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Greg Siskind on Immigration Law and Policy

FAQs (part 3)

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Again, please let me know if you have suggestions for changes or spot problems.

Once all the numbers
are used up, will I be able to get employment authorization document advance
parole document?>>

Yes. Once you have
filed an adjustment of status petition, even if numbers retrogress and visa
numbers are no longer available you'll still be able to receive the benefits of
an adjustment application including pursuing a work authorization document in a
travel document.

What labor certification is improved after July 31? Why still be a profile for just status before
August 17th?>


unable to apply for our adjust status before August 17, when is it likely that
I will be able to file again?>>

It's very difficult to say because we do not know how many
applications are going to be received. We also don't know what future demand for green cards will be. And we do not know whether future legislative
changes will ease the situation. We
think it is very likely, however, that lines for green cards in the second
and third preference categories will be backlogged for a considerable time.>

What if I'm not able
to get my medical exam processed?>>

A recent USCIS memorandum stated that medical exams must be
included with an adjustment of status application. So you should do everything you can to get an
appointment. There are some who believe that USCIS issued this memorandum and
order to reduce the number of applications that would be received under the
July Visa Bulletin. However, there are
no indications that USCIS policy will change.>

I filed my adjustment of status application several months
ago and am waiting for approval. Will
this turn of events affect when I should receive my green card approval?

That is a difficult question to answer because USCIS is not
released information about the cases and was able to successfully complete for
processing. What is likely however is that you will be ahead of all of the
people that are filing under the July Visa bulletin new numbers become
available in October you should be in a better position.


My spouse is
currently out of the US working abroad. If I apply for adjustment of status under the
July Visa Bulletin, and I later bring my spouse and to join me one visa numbers
or unavailable?>>

Unfortunately, your spouse could be waiting a very long time outside the country if you do not apply to adjust status for your spouse while visa numbers are current. During previous periods when visa numbers retrogressed, spouses outside the US found themselves stuck unable to join their husbands and wives in the United States.

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  1. Xavier's Avatar
    i was wondering if we could have info on those non AOS petitioner. My Ds 230 is being currently reviewed no by the NVC. what are the chances that it would besent to our consulate after the announcement of the august PD is sept 2004

  2. Jun's Avatar
    Regarding spouse/children residing abroad, if they have with them non-immigrant visas, I filed I-140/485 here in the US and their names are in the I-140, does it mean that they have immigrant intent and they maybe denied entry at the port?
  3. Arun's Avatar
    Greg - Just curious about the labor certification approved after Jul 31st scerario. I am assuming that such cases cannot file ?
  4. guyfromsg's Avatar
    Question regarding travel. I know have to be in the country to file I-485. Can I travel outside the country before getting the receipt. It's going to take months to get receipt, what if there is an emergency to travel. Will this be considered abandoning the application?

  5. sharmana's Avatar
    Question for FAQ: What will happen to application which received USCIS office on 3rd July or simple words after July 2nd and before July 17th.

    In my understanding USCIS will process those applications for July. Is this correct?

    Greg I would appreciate if you could include this question as part of FAQ
  6. GC on the way's Avatar

    Thanks for the info.

    Here is my Question.

    I am a nurse and I filed my I-140 on april 2007 (NSC receipt Notice). I sent my AOS application on July 5th and according to USPS it was at NSC premise on 6th July, I have not got any receipt(accept or reject so far).

    So the question is what will happen to my application and what are the chances of getting green card (if any) and what are the chances of getting EAD, AP (if so how long will it take)

    Again, I thank you for your hard work with latest information and your new approach of FAQ section on this blog to answer our concern. Also congratulation for you and ILW for hittl quater millions hits yesterday.

    Thank you.
  7. kanchi's Avatar
    Hi Greg -Good morning.Thanks for your time for the FAQ.Greg,when the negotiations happened, processing times would have to have been discussed after they decide to accept the applications.Because everyone knows the volume and if USCIS takes months/years for the receipts/EAD/approvals, then it is not longer useful.Has such a discussion happened or is it now in USCIS court.
  8. Jon's Avatar
    With the floodgate opened yesterday, how will the State Department grant the visa number or prioritize the I-485 applications? Is it by Priority Date? Or is it by Filing Date?

    Thanks for your help.
  9. paskal's Avatar
    please note the senate amendments to the defense authorization bill:

    DREAM: Durbin
    SKIL: Cornyn
    and Durbin-Grassley fraud prevention

    This is not a time to sit on our laurels.
    savor the victory by all means,but let's not lose sight of the real goal. numbers usa has been onto this for days and is already spreading misinformation.
  10. Henry's Avatar
    Hi Greg,

    Thanks for the great work? A question (probably a general one): can I140 and I485 be filed concurrently in August (before August 17)? this may apply to cases not requiring a labor certification (such as Schedule A cases and national interest waivers) and those with LC approved in August.

    Many thanks.
  11. RolrBlade's Avatar
    Hello Greg:

    I do have a comment / clarification that I would like you to elaborate on. You mentioned in you FAQ#3 the following statement:

    "We think it is very unlikely, however, that lines for green cards in the second and third preference categories will be backlogged for a considerable time."

    Are you suggesting that Greencards for Eb2 and EB3 will move faster, or is the word "unlikely" simply a typo and should read as "likely"

    Are you indirectly referring to something in Congress?

    I would appreciate an answer before "your swim and dinner routine" You can always email me at (Alias - I can always provide my real email addresses)

  12. osc's Avatar

    could you please clarify this:

    in FAQs (part 1), you say:
    "Some applicants in July will get to use the unused visa numbers still available for this year, but many more applications are expected to be received than visa numbers are available. That means the waiting times could run in to the years for many people filing adjustment applications this month."

    In the most recent FAQs (part 3), you stated:
    "We think it is very unlikely, however, that lines for green cards in the second and third preference categories will be backlogged for a considerable time."

    Do you think EB2 and EB3 categories will or will not be backlogged considerably in the future?

    If they are not backlogged in the future, is it still possible that some of us will have to wait years? Would you please elaborate on this?

    Thank you so very much for being available to us!

  13. Legal and waiting's Avatar
    Jun, if the spouse and children have H/L visas, they will not be denied entry since these are dual-intent visas. All others may be denied.

    Greg, what timing do you recommend for those who want to apply for H1 transfer/extention? I have I-485 in EB2/Other countries pending, and my date has been current before... I was thinking to apply in August-September so that I can get a 3-year extention. My second EAD is currently pending, and I am worried about how long it will take to get it given all of the things that are going on (I am currently working on EAD, but my 6 years are not up yet).
  14. Legal and waiting's Avatar
    osc, you can figure the math yourself - 65K annual restriction on H1s, 140K EB visas (includes dependents and people in other statuses). Only half of H1 end up getting a green card. With this restriction on H1s, demand for EB visas is not growing, that means that wait times should decline soon.
  15. WhatAMess's Avatar
    Greg: Could you please address this on your FAQ? Thanks.

    "If the issuance of receipts by USCIS takes a few weeks, what will be the legal filing date: the date it was delivered to USCIS or the date on the receipt? This might be important for aging out children, like my daughter who turns 21 in August."
  16. Pending LC's Avatar

    "osc, you can figure the math yourself - 65K annual restriction on H1s, 140K EB visas (includes dependents and people in other statuses). Only half of H1 end up getting a green card. With this restriction on H1s, demand for EB visas is not growing, that means that wait times should decline soon."

    Unless you are from India. I have seen figures that 25% to 50% of H1b's are from India. Using your math and taking the lower figure would give 65,000 @25%=16,250 if as you say half of them stay that would be 8,000. If they grab the entire India EB3 of 2800 that is an increased backlog of 3 years every twelve months.

  17. Jake's Avatar
    I was told by one of my friends that for NIW concurrent filing of 140 and 485, everything needs to be filed before July 30th. Could you please confirm this and explain why, in your future FAQs? I greatly appreciate your time.
  18. Akhil's Avatar
    Everybody will get EAD number thats a great relief but questions is how long one will have to wait now to get Green Card?
  19. shsk's Avatar
    Is it possible to get an Interim EAD after 90 days of filing EAD?
  20. paskal's Avatar
    the logic may be that the aug 17 extn is for july filers
    if your PD- based on NIW is august then you are NOT a july filer
    so numbers are U
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