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Greg Siskind on Immigration Law and Policy


Rating: 2 votes, 5.00 average.

I'm working on a frequently asked questions document to flesh out the implications of the changes announced this afternoon. Please post questions in the comments section you would like to see answered and I'll pick out ones I can answer to add to a document I'm working on for clients and for the blog.

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  1. Dilip Balsaraf's Avatar
    If there is a per country quota and if lets say for example 50000 people apply now in the next 30 days, when do you think i will get my green card?
  2. jun's Avatar
    What does this mean for Schedule A Occupation (without LC)? Can they file in August using July Bulletin? What priority date will this appication get?
  3. 's Avatar
    Given that USCIS will be inundated with applications in the next few weeks, do you think there will eb a delay in issuing receipts and more importantly EAD/AP. I know that EAD needs toe be issued within 3 months. Will this rule no longer apply just because of this change? Appreciate your answer. Thanks
  4. Dilip Balsaraf's Avatar
    Does this mean that they will not reject any 485 applications and just keep them in a "pending" bin?
  5.  N S's Avatar
    A potential Q for your FAQ and my Q as well

    We filed our AOS applications on July 2nd and I am assuming there is no refiling needed as our applications have not been returned so far. Should we be calling USCIS after Jul 30th, if we do not have a receipt notice by then, following their 30 day no receipt date notice rule?
  6. viva's Avatar
    my spouse recently, july 13, received his I-485 approval. i am on an h4, shall i be able to benefit from this recent uscis update and can i file for I-485? i appreciate your answer. thank you very much.
  7. Sam's Avatar
    My LC is not approved yet. My PD is Mar '05 and am hoping to get approval anytime soon. Should my LC be approved prior to July 31st to be eligible for applying for 140 and 485 by Aug 17th, or is there time till Aug 17th?
  8. 's Avatar
    What do you think will be the development for I-485, EAD y AP processing times in the future.
    Thanks !
  9. N S's Avatar

    There is no Schedule A category any more and it has been eliminated as of Nov 06 bulletin. Nurses, PT's and any other occupations who were previously filing under Schedule A need to go through a normal EB based process. In fact, all those who filed under Schedule A and have not got their applications adjudicated will now fall under the EB2/3 and their native country. Previously Schedule A filers used to get the PD of their 140 filing as labor cert is not needed.

    Greg can provide a better answer or correct me if I am mistaken.
  10. Venkat's Avatar
    What will be the repercussions for people that are not able to file their 485s before Aug 17th? Is there any hope for them?
  11. kanchi's Avatar
    My company is trying for my L1.I need to go to my home country to get it stamped.I am also spouse of 485 applicant.Will it be safe for me to travel and get it stamped before I receive the recipt of my EAD and AP. I am presently on H4.This is because we can no longer estimate the time for the receipt and EAD processing.Sorry if the question does not fit here but an answer will be greatly appreciated.Thanks again.
  12. kanchi's Avatar
    Greg-Will interim EAD still be issued incase of non receival of EAD within 90 days - keeping in mind the 500k applications?
  13. Matt's Avatar
    Hello Greg, here's one for the FAQ:

    My wife is on F1 and she has to travel by the end of september. We filed I485 on July 2nd.
    Is it safe for her to leave on F1, apply for H4 abroad ,get a stamp and come back on the H4?
    I heard that leaving the country while on AOS-F1 constitutes an abandon of the AOS.
    In this case, conversion from F1 to H4 in premium before she leaves is our best option, right?

  14. SN's Avatar
    I have filed for my I140 on july 10 in Labor Sustitution. I don't have a receipt number yet for that. Can I file 485 without the receipt number? If no, what is the chance I get my receipt number before Aug 17th?

    Thanks for your reply.
  15. Jayz's Avatar
    While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?
  16. Viral Desai's Avatar
    Important question --

    Was any part of this deal be any legislative changes like recapturing old numbers, etc?
  17. 's Avatar
    GREG: I do have to congratulate you on the reliability of your information and sources. You posted the USCIS announcement well before it was up on their site.

    I am very concerned since my application is pending since Oct 2006. This is going to cause a huge back log and the FBI checks will take much longer...unless they hire a huge army of people and change some of their processes, we are screwed! (By the way I have been in the US legally for fourteen years now)
  18. Q's's Avatar
    Some FAQ's:
    1) Will PP resume for I-140 in Aug? What is your hunch?
    2) Is it possible to get fingerprint notice after you file AOS documents even if your I-140 is still pending or must it wait until the I-140 is approved?
    3) Do you predict that this "opening of the floodgates" will cause massive delays in GC processing even for non high chargeability countries?

    Thanks so much Greg. Now I have to stop this blog because I am becoming obssessive-compulsive with it!
  19. 's Avatar
    Which date is considered for AC21? Receipt Date or the date it was received at USCIS?
    It'll be some time before they can send receipts for the July cases so if I filed on July 2nd and I get a receipt 3 months later, which date counts? I'm guessing it's the receipt date but I hope I'm wrong.
  20. pkjain's Avatar
    Question for FAQ -

    Is it OK to travel internationally after the AoS application is submitted to USCIS but AoS receipt notice not received? For eg: If my AoS application is submitted on July 30, Is it safe to travel to India on August 15 even if the AoS receipt notice is not received? Are there any issues in doing so?
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