Dec 2007 VB

Published

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I don't know how to read it. Does it say anything about AOS?

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There is nothing being done with anything. There were about 800,000 petitions submitted in July/August for the AOS and no visas were available then.

The PD dates have not changed. Those that got their petitions in are now starting to get their EADs in the mail, but do not expect to see any movement with the actual green card for quite sometime.

For the AOS, the I-485 needs to be submitted and that means that all visas are current.

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For the AOS, the I-485 needs to be submitted and that means that all visas are current.

Suzanne, I'm a bit confused, can you clarify what "all visas are current" means?

Thank you

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If visas are not current, meaning that they are available at least in some categories, then the government will not even accept the I-485 and that is needed to be able to advance with the AOS. That is why the retrogression started last October, there were no visas available and that is why the cut-off then was October 31 for the AOS back then. There were some visas that were issued starting in June, but they were recapped visas that only totalled about 60,000 and they were gone quickly. When the govt was forced to accept those petitions in July and August, it was already a known fact that there were no visas available and that the processing for the green card would take much longer than normal. But the good thing, if that, was the fact that they could use the EAD to work and that is renewable while waiting.

Did you actually get a petition submitted during that open window of time or are you waiting until they will accept it again?

If you are waiting, expect it to be at least two years at the minimum because of the number that have petitions pending and the fact that there are only 140,000 green cards issued per year for those under the EB-3 category which nurses are under.

The old Schedule A. that no longer exists, was a sub-category under the EB-3 as well.

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Suzanne, thanks for responding. :)

If visas are not current, meaning that they are available at least in some categories, then the government will not even accept the I-485 and that is needed to be able to advance with the AOS.

So, since they're current now, government accepts I-485? I can file it?

But the good thing, if that, was the fact that they could use the EAD to work and that is renewable while waiting.

I don't care much about the green card itself. I just need to be able to work and not worry about having to go home. Can I file all the necessary documents and at least get the EAD?

Did you actually get a petition submitted during that open window of time or are you waiting until they will accept it again?

No, I missed August window (I got my Visascreen in September). I haven't done anything at all for immigration. I'm waiting.

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Suzanne, thanks for responding. :)

So, since they're current now, government accepts I-485? I can file it?

I don't care much about the green card itself. I just need to be able to work and not worry about having to go home. Can I file all the necessary documents and at least get the EAD?

No, I missed August window (I got my Visascreen in September). I haven't done anything at all for immigration. I'm waiting.

No, it is not current now. Suzanne never said it is current now. She only said that the visa category (EB3 for nurses) has to be current for AOS to be allowed to be filed. The cut-off date of PH under Eb3 is still 2002 (you can look this up on the monthly visa bulletins). The word "current" should be placed in their instead of a specific cut-off date for AOS (and EAD) to be allowed to be filed. You can't file AOS and EAD now since the visa bulletin says 2002 instead of "current". The I-140 (petition) can be filed anytime but as we explain before it is of no use to file the I-140 now if your intention is for AOS. It matters only if for consular processing as the earlier the I-140 is submitted the earlier the priority date. This is not so for those intending to do the AOS route instead because just like you said, the EAD is actually more impt. to some and you cannot file the EAD w/o a pending AOS and you can't file an AOS when the Visa category is not "current" and it is not "current" now. It is actually 2002 as of the moment.

If you haven't filed your I-485 by the middle of Aug 15 then you cannot file it now. You missed the short window of opportunity when it was current last July, 2007 and up until the middle of August, 2007 where they made a 2 week extension to make-up for the lost 2 weeks because of the July VB Fiasco.. You have to wait until it becomes current again. When that will happen is anyone's guess but the cut-off date is currently 2002 for PH.

Hope this clear things a bit for you.

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No, it is not current now. Suzanne never said it is current now. She only said that the visa category (EB3 for nurses) has to be current for AOS to be allowed to be filed. The cut-off date of PH under Eb3 is still 2002 (you can look this up on the monthly visa bulletins). The word "current" should be placed in their instead of a specific cut-off date for AOS (and EAD) to be allowed to be filed. You can't file AOS and EAD now since the visa bulletin says 2002 instead of "current". The I-140 (petition) can be filed anytime but as we explain before it is of no use to file the I-140 now if your intention is for AOS. It matters only if for consular processing as the earlier the I-140 is submitted the earlier the priority date. This is not so for those intending to do the AOS route instead because just like you said, the EAD is actually more impt. to some and you cannot file the EAD w/o a pending AOS and you can't file an AOS when the Visa category is not "current" and it is not "current" now. It is actually 2002 as of the moment.

If you haven't filed your I-485 by the middle of Aug 15 then you cannot file it now. You missed the short window of opportunity when it was current last July, 2007 and up until the middle of August, 2007 where they made a 2 week extension to make-up for the lost 2 weeks because of the July VB Fiasco.. You have to wait until it becomes current again. When that will happen is anyone's guess but the cut-off date is currently 2002 for PH.

Hope this clear things a bit for you.

Hi lawrence,

Thanks for clarification, I misread Suzanne's post, hence the confusion. Now it's clear. :)

I'm curious about H1C visa though. I only seen it mentioned here once a few days, and it was said that it's very limited (I think there are 14 of them) and that there are only a few hospitals hiring, and that the working conditions are probably unsafe. I'd like to know more about this. Any specific information on these hospitals?

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hi lawrence,

thanks for clarification, i misread suzanne's post, hence the confusion. now it's clear. :)

i'm curious about h1c visa though. i only seen it mentioned here once a few days, and it was said that it's very limited (i think there are 14 of them) and that there are only a few hospitals hiring, and that the working conditions are probably unsafe. i'd like to know more about this. any specific information on these hospitals?

try this link as reference: http://www.messersmithlaw.com/work-visa/h1c-visa.html

as for specific information on each hospital, you would have to do a research on that for yourself. you can go to: https://allnurses.com/forums/f131/

*moderator's note: we do not recommend this visa and members interested are responsible for their own decisions.

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try this link as reference: http://www.messersmithlaw.com/work-visa/h1c-visa.html

as for specific information on each hospital, you would have to do a research on that for yourself. you can go to: https://allnurses.com/forums/f131/

*moderator's note: we do not recommend this visa and members interested are responsible for their own decisions.

thanks!

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My case is still sat at the London embassy and has been since July 2007 my PD is May 2005 :crying2: lets hope we dont have to wait 2 yrs to get our medical and interview, think my family and i would have been driven to insanity by then :bugeyes:

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My case is still sat at the London embassy and has been since July 2007 my PD is May 2005 :crying2: lets hope we dont have to wait 2 yrs to get our medical and interview, think my family and i would have been driven to insanity by then :bugeyes:

I feel for you bettyboop. I have a family member whose case has been complete and sitting on someone's desk at the London Embassy since September 2006. I admire your staying power, think I'd have given up if it was me.

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