Switching to I-485
- Thread starter emailraja
- Start date
I'm switching to I-485. medicals takes 10 days. I'll see you in the other forum. 14 working days to goSada,
Of course, the whole point of switching is to get the EAD card and use AC21. No matter what route we take, I-485 or CP, we are not getting a green card unless the PD is current. Which could be 2 years away for all we know. But 485 gives you the EAD card so you can change employers using the 180 day rule in AC21!
I've already screamed at my lawyer today for putting me on EB3 (I should be on EB2). He felt apologetic and worked like never before to get my 485 forms ready. He sent it overnight to me. I'm going for medicals tomorrow. I'll sign the whole thing and send it back in a week.
Of course, the whole point of switching is to get the EAD card and use AC21. No matter what route we take, I-485 or CP, we are not getting a green card unless the PD is current. Which could be 2 years away for all we know. But 485 gives you the EAD card so you can change employers using the 180 day rule in AC21!
I've already screamed at my lawyer today for putting me on EB3 (I should be on EB2). He felt apologetic and worked like never before to get my 485 forms ready. He sent it overnight to me. I'm going for medicals tomorrow. I'll sign the whole thing and send it back in a week.
emailraja said:
thanks emailraja,
i beleive thats a good strategy, my concern is not too much abt the job change, but to have a EAD will be nice and travel will be much easier instead of doing H1 stamping all over the place.
Guess right i could have been in EB2 as well at the time of 140 filing Eb3 was moving like crazy and hence lawyer chose that route.
but while i understand your logic behind the PD , i still beleive we could be out of it in July 2005 -- i hear you saying keep dreaming my man
The strong reason i think is the 101,000 visa numbers available as per VISA BULLETIN.
Also my situation is worse, wife is in india anticipating a January interview
so can i file for the 485 without her being here ? Just my petition alone ?
i have sent 2 emails to lawyer and going to call him first thing in the morning.
for medicals what should we do ?
Also 485 dates are June 19,2003 so we will be about 18months behind from today plus PD
please share and i will try and do the best i could if i could hop onto this boat.
/S
appan
my lesson at this time is otherside is always green, some times smarter decisions could help
If you are going to come back to india on Dec 26th and do you think you can pull the 485 application and turn into USCIS office in 4-5 days.
I think its almost impossible, keep faith i beleive strongly July 2005 it can become current.
/s
my lesson at this time is otherside is always green, some times smarter decisions could help
If you are going to come back to india on Dec 26th and do you think you can pull the 485 application and turn into USCIS office in 4-5 days.
I think its almost impossible, keep faith i beleive strongly July 2005 it can become current.
/s
Visa bulletin
http://travel.state.gov/visa/frvi_bulletincurrent.html
Please refer Section D.
the Reason DOS has given PD is the stupid 27% rule.
Its not that we dont have enough visas available
27% rule WONT APPLY in the last quarter of the fiscal year and all unused visa numbers can be used for all the eligible cases.
/S
http://travel.state.gov/visa/frvi_bulletincurrent.html
Please refer Section D.
the Reason DOS has given PD is the stupid 27% rule.
Its not that we dont have enough visas available
27% rule WONT APPLY in the last quarter of the fiscal year and all unused visa numbers can be used for all the eligible cases.
/S
The Smartest Individual has drafted this section of the LAW
<b>
Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.
</b>
It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines.<b> Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand.
No specific predictions are possible at this time.
</b>
/S
<b>
Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.
</b>
It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines.<b> Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand.
No specific predictions are possible at this time.
</b>
/S
Also refer to this
<QUOTE>
The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a “pool” of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these “pool” numbers remain available for use during FY-1005. Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
</QUOTE>
/S
<QUOTE>
The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a “pool” of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these “pool” numbers remain available for use during FY-1005. Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
</QUOTE>
/S