EB2-3 Predictions (Rather Calculations) 2015-2020

[iatiam]

Does any one have more info on USCIS Spring agenda. I am read somewhere about some interesting ones,

1. H4EAD removal
2. Wage restrictions and specialized occupation restriction on L-1 applicants

While H4EAD removal would be a disappointment, I for one supports L-1 restrictions. A large number of applicants from India will not qualify under H1B due to wage and speciality occupation but they easily do L-1A and get GC much faster. This is a much needed reform in my opinion.

Of course near-term impact would be minimal but medium-term the EB1C line would be more restrictive.

Iatiam

[Ramsen]

H4-EAD removal rule making is going on past 2 years. So we never know the outcome unless it really comes.
QUOTE=iatiam;63393]Does any one have more info on USCIS Spring agenda. I am read somewhere about some interesting ones,

1. H4EAD removal
2. Wage restrictions and specialized occupation restriction on L-1 applicants

While H4EAD removal would be a disappointment, I for one supports L-1 restrictions. A large number of applicants from India will not qualify under H1B due to wage and speciality occupation but they easily do L-1A and get GC much faster. This is a much needed reform in my opinion.

Of course near-term impact would be minimal but medium-term the EB1C line would be more restrictive.

Iatiam[/QUOTE

[anfu02]

I also noticed that today, not sure how it can retrogress. My AP expired August 30th.

From Trackitt, Someone who filed for AP in Apr 2019 just got their AP approved on Nov 22nd. Not looking good.

[Moveon]

From Trackitt, Someone who filed for AP in Apr 2019 just got their AP approved on Nov 22nd. Not looking good.

Yes Nebraska is having a ~8 month processing time. They are at May 8th now. There is absolutely no accountability at USCIS now, how can an AP renewal take so long when it took less than 2 months 3 years ago

[excalibur123]

Yes Nebraska is having a ~8 month processing time. They are at May 8th now. There is absolutely no accountability at USCIS now, how can an AP renewal take so long when it took less than 2 months 3 years ago

Is it possible to travel and come back if the AP is valid, even though request for renewal is pending?

I have seen conflicting opinions on that - believe it was a murthy article which stated we can.

If it is allowed then if one files renewal 6 months before expiry, they can minimize the blackout period even with such delays. (8 months - 6 = 2 months)

[anfu02]

Yes, you can travel while your AP is pending as long as the current one is still valid.

https://www.murthy.com/2019/03/11/us...ap-is-pending/

[jimmys]

Is it possible to travel and come back if the AP is valid, even though request for renewal is pending?

I have seen conflicting opinions on that - believe it was a murthy article which stated we can.

If it is allowed then if one files renewal 6 months before expiry, they can minimize the blackout period even with such delays. (8 months - 6 = 2 months)

Scenario 1: AP renewal pending and your current AP is valid, you can travel abroad and comeback on current AP before its expiry. You can also enter on a non-immigrant visa if you choose to. Your pending AP renewal is not abandoned.

Scenario 2: AP renewal pending and you travel abroad. Then, if your current AP expires while you're abroad, you may choose to enter on a non-immigrant visa. In this scenario your pending AP renewal is abandoned and you have to reapply again while you're in US.

Scenario 3: AP renewal pending and your current AP expired already. You may choose to travel and come back on a non-immigrant visa. But, your pending AP renewal is most likely abandoned. If abandoned, you have to reapply again while you're in US. March 2019 memo says otherwise, though.

This is what I got when I talked to a lawyer.

[Moveon]

Scenario 1: AP renewal pending and your current AP is valid, you can travel abroad and comeback on current AP before its expiry. You can also enter on a non-immigrant visa if you choose to. Your pending AP renewal is not abandoned.

Scenario 2: AP renewal pending and you travel abroad. Then, if your current AP expires while you're abroad, you may choose to enter on a non-immigrant visa. In this scenario your pending AP renewal is abandoned and you have to reapply again while you're in US.

Scenario 3: AP renewal pending and your current AP expired already. You may choose to travel and come back on a non-immigrant visa. But, your pending AP renewal is most likely abandoned. If abandoned, you have to reapply again while you're in US. March 2019 memo says otherwise, though.

This is what I got when I talked to a lawyer.

There is Confusion because late 2017 the administration secretly passed a directive rendering pending AP applications as void if one travelled outside the US even with a Valid AP (IOWs you cannot travel when AP is pending). This was not notified to all USCIS employees, nor was a bulletin issued . I travelled to India Summer of 2018 but before that I went to the USCIS office and asked the officer if I could travel as I had heard some forums discussing this new draconian law . The lady told me that it was all false and my travel was safe as along I returned before My current AP expired. I visted India for 2 weeks , came back and in about 4 weeks I got a letter that my AP was denied due to travel when AP was in process . They clearly put my dates of travel too. I had to reapply and thankfully the AP came in 2 months . The downside My EAD card is 2 years but AP is 1 year and no combo card. However the USCIS reversed the decision a few months ago .

https://www.uscis.gov/green-card/gre...ergency-travel

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 looks like its safe to travel, but you cannot trust the USCIS as rules these days can change according to the whims and fancies of these officials .

Anyway I applied mine 6 months ago and they are still processing applications from May 9th . My Ap has expired and can't travel.

[Dondraper]

travelling will invalidate the pending AP as per the new administration. A current valid AP is good for travel.

[Moveon]

travelling will invalidate the pending AP as per the new administration. A current valid AP is good for travel.

Hi @Dondraper , Please read my post (the one before yours) . They reversed that rule a few months ago. I have pasted the USCIS link too - https://www.uscis.gov/green-card/gre...ergency-travel

[IamGSN]

Hi, Have a general question. hopefully I will receive my EAD and Parole document in couple of months. Using that, can I travel outside of US and come back, or really it has to be on emergency situation only, do I need to show supporting document explaining emergency situation at port of entry in US?

2nd Question, if I travel on Parole and return to US, will my H1B visa considered cancelled ?

[Moveon]

Hi, Have a general question. hopefully I will receive my EAD and Parole document in couple of months. Using that, can I travel outside of US and come back, or really it has to be on emergency situation only, do I need to show supporting document explaining emergency situation at port of entry in US?

2nd Question, if I travel on Parole and return to US, will my H1B visa considered cancelled ?

Answer to your first Q - With a valid AP you can travel and return to the US. Just make sure the AP is valid for the whole duration of travel. You can travel for any reason . I have done a few in teh past i.e vacation, work etc. No restrictions .

Answer to your second Q : There is no impact on your HIB. But when you return , if your HIB is not stamped on your passport your will be paroled into the US. Not an issue , except that you will need to go to secondary immigration where the wait can be as long as 4 hrs. Its just a wait , to make it as hard on you

[qesehmk]

Hi, Have a general question. hopefully I will receive my EAD and Parole document in couple of months. Using that, can I travel outside of US and come back, or really it has to be on emergency situation only, do I need to show supporting document explaining emergency situation at port of entry in US?

2nd Question, if I travel on Parole and return to US, will my H1B visa considered cancelled ?

It's been very long time I had done this ... almost 10 years... but i believe the situation hasn't changed at all ... so I am answering this.

1) You can use AP for any reason. Doesn't need to be emergency. So travel worry free. No need to explain anything to anybody unless specifically asked.
2) AP by definition maintains whatever your last status was before you left US. So if your prior status was 485 only ...it will continue. If it was dual status H1B and 485 pending then that will continue. Even otherwise ... lets say you have a new H1B approval but do not have a stamp in your passport, it really does not matter. Acquiring H1B only requires intent if you are in the US. In other words ... you simply start using it. I don't think your lawyer even has to declare that to USCIS or DoS.

So relax ... enjoy and come back worry free!

[mcmilers]

Answer to your first Q - With a valid AP you can travel and return to the US. Just make sure the AP is valid for the whole duration of travel. You can travel for any reason . I have done a few in teh past i.e vacation, work etc. No restrictions .

Answer to your second Q : There is no impact on your HIB. But when you return , if your HIB is not stamped on your passport your will be paroled into the US. Not an issue , except that you will need to go to secondary immigration where the wait can be as long as 4 hrs. Its just a wait , to make it as hard on you

I've been using AP for last 7 years to get in the country but never waited more than 20-30 mins in secondary.

[Moveon]

I've been using AP for last 7 years to get in the country but never waited more than 20-30 mins in secondary.

My Last 3 were terrible . last one was 3.5 hrs at SFO. Before was about 3 and 2
Where did you enter ?

[IamGSN]

It's been very long time I had done this ... almost 10 years... but i believe the situation hasn't changed at all ... so I am answering this.

1) You can use AP for any reason. Doesn't need to be emergency. So travel worry free. No need to explain anything to anybody unless specifically asked.
2) AP by definition maintains whatever your last status was before you left US. So if your prior status was 485 only ...it will continue. If it was dual status H1B and 485 pending then that will continue. Even otherwise ... lets say you have a new H1B approval but do not have a stamp in your passport, it really does not matter. Acquiring H1B only requires intent if you are in the US. In other words ... you simply start using it. I don't think your lawyer even has to declare that to USCIS or DoS.

So relax ... enjoy and come back worry free!

Thanks a lot to Q, Moven and others, for detailed explanation. I am going to travel after many years, this gives lots of confidence.

[Moveon]

Thanks a lot to Q, Moven and others, for detailed explanation. I am going to travel after many years, this gives lots of confidence.

Anytime. Just remember that you will not be able to clear immigration at the first counter. They will finger print you and send you to secondary immigration where you will need to provide your AP, passport and drivers license(or any other Govt issued id). Its just the wait in that room that is a killer but they don't ask you any Qs . Your I-94 will be stamped for only one year , but as your are on AP the i-94 is more of a formality and you can stay over that period. I have been using AP for the last 8 years .

[mcmilers]

My Last 3 were terrible . last one was 3.5 hrs at SFO. Before was about 3 and 2
Where did you enter ?

Hi Moveon,
I've used AP at DFW, ORD, and AUH (twice). Have a India trip planned for this month, coming back in Jan, port of entry is DTW, hopefully if wouldn't be that bad (fingers crossed).

[Moveon]

Hi Moveon,
I've used AP at DFW, ORD, and AUH (twice). Have a India trip planned for this month, coming back in Jan, port of entry is DTW, hopefully if wouldn't be that bad (fingers crossed).

I suppose DFW has less immigrants coming in vs SFO . Its just that over that last 2-3 years they have gotten very strict about people with sketchy papers. Its a single Q with no priority for people who have all the paper work . They have just 2 people working the Q and its like a Head of Line blocking issue.
I suppose lot of folks with sketchy papers try to enter via SF hoping that its a more lenient entry point. There are people sitting on the floor and the hallways .

[Umesh1209]

I received an RFE email. My PD is 21-Dec-2009. Any one received RFE recently? I did submit my Supplement J 6 months back

[Moveon]

I received an RFE email. My PD is 21-Dec-2009. Any one received RFE recently? I did submit my Supplement J 6 months back

Hi Umesh, what is the RFE for ? Medicals / Supplement J ?
Did you change jobs ?

[Umesh1209]

I got an email today. I don't know the details. I got a promotion earlier this year and filed a supplement J 6 months back. The RFE is for my 485 case not my supplement J case.

[imdeng]

I have passed through DTW on AP multiple times. Immigrant traffic volume at DTW is lower compared to places like SFO/ORD - and I have not had any trouble at all. Wait times for secondary processing are on the order of 20min to 1hour - but more often on the lower side of the scale.

Hi Moveon,
I've used AP at DFW, ORD, and AUH (twice). Have a India trip planned for this month, coming back in Jan, port of entry is DTW, hopefully if wouldn't be that bad (fingers crossed).

[asankaran]

Hi folks,

I would like to know if anyone in this forum has applied for EAD for minor based on parent's Adjustment of Status. If so could you please share your experiences and any special documents you may need to submit.

Thanks.

[harapatha]

One of my friends has gotten an Approved PERM and is about to file for 140 this month (His EB3 PD is late jun 09). PERM was done based on the assumption that it'd be for EB2

So,

Can he file under multiple visa categories this month - EB2 and EB3+485 based one the same original PERM? (as he can file for 485 along with EB3-I for Dec, based on "filing" date)

although USCIS says its possible, under "If You Want USCIS to Consider Multiple Visa Categories for a Beneficiary" -- https://www.uscis.gov/forms/petition...ker#Requesting

the example they take is for EB1 and EB2NIW - both of which do NOT need PERM

and hence my Q on EB2,EB3 (since they need PERM)

many thanks!