Re: L-1a to Green Card processing route?
Originally Posted by Olly_
(Post 12535071)
Just be aware that EB-1 worldwide is no longer current as of the August visa bulletin so that'll slow things down - unusual but demand has been very high this year.
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Re: L-1a to Green Card processing route?
Originally Posted by Karlosthecackle
(Post 12535102)
I took a look at the bulletin thing. I'm a bit confused by the whole year thing..
That May 1, 2016 mentioned is a date that is set when you have an approved I140 So If you get an I140 approval in Jan2019 add 800 days before you can apply for the actual GC. That is just based on this visa bulletin, to give you an example on how that works |
Re: L-1a to Green Card processing route?
Originally Posted by Olly_
(Post 12535071)
Just be aware that EB-1 worldwide is no longer current as of the August visa bulletin so that'll slow things down - unusual but demand has been very high this year.
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Re: L-1a to Green Card processing route?
Originally Posted by hmvsdog
(Post 12535133)
I didn't notice this before. Makes me very glad my I-485 was filed concurrently when the dates were current.
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Re: L-1a to Green Card processing route?
Originally Posted by Olly_
(Post 12535149)
Are you still waiting for your I-140 to be approved?
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Re: L-1a to Green Card processing route?
Originally Posted by hmvsdog
(Post 12535150)
Yep. No movement on that.
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Re: L-1a to Green Card processing route?
Originally Posted by Olly_
(Post 12535154)
Wow... not good!
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Re: L-1a to Green Card processing route?
I'd still extend the L-1A. I'm not a fan of the I-485 pending status...WTH does that really mean? IF it's denied for whatever reason, then you're immediately not on any status.
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Re: L-1a to Green Card processing route?
Originally Posted by Fred16
(Post 12535124)
Well if the dates remain consistent through future visa bulletin and you apply now, will be about 800 days before GC would be available for you
That May 1, 2016 mentioned is a date that is set when you have an approved I140 So If you get an I140 approval in Jan2019 add 800 days before you can apply for the actual GC. That is just based on this visa bulletin, to give you an example on how that works Priority date is based on I140 receipt date, not approval date |
Re: L-1a to Green Card processing route?
Originally Posted by fbf2006
(Post 12535183)
I'd still extend the L-1A. I'm not a fan of the I-485 pending status...WTH does that really mean? IF it's denied for whatever reason, then you're immediately not on any status.
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Re: L-1a to Green Card processing route?
Originally Posted by Karlosthecackle
(Post 12535102)
I took a look at the bulletin thing. I'm a bit confused by the whole year thing..
But we can say this - the numerical limits are on a Fiscal Year basis and the Government Fiscal Year starts on October 1st. So FY2019 starts on October 1, 2018. The system is front-loaded to assist in the orderly issuance of visa numbers Historically, this has led to the exhaustion of available numbers for oversubscribed categories in the last quarter of the year. This causes retrogression in August and September, the last two months of the Fiscal year. Then come October ( and sometimes November) numbers are again available and the prior cutoff dates are restored. I hope this helps clarify somewhat a very estoteric area of immigration law. |
Re: L-1a to Green Card processing route?
Originally Posted by Karlosthecackle
(Post 12535102)
I took a look at the bulletin thing. I'm a bit confused by the whole year thing..
It is hard to know whether this was a "glitch" for 2018 or whether this will repeat itself in the future. For those with a pending I-140 or who have not had a chance to file an I-485, it means they have to wait for fiscal year 2019, which starts in Oct 1, 2018, when there will be a fresh batch of 140,000 visa numbers. If your I-140 is approved before Oct 1, you will have to wait until that date to file for AOS. I will add that the 140,000 limit was set in 1990 and 28 years later it has not been revised. There was rarely an issue for EB1 because the 40,040 were plenty. But with new, er, creative applications the numbers are being used up. Interestingly, there are still numbers available in the "lesser" category of EB2. |
Re: L-1a to Green Card processing route?
We've just submitted an EB1 petition and the check for filing fees has been cashed by USCIS but no receipt / case number has been issued. Our AOS is being submitted imminently. Am I right in understanding that even if our AOS went in next week, the clock can't start ticking on that until October 1st? We're assuming worst case scenario for AOS processing is 6-7 months and with no travel within that period, another 2 months added on is not ideal.
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Re: L-1a to Green Card processing route?
Originally Posted by CA-NY
(Post 12535856)
We've just submitted an EB1 petition and the check for filing fees has been cashed by USCIS but no receipt / case number has been issued. Our AOS is being submitted imminently. Am I right in understanding that even if our AOS went in next week, the clock can't start ticking on that until October 1st? We're assuming worst case scenario for AOS processing is 6-7 months and with no travel within that period, another 2 months added on is not ideal.
Strap yourself in, it's gonna be a long ride. |
Re: L-1a to Green Card processing route?
Also, I stand to be corrected here but, I don't think USCIS will accept your I-485 based off the back of an EB-1 I-140 (unless your I-140 priority date is before 1st May 2016) as the category is not current. |
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