N G
Apr 13, 2023
RELIGIOUS WORKERS FACE RESTRICTIONS
Attention R-1 visa holders: If you are still on your first R-1 visa, that's great news. However, if you are on your second R-1 visa and it's nearing its end, it's important to start planning your next steps if you intend to remain in the United States. This is because the cut-off date for filing an Adjustment of Status (AOS), as recently published in the MAY 2023 Visa Bulletin is October 1st, 2018, and R-1 visa holders do not have a grace period. Once your visa expires, you are expected to leave the country unless you file for an AOS (or jump on another visa). However, due to potential delays in the visa bulletin (unless we experience some dramatic progression, of which I am fervently praying), you may run out of status while waiting to file an AOS. I don't mean to cause alarm, but it's essential to be aware of this reality. I strongly recommend seeking the advice of an attorney for further guidance.
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N GApr 13, 2023
Another option to consider is having your sponsor pursue the EB-3 category and file a labor certification perm instead of submitting an I-360 petition. However, I strongly advise you to seek legal guidance from a competent attorney before taking any action. I am sharing this information with you to ensure you are not caught unaware.
JSS SSApr 14, 2023
my I-360 is in processing. My 2nd R1 is expiring in Jan-2024. Can I re-enter USA after 1 year on my B1/B2 visa? I came here on B1/B2 and changed status to R1. My B visa is valid till 2028.
N GApr 14, 2023
I have no idea about re-entry with a B1/B2 visa. I would check in with a competent attorney about that. That said, so much could happen between now and January, especially with the fiscal year starting in October. Please talk to an attorney and evaluate your options.
Vishnu DasApr 15, 2023
@N G can you suggest a competent attorney who might able to make some accurate predictions?
N GApr 21, 2023
@Elvis S Are you a religious worker? Do you work for a religious organization? That visa class is for people who do. You could be a VAWA recipient (self-petition after an unsuccessful marriage). You could also be an SIJS. Those are the three most popular sub-categories of the EB-4 bracket. Whichever you are, you most likely file an I-360 petition. From the looks of things, since you have filed the I-485, you shouldn't be at risk of running out of status. You should be good until you get a response about four I-485 from USCIS.
Frankly, I don't know how long. What I know is, the cutoff date for EB-4 has been pushed back to 1 SEPTEMBER 2018. This means that only the people with a PD before that date are being given green cards. We most likely would have to wait until the cutoff date (which is released every month by DOS and USCIS) to catch up with our PD. No one knows how long it will take.
Sososo HGJun 10, 2023
Let's urge USCIS to resume releasing the "EB 485 pending report" (btw they released for 10 years but stopped in 2018), which can tell us the number of people waiting in line before our PD and estimate the wait time. I filed FOIA request and commented on the USCIS data page (https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data) many times to ask for this. The more people ask for this, the more likely USCIS will take this seriously and release it. (See more details here: https://uscis.gov/archive/questions-and-answers-pending-employment-based-form-i-485-inventory)
