Priority Date in 2002

J

June04

Registered Users (C)
My priority date is Sep 2002 (impacted by eb3 retrogression) and i want to know is it a good idea to file 485.

Could you all share your thoughts about it
june04
 
It all depends on your job safety and validity of your H1-B. If you are lucky PD might become current on or before 10-01-2005. Otherwise you have to wait a long time. My PD is in 2003. I would like to go for 485.
 
Exactly, If the job is safe and you wish to take a chance and have some time in H1B its ok.
Plus you can get 1 years extnesions to H1B as well.
I think even before 10-01-2005 more like 06-10-05 bulletin we could see a huge movement in PD
If you were in Sept 2002, that should certainly aid you.
My 2 Cents.
But what stage is your CP now in has the fee bill reached you ?

/S
 
I paid fee bill on 11/22/2004.
Waiting for packet 3 to get generated.
My H1-B 6 years are expiring in July first week.
I am on the same job for last five and half years. Little bit secure about job.
Thanks r_sada for your help
june04
 
From what i understand, the NVC might not generate the P3 if the PD is not current, so your process might halt here.
But you are eligible for h1 extensions, if that would be a concern then 485 is certainly an option.

/S
 
i talked to one experienced lawyer. He thinks priority date will be current within 6 months.
Looks like, it is better to wait and watch.
Thanks
june04
 
June04 it was a joke, we need to loosen ourselves a bit here in the group,
its stressful but every thing will be for a good so long as our karma is strong and good
/S
 
r_sada said:
From what i understand, the NVC might not generate the P3 if the PD is not current, so your process might halt here.
But you are eligible for h1 extensions, if that would be a concern then 485 is certainly an option.

/S
Click to expand...

r_sada ,
there is a provision for H1 7th Year Extension based on your case waiting for adjucation at Consulate for CP. But is there also provision to file Adavace Parole if you are travelling out of US? I guess not...
pls give your thoughts
Thanks..
 
r_sada,bhasu
i am confused now.
my six years are getting over in july 1st week and my case is at NVC (waiting for packet 3).

Am I eligible for 7th year extension ?
june04
 
If you are thinking of filing I-485 it must be in before Dec 31, 2004.
After Jan 1, 2005 you will NOT BE ABLE TO FILE until your priority date becomes current. If you want the benefit of being able to file for EAD and advance parole you must have the I-485 in before the end of the year.
If you have a valid H-1B that does not expire soon or if you are still able to renew then it might not be that urgent. It all depends when they reach your priority date or if the catagory becomes current again.
 
June04 said:
r_sada,bhasu
i am confused now.
my six years are getting over in july 1st week and my case is at NVC (waiting for packet 3).

Am I eligible for 7th year extension ?
june04
Click to expand...

june04 , yes you are eligible for 7th yr extn baded on the fact that your case is onhold for adjucation. But in any case you wont get AP or EAD if you are with CP. In short you wont be able to travel out of US OR change your employer till the PD becomes current and you are called for the interview.

My advice is that you must file thru I485 and when PD becomes current may file for CP Change. My guess is that once our date becomes current, cases would move faster as we already have approved I140 unlike people whose I-140 is pendnig due to concurrent filing.
Just my suggestion
Thanks
 
if you have an approved i-140 (or in labor for over a year), then my understanding is that you are eligible.
 
r_sada said:
Bhasu
why would we not be able to travel outside US if we have a valid H1 Extension approved ?

/S
Click to expand...
The Travel outside US requires AP incase you have expired H1B , which would be in my case after jan2006. :mad:
 
Same here,
but then if your yearly extension is approved what is the problem
yes you can only get the extension approved for 1 year.
Best way would be to apply your 7th year extension go to Canada in march last week and get it stamped so that you can be covered thru Jan '07
Why March -- Small hope that if PD becomes current in 3rd Quarter --April'05
then March visa bulletin will tell that, if not can plan in June after seeing 4th quarter bulletin.

/S
 
r_sada said:
Same here,
but then if your yearly extension is approved what is the problem
yes you can only get the extension approved for 1 year.
/S
Click to expand...

r_sada, you are right, the plan is same but this time without waiting for any further 'new' ruling. I've planned to file for I485 and wont apply for EAD or AP till required. This would keep my CP in process too. So if the things change as you anticipate (well your 1st prediction for PD retrogression was correct, I hope the 2nd one would be correct too...) we would go for an interview in June/July 2005. If not then go for H1/H4 1yr extn or applying for EAD/AP (which is also for 1 Yr)
Well but there might be a good news for you, on CPTRACKER, snm69 who is E3 and having Consulate at Chennai recd the case on 11/4/04, has his interview scheduled for 1/18/05. i dont know what his PD. But may be you are lucky this time...
Thanks
 
Bhasu said:
r_sada, you are right, the plan is same but this time without waiting for any further 'new' ruling. I've planned to file for I485 and wont apply for EAD or AP till required. This would keep my CP in process too. So if the things change as you anticipate (well your 1st prediction for PD retrogression was correct, I hope the 2nd one would be correct too...) we would go for an interview in June/July 2005. If not then go for H1/H4 1yr extn or applying for EAD/AP (which is also for 1 Yr)
Well but there might be a good news for you, on CPTRACKER, snm69 who is E3 and having Consulate at Chennai recd the case on 11/4/04, has his interview scheduled for 1/18/05. i dont know what his PD. But may be you are lucky this time...
Thanks
Click to expand...
Bhasu, Be sure to verify this-my understanding is applying for 485 automatically makes your CP process to be considered abandoned. It is not related to EAD or AP applications. There was a posting sometime back in this forum about somebody whose case got returned from the consulate because a 485 application was filed.
 
intezar_imtehan said:
Bhasu, Be sure to verify this-my understanding is applying for 485 automatically makes your CP process to be considered abandoned. It is not related to EAD or AP applications. There was a posting sometime back in this forum about somebody whose case got returned from the consulate because a 485 application was filed.
Click to expand...

Intezar_imtehan,
Can you please send some link mentioning this. as my Lawyer told me is that if you file for 485 and THEN Cp , the 485 becomes withdrawn. but the viceversa is not correct. But I'm not sure. These lawyers $%^&## . I would appriciate if you can send me some link to this rule.
thanks
 
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