When to apply after priority date is current

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sunshines

Registered Users (C)
Quick question for senior/ experience members:

US citizen's son: Priority date Sept 13, 2004

Visa bulletin was released today for month of May 2010 and the cut-off date for F1 category is Sept 8th, 2004:(:(. Now i have a quick question: next month visa bulletin (june 2010) may make me eligible to adjust my status in US. The bulletin is released every month on the 9th day.

So a hypothetical scenario. On may 9th, 2010 when a visa bulletin is release for june 2010. Can i apply for AOS (ie. submit I-765 and I-485) on may 9th, 2010 or do i need to wait till June 1st, 2010 to adjust my status.

Also, how long does it take to receive EAD these days?
 
sunshines said:
So a hypothetical scenario. On may 9th, 2010 when a visa bulletin is release for june 2010. Can i apply for AOS (ie. submit I-765 and I-485) on may 9th, 2010 or do i need to wait till June 1st, 2010 to adjust my status.
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You cannot apply until June 1st. If you apply on May 31st, your PD will not be current and your application will be rejected.

Since you're filing in FB1, please tell me you are in valid non-immigrant status.
 
oh man...This is bad news. My medical residency starts on July 1st and I don't think i will be able to get an EAD in 1 month to start residency.

Yes, I am on H1B currently in US.
 
In May they will publish the June Bulletin, which takes effect on June 1st. Unfortunately, the dates in the visa bulletin become effective in the named month of the bulletin, not the month when it is actually published.

You'll need to get the residency deferred to start in August or later.
 
thanks for replying

Ok guys quick question for you.

Can i take J1 visa for the first year and then adjust my status next year. Because I am not sure if my program will allow me to start in August.

Is there anyway. I asked them about H1 already and they denied sponsoring that visa.

I really don't know what to do. Too stressed. I have no clue how I got this residency in the first place. It's a GODs miracle. I really don't want to lose it.

Please suggest something.
 
It's unlikely you'll get the J1 approved with an I-130 so close to being current (which will probably actually be current when the J1 is being decided). And have it approved before July 1st. You're going to have to get the residency deferred until August or September or January or some other time in 2011. Deferrals are not uncommon; you're much more likely to get a deferral than a J1.
 
Oh boi, this is really bad. I am a Canadian citizen and I have always travelled in and out of US without I-130 ever showing in their system. Right now I am in F2B category but my father (petitioner) became USC couple of month ago. We never changed the category so technically, I am still in F2B category. and my I-130 for F2B is running 2002. So again technically, i am not close to being current.

I am really in a trouble now. I hope i don't lose this residency if i ask them about deferring. Have you ever heard of a scenario where the program may deny you residency because you're asking deferral.

I guess i better inform my hospital of my situation. Do you think any attorney can help me out? I really don't want to lose my residency. I am still not sure how I got obtained it in the first place with so many US citizens waiting for a spot
 
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sunshines said:
Oh boi, this is really bad. I am a Canadian citizen and I have always travelled in and out of US without I-130 ever showing in their system.
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When you enter at the border they don't have time to analyze all your immigration records. But if you apply for a visa like J1, they will spend hours reviewing your records, and they will almost surely see the I-130 and figure out that you're soon to be current.

I am really in a trouble now. I hope i don't lose this residency if i ask them about deferring. Have you ever heard of a scenario where the program may deny you residency because you're asking deferral.
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No, they won't revoke it just because you requested deferral. However, if you fail to register or complete whatever pre-entry paperwork before the enrollment deadline because you're waiting for a deferral decision, they can revoke the admission for that.

Don't worry about it, you won't be the first person to ask for a deferral, and you won't be the only one asking for it right now. If they allow deferred enrollment, they will have a process for requesting it, and you might even be able to find the request form or some other information about it on the school's web site.

I guess i better inform my hospital of my situation. Do you think any attorney can help me out?
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No need for attorney. You just need to get them to defer your admission until some time when you're sure you'll be able to enroll. August or September might be too soon, because you can't be certain when your priority date will become current or when USCIS will approve the EAD. October might not fit in with their designated schedules -- they probably have a few specific times of the year when you can start residency. They'll probably have a start date in January though. You'll need to figure out a date that works for them and works for you, even if it means having to go back to Canada for 6-12 months, or staying in America working odd jobs with your EAD until they let you start next year.
 
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