Update on covid talks. Pelosi and mnuchin did not reach an agreement. House is proceeding this evening with its own covid relief bill at $2.2T .FB spillover is probably safe for now
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Update on covid talks. Pelosi and mnuchin did not reach an agreement. House is proceeding this evening with its own covid relief bill at $2.2T .FB spillover is probably safe for now
@Turbulent_dragonfly
Can you please share details about the medicals? Is there some form doctor will have to complete, does this have to be physical check up with doctor, blood work etc., ?
You need to go and see Dr who can do medicals for immigration. Yes there would physical check up, blood work, vaccinations( if you didnot have them before)..) after that they would give sealed document to submit with your i-485 applicationQuote:
Originally Posted by GCMirage
Roughly it would take 4-5 days to get your Medicals done
Yes they will ask for your immunization records from India if you have them. If not they will give you MMR, TDAP and possibly the flu shot too. If you have never had chicken pox, they may give that shot too. Blood work to screen for any STDs. Depending on what shots you need, it may be anywhere from $200 to $450.Quote:
Originally Posted by GCMirage
Results usually in a week. After the lab results are back, the Physician will fill out form I-693 and sign it and seal it for submission to USCIS.
Thanks for your watch on this topic. Since tomorrow is the official start of new fiscal, is it fair to say that if a bill that contains visa re-allocation doesn't pass house, senate and signed by the POTUS, by law by midnight today we are good for the SO for the entire new fiscal?Quote:
Originally Posted by gs1968
Been a lurker for many years. My PD is 04/29/2010 (EB-2). Do you suggest filing for concurrent eb-2 & eb-3 or just file eb-2 for now and switch to eb-3 later when its fac date becomes current?
thanks!
Also, you don't need to do medicals now if you are filing just based on filing dates and your final action dates are not yet current.Quote:
Originally Posted by Turbulent_Dragonfly
I think the chances of any deal before the election are unlikely. I read that 10 days ago, Stephen Moore told President Trump in a meeting at the White House that it was likely already too late for a stimulus to help Trump politically.Moore told Trump a deal now wont boost the economy until 2021 - or after Nov 3. There is no incentive for the president to lean on the GOP senate to push the bill through.It is also possible that with every passing day the Democrats are increasingly positive about a favorable election outcome and are likely to deal with this in January 2021. The next opportunity for any amendments to be attached would be the next CR in December when the current one expires on Dec 11. The Senate is voting at 5 PM on the House passed CR and should recess after that.Quote:
Originally Posted by Zenzone
As far as whether these spillover numbers are safe I really don't know. If the Congress passes something on a prorated basis to reclaim the numbers in January the USCIS will have to honor it. The inclusion in the current Bill suggests that the issue is still alive. Of more immediate concern is the fee raises that were struck down in court yesterday. If the USCIS was planning to use this extra income to bolster their fiances and expand hiring then it may be difficult now. Hopefully in January they can have a confirmed nominee that can enforce these increases.I think the case yesterday was struck down because the judge felt that Chad Wolf was appointed illegally
Quote:
Originally Posted by cool_dude
I tried to skim thru the bill and searched for the text spillover, visas, employment and other relevant text. Did not find any reference that says that the spillover will be abolished. May be it is posted in some legislative language which I am unable to interpret. Any one has the exact text which explains this clause.
Thanks. I think its a theoretical possibility that retro-actively re-take the unused FB visas. Also remember, January will be Q2 of the fiscal and there are chances that a good portion of the SO might have been already allocated. So its futile exercise. However, they can enact the law to bring back the unused number from Oct-Dec that are part of the new fiscal. I hope that doesn't happen either! Also, the brighter side, with new admin. chances of S.386 is hopefully brighter. But I agree with you that this is not an immediate threat as yet overall.Quote:
Originally Posted by gs1968
The provisions are under Section T Immigration matters on Page 2022 of the PDF File. The language is exactly as before in the previous versions of this Bill. There are also provisions included for physiciansQuote:
Originally Posted by horizon1012
Look at page 2025Quote:
Originally Posted by horizon1012
(ii) ELIMINATION OF FALL ACROSS.—
20 For fiscal years 2021 and 2022, the num21 ber computed under subsection (c)(3)(C) of
22 section 201 of the Immigration and Na23 tionality Act (8 U.S.C. 1151), and the
24 number computed under subsection
VerDate Nov 24 2008 11:54 Sep 29, 2020 Jkt 000000 PO 00000 Frm 02025 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\ 11.0\GEN\C\SUPP_SEP
September 29, 2020 (11:54 a.m.)
H:\XML\FY21\SUPP\COVID\SUPP_SEP_01_ALL.XML
L:\VA\092920\A092920.007.xml
2026
lll
1 (d)(2)(C) of such section, are deemed to
2 equal zero.
"Stimulus negotiations between Treasury Secretary Steven Mnuchin and House Speaker Nancy Pelosi fell apart on Wednesday. We’re very, very far apart,” Senate Majority Leader Mitch McConnell said after the meeting. . . Republicans acknowledged prior to the meeting that this was likely the last chance to get something done before the election."
https://www.msn.com/en-us/news/polit...?ocid=msedgntp
It depends on your attornies.. our company Attorney kept it as a needed document to file. So i would tell , check with your company attorney first for the checklist, if they request it go ahead and do itQuote:
Originally Posted by Zenzone
Exactly. Since my PD is in May 2010, my attorney did not want any outstanding documentation down the road even it means spending the money for naught.Quote:
Originally Posted by mesan123
My attorney is taking different stance - They want me to send the application ASAP and deal with medicals later on when we get RFE. My priority date is Sep 2010 EB2.Quote:
Originally Posted by Turbulent_Dragonfly
Also, my attorney said if we send the I-485 application before Oct 12th we don't need to submit I-944 along with the application. It can be submitted later on when we get the RFE.
I suppose I am qualified to answer this Question as I have been through this .Quote:
Originally Posted by rabp77
In April/May 2018 the administration secretly passed a directive that the AP would be considered abandoned if a person traveled while the application was in process. I was supposed to travel in June and there were rumors about this . So I went to the USCIS info pass office and they told me that they have not received any such directive and that I was OK to travel as long as I applied for the extension while in the US and return before the current AP expired. I visited India for 2 weeks and in July I got I letter saying that AP was rejected due to the travel , but my EAD was extended for 2 years. I reapplied for the AP which got approved in 14 weeks but for only one year. Ever since my AP is renewed for one year and EAD for 2 .
There were lot of petitions filed to the USCIS and they revered their draconian directive mid 2019 . Please refer to https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel . Here is an excerpt from the USCIS page
"If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation."
So you are safe to travel after you apply but be sure you return before the current AP expires as AP can take upto 7 months to renew . EAD has no such rule , you just need to apply when in the US.
Quote:
Originally Posted by Turbulent_Dragonfly
If you are EB2 and your PD is before Jan 1,2011(Jan 1,2012 for EB-3) it makes sense to send the form I-693 along with your I-485. In case if your interview gets waived, you may get approved without an RFE for medical.Quote:
Originally Posted by Zenzone
If the INA rule has already enacted and given spillover per rule. IMO any party wins they cannot retro active after sept 30 2020. But they can very well stop from oct 2021Quote:
Originally Posted by Zenzone
Do u trust dems for s386- the biggest liars
Backlogged indians r atleast able to file for ead due to GOP ( not just coz of consulate closures, I firmly believe trump order also plays a role)
I really hope DT 2020, I would take ead and ap for 2 years than nothing
. i heard attornies are charging extra for each RFE response( except adminstrative ones eg like passport pics or medicals)... just an infoQuote:
Originally Posted by maverick2010
I do understand we can submit only the documents attornies request..
Do u expect FAD to reach for eb2- jan 2011 and eb3 jan 2012?
Option#1: If you have maintained a valid H-1B status, you can travel without abandoning either I-485 or I-131. You can enter with your valid H-1B visa. Don't mention your I-1485 is pending at the PoE voluntarily.Quote:
Originally Posted by gcpursuit
Option#2: If you have a valid I-131 and your I-131 renewal is pending, you can use the valid I-131 to travel but you MUST return before its expiry.
I used Option#1 last year and I didn't have any problem in getting my EAD/AP approved.
If you apply for I-131 in Oct 2020, it will take at least 7-8 months (NBC) to get your I-131. So for emergency travel purpose keep maintaining your H-1B if possible.
I do if USCIS doesn't screw up things.Quote:
Originally Posted by longwaitgigu
Few queries on I-944 form:
1. My understanding is that each member of household have to fill it. Primary applicant, spouse and kids. However, if kids are US born, do they still have to fill it?
2. Part 4: Your Education and Skills. It says that if you have approved I-140, then skip the section. I have approved I-140 and primary applicant so I can skip. However, my wife is also I-140 approved with a later PD, so should she provide her I-140 number and skip it too.
3. Assets: Should we also include 401K and 529 accounts?
My Lawyer tells me that you can travel while I485 is pending as long as you can return back on valid H1B status.Quote:
Originally Posted by gcpursuit
If you have plans to travel after applying for 485 then only apply for 485 and EAD. Return on valid H1b status and then apply for AP after coming back. At least that's what I am planning to do as I also have plans to travel after applying for 485.
Is your prediction has anything to do with election results-like who will win. Or with 261,500 the FAD predictions remains same
1. No. They are not I-485 applicants.
2. Yes if your spouse has an I-140 approved, mention that and skip the educational details.
3. Every significant asset you have especially liquid just bolsters your case against becoming a public charge.
https://www.murthy.com/2020/09/30/ne...ssing-service/
Premium processing for EAD? Where did this bill come from?! Good news regardless
Hopefully that’s an indication that they intend to stay with the filing dates and reap the sweet sweet premium processing fees from suckers like us who they have left hanging for so long.Quote:
Originally Posted by ferric
My pd is 1/4/11....do you suggest me to complete I-693? I thought they would raise an RFE in coming months as such. Appointments have been tough to get. Thoughts?Quote:
Originally Posted by jimmys
Good question on US born kids. I have the same question. Yes including 401k and 529 are fine.
If you can't get appointment it's fine. Send it without I-693. Don't delay filing I-485.Quote:
Originally Posted by Zenzone
$1500 for EAD?Quote:
Originally Posted by ferric
I belive you should file i485 without medicals in this case. Thats what i had done. Normally they give you a months notice before calling you for an interview. I had taken my medicals with me to the interview, and handed them over during the interview. My lawyers had adviced me not to get medicals done when submitting the i485, because the finger printing/interview process takes around 9-12 months to complete, and medicals are valid only for 2 years. So the later you do them the better. Please do due dilligence, as my case is nearly 2 years old now (though is i have not heard things have changed, lawyers will have latest info)Quote:
Originally Posted by Zenzone
now that is October, i believe the spill over is official. Is there any chance to "un-spill" the visas using stimulus bill/heroes act. Normally laws dont change what has happened, but wanted to know your thoughts. There is at least no precedent for "unspilling" that i know of.
It totally depends on your attoeney. My PD is Feb 2011, my attoney mentioned it is needed. So i m getting it done. There are passport health places where you can do medicals, they have mutliple offices in cities try them if you have not.Quote:
Originally Posted by Zenzone
Thanks idliman, rabp77, jimmys, montyp80 for your inputs. Appreciate it.Quote:
Originally Posted by gcpursuit
I was asking this for my friend and his lawyer is being conservative and advised no travel till AP is approved. Will relay this information to him. Thanks again.
GDPursuit - Do direct your friend to our forum as well. He/She can get answers to future questions and this forum as we all know is a treasure trove of info along with seasoned experts :)Quote:
Originally Posted by gcpursuit
Question
My spouse PD is eb3 oct 2010. Would it be advisable to file AP and EAD with i485 or we can file AP and EAD later( per company we will have to pay for AP and EAD). We are not planning to travel to India till covaid clears out. My spouse also thinks that our PD might be current in 6 -9 months.
Any thoughts?
I have H1B so I do not not need EAD at present.
Other question
My Company is also asking me to downgrade and apply in eb3- AOS( Note- I am also doing AOS with my spouse). Is it advisable for me to downgrade and apply AOS too( my PD is dec 2014) or should I hold off?
Can any one person have two AOS from two different companies ?