| EB-3 RN护士家属移民Q & A
Q． Can you please enlighten me on this very recent development that as of July 05, the EB-3 classification is no longer current, but for Schedule A workers. I am a spouse of an immigrant (nurse) awaiting my immigrant visa with a priority date of May 2003. Do I fall under Schedule A and get the same benefit or preference as the principal applicant? If yes, how much longer do I have to wait? I already receive a packet which I sent immediately to the U.S. Embassy here in the Philippines as instructed.
Answer: In your case, you are fortunate to be the derivative of an application filed for a Schedule A worker. You do enjoy the benefit of the same priority date as the primary applicant and since your wife is a Schedule A nurse, your priority date therefore should be current. Processing times at various embassies differ and are difficult to estimate, but it would sound at least that you can expect yours to advance without being affected by the backlog now existing for non-Schedule A cases.
注: RN护士移民的先生及未满21岁的小孩的绿卡申请，都能享受Schedule A 免签证排期的优惠，随到随办，因此申请后，绿卡很快就能下来。这个问题是结过婚的同学最关心的问题，
2. I read in one of the immigration websites that according to AC21 Section 104(c) if the dates for a certain country are retrogressed and the person of that country has his Labor and I-140 cleared, he/she may be granted a 3 year extension in spite of his/her H-1B 6- year limit being reached. Is this true?
Answer: Yes. The terms of eligibility for an extension under Section 104(c ) are also discussed in our article cited above.
3. My H-1B petition has been approved for 3 years (until October 2007.) However, when I entered the U.S. in September of 2004, the officer gave me an I-94 card valid until October of 2005 because my passport will expire at that time. Can I travel outside the U.S. in August of 2005 and return to the U.S. after October 2005 once I have renewed my passport?
Answer: Your ability to re-enter the U.S. in H-1B status following travel abroad turns on your valid passport AND the validity dates of the H-1B stamp in your passport. In order to gain H-1B admission (or re-admission) both must be valid beyond the intended re-entry date. If your initial H-1B stamp was only issued with validity through October 2005 to correspond with your passport, then you will need to obtain a new H-1B visa stamp while you are abroad in order to re-enter in H-1B status thereafter. Your I-94, by the way, determines your lawful period of stay in the U.S. Thus, if it were not for the fact that you were planning to depart in August, you would need to make plans either to extend your H-1B status in the U.S. or to travel abroad and obtain a visa revalidation and re-enter in order to avoid accruing unlawful presence. Unlawful presence begins to accrue when you remain in the U.S. beyond the expiration of your most recently issued I-94 card, even if you are in possession of a notice of approval that may reflect a longer term of approval.
注: 申请美签之前，必须确认你的护照有效期限，必须比你计划停留在美国的时间长，因为移民官给你的在美停留的期限不能超过你护照的有效期限。
4. My Optional Practical Training (OPT) will expire at the end of July. My wife filed an I-130 on my behalf in early May. Am I legal to stay in the country after July 30 (when my OPT expires) until get my I-130 approval?
Answer: Not unless you have also filed your I-485 Application to Adjust Status. The I-130 petition does not confer the benefit of preserving lawful stay in the U.S. If your wife is a U.S. citizen and you are therefore an ‘immediate relative’ eligible for an immediate visa number you may benefit from the filing of your I-485 Application to Adjust Status to permanent resident immediately. An I-485 Application filed from within lawful status confers the benefit of preserving your lawful stay while pending and further enables you to file an I-765 Application for Employment Authorization so that you may also enjoy open market employment while your I-485 is pending. |