From: rajiv@bongo.cc.utexas.edu (Rajiv Arora) Newsgroups: alt.visa.us Subject: Re: Green Card : Will Employment 2nd Preference become current again? Message-ID: <78351@ut-emx.uucp> Date: 25 Aug 92 01:44:05 GMT In article <1992Aug24.133051.16389@murdoch.acc.Virginia.EDU> rvp2f@Virginia.EDU (Prasad Polamraju) writes: > >Currently the cut off dates for India, China, and some other countries is >somewhere in 1990 for Employment 2nd Preference immigrant visas for green >cards. After October 1, 1992 (when the new year starts for the Immigration >quotas), a fresh quota of 40000 should be available for 2nd Preference >visas. Does any one think 2nd Preference will become CURRENT again after >October 1, 1992? Any anlysis and comments are welcome. My interest is >in the cut-off date for India. However the same analysis should apply to >other countries like China, etc. There is hope in the current situation. While the 2'nd preference is backed up to 6/15/90, the 3'rd preference (category E32) is still current. Since "members of the profession with advanced degrees" are also "professionals", you can file in category E32 instead on your I-140. I actually sent two I-140 applications together with my labor certification stuff to INS. It costs an extra $70, but you get to cover all bets. This way you can apply in whichever category (E21 or E32) is current. Both my I-140 petitions were approved. Since category E32 was current, I used that approval notice when I filed for permanent residence (I-485) at San Antonio. There was no problem. DISCLAIMER: The contents of this posting do not constitute legal advice. It contains a single data point. Consult an immigration attorney to be safe--many will be able to cover this in their initial consultation which is either free or for a nominal charge. -- ****************************************************************************** * Rajiv Arora Email: rajiv@bongo.cc.utexas.edu * * Phone: (512) 795-9015 * ****************************************************************************** From: jeff@svl.cdc.com (Jeff Needham) Newsgroups: alt.visa.us,soc.culture.indian Subject: Re: Labor certification/Green card Message-ID: <47147@shamash.cdc.com> Date: 3 Sep 92 00:29:15 GMT exumukh@exu.ericsson.se (Subrata Mukherjee) writes: >Hi Netters: > After talking to my lawyer regarding labor certification/green card >interview, looks like it may take one year to complete the whole process. >That sounds too long to me. That's why I'm requesting the knowledgeable >netters to inform me how much time it might take. >All paperwork for me is ready and the advertisement for the position is >to be done this week. I work in Texas, Labour cert. is about 4 months and that is in blister mode. 6-8 months if someone actually responds to the ad. This shouldn't happen. Once labour cert. is finished, you must then submit the I-140 and gather the paerwork. This is tedious, but can be done in a couple of weeks. I had to get some paperwork from Canada, so the process tends to be serial. You may also have to wait for your priority date to be current although the queue for B.Sc/M.Sc/PhD. is still quite short. Waiting for an interview at the local INS office (or through the consular route) is the next bottleneck and is typically measured in months. Since you are just about to start cert and don't yet have a priority date, I would guess about 9-12 months from today. Your mileage will definitely vary. later,jeff -- There's 2 parts to genius. The actual creative act and noticing when someone around you comes out the other side. | Jeffrey Needham | Yet Another Oracle Performance Group | Control Data Systems Inc - Santa Clara, CA - jeff@hawk.svl.cdc.com From: jwettern@techbook.com (Joern Wettern) Newsgroups: alt.visa.us Subject: Re: Travel with Conditional "green card" Message-ID: <1992Sep9.174803.22852@techbook.com> Date: 9 Sep 92 17:48:03 GMT In article <1992Aug31.222535.15397@elroy.jpl.nasa.gov> ktong@shannon.jpl.nasa.gov (Kevin Tong) writes: > >My wife received her conditional "Green Card" (obtained >by marrying a U.S. citizen, me). > >We are going to travel back to Taiwan in October for 3 >weeks for me to meet her relatives. She has a Taiwan passport. > >Does she need any other documents other than the >green card and the passport to reenter the U.S.? > >Anything to be gotcha's to think about? Are there any INS >reasons to prevent my wife from reentering the US? > YES! Leaving the country while your application for permanent residence is pending means that you are ABANDONING THE APPLICATION. In other words, you have to start the whole process again, from outside the United States. You can leave and return after you have received a letter stating that your application has been approved and that the laminated green card is being processed. The temporary green card you get after the interview is NOT proof that your application has been approved. Even with that letter an immigration officer in New York insisted that I should not have left the country and finally let me in only because the computer system was down and she did not know how to proceed. According to the INS in Portland, OR, an immigration lawyer and the INS's literature, however, it is OK to leave (and return) once you have received that magic letter. From: westbrook-jeffery@CS.YALE.EDU (Jeffery Westbrook) Newsgroups: alt.visa.us Subject: Re: what happens next??? Message-ID: <1992Sep21.145512.21557@cs.yale.edu> Date: 21 Sep 92 10:55:04 GMT Aimee Manosa asks: What happens after Labor Cert is approved? 1) You wait for your priority date to become current. The priority date is the date on which the U.S. Dept. of Labor received your labor certification application. For each category (preference) of applicant, the INS maintains a priority date cutoff. The INS will only accept an application for permanent residence status if the applicant's priority date falls before the current cutoff date. The cutoff date advances whenever the INS determines that its quotas allow it to accept new applicants. For example, since immigration law says only so many people can be accepted per year, the current cutoff date usually jumps forward on October 1 (the start of the government fiscal year). Your lawyer or whomever is handling your application watches the cutoff date to determine when you can apply. 2) Once your date is current, you file a form to apply for a visa number. 3) Once you get the visa number, you file a form requesting a change of status to permanent residence. 3a) if you are living in the US at the time of application and your record is clean then you can file at an INS office in the US. 3b) otherwise you file at an appropriate US consulate abroad. 4) A preliminary examination of your application is done. If no problems are found, you are scheduled for an interview. The place of interview is the same place you filed at. The interview is usually perfunctory if you are a professional type. If you pass the interview, the interviewer grants you permanent residence status right there. You get a temporary stamp in your passport, and eventually a permanent card in the mail. good luck, Jeff