retrogression concerns

[nrswnabee]

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.

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i didn't say current... never did. i said it will MOVE though in an ever so slow pace. it would be wise not to put one's HOPE on getting a sponsorship anytime in the nearest future. the point i was just putting across is THINK how you can stay legal given that your greencard isn't coming to you sooner than you think. thousands are waiting in the pipeline.

h1bs would be an option if you have a higher degree and specialty which is the reason i was encouraging the op to strive for a bsn at least. eb3 remains the choice for a foreigner to legally work in the u.s. for very obvious advantages over an h1b (i.e. no specialty or higher degree requirements).

i'm talking based on what i see happening and current information. if h1b is under investigation, thanks for the info. i understand things do change but until there is an official announcement saying h1b is no longer acceptable as an immigration route for nurses, i believe it remains a viable option.

[suzanne4, RN]

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.

the moderators here have all given you are input based on what you wrote here, not what we are assuming.

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.

there are only 65,000 h1-b visas issued per year in the us and thru a lottery system as well. most employers are not even able to use that for employing foreign nurses.

again, i am asking you to post anything having to do with retrogression or in response to something that someone has sent to me here on another thread. having an approved i-140 does not permit one to do anything if visas are not current. and they are not going to be currrent for quite some time.

this is not the place for discussions on this topic. there are many other threads.

[lawrence01]

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.

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.

We recommend that you do some more research on the other threads rather than we discuss the at this thread so that it won't get off track.

We have to make the clarifications on this thread though to make sure people that regularly who reads it will not be confused. Thank you for understanding.

[lawrence01]

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.

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.