General Immigration Discussion

[Monica12]

Hi qriousjunta,

Thanks for your response, I have been to CANADA before and used AVR, My only concern was since i am getting current on November 1 and my application will most probably be submitted sometime during first week of Nov then does it really matters if i go to CANADA in the following week

Since the things are so close so I thought getting tips from you all. I guess it should not matter but not sure if people who have submitted 485 in 2007 or recently had a similar situation and might have traveled out of USA, They might be able to provide some insight on this.

You have to be in US when you submit your I-485. After that you can travel...this is my understanding. Some people recommend waiting for the receipt of I-485, just in case they ask at POE. In my many travels outside US so far , no one has ever asked for it, so I don't think it matters. Again please confirm this before you travel.... but this is my understanding.

[RRRRRR]

You have to be in US when you submit your I-485. After that you can travel...this is my understanding. Some people recommend waiting for the receipt of I-485, just in case they ask at POE. In my many travels outside US so far , no one has ever asked for it, so I don't think it matters. Again please confirm this before you travel.... but this is my understanding.

Thanks Monica for the details and it makes sense to me, appreciate it.

[Monica12]

Thanks Monica for the details and it makes sense to me, appreciate it.

Actually, I remember now why they say it's safer to wait for the receipt.... because just in case USCIS claims not to have received the I-485 for whatever reasons...one can get into trouble. That's all ! If you have it in your hand,it's proof that you were in US when you filed the I-485.
So, I think it's going to be your call and decide accordingly.

[FNAANURAG]

Hi,

Thanks to everyone for this valuable discussions, and congrats to everyone who are going to be current in Nov. My PD is 30-Jul-2007, so I will be current in Nov. I have already filed my I-485 in July 2007. So my question is , does anyone has any idea how much time it takes to get the GC once the PD is current, as I am planning to go to india in end of Nov, and will have to get the visa stamped(no AP)

[Spectator]

Spec

While I checked out that song of yours, I found this one. You may like it. http://www.youtube.com/watch?v=V1bFr...feature=fvwrel

Q,

I did enjoy it. Interesting video.

Some songs are - well just cheery.

[veni001]

Hi qriousjunta,

Thanks for your response, I have been to CANADA before and used AVR, My only concern was since i am getting current on November 1 and my application will most probably be submitted sometime during first week of Nov then does it really matters if i go to CANADA in the following week

Since the things are so close so I thought getting tips from you all. I guess it should not matter but not sure if people who have submitted 485 in 2007 or recently had a similar situation and might have traveled out of USA, They might be able to provide some insight on this.

You have to be in US when you submit your I-485. After that you can travel...this is my understanding. Some people recommend waiting for the receipt of I-485, just in case they ask at POE. In my many travels outside US so far , no one has ever asked for it, so I don't think it matters. Again please confirm this before you travel.... but this is my understanding.

Actually, I remember now why they say it's safer to wait for the receipt.... because just in case USCIS claims not to have received the I-485 for whatever reasons...one can get into trouble. That's all ! If you have it in your hand,it's proof that you were in US when you filed the I-485. So, I think it's going to be your call and decide accordingly.

You must physically be present in US when your AOS application reaches USCIS, you can travel on valid H/L status after that. The requirement for receipt at POE for those travelling on valid H/L status was removed in 2007.
Please check Federal Register Volume 72 Number 211 for additional information.

[TheTexan]

Q and other gurus,

I know you've been asked this question a number of times. But my pd is July 2008 and although I know there is slim chance of it becoming current until next year, I wanted to know your thoughts. It is getting difficult with each passing day at work and I have another offer in hand. I am not sure whether to take the risk or hang on a bit longer.

Thnx

[RRRRRR]

You must physically be present in US when your AOS application reaches USCIS, you can travel on valid H/L status after that. The requirement for receipt at POE for those travelling on valid H/L status was removed in 2007.
Please check Federal Register Volume 72 Number 211 for additional information.

Hi Veni,

Thank you, great stuff, this is an excellent supporting Document but i guess it is still better to make sure applications reaches while i am in US or i submit it once i come back. Just out of Curiosity in which scenario they could have asked for receipt at the POE since I have a valid visa and a valid I94 and will be using AVR to re-enter.

Thanks once again

[qesehmk]

Tex

Your is even longer shot for approval in 2012. But filing 485 may happen this year.

Just my personal opinion - I will take the other offer in your case if my current job may be at risk sometime in near future.

Q and other gurus,

I know you've been asked this question a number of times. But my pd is July 2008 and although I know there is slim chance of it becoming current until next year, I wanted to know your thoughts. It is getting difficult with each passing day at work and I have another offer in hand. I am not sure whether to take the risk or hang on a bit longer.

Thnx

[TheTexan]

It is not at risk but I want a change. I am not expecting to be greened by next year but want to be able to file 485 (for EAD) My dilemma is should I move before 485 or should I wait?


Thnx again

[qesehmk]

6 months after 485 filing you can switch andretain the same application.

Anytime before that means you have to restart GC process. That's your decision factor.

It is not at risk but I want a change. I am not expecting to be greened by next year but want to be able to file 485 (for EAD) My dilemma is should I move before 485 or should I wait?


Thnx again

[Monica12]

Hi Veni,

Thank you, great stuff, this is an excellent supporting Document but i guess it is still better to make sure applications reaches while i am in US or i submit it once i come back. Just out of Curiosity in which scenario they could have asked for receipt at the POE since I have a valid visa and a valid I94 and will be using AVR to re-enter.

Thanks once again

According to the document Veni posted, if one has a valid visa (H1,H4,L1,L2), then the receipt is not needed and just the visa is enough to enter POE. If one had an AP, then a receipt might be asked for.... but I have always travelled on AP and have never been asked for the I-485 receipt.

But like I said, just in case USCIS claims that they didn't receive your 1-485 for whatever reasons...and you dont have the receipt as proof, one is in serious trouble as that would mean that one was not physically present in US when they filed the I-485 . The receipt basically covers all bases. It's proof that you did file i-485 while being physically present in US

[RRRRRR]

According to the document Veni posted, if one has a valid visa (H1,H4,L1,L2), then the receipt is not needed and just the visa is enough to enter POE. If one had an AP, then a receipt might be asked for.... but I have always travelled on AP and have never been asked for the I-485 receipt.

But like I said, just in case USCIS claims that they didn't receive your 1-485 for whatever reasons...and you dont have the receipt as proof, one is in serious trouble as that would mean that one was not physically present in US when they filed the I-485 . The receipt basically covers all bases. It's proof that you did file i-485 while being physically present in US

Hi Monica,

Makes sense, thanks for the detailed insight and for your time.

[UkayDkay]

As long as you have EAD or H1 you can join anytime. Or you can join after obtaining GC.

Thanks Q. I am on another company's H1 at present, not on/with GC sponsoring company's. Given that I should wait for EAD at minimum. Am I correct in my understanding?

[qesehmk]

U can always transfer H1 to a new company. Or even have hiring company sponsor a new H1. In this economy there probably is some H1 quota left. (oh wait the quota just started so there must be plenty left!)

Thanks Q. I am on another company's H1 at present, not on/with GC sponsoring company's. Given that I should wait for EAD at minimum. Am I correct in my understanding?

[Spectator]

The original NFAP document upon which the 70 year wait time news articles were based, can be found here

N F A P P O L I C Y B R I E F » O C T O B E R 2 0 1 1

WA I T I N G A N D M O R E WA I T I N G : AM E R I C A ’ S F AM I L Y A N D E M P L O Y M E N T - B A S E D I M M I G R A T I O N S Y S T E M

B Y S T U A R T A N D E R S O N

[xeroxem]

Can you tell me if you renew your AP through efile or by mail? Did USCIS charge your AP renewal fees?

Thanks!!!

wow i cant believe myself.. MY pd is July 11th 2007. I think i found a logic behind this.. hopefully cuz recently i applied for AP renewal and also applied for my wife on oct1st one of these two triggered them to open my application and being current just approved my 485.

[UkayDkay]

U can always transfer H1 to a new company. Or even have hiring company sponsor a new H1. In this economy there probably is some H1 quota left. (oh wait the quota just started so there must be plenty left!)

Got it. Thank you very much Q.

[imdeng]

Just wanted to mention that after I sent the printed petition letters to Congress/Senate/POTUS, I received a reply from my local congressman. The reply of course was all about illegal immigration and completely boilerplate. So I just sent a hand written reply focusing on a single issue - the 7% per country limit.

I would urge you all to send a hand-written letter to your local congressman and senator (their office addresses can be easily googled) and ask them to give serious consideration to the following issues of importance to the legal immigration community:

1. Remove 7% Per Country Limit. The country needs the best and the brightest talent from all around the world - the limit only hurts USA's ability to get the best people from large countries like India and China.
2. Stop Counting Dependents in Annual Limits. USA allows 140K employment based green cards every year. However, since dependents are also counted in the limit, we end up with only about 40K productive workers getting Green Card every year, assuming 1-2 dependents for every primary applicant.
3. Allow Applicants to File I-485 Concurrently with I-140. Considering the long delays in getting an employment based green card, if the USCIS allows applicants from retrogressed countries to file I-485 concurrently with I-140, then the applicants will have the ability to change jobs and travel internationally with greater ease and certainty.

Folks - consider how much time you spend here and on IV. Please take 15 mins of this time and write an actual letter. It might fall on deaf years and have no impact whatsoever - but we should at least try to have our voice heard.

[mygctracker]

I have the same request. Please provide pointer...

Nishant, i am really feeling bad for you, you just missed it by a whisker. I hope you become current in the next VB.

I have a request for Q and other friends who recently went through filing 485 - can you please post the procedure for filing 485? I apologize if it has been been discussed already. In that case, may i request to point me to the relevant thread.
My lawyer is on vacation till 20th October and i don't want to wait till he comes back. Congratulations again to everyone who have become current during this VB.

[Nishant_imt]

Gurus,

I have a very redundant question - you can consider it stupid, but please help. I have a I-140 cleared through an american consulting company. But right now, i will soon go out of contract and if i don't find another job through them, I can request them to continue my greencard. But the question is,
1. can i transfer my H1B to another company who is ready to hire me but not ready to process greencard?
2. My H1 expires in May 2012 and i have completed 7 years in US. This time any H1B extension will depend on I-140 approval. Is it even possible for company B to file for transfer (for validity of 3 years) based on I-140 through company A?
3. Would i need the original I-140 from company A for transfer of visa, i currently have a pdf version with me?

[Pedro Gonzales]

It is not at risk but I want a change. I am not expecting to be greened by next year but want to be able to file 485 (for EAD) My dilemma is should I move before 485 or should I wait?
Thnx again

Texan,
I was in a similar boat, so maybe my decision process may help you. I had interest from a prospective employer offering me my 'dream job' 3 months ago (July/August) and with a PD of April 25 2008, I was uncertain as to whether to take the plunge now or wait it out. I decided to accept the offer contingent on their applying for my GC immediately. My rationale was as follows:
a) No one knows how long it will really take to get the GC/EAD. At the earliest, I was looking at being able to apply for my I485 in late 2011 which would mean i could make a move in summer of 2012. While there aren't many people around with my exact skillset, I couldn't be sure that the offer would remain until next summer.
b) With a move, if the new employer starts the GC process right away, I could port my PD and April 2008 would likely be current by the time my Labor clearance is received (~8 months from August = April 2012), so i would be able to concurrently file for my I140/I485 so in reality, i wouldn't be more than 4 or 5 months later than my best case scenario if i'd stayed on with my current employer.
c) the only risk with a move would be if the dates were to move forward and then retrogress (like in July 2007) while I was still in the labor process, i would have missed a window to get my EAD. General consensus is that that is highly unlikely to happen. We are more likely to see small sustainable moves forward with smaller term retrogression.

Ultimately your call. I am in general, more risk tolerant and less likely to pass up an opportunity to better my position than most. You need to introspect and figure out where you are on the risk spectrum. As it turned out, I ended up not getting/taking the job because the company wouldn't be able to apply for my GC right away, and there was no way to be certain of when they could. We've agreed to get back in touch next summer and see where things stand.

[Reader]

My priority date is 12th Dec 2007. I am thinking of going for medicals and get the vaccinations completed now with the hope that my date will become current in the next month or at least in the next 3 months. Do you guys think it is good idea or should I just stay put until I see my dates being current? Any thoughts please?

[cbpds1]

I like ur positive approach and perspective !!

Texan,
I was in a similar boat, so maybe my decision process may help you. I had interest from a prospective employer offering me my 'dream job' 3 months ago (July/August) and with a PD of April 25 2008, I was uncertain as to whether to take the plunge now or wait it out. I decided to accept the offer contingent on their applying for my GC immediately. My rationale was as follows:
a) No one knows how long it will really take to get the GC/EAD. At the earliest, I was looking at being able to apply for my I485 in late 2011 which would mean i could make a move in summer of 2012. While there aren't many people around with my exact skillset, I couldn't be sure that the offer would remain until next summer.
b) With a move, if the new employer starts the GC process right away, I could port my PD and April 2008 would likely be current by the time my Labor clearance is received (~8 months from August = April 2012), so i would be able to concurrently file for my I140/I485 so in reality, i wouldn't be more than 4 or 5 months later than my best case scenario if i'd stayed on with my current employer.
c) the only risk with a move would be if the dates were to move forward and then retrogress (like in July 2007) while I was still in the labor process, i would have missed a window to get my EAD. General consensus is that that is highly unlikely to happen. We are more likely to see small sustainable moves forward with smaller term retrogression.

Ultimately your call. I am in general, more risk tolerant and less likely to pass up an opportunity to better my position than most. You need to introspect and figure out where you are on the risk spectrum. As it turned out, I ended up not getting/taking the job because the company wouldn't be able to apply for my GC right away, and there was no way to be certain of when they could. We've agreed to get back in touch next summer and see where things stand.

[superdesi2100]

My priority date is 12th Dec 2007. I am thinking of going for medicals and get the vaccinations completed now with the hope that my date will become current in the next month or at least in the next 3 months. Do you guys think it is good idea or should I just stay put until I see my dates being current? Any thoughts please?

When I filed my I-485 in August 2007, I did not have time to get medicals done. I filed it without medicals. I got an RFE in May 2009 for medicals, 3 days before I was scheduled to leave for India on a 5 week vacation. RFE has a deadline of 30 days to reply. I had to run around and find a civil surgeon who did this for me and my wife in 2 days. I would recommend not to jump the gun and wait for your date to become current. Once you become current, you will have minimum of 3 weeks to get the medicals done. That should be sufficient time.