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Posts posted by banker9

  1. Hi All


    Just wondering what people here think regarding Eb1 priority date movement for India.

    I am Eb1A with PD of Nov 2017 and currently the Final Action Dates are stuck at Feb 22 2017 with a retrogression starting next month as per the May VB last week. 


    Considering that this year no spill over happens from ROW (which has about 34K annual Eb1 visa numbers) it seems even within Feb 2017 and Dec 2017 there are over 11k Indian 485s pending. This implies that if Eb1 India doesnt get spill over from ROW (which is likely as ROW is not becoming current and USCIS's Charlie Opp. opines that the demand remains very high for ROW) then India Eb1 will likely move slower than Eb3/2 in the coming years. This is really scary. It seems that even to get to end of 2017 as in the final action date for India, it could take upto 2 more fiscal years!


    Any thoughts welcome on this. I realize that the actual prediction on these dates is far from a science, yet any thoughts/ comments/ opinions are very welcome!

  2. Hello 

    i have been in the USA over 15 years. Have 3 Masters including MBA from USA

    I had utilized all 6 yrs on h1b earlier and was working on H4 EAD 2015-2017 when I went through a non contested divorce. Wife refused to file for my H4 EAD extension while divorce was ongoing 

    I applied for regular Eb1a and concurrent 485 in Nov 2017. Got EAD combo card in March 2018 valid for 1 yr. Divorce was finalized in May 2018 
    Fearing a potential negative outcome with Eb1a as its always a high threshold and my case went to Nebraska. I asked my bank to shift me to London which they did in June 2018 and under no circumstances will shift me back without having worked here at least 2 yrs or so. At no time was I out of status in USA in the last 15 years. 

    Currently I have the valid AP+EAD and in London. Now got Eb1a approval (end August 2018). 485 will probably still take over 1 yr potentially. I have been in London since late May 2018

    In this situation what should I do? Quit my role and just go back jobless to USA? I have heard that staying out too long is dangerous. Bank wont shift me back for now and finding a good enough role will potentially take months as hiring currently frozen in my industry potentially for atleast 6 months more and I do need the money from the work. Also i do wish to settle back in USA long term 

    I have heard that 824 is longer and more risky as well. 

    Queries are-

    1) If I travel back for good in Dec 2018, can they say at port of entry that you have been away for 6 months and hence no entry now as you had abandoned US? 

    2) If I am able to enter and will have to start looking for a new job, the present EAD will expire in March 2019 and the new one will probably not arrive till middle of 2019 due to present delays. In this scenario, can I keep working if I find a job as there is a rule that if I file before expiration then the filing itself extends the work permit by 180 days. However i wont be able to travel, as I understand, because I will be waiting for the AP

    Can knowledgeable people give their opinion on my case? 

    Many Thanks