When the new visa bulletin took effect starting this oct 1st,2005, the cutoff dates were so far back (1998 for indians and 2000 for chinese and...)that filing I485 for green card would take 4-5 yrs even after filing I140. I dont know if this is the case with Nepal cause 9800 visas are available for every country and we might not use all of them like Indians and Chinese do. Do we have to wait too?? Any info will be great. Thanks in advance.

If you have not filed for your I-485 you are pretty much screwed too but not as bad as ICs (Indians and Chinese). I think for the rest it has been backed to 2002. So there you go...

Good Luck...
I certainly need one (:-()

Yes, Nepalis are affected by the October Visa Bulletin. All Third Category Applicants, i.e. EB3 have retrogessed to March 1, 2001 worldwide. This means, if you did not file for adjustment of status before the bulletin came out, or are only now starting PERM or the petition itself, you should epect to wait for over four years for your geencard approval.

Nepalis are not yet affected, i.e. visa numbers are current, for Category 1 and 2. Note that these categories have also retrogessed for China and India. There is rumor brewing that both these will retrogess worldwide soon.

To anyone reading this message:
If you have advanced degree, Masters Degree or higher, or have 5 years or more experience in a particular professional area, feel free to email me. I can evaluate your particular case and advise you on whether or not Second, or even First, category greencard petition is possible for you (note these categories tend to be lot quicker than category 3).

I am a US licensed attorney with experience in these matters.

Thanks

NYC Dweller,
Can I have your e.mail, I need to ask you couple of questions about this matter.

Thanks in advance

From my personal case,looks like the green card route just got tougher.Been on H1 since 2000.With changing jobs and all, I finally filed for Labor cert. on March 2005.There does not seem to be light at the end of the tunnel. And with the prospect of layoffs continuing to be an integral part of the job definition of today, life as a "temporary worker" does become all the more challenging and interesting.
Good luck to each one of you in this phase of your life and all the Nepali/foreign students at US universities.You may get a job after graduation but that alone will not gurantee you an easy route to a green card.

NYC Dweller:
What are the consequences for I-140/I-485 based on Extraordinary Ability ?

NYC Dweller

Can you post your website and your compmany info ?

Himalaya178,
To contact me, you can just click on my name and I believe you should be able to send me an email.

Newlynew,
For Nepalis EA based petition and adjustment of status are not yet affected. Besides India and China, worldwide numbers for this category are current.

Nepalibudho,
I am a solo practitioner (that is I do not practice with a law firm). I do not have a website at this time. However, I am from Nepal, and went to undergraduate and lawschool in the US. As I stated earlier I am a duly licensed member of the Bar.

Should you require additional information you can click on my registered name and send me an email.

If sending email that way should be a problem, you can email at surendravthapa@yahoo.com

Thanks

NYC Dweller,
Thanks NYC.

I guess this might give you some information
- http://uscis.gov/graphics/services/employerinfo/Bull14final110303.pdf

NYCDweller:
Much appreciated...

Thank you all. I talked with my lawyer and she told me that even EB3 catagory for Nepalese can apply for concurrent filing at this time. She did not guarantee though that it will be the same when I can apply after 3 months. I am hopeful that it will remain the same. The visa may be retrogessed for March 1, 2001 for all other countries except four listed, I think we can still file very quickly because we Nepalese do not have many H1bs/skilled labors who down the road becomes I485 applicants. Since the US govt annually gives 9800 I485 visas for every countries, we may not use them completely and it may be cause of this. If I am wrong and my lawyer is not updated/wrong, its going to be v tough for all of us to get a green card becuasue of the uncertainity surrounding our job, job location, layoff etc.. remember H1 first itself is a big trouble, dont know when you get laid off, then labor and I140 and now wait for I485 for 4-5 yrs...everything will add up to atleast 4-5yrs given that company applies for labor right after giving H1 which is not going to happen unless filed from the relative's company. So I would the wait wil be atleast 7-8 yrs. So, forget about the greencard. After all, in the event of changing jobs to other location, being laid off, promotion, company changing location, bankruptcy etc etc, will have to file the labor from the v beginning. Now that we cannot file I485, we are not protected by portability law which can save us from the diff factors listed above.

Don't come with inadequate knowledge, you know little knowledge is dangerous image. I used to believe from people talks. Now I understand how legal thing work. My labor C is approved in less than 3 month from a friend's business in CT. My lawyer said I might get G-card in less than 2 yrs. I have seen many people have been getting G-card in less than 2 yrs, but not NYC. Go to the country side.

Congratulation Gallant for your LC approval. By the way when did you file LC? When did you file I140 and I485?Can you send me info about the lawyer cause I will have to talk with him too.Thanks.

NYC Dweller,
Tapaile bhane jastai Advance Degree, Master Degree or higher from USA chha bhane Job pauna garo hundaina please advise in this matter.

I completed my Bachelors degree and I am on H-1 visa. Does anyone know what category I need to apply for.....EB1, EB2, EB3? Also, how long do I need to wait to apply, or can I apply right after my H-1 visa approval? Any suggestions would be greatly appreciated......

paakhey, yes you can apply right away after you have your h1 approved. But, almost all employers want time to prove your worthiness cause its a very long term committment and they wont do that quickly. Your category with Bachelors (without 5 yrs of exp.) would be EB3 which is causing problem at this time. I will have more info on this tomorrow and keep you all posted. My suggestion to you if thats the case with Nepal too (which I will know for sure by tomorrow), you better get your masters and apply from EB2 category which has a current date at this time. EB3 has a cut off date of March 1st, 2001. But, God knows what its going to be even for EB1 oir EB2 category as time goes by. Republicans are anti-immigrants...

Bullish,
Thanks a lot. Since you said, you will have more info today, I am waiting on your response.
Thanks again.

Hi,
Almost all the people including several lawyers that I had conversation with today, everybody agreed that this visa bulletin is definatley going to affect Nepalese for filing I485. Some of them didnt even like to give a tentative wait time. So at this time nobody is sure how long the wait for filing I485 after filing I140 for Nepalese. But whatever it is, everybody agreed on one ground that this will move very fast and wait time wont be what it seems now (which is March 1st, 2001 that means over 4.5 yrs). So, I am guessing that between 1-2 yrs which is still very scary. One lawyer even told me that congress introduced this kind of law beofre too, but revoked it later on. All we can do is hope they consider this new law and revoke this bulletin like beofre. And good luck with DV!!