue.

Hope that helps and was not too confusing.

JW
 
what is the logic behind optioon 3?

:confused: :confused: If they are to finish in June 2006 ( as I understand, finish means finishing sending out 45-day letter,not the real process), how could it possible your case is approved April 2006?




JustWatching said:
No, not yet.

I do know that my case is sitting at BPC though. Both my attorney and I have received confirmation that my case is at BPC confirming PD and RIR.

So I have no idea when my case will be approved, three theories -

1 - I will never get a 45-day letter and my case will get approved soon, I would guess this could potentially happen if my case was transferred to BPC as an open case. Target approval date: January 2006.

2 - Based on the shipping schedule, my case could have been sent at the very end so my case won't be completed until all cases are entered, ie sometime in June 2006. At which time I would guess my case would be one of the oldest so it would get processed soon there after. Target approval date: August 2006.

3 - My 45-day letter will come soon. Since they are going to finish around June 2006, average time wait is going to be 3 months so I could expect my 45-day letter in March and be approved a month after (because once again my case would be one of the oldest. Target approval date: April 2006.

So what do I know, absolutely nothing! Other than it will probably get approved sometime in the first half of 2006.

It is a bit ironic that my case is so unpredictable when I am the one maintaining the tracker...at least it helps others.

Good luck everyone, if you celebrate the holidays, go enjoy them, it will soon be another year, maybe it will be my year! :)
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Last edited by a moderator:
QWE123 said:
:confused: :confused: If they are to finish in June 2006 ( as I understand, finish means finishing sending out 45-day letter,not the real process), how could it possible your case is approved April 2006?
Click to expand...


I was just taking an average case scenario, not 0 months, not 6 months, but right in between.

Anyway, yesterday I was able to get my case number and it is P-05033-48XXX. So option 2 has been eliminated. So actually my case could have been an open case. As for when I will get the 45-day letter, who knows, before June 2006 I guess.
 
Labor approved

Dear all, my labor was finally approved after three more years (PD 05/2002, EB3 RIR). The attorney received and replied to the 45 day letter in early Nov.

I have almost lost hope after trying almost everything, sending letters to senator, congressman, DOL, Elaine Chao, calling PBEC, etc. But it finally came...

I want to thank you all for providing valuable information and sincerely hope you the best luck with your GC process. Thank you, Justwatching, for your great work, please update the track at your convenience. I believe your labor will be cleared soon (given you early PD and not so late P-number). It seems PBEC is following some kind of FIFO, although extremely frustrating for us.

Good luck and have a great weekend!



JustWatching said:
I was just taking an average case scenario, not 0 months, not 6 months, but right in between.

Anyway, yesterday I was able to get my case number and it is P-05033-48XXX. So option 2 has been eliminated. So actually my case could have been an open case. As for when I will get the 45-day letter, who knows, before June 2006 I guess.
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I am a little confused.

how is it possible your 05/2002,ER3 RIR was approved? you didn't apply from New York? :confused: :confused: :confused:




melindwang said:
Dear all, my labor was finally approved after three more years (PD 05/2002, EB3 RIR). The attorney received and replied to the 45 day letter in early Nov.

I have almost lost hope after trying almost everything, sending letters to senator, congressman, DOL, Elaine Chao, calling PBEC, etc. But it finally came...

I want to thank you all for providing valuable information and sincerely hope you the best luck with your GC process. Thank you, Justwatching, for your great work, please update the track at your convenience. I believe your labor will be cleared soon (given you early PD and not so late P-number). It seems PBEC is following some kind of FIFO, although extremely frustrating for us.

Good luck and have a great weekend!
Click to expand...
 
Labor Approval

(After 4 years and 25 days) I finally received an email that my labor has been certified! To recap:

PD: November 27, 2001
45d letter received: October 21, 2005
45d letter replied: October 26, 2005
Labor approval: (received) December 21, 2005

I wanted to thank you all for great information exchange and I hope to see you all at the I-140 forum. Very Soon!


In the email I received the paralegal from the law firm said: "Now we can apply for I-140." I thought I could apply for both I-140 and I-485 at the same time (and get I-140 approved while waiting for my retrogression date to come for I-485)?
 
zgubi said:
(After 4 years and 25 days) I finally received an email that my labor has been certified! To recap:

PD: November 27, 2001
45d letter received: October 21, 2005
45d letter replied: October 26, 2005
Labor approval: (received) December 21, 2005

I wanted to thank you all for great information exchange and I hope to see you all at the I-140 forum. Very Soon!


In the email I received the paralegal from the law firm said: "Now we can apply for I-140." I thought I could apply for both I-140 and I-485 at the same time (and get I-140 approved while waiting for my retrogression date to come for I-485)?
Click to expand...

Congratulations!!!

Approvals are finally starting to trickle from PBEC. Honestly, I did not expect so many approvals from PBEC during the holiday season. PBEC has done better for December than what I expected.
 
LC Approved, No concurrent filing ??

zgubi said:
(After 4 years and 25 days) I finally received an email that my labor has been certified! To recap:

PD: November 27, 2001
45d letter received: October 21, 2005
45d letter replied: October 26, 2005
Labor approval: (received) December 21, 2005

I wanted to thank you all for great information exchange and I hope to see you all at the I-140 forum. Very Soon!


In the email I received the paralegal from the law firm said: "Now we can apply for I-140." I thought I could apply for both I-140 and I-485 at the same time (and get I-140 approved while waiting for my retrogression date to come for I-485)?
Click to expand...

My labor also got approved after 3+ years just yesterday. PD 02/2002 EB3 RIR. My lawyer says we are now applying for I140 but have to wait for I485 until the cutoff date, which is currently Jun 1999, becomes current with my PD. She says there is some chance that the bill gets passed by congress, which counts VISA nos differently so we get more VISA nos.
Basically, I find myself in the trap as was during labor, although a little relief now that labor is approved. Anybody knows where to track the bill pending for congress approval ?
 
zgubi said:
(After 4 years and 25 days) I finally received an email that my labor has been certified! To recap:

PD: November 27, 2001
45d letter received: October 21, 2005
45d letter replied: October 26, 2005
Labor approval: (received) December 21, 2005

I wanted to thank you all for great information exchange and I hope to see you all at the I-140 forum. Very Soon!


In the email I received the paralegal from the law firm said: "Now we can apply for I-140." I thought I could apply for both I-140 and I-485 at the same time (and get I-140 approved while waiting for my retrogression date to come for I-485)?
Click to expand...

Congratulations!
The bill that would have allowed you to file even if you were impacted by retrogression did NOT pass. So unfortunately at this time you will not be able to file I-485 if you are from a retrogressed country.

Would you be able to share the first 5 numbers of your ETA #.

Thanks
JW
 
Hi JW,

Quick question : did they rejected it ? or they did not discuss it yet ?

No news on my case even the 45 letter was sent on march, god knows what is going on ....

ahalem

JustWatching said:
Congratulations!
The bill that would have allowed you to file even if you were impacted by retrogression did NOT pass. So unfortunately at this time you will not be able to file I-485 if you are from a retrogressed country.

Would you be able to share the first 5 numbers of your ETA #.

Thanks
JW
Click to expand...
 
Thanks

JustWatching said:
Congratulations!
The bill that would have allowed you to file even if you were impacted by retrogression did NOT pass. So unfortunately at this time you will not be able to file I-485 if you are from a retrogressed country.

Would you be able to share the first 5 numbers of your ETA #.

Thanks
JW
Click to expand...


JW - Thanks. I would gladly share my 5 numbers, but it's really hard for me to deal with Fragomen (and ask them for it). They just informed me via email that they obtained my approval notice.

I heard the bill didn't go through. I'm neither from India nor China, and I think the rest of the world is still stuck in April 2001. Hopefully, by the time my I-140 is approved (how long is it currently taking for NY, do you know?), I'll be eligible for I-485.

Also, do you know anything about at what point do I get employment authorization, and at what point can I change companies, get advance parole and so on (someone was mentioning 6 months). Also, if I want to get married, at what point should I do that so that my future wife gets green card together with me? Also, how does all that tie into my H-1b (my 6th year expires this March - they are extending it), at what point do I stop needing H1-B?

JW, Thanks so much in advance for answering these
 
Comprehensive immigration reform process in Feb 2006

Here is the conference report passed in the house (bill HR 1932 without retrogression relief) available on this link:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN01932:@@@S
Also, here is a quotation from immigration-law.com: "...there was a sign of switching gear from recapture issue to the comprehensive immigration reform and more or less accepted the idea that the visa numbers for legal immigration would be better off being a part of the comprehensive immigration reform process..."

Akhand said:
....Anybody knows where to track the bill pending for congress approval ?
Click to expand...
 
ahalem said:
Hi JW,

Quick question : did they rejected it ? or they did not discuss it yet ?

No news on my case even the 45 letter was sent on march, god knows what is going on ....

ahalem
Click to expand...


House and Senate had different versions of an unrelated bill that included immigration. Because there were differences the House and Senate have a conference and agree on all components. The agreed upon bill did not include the immigration piece that provided retrogression relief. The bill passed without the immigration component.

Immigration reform will be discussed sometime next year and it is expected that retrogression relief will again be discussed at that time.
 
zgubi said:
JW - Thanks. I would gladly share my 5 numbers, but it's really hard for me to deal with Fragomen (and ask them for it). They just informed me via email that they obtained my approval notice.

I heard the bill didn't go through. I'm neither from India nor China, and I think the rest of the world is still stuck in April 2001. Hopefully, by the time my I-140 is approved (how long is it currently taking for NY, do you know?), I'll be eligible for I-485.

Also, do you know anything about at what point do I get employment authorization, and at what point can I change companies, get advance parole and so on (someone was mentioning 6 months). Also, if I want to get married, at what point should I do that so that my future wife gets green card together with me? Also, how does all that tie into my H-1b (my 6th year expires this March - they are extending it), at what point do I stop needing H1-B?

JW, Thanks so much in advance for answering these
Click to expand...

If you are EB-3, rest of the world is April 2001. EB-2 is current.

Employment authirization (EAD) can be filed along with the I-485 so as long as you can't file you will need to stay on H-1B.

Right now you can get 1 year extension of your H-1B based on LC. Once I-140 is approved and assuming you cannot file I-485, you can get 3 year extension of H-1B. You only stop needing H-1B once you have filed I-485 and are able to file EAD.

You can only change jobs when your I-485 has been pending 6 or more months.

You can add your future spouse anytime prior to I-485 approval, even after filing I-485.

Congrats again.
 
JW,

Thanks a million. This really helps. I guess I'll apply for I-140 and hope in the meantime they either ease retrogression conditions in congress/senate or my PD becomes uptodate.
I hope I'll see in the I-140 forums very soon.

JustWatching said:
If you are EB-3, rest of the world is April 2001. EB-2 is current.

Employment authirization (EAD) can be filed along with the I-485 so as long as you can't file you will need to stay on H-1B.

Right now you can get 1 year extension of your H-1B based on LC. Once I-140 is approved and assuming you cannot file I-485, you can get 3 year extension of H-1B. You only stop needing H-1B once you have filed I-485 and are able to file EAD.

You can only change jobs when your I-485 has been pending 6 or more months.

You can add your future spouse anytime prior to I-485 approval, even after filing I-485.

Congrats again.
Click to expand...
 
LC got certified

45-day letter: one month ago.
PD: Jan. 18th, 2002.

Looks like BPC aready started certifying cases.

Good luck everybody.
 
LC got certified

45-day letter: one month ago.
PD: Jan. 18th, 2002.

Looks like BPC aready started certifying cases. :) :) :) :)

Good luck everybody.
 
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