Visa Bulletin Developments

[Attorney_6]

This week, the attorneys at the Murthy Law Firm will answer questions about recent Visa Bulletin developments and available predictions.

 

RULES FOR TOPIC OF THE WEEK THREADS:

1. Attorney’s postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
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[Neda]

Sir, why would PD moves back when all the person have filed their 485's?? I mean PD moves forward when USCIS has cleared all the previous applications, so why retrogression then?

 

I my understanding, either PD should move forward or should be the same in the next VB.

[ppp121]

My application has been in security check for over 2 months, will these changes have an impact on how long it takes to clear the checks or will the processing stop if the dates are no longer available?

[Attorney_6]

Neda,

This is a bit complicated, but, yes, the cut off dates do move backward. It is all about supply and demand, and estimates of the availability of visa numbers as compared to demand.

 

The forward movement does not mean that all the previous applications have been cleared. Forward movement, while leading to clearing of pending cases, also allows for new filings by people within that cut off date. Thus, new demand is created when the dates move, if there are people who had not yet filed I-485s. This new demand can be enough to use up the visa number supply.

 

Additionally, the visa numbers are on an annual cycle. They have to be used before the end of the FY (September 30th). So, the extras are made available to the high demand categories at the end, so that they won't be wasted. But, there aren't enough numbers for EVERYONE. So, once they are gone, the cut off date goes backward again.

[Attorney_6]

PPP,

Case processing continues, even when visa numbers are unavailable. I-485s can't be approved without visa numbers, but, all the other aspects of processing continue to take place. The cases are "preadjudicated" awaiting availability of visa numbers.

[Neda]

Neda,

This is a bit complicated, but, yes, the cut off dates do move backward. It is all about supply and demand, and estimates of the availability of visa numbers as compared to demand.

 

The forward movement does not mean that all the previous applications have been cleared. Forward movement, while leading to clearing of pending cases, also allows for new filings by people within that cut off date. Thus, new demand is created when the dates move, if there are people who had not yet filed I-485s. This new demand can be enough to use up the visa number supply.

 

Additionally, the visa numbers are on an annual cycle. They have to be used before the end of the FY (September 30th). So, the extras are made available to the high demand categories at the end, so that they won't be wasted. But, there aren't enough numbers for EVERYONE. So, once they are gone, the cut off date goes backward again.

So, if my employer files my 485 when my PD is current and if the dates move back then what will be my status? Am I still eligible for H1 ext when my 485 is under process?? Can I travel internationally without any issues??

[Attorney_6]

Neda,

The H1 can be extended while the I-485 is pending. The status in that case is H1 with AOS pending.

Travel is allowed, as normal, on the H1. Alternatively, people with I-485s pending can obtain advance parole (AP), as well as EADs. Travel is permitted on the AP.

[Neda]

Neda,

The H1 can be extended while the I-485 is pending. The status in that case is H1 with AOS pending.

Travel is allowed, as normal, on the H1. Alternatively, people with I-485s pending can obtain advance parole (AP), as well as EADs. Travel is permitted on the AP.

Thanks for reply. So it looks like traveling is not an issue while 485 is pending.

One final question, so which is the best option H1 ext or AP and EAD?

[Attorney_6]

Neda,

That is best covered in a consultation. As a general matter, we recommend extending/keeping H1B status, where possible.

[itsmeusa]

Hello,

Please advise - What benefits could "maintaining H1b status" bring when we have liberty to use EAD and change employer?

[Neda]

Neda,

That is best covered in a consultation. As a general matter, we recommend extending/keeping H1B status, where possible.

Thank you attorney.

[ppp121]

PPP,

Case processing continues, even when visa numbers are unavailable. I-485s can't be approved without visa numbers, but, all the other aspects of processing continue to take place. The cases are "preadjudicated" awaiting availability of visa numbers.

 

Thanks Attorney_6.

[Attorney_6]

ItsmeUSA,

 

The primary benefit of continuing H1B status is that it gives one a nonimmigrant status, in case something goes wrong with the I-485. If a person relies on the I-485, alone, and it is denied, they are out of status. If they still have H1, then, they are in status and it gives more options for "fixing" the situation.

 

There are also times when people MUST keep H1B status because of spouses who need H4 status because they didn't file I-485.

 

Of course, it is correct that the I-485 pending/EAD provides much more flexibility and, once a person is AC21 qualified, many more job options. Thus, many people end up not keeping H1 status at some point after they file the I-485.

[Nisha03]

Can anyone please give me the estimate from below information? I need to provide this information to my client. (This is something urgent). Appreciate the help.

 

Based on my priority date February 2011 (EB2), when should I expect my EAD. 

 

Thanks.

[rahul412]

 

Based on my priority date February 2011 (EB2), when should I expect my EAD.

God knows. But you can count 5 yrs easily....

[H4renewal]

I am on EB3 February 2013? age 39years 4 months. I think I will get my GC during my funeral? or before that? Indian peole average life not >55years.

[rahul412]

I am on EB3 February 2013? age 39years 4 months. I think I will get my GC during my funeral? or before that? Indian peole average life not >55years.

You applied for your GC at the age of 37, you were late. So please do not blame the system.

[H4renewal]

Many people here over 40+ applied EB3 I am not new. but system is not good, I am not new to blame system.. many here.

[H4renewal]

if system is faster moving clean no need to blame and yes you and me will be free to talk about GC and priority dates. if you observe why only all forums full of EB2 EB3 Indian applicants query only.. why others are not asking more query? because they all set for PD is current or no more waiting time. so, system is faulty with keyword = "Indian citizens", rest world "Welcome to USA".

[rahul412]

if system is faster moving clean no need to blame and yes you and me will be free to talk about GC and priority dates. if you observe why only all forums full of EB2 EB3 Indian applicants query only.. why others are not asking more query? because they all set for PD is current or no more waiting time. so, system is faulty with keyword = "Indian citizens", rest world "Welcome to USA".

Since there are more number of applications for EB2 and EB3 that doesn't mean that system is faulty. If there are more applications and less number of visas this is what happens. BTW GC's are by issued per country limit, so its not just indians who are waiting in the queue. Just take a look into visa bulletin, you will get the clear picture.

[nani09]

I'm currently on F-1 Visa and i graduate on May 23. I will have to travel to India after i graduate. I would be joining my employer on June 22 and they have filed for my H1-B. I will have my OPT card by the time i join them, but i am assuming that this travel might impact my H1B application. Is there a way that i could mitigate this issue? I heard about the I-512 form which can be used to shield against the issue. Please advise.

[Attorney_6]

The situation for Indians in the EB categories is, generally, much worse than the other countries.