EB2-3 Predictions (Rather Calculations) - 2014

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Originally Posted by saagar_is_cool

Anyways, can you elaborate what you mean all questions are in favor.

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I meant - you can go to India with an AP. Try to stamp H1. And regardless of outcome of stamping you can enter on AP and still work on approved H1B.

The denial in India of H1B stamping is just denial of a visa. That doesn't invalidate the H1B work authorization. The reason for this apparent disconnect is because of the fact that visas are given by DoS whereas work authorization H1B is under USCIS.

My understanding is that if you enter on AP - then you automatically acquire status by using your H1B. But you may want to confirm with your company lawyer.

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Originally Posted by qesehmk

I meant - you can go to India with an AP. Try to stamp H1. And regardless of outcome of stamping you can enter on AP and still work on approved H1B.

The denial in India of H1B stamping is just denial of a visa. That doesn't invalidate the H1B work authorization. The reason for this apparent disconnect is because of the fact that visas are given by DoS whereas work authorization H1B is under USCIS.

My understanding is that if you enter on AP - then you automatically acquire status by using your H1B. But you may want to confirm with your company lawyer.

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If you enter in AP you are not in H1 status. One can regain H1 status by applying for extension and if its approved with I94 attached.
As suggested by Q - always always check with lawyer.

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Originally Posted by suninphx

If you enter in AP you are not in H1 status. One can regain H1 status by applying for extension and if its approved with I94 attached.
As suggested by Q - always always check with lawyer.

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Explained by murthy a while back.. hopefully the info is still valid

http://www.murthy.com/2008/03/21/eff...pending-i-485/


"Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition."

My wife used AP to enter into US and the same year her employer renewed her H1B. Her h1 approved with new I-94.

Hi All,
I am sorry I am total newbie to this and not sure how the I-485 approval queue works ..... I have pending I-485 and my priority date is Feb 2008(EB2) and my status still shows as 'Acceptance'. I am applying for the GC as dependent. I file my application in Aug 20013. That being said are the I-485 proceesed by application filing date or Priority dates?

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Originally Posted by saagar_is_cool

vizcard, are you using H1 for work authorization or for status. From what I figured out from forums, these are two different things. I am not sure if using H1 for work authorization would or would not put you out of status if underlying 485 gets revoked for whatever reason.

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Those are indeed 2 different things - I was using H1 for work authorization but traveled on AP (so technically I was not in H1 status). If the 485 got denied, I would probably just need to reenter the country with my H1B and I'd be back on the H1B status. Thankfully, I didn't need to explore that as I got approved last month :)

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Originally Posted by nsd2013

Hi All,
I am sorry I am total newbie to this and not sure how the I-485 approval queue works ..... I have pending I-485 and my priority date is Feb 2008(EB2) and my status still shows as 'Acceptance'. I am applying for the GC as dependent. I file my application in Aug 2013. That being said are the I-485 proceesed by application filing date or Priority dates?

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In theory its by receipt date when dates are current. But realistically its all over the place. if you visit trackitt you will see proof of that.

Has the primary on your application been approved or is his/her application still pending?

Thank vizcard.
Yes the primary has been approved for about a year (give or take a week from today)

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Originally Posted by EB2IndSep09

Agree with Viz that you should check with your lawyers. + A general information is you should file the H1 extn on or before the day your current H1 expires.
If your receipt date is earlier than Sep 28th you have covered all your bases and any further correspondence is treated as general. Another thing I would do is chk with the attorneys if the check has been en cashed by USCIS, generally they will with in couple of days after admitting the case. You need NOT to worry about working eligibility for next 180 days (gurus can pitch in and correct me if I am wrong with number of days) as you have a receipt notice which authorizes you to work during these 180 days till your H1 is approved.

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Thanks for the responses. Checking with the employer and their lawyer. Meanwhile I have the receipt notice with RD of Sep-22 and in Premium.

In few hours from now we will be in FY15, this will be my last post in FY14.
I've a very positive prediction for EB3-India folks who are waiting for more than 10 years in the GC Q.
Back in May'14 I was predicting that EB3-India will have bright future ahead in this post: here

After a thorough data analysis I could say that in FY16 we will see a complete wipe out of EB3-I I485 inventory as shown in this graph:EB3-I I485 inventory trends
Here I'm comparing the same graph with current EB3-ROW inventory trend:EB3-I I485 inventory trends comparing with EB3-ROW inventory trend

After seeing these graphs you might question why would we see 20k spillover to EB3-I in FY16. This is what I'm getting from all the available data pointers.
After FY15 there will not be any demand for EB3 to consume its yearly 40k visas and that gives a massive horizontal spillover to EB3-India.
So this means we will have inventory buildup for EB3-I also in FY16.

Already, this post predicts that there is a possibility for EB2-I inventory building in FY16.