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manwithnoname's Immigration Cases

According to trackitt database about 200 EB2 - India users (including me) with PD ~2004 have their status as pending.

You can retain the earlier PD as long as the corresponding PD was active. Are you sure that employer B's (current employer) attorney requested priority date portability during I-140 / I-485 filing? That's where the answer lies.

How can you use a substituted labor when the corresponding I-140 was revoked? Employer B should have requested USCIS to use Employer A's PD at the time of I-485 filing. Labor subs do not exist anymore.

Correct ... how come they approve cases with Priority Dates of late 2008 and notice dates of as late as 2009?

It depends what your definition of backlog is. If your AOS has been pending for half an eternity yet you aren't current, (retrogressed that is) wily USCIS doesn't count your application as part of the backlog. So you can rot forever and they can still achieve their rosy processing goals.

Correct, but the question is whether the retrogressed applications be processed so that they can be approved once the PD becomes current. FYI - It is typical for retrogressed applications that they become current in a particular month and becomes retrogressed again in a month or two.

You can generate a service request if your notice date has passed one month beyond the processing date as posted in the processing time website.

That depnds on the purpose of your appointment. Sometime an individual's case is transferred from service center to the local office - in that case take appointment at that particular office. Otherwise to query about a case pending at a service center any office will suffice.

AOS and AP both assumes that you are residing in the US and travelling for short duration. But if I want to stay abroad for more than a year, then I would change the AOS application to Consular Processing.

I would not change job with I-140 pending ... but yes as long as the pay is equal or more than that mentioned in the LC, there is less to worry. Remember the curent salary overrides all the previous one.

How did your I-94 (based on your H-1B approval notice or a previous visa stamping) is valid while your H-1B visa is invalid? Please explain.

Travelling on AP is stress free but in my opinion, if you have an option to work on H-1B, you should attempt to stamp it at the consulate. If you have the proper documentation (employer's letter and paystubs), visa stamping should be a breeze. Keep AP and EAD as a back up plan. Yes (as the previous poster already pointed it), you can use the AP to enter even if the visa is denied at the consulate.

Correct.
I don't know.

One option is to switch over to EAD, apply for advanced parole and travel abroad only after it's approval. Yes, you can always get a new H-1B stamped in your home country.

An interview is required if the case documentation is insufficient to adjudicate.

Being the owner of a private company, you cannot sponsor yourself. Other option is to use EB-5 (investor) category.

That's a risky gamble ... if the visa officer finds out that you are going to US for Canadian PR formalities, you may not get the visa.

In that case, yes, you can use the I-140 with the earliest Priority Date to file I-485.

Labor substitution has long gone (July 2007) ... that door is closed.

They will definitely look as far back your priority date goes.

I would not worry about this.

Many pre-2004 filers are not getting the GCs despite PDs being current due to inter-filing. You have to consider how many EB3-Indians are waiting with PDs before 2004. Sooner of later they will port the EB category to EB2 and jump ahead.

Member Profile: manwithnoname (47 posts)