Prirority dates Arrived

too long a wait to become Jan 2002 current?

Hi UnitedNations

If my PD is in Jan 2002 how soon you think that it can become current? ( My LC filing date is 08th Jan 2002 )
Would it be too long, like a year or two. Or just a few months?
I am sure you are knowledgeble enough to gestimate answer for this.
Thanks
-Greeny
 
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as we know there is an yearly quota for immigrant visas. lets say my priority date is 1997 and my AOS is pending, lets suppose in 1997 all the visas got used, so as in 98, 99 2000 and so on.

Now do I need to wait for my luck to have one visa number available for my case?????? Please clarify.
 
one more basic question.
My wife came here on H4, I was on H1 (Obviously). Wife got H1 sponsership and working. I got my I-140 and EAD (Myself and Wife) and AP (Myself and Wife). Wife did not have H1 stamped on Passport.

We visited india, I entered US using my valid H1 stamp. My wife entered using valid AP.

There was no problem at POE. They took us in a small room where couple of Immigration officers were sitting. She checked the documents and cleared in about 10 minutes.

I have follwoing questions.
Can she work on H1 or she has to use EAD?
Can I work on H1 or I need to use EAD?
 
Greeny said:
Hi UnitedNations

If my PD is in Jan 2002 how soon you think that it can become current? ( My LC filing date is 08th Jan 2002 )
Would it be too long, like a year or two. Or just a few months?
I am sure you are knowledgeble enough to gestimate answer for this.
Thanks
-Greeny
Click to expand...

As per my guess, the PD will move quickly. It should be a matter of months before your PD becomes current.
 
JS485 said:
as we know there is an yearly quota for immigrant visas. lets say my priority date is 1997 and my AOS is pending, lets suppose in 1997 all the visas got used, so as in 98, 99 2000 and so on.

Now do I need to wait for my luck to have one visa number available for my case?????? Please clarify.
Click to expand...

If your PD is 1997 then you don't need to wait for anything irrespective of the quota for 1997 and after is used or not. The only thing that matters is whether your PD is current or not. All PD's prior to 1/1/2002 are current.
 
JS485 said:
one more basic question.
My wife came here on H4, I was on H1 (Obviously). Wife got H1 sponsership and working. I got my I-140 and EAD (Myself and Wife) and AP (Myself and Wife). Wife did not have H1 stamped on Passport.

We visited india, I entered US using my valid H1 stamp. My wife entered using valid AP.

There was no problem at POE. They took us in a small room where couple of Immigration officers were sitting. She checked the documents and cleared in about 10 minutes.

I have follwoing questions.
Can she work on H1 or she has to use EAD?
Can I work on H1 or I need to use EAD?
Click to expand...

You can work on H1 because when you entered USA last time you have a valid H1 stamped on your passport. I think your wife can't use H1 because she did not enter USA on the last trip on H1 visa. Even if she had a valid H1, if she did not have the stamp in the passport then she can't enter this country. So it looks like she was admitted on AP basis and her H1 might have been automatically become invalid now.
 
Here is the history of how priority dates were moved in the past.

year/mm All CHINA- INDIA MEXICO PHI
2000 06 C 01-Jan-97 01-Feb-97 C C
2000 10 C 15-Mar-98 08-Feb-97 C C
2000 12 C 15-Apr-98 08-Mar-97 C C
2001 01 C 01-Jun-98 22-Mar-97 C C
2001 02 C 15-Aug-98 01-May-97 C C
2001 03 C 01-Jan-99 01-Sep-97 C C
2001 04 C 01-Jun-99 01-Feb-98 C C
2001 06 C 01-Aug-00 01-Jan-99 C C
2001 07 C C C C C

2004 12 C 01-Jan-02 01-Jan-02 C 01-Jan-02

Thanks,
CA98
 
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dsatish said:
You can work on H1 because when you entered USA last time you have a valid H1 stamped on your passport. I think your wife can't use H1 because she did not enter USA on the last trip on H1 visa. Even if she had a valid H1, if she did not have the stamp in the passport then she can't enter this country. So it looks like she was admitted on AP basis and her H1 might have been automatically become invalid now.
Click to expand...


Thanks Dsatish.

UnitedNations could you comment on this one please. Thanks
 
unitednations said:
Use of AP and EAD have different impact on h-1.

It is clear that if you use EAD, then h-1 is gone.

If you use AP to enter USA, even though you don't have a valid visa stamp on the h-1, your h-1 or h-4 is still good.

Keep in mind that you need to have different documents to enter the country, stay in the country and work in the country.

The h-1 allows you to stay in the country and work in the country. The visa stamp allows you to enter into the country. You can use AP to enter into the country and still be in h-1, h-4 status to either work or stay in the country.

Once you use EAD then the h-1 is not valid anymore and you have to come in and out on AP.

lawyers have covered this a few times. Once visa validation ended in USA, many have suggested that if you go out of the country you can come back on AP without invalidating H-1, h-4.

below is an excerpt from what is commonly referred to as the "cronin memo".

http://www.shusterman.com/cronin51600.html

4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
Click to expand...


Thanks a lot UN
 
ca98 said:
Here is the history of how priority dates were moved in the past.

year/mm All CHINA- INDIA MEXICO PHI
2000 06 C 01-Jan-97 01-Feb-97 C C
2000 10 C 15-Mar-98 08-Feb-97 C C
2000 12 C 15-Apr-98 08-Mar-97 C C
2001 01 C 01-Jun-98 22-Mar-97 C C
2001 02 C 15-Aug-98 01-May-97 C C
2001 03 C 01-Jan-99 01-Sep-97 C C
2001 04 C 01-Jun-99 01-Feb-98 C C
2001 06 C 01-Aug-00 01-Jan-99 C C
2001 07 C C C C C

2004 12 C 01-Jan-02 01-Jan-02 C 01-Jan-02

Thanks,
CA98
Click to expand...

In 7 months , date moved by just one month. Anyone knows the rational behind no movement during that time. 195k H1 visa started in 1998 right?
 
re:

un.
i am not sure whether i was able to understand the issue u described correctly.
does the memo mean that
'If a person has a valid H1B but not a valid visa stamp and he enters the US using an Advance Parole, he can still work on his H1B as long as he never used his EAD'??
In other words just using his AP will not end his HI validity ?.
 
unitednations said:
Use of AP and EAD have different impact on h-1.

It is clear that if you use EAD, then h-1 is gone.

If you use AP to enter USA, even though you don't have a valid visa stamp on the h-1, your h-1 or h-4 is still good.

Keep in mind that you need to have different documents to enter the country, stay in the country and work in the country.

The h-1 allows you to stay in the country and work in the country. The visa stamp allows you to enter into the country. You can use AP to enter into the country and still be in h-1, h-4 status to either work or stay in the country.

Once you use EAD then the h-1 is not valid anymore and you have to come in and out on AP.

lawyers have covered this a few times. Once visa validation ended in USA, many have suggested that if you go out of the country you can come back on AP without invalidating H-1, h-4.

below is an excerpt from what is commonly referred to as the "cronin memo".

http://www.shusterman.com/cronin51600.html

4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
Click to expand...

I think the item 3 in that memo (in the link) is more relavant to the case under discussion. Here is that question and answer. It clearly says that once you use AP to enter the country, you will be in Parole status. It also says that till the final rule is given, the person can apply to extend his H1/H4 status. To me it looks like you need to apply for H1/H4 extention once you come back because now you are in parole status. Am i right ? Also do we know any update on this interim rule ?

3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?


Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.
 
I140helppls said:
un.
i am not sure whether i was able to understand the issue u described correctly.
does the memo mean that
'If a person has a valid H1B but not a valid visa stamp and he enters the US using an Advance Parole, he can still work on his H1B as long as he never used his EAD'??
In other words just using his AP will not end his HI validity ?.
Click to expand...

I think Question / Item 3 is more relavant to your case rahter than item4. As per the answer to item3, once you use AP to enter this country, your status become "Parolee". It says that you have to apply to INs to change / extend your status back to H1 / H4. I don't know if this rule has changed later.
 
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unitednations said:
Use of AP and EAD have different impact on h-1.

It is clear that if you use EAD, then h-1 is gone.

If you use AP to enter USA, even though you don't have a valid visa stamp on the h-1, your h-1 or h-4 is still good.

Keep in mind that you need to have different documents to enter the country, stay in the country and work in the country.

The h-1 allows you to stay in the country and work in the country. The visa stamp allows you to enter into the country. You can use AP to enter into the country and still be in h-1, h-4 status to either work or stay in the country.

Once you use EAD then the h-1 is not valid anymore and you have to come in and out on AP.

lawyers have covered this a few times. Once visa validation ended in USA, many have suggested that if you go out of the country you can come back on AP without invalidating H-1, h-4.

below is an excerpt from what is commonly referred to as the "cronin memo".

http://www.shusterman.com/cronin51600.html

.
Click to expand...
So far our understanding is that somebody who hasn't used EAD and reentered woth AP can continue with valid H1.Even my lawyer has told me
the same thing.(Extending the H1 after AP entry is not imperative).
Even in some earlier chats Murthy also gave that impression.
But in recent chat of 10/18,murthy gave the answer below.

'Chat User : Can I travel using AP and still keep H1B status upon return to the U.S.? I-140 and I-485 are still pending.

Attorney Murthy : A person is safer to travel and reenter on the H1B to maintain H1B status. However, it is possible to travel abroad and reenter on the AP and then file an H1B extension with the USCIS under the May 2000 Legacy INS memo. '
this is at:http://www.murthy.com/chatlogs/chat1018.html
Now applying extension for H1 on reentry with AP is pointed out.
(I guess the back ground is the person has a Valid H1 allthro' and this
was understood when murthy answered)
Any ideas or memos corrobarating the H1 extension is not required after reentry with AP, when vaild H1 is existing all thro'(ofcourse for the same employer) ?
 
If you would like to stay on H1b make sure that your spouse doesn't use his/hew EAD either. This is the mistake I made and my H1B extension was declined. My husband (I485 dependent) used his EAD instead of his H1 to change his job and that by itself put the whole family out of any future H1s. My lawyer confirmed this as a fact.

I travelled with APs several times. The stamp that I have on my passport on I94 says "re-enter to renew AOS to become LPR". Doesn't that mean that my status from now on is AOS instead H1?
 
Participant said:
So far our understanding is that somebody who hasn't used EAD and reentered woth AP can continue with valid H1.Even my lawyer has told me
the same thing.(Extending the H1 after AP entry is not imperative).
Even in some earlier chats Murthy also gave that impression.
But in recent chat of 10/18,murthy gave the answer below.

'Chat User : Can I travel using AP and still keep H1B status upon return to the U.S.? I-140 and I-485 are still pending.

Attorney Murthy : A person is safer to travel and reenter on the H1B to maintain H1B status. However, it is possible to travel abroad and reenter on the AP and then file an H1B extension with the USCIS under the May 2000 Legacy INS memo. '
this is at:http://www.murthy.com/chatlogs/chat1018.html
Now applying extension for H1 on reentry with AP is pointed out.
(I guess the back ground is the person has a Valid H1 allthro' and this
was understood when murthy answered)
Any ideas or memos corrobarating the H1 extension is not required after reentry with AP, when vaild H1 is existing all thro'(ofcourse for the same employer) ?
Click to expand...

So i think that we got a clear answer now. If you re enter using AP instead of H1 stamp, then you can't automatically resume H1 / H4 status (this is what i have said in my first post). You need to apply for the H1/H4 extention.
 
udacha6 said:
If you would like to stay on H1b make sure that your spouse doesn't use his/hew EAD either. This is the mistake I made and my H1B extension was declined. My husband (I485 dependent) used his EAD instead of his H1 to change his job and that by itself put the whole family out of any future H1s. My lawyer confirmed this as a fact.

I travelled with APs several times. The stamp that I have on my passport on I94 says "re-enter to renew AOS to become LPR". Doesn't that mean that my status from now on is AOS instead H1?
Click to expand...

As per the discussion in previous posts, if you used AP for entering this country, then you can't resume H1 status automatically.
Your experience with H1B extention rejection due to spouse's use of EAD, is interesting. Some people have earlier said (a few months back) that even if your spouse used EAD, it will not affect your H1 status.
 
I used EAD for couple of mos and then filed H1 from the same employer since i had to bring my wife on H4.I had AP along with me and an unexpired H1B stamp in my passport from one of my previous employers.I only had a year + one month left in my H1B quota.
I showed the original I-797 petition at POE early this year and I94 was matked with H1B for one year. Immediately once i added her in my existing 485 petition after couple of mos ,i switched back to EAD mode and renewed AP and EAD. Fortunately or unfortunately whatever you call it, i never had to use AP for the last 23 mos.
 
ca98 said:
Here is the history of how priority dates were moved in the past.

year/mm All CHINA- INDIA MEXICO PHI
2000 06 C 01-Jan-97 01-Feb-97 C C
2000 10 C 15-Mar-98 08-Feb-97 C C
2000 12 C 15-Apr-98 08-Mar-97 C C
2001 01 C 01-Jun-98 22-Mar-97 C C
2001 02 C 15-Aug-98 01-May-97 C C
2001 03 C 01-Jan-99 01-Sep-97 C C
2001 04 C 01-Jun-99 01-Feb-98 C C
2001 06 C 01-Aug-00 01-Jan-99 C C
2001 07 C C C C C

2004 12 C 01-Jan-02 01-Jan-02 C 01-Jan-02

Thanks,
CA98
Click to expand...

Good data. So during that period, for indians, on an average the PD dates moved 2 months ahead for each calendar month. For chinese the dates moved ahead by 3 months for each calendar month.
For 2005, my guess is that the dates will move ahead (for each month) by any where between 1 to 3 months for indians and 2 to 5 months for chinese.
 
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