Lecture Notes on Immigration Updates

Introduction

• Date: August 2024
• Topics: Priority dates, Visa Bulletin, EB1/EB2/EB3 categories, Adjustment of Status (AOS), challenges in pending AOS
• Moderator acknowledges technical issues due to Houston's electric and internet problems

Priority Dates

• Definition: Determines when one can apply for a green card
• Employment-Based Categories:
  • EB2/EB3: Priority date is the labor certification filing date; confirmed upon I-140 approval
  • EB1/EB2 (National Interest Waiver): Direct I-140 filing date establishes priority date; confirmed upon I-140 approval
  • Importance: Determines the order of green card application eligibility

Visa Bulletin for August 2024

• EB1 India: Significant backlog, estimated to take up to three years to clear 10,000 pending cases
  • Increase in filings due to EB2/EB3 delays
  • Limitations by 7% cap per country and increased global usage

Challenges in Pending Adjustment of Status (AOS)

• Long Waiting Times: Some cases pending since October 2020
• Options: Maintaining EAD/AP, litigation for delayed cases
• Filing for AOS: It's essential to file timely, include medical exams, and consider litigation if necessary
• Employment on EAD: Easier extensions, automatic 540 days extension if filed timely, advanced parole (AP) travel issues

EB1 Predictions

• Future: Expected 5-7 years backlog for EB1 India due to increased filings and global usage
• Options: Priority dates portability, strategic employment shifts

Specific Questions and Advice

• Filing Locations: Cross-country chargeability allows using spouse's country of birth
• Switching Status: H4 to H1B and back, maintaining green card eligibility
• Employment and Perm Process: Differences in salary, requirements for H1B, and strategies for pending I-485
• Litigation: Engage in legal action if AOS/AP approvals are delayed

Conclusion

• Next Steps: Continue monitoring Visa Bulletin updates, timely filing, considering litigation, and strategic planning for employment and green card processing