|You are here:||About>News & Issues>Immigration Issues> Nonimmigrant Visas, Waivers> Work, Ability, Invest Visas> Expert Chat for Strategies Against Backlog: China/India - ShustermanChat Transcript.|
Immigration 101Immigration in the NewsAll Forms, Fees, KitsNonimmigrant Visas, WaiversGreen Cards/AOS & LotteryU.S. CitizenshipBorders, Ports, CustomsCase Status & ProcessingLegal ConcernsOfficial Help, ResourcesTips: Life in the U.S.Cultures & AssimilationFamous ImmigrantsU.S. Immigration HistoryStudent, Teacher Resources
Expert Chat for
Strategies Against Backlog: China/India
Jennifer Wipf: Hi everyone. Good evening. This is Jennifer Wipf and I will be moderating this chat hosted by leading immigration attorney, Carl Shusterman, who is on the phone with us right now.
Carl Shusterman: Hello Jennifer. I am looking forward to the chat this evening!
Jennifer Wipf: Please remember that all questions are of a general nature and should not be deemed as legal advice.
- A person who is out of status for 3 years has filed a labor
certification before 14th Jan 1998. He receives first letter from Labor
Department. Now the employer does not want to cooperate. The 45 days during
which he had to get back to the Labor Department has passed. Can he still
continue with the same case now?
Shusterman: The first question is whether the
person continues to be eligible under section 245i. Since the labor
The second part of the question relates to how the person may qualify for adjustment of status now that his labor certification has been denied.
The short answer to this question is that all means of obtaining a green card are available to him. (e.g. filing a new labor certification, a petition under one of the employment based categories, which does not require labor certification, a petition based on investment, or a family based petition).
Jennifer Wipf: Thank you. Here's another question:
Question #2 - My EB-3 I-140 has been pending since August 1998 at VSC, which is unusually long for VSC. According to my lawyer, INS doesn't say much except that it is still pending for some kind of advisory opinion. With possibility of dates getting retrogressed for March, is there anything at all I can do to get this cleared? Thanks.
Carl Shusterman: Your lawyer should clarify what type of advisory opinion is being sought. Each service center has its own inquiry procedures. Depending on the type of advisory opinion that INS is seeking in your case, it may or may not be possible to obtain an approval of your I-140 and submit an application for adjustment of status prior to March 1st.
However, I would certainly make the attempt.
6 yr. limit on H-1visa is looming large on March 30th. I'd applied for I-140 in
June 1999. Can I possibly stay in the country and wait? My application is
pending at the
Carl Shusterman: This one's going to be a close call. Since you
are seeking to adjust status under an employment-based category, as long as you
have not been unlawfully
Jennifer Wipf: Here's a question about status.
Question #4: When exactly does your change of status occur? Once your 140 is approved? What exactly does change of status mean technically?
Carl Shusterman: I believe you are referring to "adjustment of
status" rather than "change of status," A change of status
occurs when the INS approves your application to change from one temporary
status to another (e.g. from an F-1 student to H-1B professional worker).
Question #5: I have EB-1 waiting for FP notice. Can I switch jobs during this period?
Carl Shusterman: If you are referring to the subsection of EB-1
which refers to "aliens of extraordinary ability", you may change
jobs at any time.
Jennifer Wipf: Thanks Carl. I have a very long list of questions! Here's our next one:
Question #6: What are the pros and cons of CP?
Shusterman: The pros of combined processing, also
known as adjustment of status, are as follows:
4) If there is an
interview, you will be able to have your attorney sit next to you, which you
probably would not be able to afford if the interview took place in
On the flip side you can
save a lot of
You can even travel on an advance parole, thereby minimizing your chances of getting stuck abroad if your application goes south during the interview.
For more information
about changing from adjustment of status in the
Jennifer Wipf: That should be helpful to a lot of people here. Here's another question:
Question #7: Can we predict when the priority date retrogression will be by counting how many I-485s have been approved this year?
Shusterman: Not without a crystal ball.
Question # 8: I heard that they are going to discontinue the "per-country" quota for EB based Green Card applicants. Has the rule come into effect, or is it going to be in effect soon? It will be a BIG Help to all the Chinese & Indians.
I believe that you are referring to the proposed legislation referred to in topic 3 of the January issue of Shusterman's Immigration Update. See:
The Hatch-Abraham bill would apparently abolish "discriminatory" country quotas from the employment-based immigrant visa system. This bill should be introduced within the next week or two.
However, this provision
may not survive without a whole lot of lobbying from you all. A similar
provision was contained in the Senate version (S.1723) of the 1998 bill to
raise the H-1B cap. However, it was dropped in the Senate-House conference
committee. This time I hope you will all lobby your congressman and senators.
Jennifer Wipf: This question is very specific, but several people have similar concerns:
Practical Training expired on Nov. 99 while my H-1B was still pending. How long
I can still stay in
Carl Shusterman: If you have already filed a change of status application from F-1 practical training to H-1B, there is little or no danger that you will be effected by the cap.
However, it is impossible
for me to advise you on your chances of receiving an H-4 visa in
Question #10: If a newly married couple filed I-485 separately under EB3 back in August, is there any way to combine the two applications into one now so that one of them can go to work for another employer?
Sure, whichever I-140 gets approved first and becomes current, both of you can file I-485s , obtain EADs, and the derivative spouse can quit his or her job, and go to the beach :-)
(or if you wish, change jobs.)
Jennifer Wipf: If we have any more questions, India/China specific, I can
take one more, but please submit it after this next one I'm about to put
Question #11: My I140 application was submitted to CSC in 5/99. In other words I am very close to getting my I140 approved. But if there will be a new backlog in 3/00, what can I do to "save my own life"?
Carl Shusterman: Hopefully your temporary working status will not expire any time soon. However, if it does, think 245k and cross your fingers.
The backlogs at INS, as you all know, have never been worse.
I have clients who have
retained our law firm to go to Federal court and do what lawyers do best: sue.
However, for those caught
under the outmoded country quota system, when the EB dates start to backlog, in
March or April, the answer is to organize (There are already groups of Indian
and Chinese professionals devoted to performing the present immigration
Jennifer Wipf: Sorry we kept you overtime tonight Carl! It's been our biggest chat yet. Have a great evening and thanks for coming, as always.
Carl Shusterman: It's been a pleasure answering your questions. Have a nice night Jennifer, and everyone.
Jennifer Wipf: Good night! Those who wish to may feel free to remain here and chat openly.
Remember to follow-up with these popular and informative links:
India Page, compiled by
Carl Shusterman, Esq.
Daily Immigration News compiled by your editors.
� Peter and Jennifer Wipf 1999-2002. All rights reserved. No duplication without explicit written permission.
|All Topics | Email Article | Print this Page | ||
|Advertising Info | News & Events | Work at About | SiteMap | Reprints | Help||Our Story | Be a Guide|
| Calorie-Count | UCompareHealthCare|
|©2008 Born Abroad Foundation. All rights reserved.|