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The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.

Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?

The following questions were asked in today's community conference call. I feel the answers should be of use use to many folks.

In a welcome move, US government is showing some understanding of the economic benefits of business and employment-based immigration.
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas have outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.

Q. How soon can I leave my petitioning employer once I get my green card approval?

There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue

Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.

Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.

This week, we have received an Oustanding Researcher approval in one day. I hope and wish we could see more of this lacrity in USCIS adjudications. Details of the case are here:
http://www.immigration.com/sample-ca...proved-one-day

In a recent meeting, Nebraska Service Center has clarified why, some times, in cases of pending I-485 applications, USCIS approves AOS interchanging the applications of the derivative and principal applicant:

I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change. To keep track of developments in the pending immigration law reform, follow this link: http://www.immigration.com/comprehensive-immigration-reform

COMMENTS FROM IMMIGRATION.COM

Q. Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?

This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.

Regards to all. Rajiv.

Here is another question from one of our clients posted in our extranet forclients.com.

Qo. My Priority date became current as per August bulletin.

I and my wife are applied for I-485 on July 2007 (PF is done and got EAD and AP docs). At that time my son was in India and i could not apply for him.

Right now i am working on his I-485 paperwork and targeting to send his application to INS/Nebraska on August first itself (through your Law firm).