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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 07-21-2007, 05:06 PM
Senior Member
Priority Date
:
May-07
Category
:
EB3
I140 Mailed Date
:
08/16/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/16/2007
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Join Date: Jul 2007
Posts: 314
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Default Don't know what to do...

My situation:
On 6th yr of H1B expiring 12/10/07, have valid visa stamp in passport. PERM labor (atlanta ugh) filed 5/28/07 and pending.

Before July VB fiasco, plan of action was I'd have to 'recapture' time spent abroad on vacations etc (2 months already, adding 2 months this summer..1 month brazil where i am now, 1 month india, adding 2 months april/may 08 by going to canada) to extend my visa somehow till end of may 08 at which point i'd have my PD/labor pending 365 days. sounds very complicated and not sure how this would work.

I have employer who is very very painfully slow in getting docs to me and I am on unpaid 2 months april/may 08 break...even though it's thanks to their delays i'm in this situation to begin with...i could've been well along in process had things been done on time).

the timing for everything seems very 'undoable' to me

I am in brazil at moment and my return to US is arriving 30 July, taking flight to India on 31st July, returning US 31 aug.

and now i'm all confused and thrown off due to the current immigration happenings.

According to my lawyer (and I know not everyone agrees and i don't know what to believe) is that if my approval for PERM (miraculously) comes through even bet 1 and 16 aug, i can still file i-140/485. I think i trust him as a lawyer, but still....hard to talk to him as he's very ver busy esp now and i'm in brazil

Questions
1) i've thought of changing my tkt to india from 31 july to 17 aug and leave then....will cost some $ to change. do you think that is wise?

2) do you think i have a chance, and even if approval comes bet 1 and 16 aug, i can still file?

3) Does insurance cover medical needed? I think one of those docs is on my list of primary docs (i saw him once when sick, changed as i didn't like him much)? Should I start that now. I have no good records of MMR though i think i got them, should i get a tider test. Is that insurance covered?

4) Do i have a chance to extend my visa? Say i can't do i 485. My PERM gets ok by end of Sep (4 mths...should be enough huh), IF premium is avail and I get all that done by mid Oct and get approval on i-140 by end of Oct. Leaves nov...is that enough time to get extensin on H1b. am assuming PD will not be current then, so I should get a 3 yr extension. Would i be able to get some docs to show to my dumb employer that I am allowed to work...they are very unhelpful and may stop me working if i can't show something.

I'm so so so so so stressed now....

PLEASE HELP (not yelling....simply stating need a lot of help)

sorry
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  #2  
Old 07-21-2007, 10:31 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
01/01/1900
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Sep 2006
Posts: 482
CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold CADude is a splendid one to behold
Default

if your labor come then file ASAP before August 17th. If you miss this then do PP for 140 and get 140 approval before filing H1B extension. Don't worry you will be OK.



Quote:
Originally Posted by ps57002
My situation:
On 6th yr of H1B expiring 12/10/07, have valid visa stamp in passport. PERM labor (atlanta ugh) filed 5/28/07 and pending.

Before July VB fiasco, plan of action was I'd have to 'recapture' time spent abroad on vacations etc (2 months already, adding 2 months this summer..1 month brazil where i am now, 1 month india, adding 2 months april/may 08 by going to canada) to extend my visa somehow till end of may 08 at which point i'd have my PD/labor pending 365 days. sounds very complicated and not sure how this would work.

I have employer who is very very painfully slow in getting docs to me and I am on unpaid 2 months april/may 08 break...even though it's thanks to their delays i'm in this situation to begin with...i could've been well along in process had things been done on time).

the timing for everything seems very 'undoable' to me

I am in brazil at moment and my return to US is arriving 30 July, taking flight to India on 31st July, returning US 31 aug.

and now i'm all confused and thrown off due to the current immigration happenings.

According to my lawyer (and I know not everyone agrees and i don't know what to believe) is that if my approval for PERM (miraculously) comes through even bet 1 and 16 aug, i can still file i-140/485. I think i trust him as a lawyer, but still....hard to talk to him as he's very ver busy esp now and i'm in brazil

Questions
1) i've thought of changing my tkt to india from 31 july to 17 aug and leave then....will cost some $ to change. do you think that is wise?

2) do you think i have a chance, and even if approval comes bet 1 and 16 aug, i can still file?

3) Does insurance cover medical needed? I think one of those docs is on my list of primary docs (i saw him once when sick, changed as i didn't like him much)? Should I start that now. I have no good records of MMR though i think i got them, should i get a tider test. Is that insurance covered?

4) Do i have a chance to extend my visa? Say i can't do i 485. My PERM gets ok by end of Sep (4 mths...should be enough huh), IF premium is avail and I get all that done by mid Oct and get approval on i-140 by end of Oct. Leaves nov...is that enough time to get extensin on H1b. am assuming PD will not be current then, so I should get a 3 yr extension. Would i be able to get some docs to show to my dumb employer that I am allowed to work...they are very unhelpful and may stop me working if i can't show something.

I'm so so so so so stressed now....

PLEASE HELP (not yelling....simply stating need a lot of help)

sorry
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  #3  
Old 07-21-2007, 10:58 PM
Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 35
sparky123 is on a distinguished road
Default Don't worry

Am in the same boat too (stuck in atlanta), though my situation is a little better since I have time left on my H1.

Anyways, there is always a way out. Do don't worry. As CADude suggested, you can get a PP for 140 as soon as your labor comes through, even if you happen to miss the aug 17 deadline.

In the mean time, please prepare all the documents required for 140 and 485. Birth certificate and medicals are the time consuming ones. Get the BC/affidavits ready and also schedule an appointment for medicals at the max by aug 13 (monday). Insurance normally does not cover this. And medicals are valid for only one year. But, hey...it is worth shelling out a few bucks for the sake of peace of mind. You wouldn't want a situation where the labor comes in by Aug 15 and you are not ready with medicals.

If I were you, I would wait till Aug 16 and then go to India. Changing ticket may cost you a bit, but it is worth it.

Atlanta had one approval for a 05/14 yesterday and the approvals are not essentially FIFO. So don't lose hope .

All the best.
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  #4  
Old 07-22-2007, 12:58 AM
Senior Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
09/30/2004
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
09/30/2004
Compare
Join Date: Jul 2006
Posts: 232
gondalguru is a jewel in the rough gondalguru is a jewel in the rough gondalguru is a jewel in the rough gondalguru is a jewel in the rough
Default

From your questions it looks like you have done extensive reading and research regarding H1b, I-140, I485 etc.

You probably have most of answers yourself.

Tricky part here is getting PERM approval.

My suggestions: get all the initial evidences/paperwork ready for I-140/485and hope to get perm approval by aug 15th. If you have everything ready then it will take no time to file.

Other issue here is the eligibility to file if you have perm approval from august 1-16.

Money is important and it is expensive to change the tickets/getting medical - vaccinations done. You have to make choice. If you see strong chance of getting perm approval then its a risk worth taking.

good luck.


Quote:
Originally Posted by ps57002
My situation:
On 6th yr of H1B expiring 12/10/07, have valid visa stamp in passport. PERM labor (atlanta ugh) filed 5/28/07 and pending.

Before July VB fiasco, plan of action was I'd have to 'recapture' time spent abroad on vacations etc (2 months already, adding 2 months this summer..1 month brazil where i am now, 1 month india, adding 2 months april/may 08 by going to canada) to extend my visa somehow till end of may 08 at which point i'd have my PD/labor pending 365 days. sounds very complicated and not sure how this would work.

I have employer who is very very painfully slow in getting docs to me and I am on unpaid 2 months april/may 08 break...even though it's thanks to their delays i'm in this situation to begin with...i could've been well along in process had things been done on time).

the timing for everything seems very 'undoable' to me

I am in brazil at moment and my return to US is arriving 30 July, taking flight to India on 31st July, returning US 31 aug.

and now i'm all confused and thrown off due to the current immigration happenings.

According to my lawyer (and I know not everyone agrees and i don't know what to believe) is that if my approval for PERM (miraculously) comes through even bet 1 and 16 aug, i can still file i-140/485. I think i trust him as a lawyer, but still....hard to talk to him as he's very ver busy esp now and i'm in brazil

Questions
1) i've thought of changing my tkt to india from 31 july to 17 aug and leave then....will cost some $ to change. do you think that is wise?

2) do you think i have a chance, and even if approval comes bet 1 and 16 aug, i can still file?

3) Does insurance cover medical needed? I think one of those docs is on my list of primary docs (i saw him once when sick, changed as i didn't like him much)? Should I start that now. I have no good records of MMR though i think i got them, should i get a tider test. Is that insurance covered?

4) Do i have a chance to extend my visa? Say i can't do i 485. My PERM gets ok by end of Sep (4 mths...should be enough huh), IF premium is avail and I get all that done by mid Oct and get approval on i-140 by end of Oct. Leaves nov...is that enough time to get extensin on H1b. am assuming PD will not be current then, so I should get a 3 yr extension. Would i be able to get some docs to show to my dumb employer that I am allowed to work...they are very unhelpful and may stop me working if i can't show something.

I'm so so so so so stressed now....

PLEASE HELP (not yelling....simply stating need a lot of help)

sorry
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  #5  
Old 07-22-2007, 09:19 AM
Senior Member
Priority Date
:
May-07
Category
:
EB3
I140 Mailed Date
:
08/16/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/16/2007
Compare
Join Date: Jul 2007
Posts: 314
ps57002 has much to be proud of ps57002 has much to be proud of ps57002 has much to be proud of ps57002 has much to be proud of ps57002 has much to be proud of ps57002 has much to be proud of ps57002 has much to be proud of ps57002 has much to be proud of ps57002 has much to be proud of ps57002 has much to be proud of
Default

Thank you all for your responses..

CADude
I just hope premium is still an option...considering how many people are filing their 1-140 now, i wonder if they will make it avail again anytime soon

Sparky123
Yes i saw that approval too. I pray every single day for a miracle right now. I am absolutely depressed at my workplace and don't think i can hang on any longer..i've considered moving back. i so need the AC 21 as even if i have to work 1 more yr at current place, i will see light at end of tunnel. financially, yes it is worth it to risk and spend on change tkts, medical etc. i have already lost money on pay at workplace this year (as i needed to get away and took unpaid time off), and next yr i loose on my 2 months off...so financially am screwed but whatever i need to do..time to get help from parents lol. Let's keep praying that more approvals come through from atlanta.

Gondalguru
You made me laugh when you say i look like i know a lot about the h1b/i140/485. The past week or so, all I do is spend my day 'reading' to relieve my anxiety due to everything. so i have a lot of 'stuff' in my head but since there is so much, it's confusing me/overwhelming me...lol you don't want to be in my head right now...too much confusion going on there...lol...sorry that just made me laugh (in a good way).

another question
If say miraculously i get to apply my i-140/485 before aug 17....can i travel say aug 18??? do i have to wait for that so called i-485 receipt???? since i have a valid h1b visa (12/10/07) in my passport????
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  #6  
Old 07-22-2007, 10:58 AM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 178
tinamatthew is an unknown quantity at this point
Default

Quote:
Originally Posted by ps57002
Thank you all for your responses..

CADude
I just hope premium is still an option...considering how many people are filing their 1-140 now, i wonder if they will make it avail again anytime soon

Sparky123
Yes i saw that approval too. I pray every single day for a miracle right now. I am absolutely depressed at my workplace and don't think i can hang on any longer..i've considered moving back. i so need the AC 21 as even if i have to work 1 more yr at current place, i will see light at end of tunnel. financially, yes it is worth it to risk and spend on change tkts, medical etc. i have already lost money on pay at workplace this year (as i needed to get away and took unpaid time off), and next yr i loose on my 2 months off...so financially am screwed but whatever i need to do..time to get help from parents lol. Let's keep praying that more approvals come through from atlanta.

Gondalguru
You made me laugh when you say i look like i know a lot about the h1b/i140/485. The past week or so, all I do is spend my day 'reading' to relieve my anxiety due to everything. so i have a lot of 'stuff' in my head but since there is so much, it's confusing me/overwhelming me...lol you don't want to be in my head right now...too much confusion going on there...lol...sorry that just made me laugh (in a good way).

another question
If say miraculously i get to apply my i-140/485 before aug 17....can i travel say aug 18???
It wouldn't be wise. However, USCIS says to be present in the US as of the time of filing. Speak to your lawyer. I really hope you get to file b4 Aug 17th. There is nothing like being stuck in a job you don'tlike. Thank God for AC21
do i have to wait for that so called i-485 receipt????
A lot of lawyers say wait for that receipt
since i have a valid h1b visa (12/10/07) in my passport???? You can travel with a valid L1/H1 visa.
Hope this helps
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  #7  
Old 07-22-2007, 11:38 AM
Super Moderator
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: May 2006
Posts: 1,535
paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute
Default see siskind's blog

http://blogs.ilw.com/gregsiskind/

he has put up a series of 5 FAQ's which answer some of your questions directly.
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