concerns about the retrogression and remaining in the US with other visas

Silverdragon102, BSN · Jul 22, 2008

3. by october 2008, visa number assignments are expected to move again. this means all who are here in the u.s. and have approved immigrant petitions (i-140) from their employers will be able to file for their i-145 for adjustment of status, ead and ap etc. so they can start to WORK legally.
.

Just wondering where you get this information from. Nothing in the last VB indicates that AOS will recommence and I doubt that all the nurses waiting outside of the US will get visas enabling VB to be current for ones in the US to file AOS?

lawrence01 · Jul 22, 2008

3. by october 2008, visa number assignments are expected to move again. this means all who are here in the u.s. and have approved immigrant petitions (i-140) from their employers will be able to file for their i-145 for adjustment of status, ead and ap etc. so they can start to WORK legally

Just making a few clarifications. Not all who are in the US, regardless if with approved I-140s or not will be able to file for the I-485 and EAD by Oct. 2008.

The date on the visa bulletin would actually have to be current to be able to do that. The priority date, would have to be less than the cut-off date that will be posted in Oct. and DHS has already indicated that the cut-off date in Oct will start off with the same cut-off date in the June VB (March 1, 2006 for most countries). That means only those PDs below March 1, 2006 can file for the I-485 or the EAD.

Anyone with a PD that is March 1, 2006 and above cannot file for the I485 and EAD if DHS does actually set it at that date as they have previously indicated. They would have to wait for cut-off dates to move forward above their PD in the succeeding months to be able to file for the I-485 and EAD.

suzanne4, RN · Jul 22, 2008

1. no it has not stopped. it is currently suspended inview of more applicants versus the number of visas allocated.
2. us immigration policy has always been quite volatile. we have to keep track of what's happening with uscis-- visa bulletin and announcements. you can also check better known immigration forums and web pages
3. by october 2008, visa number assignments are expected to move again. this means all who are here in the u.s. and have approved immigrant petitions (i-140) from their employers will be able to file for their i-145 for adjustment of status, ead and ap etc. so they can start to WORK legally.
if your friends are associate degree rn's, they either have go back home or apply to get back to f1 status in order to keep a legal status and pursue a bsn. by getting a bsn, they increase their chances of getting hired again and being sponsored (under an h1b on top of eb3). hopefully, no i-140's have been filed on their behalf at this time because this will cause their f1 renewal to be disapproved.

The US is under a retrogression so there are no visas available. And if you notice, that things move as far as the I-140 and then they stop as there are no visas available and anything past the I-140 is directly affected by the retrogression. And the US has had times when there have been no visas issued to nurses for more than five years at a time, so this is nothing new in the scheme of things.

There were 800,000 petitions that were submitted last summer for the I-485, and there are only 140,000 visas available per year including those under the CP processing. So when do you think that they are going to get visas.

Just because a new fiscal year starts, that most definitely does not make things current. They have not been current for more than a year, so why do you think that it is going to change in October? And if things are not current, then the I-485 cannot be submitted either.

And yes, things have always been moving, but never volatile. Number of green cards issues has never increased past the 140,000 per year. There are times when unused visas are reappropriated, and then were moved to Schedule A, but there were never new visas created.

Next issue is when you mention H1-B visas, they are actually being investigated right now by the US government as a requirement for them is that the person is a specialist, having a BSN and as a new grad, that takes someone out of the running right there, they are most definitely not specialists. Expect to see some major changes coming down the line with the H1-B visas, they are not supposed to be used for training programs for new grads either.

suzanne4, RN · Jul 22, 2008

Please come back on October 1, and tell us about all of your friends that filed for the I-485 at that time, sorry but just is not going to happen.

All of us here actually study what is going on with immigration on a daily basis and out beliefs are completely different from yours.

And if you speak with any immigration attorney that is truly aware of what is happening, they will also tell you that the AOS is not going to open up for several years.

When there are many waiting with completed petitions, things are not going to be current anytime soon for new people to get added to the mix. Why in the world do you think that there were so large a number of applicants last summer?

But this is not the thread for this to be discussed, it was set up for me to answer questions and not have discussions here. There are other threads for that.

nrswnabee · Jul 22, 2008

Just wondering where you get this information from. Nothing in the last VB indicates that AOS will recommence and I doubt that all the nurses waiting outside of the US will get visas enabling VB to be current for ones in the US to file AOS?

i'm looking at VB august 2008. no movement. but since the fiscal year starts again october, i understand pds will move though not fast enough to make it current.

nrswnabee · Jul 22, 2008

.
Just making a few clarifications. Not all who are in the US, regardless if with approved I-140s or not will be able to file for the I-485 and EAD by Oct. 2008.
The date on the visa bulletin would actually have to be current to be able to do that. The priority date, would have to be less than the cut-off date that will be posted in Oct. and DHS has already indicated that the cut-off date in Oct will start off with the same cut-off date in the June VB (March 1, 2006 for most countries). That means only those PDs below March 1, 2006 can file for the I-485 or the EAD.
Anyone with a PD that is March 1, 2006 and above cannot file for the I485 and EAD if DHS does actually set it at that date as they have previously indicated. They would have to wait for cut-off dates to move forward above their PD in the succeeding months to file for the I-485 and EAD.

sorry for the confusion. yes, you can file for AOS i-145 ONLY if your i140 is approved and pd is before the one stated in the latest vb.

suzanne4, RN · Jul 22, 2008

Sorry, but that it not correct. The I-485 can only be submitted when visas are current, it in not based on when the PD date is for that. That is where you have wrong information.

It is not PDs being current, but all visas. And that is the important fact that you are mistaken about.

And we have been very aware that nothing would be updated until October when the new fiscal year starts, but that still does not open up the AOS process. This was published several months ago about this.

Please use other threads for discussion of the retrogression as well as the AOS, this is not the place for this.

Thanks for your understanding.

nrswnabee · Jul 24, 2008

the h1-b is not for the new grad, they are never considered a specialist with that and that is the reason why they are being investigated right now.
-------
ok, that's fine. h1bs do require a b.s. degree or maybe higher and a specialty that can be acquired through years of experience. telling the op to strive for a bs may not qualify her for the h1b right after graduation but it buys her time to stay---which is my point. she gets her degree then another round of opt for experience...then next strive for a masters degree... my point here is to bring her closer to possibilities, expand her options by looking beyond. it's expensive, yes, and cumbersome, but it is legal.
--------
you stated in one of your posts here that one could submit for the i-485 when their pd date was current and that is what we are referring to, this is not a possibility because it is based on when visas are current. and have approved immigrant petitions (i-140) from their employers will be able to file for their i-145 for adjustment of status, ead and ap etc. so they can start to work legally. this is taken directly from what you wrote on the previous page.
------
i'm not denying that i wrote it. i stick by it...you can file i-145 when you have an approved i-140 and your pd is current, i.e., your priority date (the date your i-140 was filed) falls before the pds in the latest vb. you can file concurrently the ead and ap which will be approved earlier than getting a visa number....if you are already in the u.s. then you are set to enjoy the benefits of working and staying legal as well as travel abroad. you may have to wait for your actual greencard approval but that should not be a big problem after you get your receipt notice and ead.
this is a quote from uscis to shed light on the significance of the pd and when it is current.
http://www.uscis.gov/portal/site/uscis/
how can i find out when an immigrant visa number will be available for me?
each approved visa petition is placed in chronological order according to the date the visa petitioin was filed. the date the visa petition was filed is known as your priority date. the state department publishes a bulletin that shows the month and year of the visa petitions they are working on by country and preference category (see eligibility information above). you can estimate of the amount of time it will take to get an immigrant visa number by comparing your priority date with the date listed in the bulletin....
this is not the place for discussions on this topic. there are many other threads.

my main concern actually (for those in the u.s. already obviously) is how to keep a legal status given that immigration petition require many steps and moves at a slower pace than non-immigrant visa holders' timeline.

nrswnabee · Jul 24, 2008

And it's not going to move in the next VB either. Go back 1 or more VBs back and you will be able to read there that DHS already indicated that visas will be unavailable from July up until Sept and then by Oct will be re-set back to the same levels as what is on the June VB.
Many people who were following the monthly VBs all know this as we regularly discuss the monthly VB in the forums here and notice that starting Aug. VB, we have stopped posting the VB and discussing it as everyone already knows that nothing will change from July to Sept and things will only get back to June VB levels by Oct.

-----

did i say anything contradictory, then?. no movement until october 2008.

nrswnabee · Jul 24, 2008

No, you are not getting it and that is not what I said either. The I-140 need not be approved to file for the I-485 and the EAD. In fact, most file the I-140 and the I-485 and EAD all at the same time when PDs are current. It is called concurrent filing.
There was never a requirement that I-140s need to be approved first before the I-485 and EAD can be submitted (although there are talks now that they will in the near future). However, the PD needs to be current for the I-485 and EAD to be submitted and so at time of retrogression, you will keep hearing that they were only allowed to file for the I-140 (w/c can be submitted anytime) but cannot file for the I-1485 and the EAD.
--------------
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0966194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD
How Do I Apply For Immigrant Status Based On Employment?
An immigrant is a foreign national who is authorized to live and work permanently in the United States. You must go through a multi-step process to become an immigrant based on employment.
1. The USCIS must approve an immigrant petition (application) that was filed for you, usually by an employer.
how can you apply for AOS i-145 if you don't have an approved i-140? that's just NOT right. filing concurrently i-140 and 145 is practiced nowadays but the real principle behind the process is to secure approval for immigrant petition first i-140 130 before the alien can apply to adjust status i-145.
---------------
i think the bone of contention is when to file i-145 (along with EAD...). i believe you can do that as soon as your priority date becomes current (and by current i mean if your PD falls before the PD under your immigration preference in the latest...which of course judging from the latest VBs does not happen in say, 2 years...). you don't get your greencard straightaway but at least you secure your status and find work legally after AOS is set.
now the point i'm desperately trying to make is for those already in the u.s. on valid non-immigrant visas to ensure that they are MAINTAINING legal status in the middle of this painstakingly slow, even unfriendly immigration process. employers' filing of an i-140 does not make one "safe" and could even put extension/renewal of non-immigrant visa in question (dual intent issue).
now if all else fail....NO, it won't. i'm done here.

Silverdragon102, BSN · Jul 24, 2008

now the point i'm desperately trying to make is for those already in the u.s. on valid non-immigrant visas to ensure that they are MAINTAINING legal status in the middle of this painstakingly slow, even unfriendly immigration process. employers' filing of an i-140 does not make one "safe" and could even put extension/renewal of non-immigrant visa in question (dual intent issue).
now if all else fail....NO, it won't. i'm done here.

The only way they can stay in the US legally is by keeping what ever visa they are currently on valid. If student visa then they will have to maintain student visa. If H4 then they can do nothing and not work until VB moves forward and that the H1 employer is willing to petition them or they have found a employer willing to petition and has filed I140.