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Everything posted by Attorney_6

  1. Attorney_6

    EB2 Retrogression

    The H4 EAD is a regulation change, not a law. It is enacted administratively, by the agency--not legislatively, by congress. The H4 EAD is listed as one of the executive actions (multiple changes, including the executive order). The releases show that it will be enacted in the near future---with a projection of December or January.
  2. Attorney_6

    EB2 Retrogression

    Kbamar, There isn't any update on the H4 EAD proposed regulation. It is not at all clear why this was delayed.
  3. Attorney_6

    EB2 Retrogression

    Reddy183, The executive order information is scheduled for release on Thursday night. Of course, it is hard to know how much detail will be provided, as opposed to an overview. However, we should have at least a good idea of where the benefits lie at that point. As an general matter, one should never rely on proposals, draft legislation etc. We always tell people to make their plans and move forward based upon the current immigration system, rather than depending upon hopes for various changes. I always tell people to just put themselves in the best position possible to benefit from any potential changes or brief periods of opportunity. While we hope there will be some benefits---direct or indirect-- which will apply to our typical type of client/reader, it is hard to image that "everyone" will get a GC in six months.
  4. Attorney_6

    EB2 Retrogression

    Team 21, As an initial matter, this is a public forum. So, while there are lots of people who work at a certain large tech company in Redmond, as well as many people who attend a large state university in Austin, it would be best not to provide such specific, identifying details. 1. The EAD for H4s is still only a proposal, it is not effective as of yet. It only applied to spouses, not kids. 2. If a person is eligible as a derivative beneficiary in the GC case, they remain eligible even if they are not in dependent immigration category. No need to change back to H4---and H4 is limited to under 21. 3. It would be best to go over the details in a consultation. However, as a general matter, and since nothing is certain until the GC is approved, it normally is worth considering the change to F1 to allow for college students to gain the work experience that they will need to compete after graduation.
  5. Attorney_6

    Travel with I-485 Pending

    Nag, Motions have tight deadlines. It is occasionally possible --where there is clear error--to manage to avoid having to file an MTR by communicating with the USCIS. But, for the most part, there just isn't enough time to try to get someone to do a Service Motion (in which the USCIS reopens the case on their own initiative) and make sure that has happened etc. Thus, most of the time, it is necessary to file the MTR, pay the fees etc. and deal with it that way.
  6. Jax, It is ok to apply for AP and leave the U.S. However, in order to USE the particular AP, it must have been approved before the particular departure. So, this AP could be used for a subsequent trip, after reentry as an H1 and approval of the AP. Of course, traveling without the AP means that the H1 visa must be approved in order to allow return.
  7. Attorney_6

    I485 RFE + new medical eval required + In India + dates retrogressed

    The USCIS is not going to ignore the fact that they sent the RFE. The RFE was triggered when the dates were current. They must have accepted the explanation the first time, and, then, resent the same RFE without consideration of the dates. If there is not an acceptable response, the I-485 will be denied. There is no assurance that they will accept another request for a delay.
  8. Attorney_6

    Travel with I-485 Pending

    Nag, The H1 approval remains valid, even though it was based upon the pending GC case. Of course, in order to extend it further, the I-485 issue must be addressed. If the I-485 was improperly denied---such as due to the prior employer's withdrawal of the I-140 when a person has a proper AC1 case----then it can be challenged by filing a MTR. There is a tight deadline for an MTR.
  9. Attorney_6

    Holiday Travel

    H1B petition approvals are separate, stand-alone, approvals. Thus, the revocation of H1B petition #1 does not invalidate H1B petition #2. Of course, there may be some issues in the future depending upon the reason for the revocation. If there is some issue of fraud or serious non-compliance etc., the USCIS may look into this employer and the new petition more closely. Typically, these cases involve site visits where the individual has been relocated without the filing of an amendment. If this matter has been properly addressed by the filing of the current petition for the proper location/position etc., that is usually sufficient. In the event the USCIS wanted to take action against the current petition, they would have to issue a NOIR on that petition.
  10. Sdoshi, Sorry, but, no the EB priority date can not be utilized in the FB case. It still is a good idea to have the spouse file the FB2A case to establish a priority date in that category. That provides two potential avenues to getting a GC. In this situation, I am assuming the marriage happened after the spouse became an LPR. If that is not correct, then there should be eligibility as a derivative of the spouse.
  11. Attorney_6

    EB2 Retrogression

    There would not likely be a connection between EB2 and any relief for undocumented foreign nationals. There are other issues which have been mentioned as potentially falling under the Executive Order option which would impact EB2. One of these is the recapture of unused "lost" visa numbers from many years ago, and making them available now. Depending upon how many such numbers became available, it would help to ease things temporarily. The other issue that has been discussed which would make a huge, long term, difference is changing from needing one visa number per person to one per family in GC cases. Since many EB cases involve the primary as well as a spouse (and sometimes a child or two), making this change would be HUGE. But, all of this has been talked about, debated, proposed, promised etc for a long time. So, everyone can hope for the best, but keep making plans and strategies based upon the current situation.
  12. Attorney_6

    EB2 Retrogression

    Kbamar, The predictions are not that specific. There are many variables that impact the movement of the cut off dates. The Department of State does not have completely transparent data from the USCIS, particularly with regard to the EB3 to EB2 "upgrade" cases. At this point, we just know that the EB2, India, dates are not expected to move until June/July 2015. There is not a prediction as to how far forward they will move at that point. While the recent forward movement resulted in many I-485 case approvals, there are still many, many cases pending in EB2 with old priority dates.
  13. Attorney_6

    I-140 PD porting in EB2

    It is just necessary to make the request for the old date when filing the I-140 and to properly reference the old case. It is usually very routine.
  14. Attorney_6

    No more stamping in Jamaica??

    Not everyone needs to go to the home country. We will have an article on this topic on MurthyDotCom later today. The policy has changed, so it is far more restrictive. Kingston will no longer be an option for those who are out of status, or those who are seeking a visa in a new category.
  15. Attorney_6

    EB2 Retrogression

    G2, YES, a person in that (unfortunate) situation could and should file BOTH the F2A I-130 and the I-824 (on the EB2 case.) There is no conflict in taking that approach at all, the spouse is eligible under both the family category as the spouse of an LPR, as well as still being eligible as a derivative in the EB case. Since priority date movement is uncertain in both EB and FB cases, it makes sense to pursue both and just take whatever comes first!
  16. Attorney_6

    how to apply passport for baby

    The details are on the Department of State website, www.travel.state.gov Also, if there are plans to take the baby abroad (to parent's home country) it is necessary to get the appropriate travel document to allow entry by a US citizen. For India, this is often a PIO card.
  17. Attorney_6

    Travelling to Jamaica on Nov8th from Charlotte, NC

    Please see new restriction on TCN visa applications in Kingston.
  18. Attorney_6

    Time to get EAD & AP document

    EADs and APs are moving a bit more slowly at the moment. The full 90-days is typical. So, with the dates given, the approvals may be coming soon.
  19. Attorney_6

    Self Employed on EAD while keep the current job

    The EAD allows for unrestricted employment authorization. So, a person could have a job on the side etc. It is important for the GC primary in an employment based case to be mindful of the need to have a proper job offer underlying their GC case. But, as long as that is in place, they can have side jobs/businesses on the EAD.
  20. Attorney_6

    EB2 Retrogression

    The cut off date is not expected to move forward until the end of the 3rd quarter of the fiscal year (FY) or start of the 4th quarter of the FY. So, June or July 2015. That is the point in the FY that any excess numbers from the other categories are shifted around and made available to the oversubscribed EB2 India and China. The amount of the advancement depends upon the volume of such "extra" numbers.
  21. Attorney_6

    Would it nulify or impact EB3 ?

    As long as there is no fraud involved (fake degrees etc.), an EB2 denial would not harm the EB3 case. If everything is genuine, there is no risk to the current case.
  22. Attorney_6

    spouse entering USA while on AOS

    Joe is correct. The eligibility as a derivative child ends if the "child" gets married. Their age may be protected under the Child Status Protection Act (CSPA) so that they are considered to be under 21 for immigration benefits after their 21st birthday, but, this does not protect them from disqualification by marriage. If they marry before getting the GC, they are going to have to find their own, independent, way to remain in the U.S.
  23. If the cases are not processed to approval under the October Visa Bulletin, they will have to wait until more visa numbers are available. I-485s can not be approved without the issuance of a visa number. The best available predictions indicate that the EB2 India date will not advance past the cut off date in the November Visa Bulletin (February 15, 2005) until June/July 2015.
  24. The FB4 case can be filed even where there is a pending EB2. There is no conflict at all. The form should be accuately completed with the information as it stands at the time filed--even if that may change. List ALL children. As a general matter, the EB priority date can be retained in a later filed EB GC as long as the I-140 was approved. The exception to this is for cases where the government revokes the I-140 for fraud/misrep.
  25. There is a USCIS memo on this topic that sets forth a pretty generous policy on what is and is not considered in the public charge determination---with only those things that indicate a reliance on the government for susistance coming into consideration on this issue. This is reflected in the information linked in this question---which itself specifies that short term medicaid is not considered. That is considered as being a suppliment rather than providing sustance. On the other hand, if it is a long term matter, wherein medicade is paying for institutionalized care, it would be counted. It may be that there is some special need or circumstance in this situation. In most cases, a person with regular medical insurance would not need this benefit, nor would the dependant of an H1 meet the financial requirements.