** Pending 485 Eb3 Cases Affected By Priority Date Retrogression **

Wiating for the good News

Hi All,
Somebody fill in hope to all of us here.
Any updates on EB3 cases will be a life saver.
Thanks
 
Sticky Thread?

I believe many people here are interested in tracking their EB3 cases.
Can the moderator make this thread sticky?
 
Thanks to fast_gc_seeker

So you think that EB3 Processing is going to to be in the slow process then.

From PD Jan 2002 when and how long do you think to move forward.
My case PD is 07/22/02, when do you think they are going to ocnsider my case.
More over completed my FP also is that not going to help me in getting the 485 approved faster than the PD.
Let me know.
Thanks
 
ptlsb said:
Thanks to fast_gc_seeker

So you think that EB3 Processing is going to to be in the slow process then.

From PD Jan 2002 when and how long do you think to move forward.
My case PD is 07/22/02, when do you think they are going to ocnsider my case.
More over completed my FP also is that not going to help me in getting the 485 approved faster than the PD.
Let me know.
Thanks
Click to expand...
I've no answer to ur questions. Morever nobody can answer it now. Lets wait and watch. Good Luck 2 us all.
 
Eb3 485/140

Hi,
I have filed for 485 and 140 in eb3 category,

Can i File another set of i140 and 485 under New LC in EB2.
 
NHVICTIM said:
Hi,
I have filed for 485 and 140 in eb3 category,

Can i File another set of i140 and 485 under New LC in EB2.
Click to expand...
I believe this can be done with a new employer as it requires a new LC or it can be the current employer with different job description.
 
485 Question

Can we send an amend to move the 485 processing from EB3 to EB2.

Let me know.
 
What to do If spouse on H4 and your 485 gets approved??

Hello,
I read the posts from couple of people that their case with PD > Jan 1 2002 got approved in 2005.
My PD is May 2002 and My I-485 RD is Feb 2004. My wife would be joining me on H4 during the end of this month and from most of the articles that I read say that I won't be able to apply for her I-485 till the dates become current.

If my case gets approved (my FP is on Feb 5, 2005) in the mean time, What will be the status of my wife? Can she still stay in this country and apply for her I-485 when the dates become current??

Thanks in advance!!
mk0991
 
mk0991 said:
Hello,
I read the posts from couple of people that their case with PD > Jan 1 2002 got approved in 2005.
My PD is May 2002 and My I-485 RD is Feb 2004. My wife would be joining me on H4 during the end of this month and from most of the articles that I read say that I won't be able to apply for her I-485 till the dates become current.

If my case gets approved (my FP is on Feb 5, 2005) in the mean time, What will be the status of my wife? Can she still stay in this country and apply for her I-485 when the dates become current??

Thanks in advance!!
mk0991
Click to expand...
as long as u r married before ur 485 gets approved ur wife can apply for 485 and also enter country on H4.

u r right, she can apply for her 485 only when ur PD is current.
 
Thanks for the quick reply Fast_GC_Seeker. Any answers for my second question?? i.e. When your wife is on H4 and if your I-485 gets approved, Does she have to go back??
Thanks.
 
mk0991 said:
Thanks for the quick reply Fast_GC_Seeker. Any answers for my second question?? i.e. When your wife is on H4 and if your I-485 gets approved, Does she have to go back??
Thanks.
Click to expand...
No, she dosent have to go back! .....

I don't know about her status if she cant apply for her 485 because of PD retrogession and her I-94 is close to its expiry date. She is legal until her I-94 is not expired.
 
EB3 Concurrent Processing

A friend of mine heard from his lawyer that concurrent processing has been stopped and I 140 / 485 have seprate Queues.This is in addition to the news about EB3 date retrogression.
Is this true?Has concurrent processing stopped?
 
fast_gc_seeker said:
No, she dosent have to go back! I don't know about her status if she cant apply for her 485 because of PD retrogession and her I-94 is close to its expiry date. She is legal until her I-94 is not expired.
Click to expand...

This isn't accurate. Let's say we have an H-1 holder with an H-4 spouse, affected by retrogression so she cannot file the I-485.

In such a circumstance, it is essential that the H-1 holder maintain his H-1 status so that the spouse can remain in H-4 and therefore remain in legal status. Once the dates move forward again and the I-485 is approved, the wife's H-4 becomes invalid and she goes out of status. Once this happens, she has 180 days (thanks to 245k) to file the I-485 before she needs to adjust status abroad.

Now, what would happen if the I-485 is approved and the PD isn't current? Well, this seems silly but I'd file an MTR and request that the approval be undone. ;)
 
TheRealCanadian said:
This isn't accurate. Let's say we have an H-1 holder with an H-4 spouse, affected by retrogression so she cannot file the I-485.

In such a circumstance, it is essential that the H-1 holder maintain his H-1 status so that the spouse can remain in H-4 and therefore remain in legal status. Once the dates move forward again and the I-485 is approved, the wife's H-4 becomes invalid and she goes out of status. Once this happens, she has 180 days (thanks to 245k) to file the I-485 before she needs to adjust status abroad.

Now, what would happen if the I-485 is approved and the PD isn't current? Well, this seems silly but I'd file an MTR and request that the approval be undone. ;)
Click to expand...
So I guess worst case scenario is as follows...

Somebody is maintaining H1 status and dependent on H4. 485 gets approved for H1 visa holder before he/she can file 485 for H4 visa holder. Now, H4 visa holder is legally in country but can't apply for 485 because of PDR crap, what is his/her status if she exceeds I-94 by 180 days?
 
I know it seems silly to thnik of I-485 getting approved when your PD is not current but this has happened as per the post from few people!!! I have a doubt that they might have alloted visa number to my case as my first fp was scheduled on Dec 11 which rescheduled to to be done on Feb 05.

As far as 245K is concerned, I read that you need to maintain a valid status since your last entry in US to be able to apply for I -485 with 245K. Please go to this link and look under 'USCIS Chief Counsel will Release Instructions About Maintenance of Status under 245(k)'

http://www.immigration.com/newsletter/june04.html

Thanks again to both of you. You guys have been a lot of help.



TheRealCanadian said:
This isn't accurate. Let's say we have an H-1 holder with an H-4 spouse, affected by retrogression so she cannot file the I-485.

In such a circumstance, it is essential that the H-1 holder maintain his H-1 status so that the spouse can remain in H-4 and therefore remain in legal status. Once the dates move forward again and the I-485 is approved, the wife's H-4 becomes invalid and she goes out of status. Once this happens, she has 180 days (thanks to 245k) to file the I-485 before she needs to adjust status abroad.

Now, what would happen if the I-485 is approved and the PD isn't current? Well, this seems silly but I'd file an MTR and request that the approval be undone. ;)
Click to expand...
 
fast_gc_seeker said:
Somebody is maintaining H1 status and dependent on H4. 485 gets approved for H1 visa holder before he/she can file 485 for H4 visa holder.
Click to expand...

Since the priority dates for both individuals are the same, it is almost impossible for the primary to be approved and the priority date for the derivative to not be current. (The only situation I can think of is the primary gets approved on 12/30 right before retrogression kicks in).

Now, H4 visa holder is legally in country but can't apply for 485 because of PDR crap, what is his/her status if she exceeds I-94 by 180 days?
Click to expand...

Well, once the primary is approved or loses H-1 status, the H-4 holder is out of status and not "legally in country". Once she has been out of status for 181 days, she is ineligible for 245k benefits and needs to do CP. Once she has overstayed the I-94 by 180 days she is subject to the 3 year bar and basically is screwed.
 
EB3 vs EB2

I have applied for Labour in EB3 in March 2003 from Vermont and have just received recruitment instructions from the SESA office.

Since my labour is in its preliminary stages, I was considering if I should withdraw that labour application and re-apply via PERM in the EB2 category.
I am hoping that this would be a faster route to the GC in view of the recent retrogress in the EB3 category. It would be a bad decision if EB2 retrogresses too in the future. Any estimate on that?

Any advice/suggestions from the experts will be appreciated.
 
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