EB2 Predictions (Rather Calculations) - 2012

[srividya]

No Demand data means no March Visa Bulletin Today?

[vishnu]

probably right...

[rasknorr]

No Demand data means no March Visa Bulletin Today?
Ok then this week end we will be getting more info / analysis from gurus.. ...

[nostwal]

My priority date is 12.30.2008. So
With this inventory data out when do we expect our green card in hand.

Thanks

[Spectator]

I said a long time ago that I was not sure how useful the Jan 2012 USCIS Inventory would be and I still feel this is the case.

We do not know how long it takes USCIS to add a case to the Inventory, or the process to do so. Not all receipts are necessarily eligible, so there must be a screening process.

In fact, there is such a large drop in the ratio for PDs of November onwards (i.e. December VB onwards), that I am suspicious it is may be rather a long process to capture all the cases that have been received.

For instance, it seems entirely plausible that NSC are more efficient than TSC (and TSC processes most of the EB cases) - who knows.

I do know that the data doesn't entirely add up, so I would beware of jumping to conclusions too early.

[bee369]

When do u guys think bulletin coming next week, Friday or any chance of earlier

[tanu_75]

In fact, there is such a large drop in the ratio for PDs of November onwards (i.e. December VB onwards), that I am suspicious it is may be rather a long process to capture all the cases that have been received.

For instance, it seems entirely plausible that NSC are more efficient than TSC (and TSC processes most of the EB cases) - who knows.

I do know that the data doesn't entirely add up, so I would beware of jumping to conclusions too early.

Nice pick and good point Spec. I think you're right, this may not even represent total receipts and may need some more time for the data to be 'seasoned'.

[evoori]

EB2 India

145
124
147
300
498
714

--- Nov Bulletin --
974
936
1,120
1,361

--- Dec Bulletin --
689
597

727
742
(443) / 2

--- Jan Bulletin --
(443) / 2
217
248
204
196
182
162
210
156
214

--- Feb Bulletin --
34

Looks like average 1100 for Nov, 700 for Dec and 200 for Jan bulletin.

It clearly says that they have not added all the receipt into inventory yet..

[TeddyKoochu]

I said a long time ago that I was not sure how useful the Jan 2012 USCIS Inventory would be and I still feel this is the case.

We do not know how long it takes USCIS to add a case to the Inventory, or the process to do so. Not all receipts are necessarily eligible, so there must be a screening process.

In fact, there is such a large drop in the ratio for PDs of November onwards (i.e. December VB onwards), that I am suspicious it is may be rather a long process to capture all the cases that have been received.

For instance, it seems entirely plausible that NSC are more efficient than TSC (and TSC processes most of the EB cases) - who knows.

I do know that the data doesn't entirely add up, so I would beware of jumping to conclusions too early.

Spec great thoughts, I have a theory on which I could be entirely wrong but it could well be the gap in the inventory. This is just my own theory which kind of struck me I may be entirely wrong.
- Most of us who have filed now have had issues with the dependent PD printed on the receipt notices. Some saw blanks and some saw the RD, this could be a translation for no value.
- Every individual is identified uniquely by A# in the system, while the primary applicants A# is old and has the correct PD associated with it because this A# is associated with the i140.
- It appears that the process when an application arrives is to create receipt notices and generate A# for new applicants dependents in this case.
- Now the inventory is generated it is nothing but a grouping of individuals by country, category and PD, since the dependent case A#'s have incomplete information they are not coming up on this extract at all.
- Now if this theory is true the quality of data should go bad progressively, Nov filer’s data does show and OR of 0.7 while Dec is much lower.
- Now here is another catch some Jan filers are in the inventory if this theory is true the primary applicants went straight to the inventory.
- Another thing is that the publication date is Jan 12th it does not mean that the report itself was extracted on the 12th, the data may have come from sometime earlier.
- Iam not sure when the A# information should be corrected, most Nov filers have received EAD, while Dec filers are in process, so Nov data is closer to being correct while Dec is still work in progress.
- Let’s see what is the real truth, unfortunately if the inventory is not true the next one may not also give the full information because approvals are constantly happening.
- My own range of OR (Perm to I485) has been from 0.8 to 1 it looks like the true value may come closer to .70 - .75.
- If the inventory is correct then our friend Suninphx who is truly the original proponent of the demand destruction theory and concept, its game set and match to you, hats off to you, on a lighter note since the numbers are so drastic everything off to you :) :).
- Now if CO looks at these kind of numbers Iam sure his knee jerk reaction would be to drastically move the dates forward, so forward movement chances seem to be really bright.
- The final resting point this year will be determined more by the rise in EB1 v/s fall in EB2 ROW, EB1 inventory is high let’s see what happens. Since QSP is happening and the reports point to 9% completion every month numbers once given to Eb2 I/C are kind of a done deal, CO is going by monthly completions and implicitly he will satisfy the annual numbers.
Let’s hope for the best hope we see some guidance on the inventory. The demand data if published this time will be interesting.

[kd2008]

Teddy that is a very good explanation and a quite pausible one. I personally do not like the fact that USCIS cannot provide us with quality data. There is always something or the other that leads us to question the veracity of the data. It is what it is.

[Spectator]

Teddy,

A well thought out post as always. That is an interesting and plausible theory.

The final resting place for the year (I think you mean who will receive approval) may well also be influenced by the level of RFEs. That would push the date forward from where it might otherwise lie.

kd,

USCIS have always been so economical with the truth, their figures always need to taken with a pinch of salt and deserve extra scrutiny.

Look at how EB3-ROW numbers have changed, relative to the visas received. Clearly there are far more applications in the USCIS world than they are reporting.

[nishant2200]

USCIS is going to have a bonanza with RFEs galore for birth certificates!



Teddy,

A well thought out post as always. That is an interesting and plausible theory.

The final resting place for the year (I think you mean who will receive approval) may well also be influenced by the level of RFEs. That would push the date forward from where it might otherwise lie.

kd,

USCIS have always been so economical with the truth, their figures always need to taken with a pinch of salt and deserve extra scrutiny.

Look at how EB3-ROW numbers have changed, relative to the visas received. Clearly there are far more applications in the USCIS world than they are reporting.

[suninphx]

If the inventory is correct then our friend Suninphx who is truly the original proponent of the demand destruction theory and concept, its game set and match to you, hats off to you, on a lighter note since the numbers are so drastic everything off to you :) :).


Teddy,

Thanks for kind words. So nice of you. I was just sharing what I saw around that time but you guys translated those thoughts to real numbers and that's what matters the most. And besides me there were certainly more people who shared same sentiment. I know for sure that Kanmani always had similar thoughts based on her experiences.

If I could contribute even 0.1% to cause of this site that would be achievement for me.

While I still believe there is certainly demand destruction, inventory is showing much more lower numbers than I was expecting. Something is surely not correct there.But these numbers make me more comfortable now with my original projection of ~50K applications by end of 2009. (Kanmani has more aggressive numbers and I hope that turns out to be true :).

As for your new theory - does any one know after how many months inventory numbers got stabilized post Jul 2007? May be that will give some direction.

[kd2008]

Guys and gals,

I need your help in deciphering how many EB I-485s did USCIS process last fiscal year excluding the pre-adjudicated ones.

Have a look at http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/AllFormTypes_PerformanceData_FY11.pdf

123K out of 140K approved by USCIS, rest are CP.
EB2IC + EB3 were nearly all preadjudicated. I am placing that number somewhere around 60K (30K for EB2IC + 30K for EB3)

So it is possible that USCIS processed about 60K to 65K EB I-485s from scratch. This year that number has to be close to 80K to 90K (as there are no preadjudicated EB2IC left)

Are my estimates making sense? If so, that is lot to ask of USCIS. Let us see what happens. In case this analysis has been previously done please let me know.

Thanks

[TeddyKoochu]

Teddy,

Thanks for kind words. So nice of you. I was just sharing what I saw around that time but you guys translated those thoughts to real numbers and that's what matters the most. And besides me there were certainly more people who shared same sentiment. I know for sure that Kanmani always had similar thoughts based on her experiences.

If I could contribute even 0.1% to cause of this site that would be achievement for me.

While I still believe there is certainly demand destruction, inventory is showing much more lower numbers than I was expecting. Something is surely not correct there.But these numbers make me more comfortable now with my original projection of ~50K applications by end of 2009. (Kanmani has more aggressive numbers and I hope that turns out to be true :).

As for your new theory - does any one know after how many months inventory numbers got stabilized post Jul 2007? May be that will give some direction.
Sun thanks, all credit to everyone who contributed including Kanmani, the purpose of this site is to bring clarity to everyone and the discussion is certainly helping in a very constructive way. We both kind of agree on demand destruction but our quantification is different my belief is 0.8 - 1 while I believe yours has been around .7 the Nov filers data is in fact closer to 0.7. I hope the facts prevail if the inventory is correct it’s great news for EB2 I/C if not we will know in a few months. Like you even I was expecting higher numbers for Jan 2008 which is the top month for perms.

The Jul 2007 fiasco was in fact the prime mover for the Inventory process; the first inventory was published couple of years after the Jul 2007 fiasco so would have been stable by then. Many have pointed out here that the EB3 ROW inventory reduced by just 3K in 3 months that’s another example of a big anomaly.

[suninphx]

Sun thanks, all credit to everyone who contributed including Kanmani, the purpose of this site is to bring clarity to everyone and the discussion is certainly helping in a very constructive way. We both kind of agree on demand destruction but our quantification is different my belief is 0.8 - 1 while I believe yours has been around .7 the Nov filers data is in fact closer to 0.7. I hope the facts prevail if the inventory is correct it’s great news for EB2 I/C if not we will know in a few months. Like you even I was expecting higher numbers for Jan 2008 which is the top month for perms.

The Jul 2007 fiasco was in fact the prime mover for the Inventory process; the first inventory was published couple of years after the Jul 2007 fiasco so would have been stable by then. Many have pointed out here that the EB3 ROW inventory reduced by just 3K in 3 months that’s another example of a big anomaly.

That's true Jan 2008 has ~2900 PERMS. My theory is if we take standard processing times for PERM around Jan 2008 then by the time these PERMS were approved and were eligible for I140 stage we were well into recession. Based on what I have seen it was not easy to find a new job till May/Jun 2009 even for IT professional.(arguably least affected by recession). That's the reason 2008 data is going to be very interesting. Lets wait and watch.

[kd2008]

Spec great thoughts, I have a theory on which I could be entirely wrong but it could well be the gap in the inventory. This is just my own theory which kind of struck me I may be entirely wrong.
- Most of us who have filed now have had issues with the dependent PD printed on the receipt notices. Some saw blanks and some saw the RD, this could be a translation for no value.
- Every individual is identified uniquely by A# in the system, while the primary applicants A# is old and has the correct PD associated with it because this A# is associated with the i140.
- It appears that the process when an application arrives is to create receipt notices and generate A# for new applicants dependents in this case.
- Now the inventory is generated it is nothing but a grouping of individuals by country, category and PD, since the dependent case A#'s have incomplete information they are not coming up on this extract at all.
- Now if this theory is true the quality of data should go bad progressively, Nov filer’s data does show and OR of 0.7 while Dec is much lower.
- Now here is another catch some Jan filers are in the inventory if this theory is true the primary applicants went straight to the inventory.
- Another thing is that the publication date is Jan 12th it does not mean that the report itself was extracted on the 12th, the data may have come from sometime earlier.
- Iam not sure when the A# information should be corrected, most Nov filers have received EAD, while Dec filers are in process, so Nov data is closer to being correct while Dec is still work in progress.
- Let’s see what is the real truth, unfortunately if the inventory is not true the next one may not also give the full information because approvals are constantly happening.
- My own range of OR (Perm to I485) has been from 0.8 to 1 it looks like the true value may come closer to .70 - .75.
- If the inventory is correct then our friend Suninphx who is truly the original proponent of the demand destruction theory and concept, its game set and match to you, hats off to you, on a lighter note since the numbers are so drastic everything off to you :) :).
- Now if CO looks at these kind of numbers Iam sure his knee jerk reaction would be to drastically move the dates forward, so forward movement chances seem to be really bright.
- The final resting point this year will be determined more by the rise in EB1 v/s fall in EB2 ROW, EB1 inventory is high let’s see what happens. Since QSP is happening and the reports point to 9% completion every month numbers once given to Eb2 I/C are kind of a done deal, CO is going by monthly completions and implicitly he will satisfy the annual numbers.
Let’s hope for the best hope we see some guidance on the inventory. The demand data if published this time will be interesting.

Teddy, I looked at the tables for EB1-ROW, EB1-I, EB1-C, EB2-ROW in the inventory and all of them show a sharp drop in Dec 2011 compared to Nov 2011. So your theory gets a boost. I would say it moves it from pausible to possible.

[Kanmani]

Teddy and Sun Thanks for mentioning me. Sun it was you, one who sown the demand destruction seed in to the field.

I agree with all that this is not a complete inventory and I have already mentioned that Oct 2011 is also imperfect.

The sudden difference in Eb3 inventory may be due to the slow removal of porting cases after physically verfying them. This was mentioned somwhere in the ombudman report .

Sun I still have my own numbers which are lower compared to S&T's ( sorry guys) currently backed up by the low I-140 numbers . With my theory there is a possibility that 2009ers will start getting their GC by next year this time :-)

[Spectator]

Just a quick post to show where we are with Primary Applicant filings in EB2-I since October 2011 based on Trackitt.

PDs from ------- Approved -- Filed -- % Approved
FY2011 ---------------- 7 ----- 26 ------- 26.92
October VB ----------- 35 ---- 115 ------- 30.43
November VB ---------- 26 ---- 334 -------- 7.78
December VB ----------- 1 ---- 358 -------- 0.28
January VB ------------ 0 ---- 333 -------- 0.00
February VB ----------- 0 ----- 49 -------- 0.00

ALL ----- ------------ 69 -- 1,215 -------- 5.68

Approvals beyond July 2007

August 2007 ----- 6
September 2007 -- 9
October 2007 ---- 9
November 2007 --- 0
December 2007 --- 0
January 2008 ---- 1

Total ---------- 25

I hope the numbers put where we are into perspective.

[imdeng]

KD - I am not commenting on the numbers you are reporting - but my opinion is that USCIS handles applications of different types that total to several millions every year - a difference of even a few hundred thousands in EB2 I-485 applications is not going to make too much of a material difference to USCIS.


So it is possible that USCIS processed about 60K to 65K EB I-485s from scratch. This year that number has to be close to 80K to 90K (as there are no preadjudicated EB2IC left)

Are my estimates making sense? If so, that is lot to ask of USCIS. Let us see what happens. In case this analysis has been previously done please let me know.

Thanks

[Spectator]

KD - I am not commenting on the numbers you are reporting - but my opinion is that USCIS handles applications of different types that total to several millions every year - a difference of even a few hundred thousands in EB2 I-485 applications is not going to make too much of a material difference to USCIS.imdeng,

I would agree that when looked at in the totality of cases that USCIS process, it wouldn't appear to be a problem.

However, it strikes me that really only NSC and TSC deal with EB cases and they are the only ones with ISOs trained to adjudicate these cases, so perhaps kd does have a valid point.

If EB3 and EB2-IC have been pre-adjudicated to date, then that is, say 80k new EB cases a year normal receipt workload. That is borne out by the 78.3k Receipts in FY2011, which was 29% of the I-485 Receipts at NSC & TSC.

An extra 60k receipts would represent a considerable increase in workload. It would raise the EB% to 42% of total receipts and increase the overall yearly workload by 22%. Given those extra receipts are concentrated in the first half of the year, it is really a 40% increase for that period.

Approvals of EB cases represented about 40% of NSC/TSC workload in FY2011.

Adjusted for the fact that EB3 and EB2-IC were previously pre-adjudicated meant about 26% of all cases approved by NSC/TSC in FY2011 were processed from scratch.

The increase in all cases processed from scratch by NSC/TSC would be about 10%. Looked at for EB cases alone, it is an increase of nearly 40%.

Since we haven't heard any news of staff increases at NSC/TSC, the volume increases may have an effect.

[kd2008]

imdeng,

I would agree that when looked at in the totality of cases that USCIS process, it wouldn't appear to be a problem.

However, it strikes me that really only NSC and TSC deal with EB cases and they are the only ones with ISOs trained to adjudicate these cases, so perhaps kd does have a valid point.

If EB3 and EB2-IC have been pre-adjudicated to date, then that is, say 80k new EB cases a year normal receipt workload. That is borne out by the 78.3k Receipts in FY2011, which was 29% of the I-485 Receipts at NSC & TSC.

An extra 60k receipts would represent a considerable increase in workload. It would raise the EB% to 42% of total receipts and increase the overall yearly workload by 22%. Given those extra receipts are concentrated in the first half of the year, it is really a 40% increase for that period.

Approvals of EB cases represented about 40% of NSC/TSC workload in FY2011.

Adjusted for the fact that EB3 and EB2-IC were previously pre-adjudicated meant about 26% of all cases approved by NSC/TSC in FY2011 were processed from scratch.

The increase in all cases processed from scratch by NSC/TSC would be about 10%. Looked at for EB cases alone, it is an increase of nearly 40%.

Since we haven't heard any news of staff increases at NSC/TSC, the volume increases may have an effect.

Spec, thank you for your insight. My hunch is now turning in to a worry :)

In past we have discussed that AOS has two components to it - the movement of cut-off date to be able to file I-485 and the timely processing of the case to adjudication.

I think Mr. CO has done his part by moving the cut-off dates. Now the ball is in the USCIS court to timely process the cases to use up the annual quota.

From past experiences, we know USCIS more often than not falls short of everyone's expectations. I hope it is not the case this year.

[bee369]

When will be mar bulletin coming out ? Traditionally and historically it releases on Friday and so u think we need to wait until Feb 10 ?

[manubhai]

When will be mar bulletin coming out ? Traditionally and historically it releases on Friday and so u think we need to wait until Feb 10 ?

I hope sooner!! The F5 keys on all my keyboards will be broken - many times over - by then.

On a more serious note- I dont think it "ALWAYS" comes on a Friday. It could come sooner.

[srividya]

typically Visa bulletin comes on 8th or 9th.

[mesan123]

Anytime between feb6th to feb10th...

[nishant2200]

The march bulletin is critical for Dec 11 filers as well. In Feb end - March their 485s will hit the sweet spot and be ripe, especially for NSC.

Looking at inventory report, however flawed it might be, if this is what CO is being presented, another 6 months to in fact even a year move is not impossible.

After next inventory, we might be able to see more stable figures. However upto Dec filers should get GC, the line for GC issuance is tending to be extended from Dec 2007 to Q1 2008 in my mind. Key is that QSP should continue and hence the pressure on USCIS to consume the monthly n% of visas. For E2IC we are still in the zone of mostly pure 485 filers whose 140 is already approved.

[srisri]

I sense a feeling from the gurus that the inventory report is not complete and that the numbers are bad compared to what the inventory report projects. Can you please explain the basis for this feeling. I feel the numbers aren't as bad as projected by gurus and should be close to the inventory report.

From my personal experience I can say there were not many PERM applications in second half of 2008 and first half of 2009. My labor application was sent only in later half of 2009 just because I was sliding into my 6th year of H1. I work for a fortune 100 company and there are very few applications for 2008 from my company and that to majority of them in first half. I also contemplated to get GC applied from a desi consulting company as a backup but no one was willing to apply in 2008 and 2009 citing ongoing audits, In fact desi companies were cancelling all the perms if the employee was not working for them or if they sense it is a candidate for audit, I think PERM data for 2008 is little skewed so we should increase the OR factor to .65.

I think there would be around 8500 485 apps for 2008 as some one suggested. This is my logic and I have an incentive in low numbers.

Also some of the guys working as consultants are stuck in India on visa stamping issues whose dates became current and are not able to apply. I already know two people in such situation and think it might be one of the contributor for low numbers but these people should be applying in a month or two if their dates are still current.

[suninphx]

I sense a feeling from the gurus that the inventory report is not complete and that the numbers are bad compared to what the inventory report projects. Can you please explain the basis for this feeling. I feel the numbers aren't as bad as projected by gurus and should be close to the inventory report.

From my personal experience I can say there were not many PERM applications in second half of 2008 and first half of 2009. My labor application was sent only in later half of 2009 just because I was sliding into my 6th year of H1. I work for a fortune 100 company and there are very few applications for 2008 from my company and that to majority of them in first half. I also contemplated to get GC applied from a desi consulting company as a backup but no one was willing to apply in 2008 and 2009 citing ongoing audits, In fact desi companies were cancelling all the perms if the employee was not working for them or if they sense it is a candidate for audit, I think PERM data for 2008 is little skewed so we should increase the OR factor to .65.

I think there would be around 8500 485 apps for 2008 as some one suggested. This is my logic and I have an incentive in low numbers.

Also some of the guys working as consultants are stuck in India on visa stamping issues whose dates became current and are not able to apply. I already know two people in such situation and think it might be one of the contributor for low numbers but these people should be applying in a month or two if their dates are still current.

If you project only 8500 applications for PD 2008 then it's OR of ~.30 and very very aggressive IMO. But I agree that PD2008 data is going to be interesting.

[srisri]

If you project only 8500 applications for PD 2008 then it's OR of ~.30 and very very aggressive IMO. But I agree that PD2008 data is going to be interesting.

True, let me restate my assumption, it can be between 8500 to .65 of OR.

[just_curious]

Will they at least release the demand data today?

[aguy007]

For all those who have become current in the last few months, I wonder if people have started receiving I-485 approvals. Is there a way to check which dates are currently being processed by the USICS like are they doing Mar 08 or Nov 08...

[jackbrown_890]

Will they at least release the demand data today?
Hopefully.

[jackbrown_890]

For all those who have become current in the last few months, I wonder if people have started receiving I-485 approvals. Is there a way to check which dates are currently being processed by the USICS like are they doing Mar 08 or Nov 08...

Please read earlier posts here and u ll also find approval trend (from trackitt) for lil bit detailed information,,,
they r still processing 07 cases...

[Spectator]

For all those who have become current in the last few months, I wonder if people have started receiving I-485 approvals. Is there a way to check which dates are currently being processed by the USICS like are they doing Mar 08 or Nov 08...aguy007,

See post #4621. That will give you some idea.

Out of about 500 approvals on Trackitt for EB2-I this FY, only 26 are for dates beyond July 2007.

Around 70% of applications submitted since October 2011 for PD of July 14, 2007 or earlier are still pending. In addition there are still applications that were already pending with an earlier RD.

Less than 10% of those applications submitted since October 2011 with a PD between July 15, 2007 to October 31, 2007 have been approved to date.

[veni001]

Service Center Operations Stakeholder Teleconference February 1, 2012 (http://www.uscis.gov/USCIS/Outreach/Upcoming%20National%20Engagements/Upcoming%20National%20Engagement%20Pages/2012%20Events/February%202012/Consular_Notification.pdf)

[suninphx]

Article from CM's blog. I just hope that realistic scenario plays out.

http://us-non-immigrants.blogspot.com/2012/02/prediction-for-eb2-category-for-fy-2012.html

[GCI140]

Hello
Sorry for posting in the wrong thread. But i have an urgent situation so need help.
I have to send my I-485 documents this month. I have a valid H-1 and my spouse has a valid H-4 for another 2 years. Due to some family emergency, my spouse has to go to india by end of this week. We will be done with our medicals (I-693), etc. by then but might not be able to send the application.
So my situation is: We have all the documents ready and my wife leaves the country before we send out the application. i know one should wait for atleast I-485 receipt notice before leaving.
i wonder how will USCIS know whether my wife was in the country when i sent our application.
I will be here and take care of the whole application process, however my wife has to go.
Please advice. Should we take this risk?
Thanks a Lot.

[Kanmani]

Hello
Sorry for posting in the wrong thread. But i have an urgent situation so need help.
I have to send my I-485 documents this month. I have a valid H-1 and my spouse has a valid H-4 for another 2 years. Due to some family emergency, my spouse has to go to india by end of this week. We will be done with our medicals (I-693), etc. by then but might not be able to send the application.
So my situation is: We have all the documents ready and my wife leaves the country before we send out the application. i know one should wait for atleast I-485 receipt notice before leaving.
I wonder how will USCIS know whether my wife was in the country when i sent our application.
I will be here and take care of the whole application process, however my wife has to go.
Please advice. Should we take this risk?
Thanks a Lot.

100% risk .
Both CBP (Customs and Border protection) & USCIS comes under Department of Homeland Security . Every individual's non-immi/immigrant file can be pulled out from any computer within the Department of Homeland Security. If we submit our I-94, our departure is registered from which both the agencies can verify the status.

For example an Immigration Officer from the International terminal can print your latest H1b approval from his computer while an I-485 adjudicator can print your latest I-94 submitted at the Airport any time.

[qesehmk]

Waiting for receipt is not critical IMHO. As long as the day the lawyer sends it to USCIS the applicant was in US, that's what matters more.

So better ask your lawyer. Another thing is ... if going to India is so critical, then she can file after she comes back.

Just in case there is retro and she misses filing after she comes back, the impact is primarily ONLY on her ability to have EAD rather than on her time to obtain GC.

So if that can be sacrificed then probably she should leave withut filing 485.


Hello
Sorry for posting in the wrong thread. But i have an urgent situation so need help.
I have to send my I-485 documents this month. I have a valid H-1 and my spouse has a valid H-4 for another 2 years. Due to some family emergency, my spouse has to go to india by end of this week. We will be done with our medicals (I-693), etc. by then but might not be able to send the application.
So my situation is: We have all the documents ready and my wife leaves the country before we send out the application. i know one should wait for atleast I-485 receipt notice before leaving.
i wonder how will USCIS know whether my wife was in the country when i sent our application.
I will be here and take care of the whole application process, however my wife has to go.
Please advice. Should we take this risk?
Thanks a Lot.

[imdeng]

You can send your own 485 as soon as possible and if the dates do not retrogress in the Mar bulletin (and it is likely that they will not, at worst they will stagnate) then you have until the end of Mar to file spouse's 485. Do NOT take the risk of misrepresenting something. You have come so far - at this last stretch make sure to play everything completely by the book.

Hello
Sorry for posting in the wrong thread. But i have an urgent situation so need help.
I have to send my I-485 documents this month. I have a valid H-1 and my spouse has a valid H-4 for another 2 years. Due to some family emergency, my spouse has to go to india by end of this week. We will be done with our medicals (I-693), etc. by then but might not be able to send the application.
So my situation is: We have all the documents ready and my wife leaves the country before we send out the application. i know one should wait for atleast I-485 receipt notice before leaving.
i wonder how will USCIS know whether my wife was in the country when i sent our application.
I will be here and take care of the whole application process, however my wife has to go.
Please advice. Should we take this risk?
Thanks a Lot.

[skpanda]

curtains down for the DD and/or VB today. Hopefully tomorrow...

[GCI140]

Thanks Kanmani, imdeng & Q
I guess then i will go ahead and file mine and wait for my wife to come back and file her's.
Let's assume that dates will not retrogress and i will stay current for another 2-3 months (my PD is jan 2009), how much time do i have to file her 485?
I am sure i will have to file her's before mine is approved, correct?
SherJang

[bee369]

No bulletin today ?

[nijor.deha]

Hi All

I have lost my job on Jan 15th and I will on Payroll of the company till Feb 15th. I have 2 question.

1.I am H1 B right now.Till when I will be eligible to look for job without moving to H4.

2.My husband 485 has been filed on feb 1st .So does it effect our GC if I dont move to H4 immediately?

3.DO I need to move to H4 immediately if I dont get the job?WHen is the grace period?

Thanks
Nija

[nijor.deha]

Gurus ..please advice .

[bhala5]

You are in status as long as if you carry I-485 receipt notice before Feb 15th .
You need to wait until get EAD to resume work.
No need to move H4 as long as you already applied I-485 and last payroll is Feb 15th.

[neospeed]

You should be fine regarding the status as you already filed 485. You will be considered AOS status. Some people advise to maintain both h-1/h-4 status to be on safe side but i think its just redundant.


Hi All

I have lost my job on Jan 15th and I will on Payroll of the company till Feb 15th. I have 2 question.

1.I am H1 B right now.Till when I will be eligible to look for job without moving to H4.

2.My husband 485 has been filed on feb 1st .So does it effect our GC if I dont move to H4 immediately?

3.DO I need to move to H4 immediately if I dont get the job?WHen is the grace period?

Thanks
Nija

[vizcard]

Hi All

I have lost my job on Jan 15th and I will on Payroll of the company till Feb 15th. I have 2 question.

1.I am H1 B right now.Till when I will be eligible to look for job without moving to H4.

2.My husband 485 has been filed on feb 1st .So does it effect our GC if I dont move to H4 immediately?

3.DO I need to move to H4 immediately if I dont get the job?WHen is the grace period?

Thanks
Nija

I'll try my best to answer.
1. You can look for a job at any point. There is no immigration issue as to when you can start or stop looking for jobs.
2. I don't think it affects it but I would discuss it with your lawyer. Maybe there is some notification that needs to be done. Better to check with your lawyer.
3. There is no official grace period. Technically you should have a H4 receipt before your H1 ends but it really depends on when your current company informs USCIS of your job status.

[qesehmk]

#1 - You can always look for a job. That doesn't require any status. But to accept a job you need emp authorization. Unless your previous employer cancels your H1, you can transfer that h1. Or you can utilize your EAD assuming you also filed 485 w your husband.
#2 - If you filed 485 along with your husband then you already have a dual status H1 + AOS. Your H1 status is cancelled due to job loss. But AOS continued to be valid and doesnt impact your GC as a secondary applicant.
#3 - You don't need to move to H4 since you already have AOS pending status. God forbid if your husband loses job before 180 days AND husband's employer cancels the underlying 140 then the 485 will be cancelled and the day 485 is cancelled both of you will be out of status. Until this chain reaction actually takes place - both of you are in good status :)



Hi All

I have lost my job on Jan 15th and I will on Payroll of the company till Feb 15th. I have 2 question.

1.I am H1 B right now.Till when I will be eligible to look for job without moving to H4.

2.My husband 485 has been filed on feb 1st .So does it effect our GC if I dont move to H4 immediately?

3.DO I need to move to H4 immediately if I dont get the job?WHen is the grace period?

Thanks
Nija


Thanks Kanmani, imdeng & Q
I guess then i will go ahead and file mine and wait for my wife to come back and file her's.
Let's assume that dates will not retrogress and i will stay current for another 2-3 months (my PD is jan 2009), how much time do i have to file her 485?
I am sure i will have to file her's before mine is approved, correct?
SherJang
You have until the last day of the month when your dates are current.

[randomax]

You have until the last day of the month when your dates are current.[/QUOTE]

Is that when the application needs to go out, or is that when the it needs to have been received? thanks.

[nijor.deha]

Thanks a lot guys.That was really helpful.I am attending some interview by this week.My employer said they will revoke the h1B after Feb 15.If i get job by this month,can I still transfer my H1B to new employer?Please confirm

[nijor.deha]

Thanks a lot everyone in advance.Q ,I would wait for ur advice and suggestion

[qesehmk]

nijor - request your employer not to revoke the H1B just in case later on they need to rehire you.

You can only transfer H1 while it is NOT cancelled. So if they cancel then you will be at the mercy of EAD through your Husbands GC.


Thanks a lot guys.That was really helpful.I am attending some interview by this week.My employer said they will revoke the h1B after Feb 15.If i get job by this month,can I still transfer my H1B to new employer?Please confirm

[imdeng]

You can file for her after your approval too since you guys were already married when you filed for your 485.

Thanks Kanmani, imdeng & Q
I guess then i will go ahead and file mine and wait for my wife to come back and file her's.
Let's assume that dates will not retrogress and i will stay current for another 2-3 months (my PD is jan 2009), how much time do i have to file her 485?
I am sure i will have to file her's before mine is approved, correct?
SherJang

[imdeng]

Your application needs to reach USCIS by the last day of the month in which you are current. It does not matter when you send it - it is the receipt date that is important.


Is that when the application needs to go out, or is that when the it needs to have been received? thanks.

[krishnav]

imdeng, from your signature i think your 485 is approved...congratulations..can i know your PD??

Your application needs to reach USCIS by the last day of the month in which you are current. It does not matter when you send it - it is the receipt date that is important.

[imdeng]

Sorry - must have been a mistype. In fact, I just put my 485 in mail today! My PD is Aug-2009. My signature is fixed now.

imdeng, from your signature i think your 485 is approved...congratulations..can i know your PD??

[bhala5]

Q,

180 day's from the receipt notice counted as calender days or working days?

Let say If I filled I-485 on Jan 1st, Am I eligible to change my employer after July 1st using AC-21?

[imdeng]

Calendar days.

Q,

180 day's from the receipt notice counted as calender days or working days?

Let say If I filled I-485 on Jan 1st, Am I eligible to change my employer after July 1st using AC-21?

[Spectator]

From another site that has reliable communications with CO:


Oppenheim, Charlie W wrote:

The March cut-off dates should be posted very late Wednesday afternoon, or early Thursday morning.

That was the plan a few days ago at least.

[aguy007]

Thank you. It seems that some applications with PD 2008 are being processed out of turn before all 2007 ones are done. How does USCIS decide which ones to process first? Is this where a senator's support may help?





aguy007,

See post #4621. That will give you some idea.

Out of about 500 approvals on Trackitt for EB2-I this FY, only 26 are for dates beyond July 2007.

Around 70% of applications submitted since October 2011 for PD of July 14, 2007 or earlier are still pending. In addition there are still applications that were already pending with an earlier RD.

[mrdeeds]

From another site that has reliable communications with CO:



That was the plan a few days ago at least.

Spec,

What site is that? If you provide Google keywords, that's okay too.

Thank you.

[qesehmk]

probably he meant mitbbs ... I don't have the url. But you can google it.

We don't censor other sites. Feel free to mention sources that are useful to everybody. We absolutely have no problems with that. In fact we encourage attributing credit to the right source.

Spec,

What site is that? If you provide Google keywords, that's okay too.

Thank you.

[shreyasai2004]

Retrogress to 2008

http://us-non-immigrants.blogspot.com/2012/02/prediction-for-eb2-category-for-fy-2012.html

Above link explains about retrogression.

[vizcard]

i struggled to parse through that long post. Also, what has Auburn University got to do with anything here?

[mrdeeds]

probably he meant mitbbs ... I don't have the url. But you can google it.

We don't censor other sites. Feel free to mention sources that are useful to everybody. We absolutely have no problems with that. In fact we encourage attributing credit to the right source.

Thanks Q for an open forum!


i struggled to parse through that long post. Also, what has Auburn University got to do with anything here?

I think it's the translation (google translate or whatever Kanmani used) that added a lot of color to the translation. I personally loved 'give birth to a trace of chagrin'...wow. I didn't find any mention of the bulletin coming out on Wed in the above.

[Kanmani]

mrdeeds
its Google translation
I tried to locate the link but I can't . I posted this because its nice to know that CO might confuse his 140k salary with the 140k EB numbers !!

[bieber]

Kanmani

does CO make 140k?

[soggadu]

Kanmani

does CO make 140k?

i thought he makes 485? No? ;-)

[Kanmani]

Bieber, pls find
http://fedsalaries.com/Charles-W-Oppenheim-GS-15-451006

[shaumack]

i struggled to parse through that long post. Also, what has Auburn University got to do with anything here?

Whenever they talk about Charlie Oppenheim, it will translate to Auburn. So read it as CO. This is what I have gathered since last year from mittbs.

[mrdeeds]

Whenever they talk about Charlie Oppenheim, it will translate to Auburn. So read it as CO. This is what I have gathered since last year from mittbs.

I wonder why it's not Heartburn. Oh wait..its Au (gold) burn. Google is smarter than you think. ;-)


pdfeb09

Even manual translation has a long way especially in movies . In Tamil we call this kinda translation as junoon tamil, after that famous hindi tv serial dubbed in tamil in the same style as above.

Good one Kanmani & pdfeb09. Kanmani, in hindi we might call it the PK Mishra translation after lyricist PK Mishra who would translate famous tamil / telugu songs for the hindi movie remakes. Muqabla was a classic.

[Desperate8]

I logged in to see my case status (although have setup updates was just curious ) , although there was no updates no LUD's etc , I found that the case before mine (my scr number - 10) who was also a Jan 3rd filer like me (RD = JAN 03) has his case updated to card in production for EAD/ AP and that was as of yesterday . does this mean that I am in queue next or it is just random and not sequential.

Just curious guys......

[delguy]

Hi gurus..
Please provide your advice in the following scenario.

I filed my I-140 from company A. Now I am in company B but have good relations with A. My PD is March 2010. If it gets current in upcoming bulletin, can I file for I485 without immediately joining A? When am I actually supposed to start working with A? (a) On filing of I-485 (b) on receipt of EAD OR (c) On receipt of actual GC itself...

Thanks and regards.

[nishant2200]

Bieber, pls find
http://fedsalaries.com/Charles-W-Oppenheim-GS-15-451006

Ma'm Kanmani, thou art great. Naan unghala namaskarm pannaren :D

[mesan123]

Nishanth..

which translator did you use :)

Ma'm Kanmani, thou art great. Naan unghala namaskarm pannaren :D

[gkjppp]

Ma'm Kanmani, thou art great. Naan unghala namaskarm pannaren :D

Your translator is so close... unghala wrong... unghalakku.

[vizcard]

Bieber, pls find
http://fedsalaries.com/Charles-W-Oppenheim-GS-15-451006

That's crappy pay for someone with so much power. But I suppose they make up with ridiculous benefits and pension.

[bee369]

Any chance for bulletin today ?

[qesehmk]

I logged in to see my case status (although have setup updates was just curious ) , although there was no updates no LUD's etc , I found that the case before mine (my scr number - 10) who was also a Jan 3rd filer like me (RD = JAN 03) has his case updated to card in production for EAD/ AP and that was as of yesterday . does this mean that I am in queue next or it is just random and not sequential.

Just curious guys......
Generally it is sequential but it is not STRICTLY sequential because of n number of reasons - for example - simply the fact that tehy could distribute thoes number across multiple officers and each officer has different pace of working.


Hi gurus..
Please provide your advice in the following scenario.

I filed my I-140 from company A. Now I am in company B but have good relations with A. My PD is March 2010. If it gets current in upcoming bulletin, can I file for I485 without immediately joining A? When am I actually supposed to start working with A? (a) On filing of I-485 (b) on receipt of EAD OR (c) On receipt of actual GC itself...

Thanks and regards.

C) is a MUST
A) and B) are optional.

[nishant2200]

Any chance for bulletin today ?

This time I am thinking it will be the 9th Thursday. Generally if date is > 8th already, they avoid releasing on friday, I think to give the overseas consulates one working day before the weekend to know this information, as it would help them in planning their interview schedules. If it don't show up on 9th here, then very high chances of showing up on 9th night here on mumbai consulate website.

[Gclongwait]

And houston we have touchdown. kryolife confirms:

"I called USCIS and checked. It is true that I-485 is approved. The L1 agent could not read anything other than what i already see online. I had to call 3 times to get to the L2 officer. L2 officer confirmed that it is approved. But could not check if card has been ordered. She asked me to wait for some more time for CPO. Don't know how long...

My information as some ppl are curious:

Education: MS from US university
Employment type: fulltime permanent
H1B Company: US multinational Fortune 500
No. of employess: 5000+ in North America

I have been with the same company for last 7 years, got two H1B extensions and never violated any immigration rules. I did have a soft LUD on my I-485 on Jan 26th."

Does this mean that we can be sure that dates wont retrogess beyond the December Bulletin?

Otherwise it would be really unfair, I know there is nothing fair about the immigration system but even so.

[delguy]

Many thanks qesehmk. Another related question... Assuming I get my EAD thru A and I continue to work in B, can I tranfer the EAD to B after 180 days? If so, do I need to go thru the entire cycle of PERM -> I140 ->... or EAD can be simply transfered?


Hi gurus..
Please provide your advice in the following scenario.

I filed my I-140 from company A. Now I am in company B but have good relations with A. My PD is March 2010. If it gets current in upcoming bulletin, can I file for I485 without immediately joining A? When am I actually supposed to start working with A? (a) On filing of I-485 (b) on receipt of EAD OR (c) On receipt of actual GC itself...

Thanks and regards.


C) is a MUST
A) and B) are optional.

[TheTexan]

Q well said about Pune born confused being an oxymoron :-). ChampU, also the great Pu. La. said - "Puneri lokana jajvalya abhiman asto".. rough translation - very jingoistic?

[qesehmk]

Absolutely. There shouldn't be retro prior to Q1 2008 in the first place. Even if there is it won't last long.
Does this mean that we can be sure that dates wont retrogess beyond the December Bulletin?



Q , Nishant is referring to someone called 'kryolife'
LoL .... then I just gave him a raincheck it seems :)


Many thanks qesehmk. Another related question... Assuming I get my EAD thru A and I continue to work in B, can I tranfer the EAD to B after 180 days? If so, do I need to go thru the entire cycle of PERM -> I140 ->... or EAD can be simply transfered?
That actually might work. Just check w the lawyer. However I would always talk about it as a possibility rather than intention. Because the moment this becomes intention then it creates an excellent basis to void your associated 485 with A - even after approval.

[donvar]

Spec, Q , Nishant and others,
Posting a personal query in this thread as it is urgent. Will remove it soon as you answer.

Is there anyway I can delay my I485 approval. My priority date is Jan 21 2008 and I have got EAD approved. I am not yet married and hope to get married from India in couple of month ( girl not decided yet).
Is there a way by which I can delay my I485 GC process. ( some kind of RFE or something) ?

Thanks in Advance.

[Kanmani]

Nishant, its gonna be within few days , GC is on its way.

[nishant2200]

donvar, there is no way to delay the adjudication. You might be able to withdraw your application, I am not sure, a lawyer could help.

If you married before you get GC, your wife can file via follow to join. I am a bit fuzzy on this about if your PD is not current at that time, what happens.

If you get married after you get GC, I think you have to apply for wife in family based immigration, and there is no visa as such which would allow her to stay with you here until then, unless she does a H1 or L1 etc, which are dual intent.

Wait for others on this, I know folks know better on it than me.


Spec, Q , Nishant and others,
Posting a personal query in this thread as it is urgent. Will remove it soon as you answer.

Is there anyway I can delay my I485 approval. My priority date is Jan 21 2008 and I have got EAD approved. I am not yet married and hope to get married from India in couple of month ( girl not decided yet).
Is there a way by which I can delay my I485 GC process. ( some kind of RFE or something) ?

Thanks in Advance.

[nishant2200]

Nishant, its gonna be within few days , GC is on its way.

thanks Kanmani. I hope the service centers hold to at least a 4 months time line and bless everyone. Folks in 2007 - 2008 at least have suffered the worst of this past retrogression :)

[qesehmk]

There is something called "follow to join" by which spouse can join you after your GC approval and she can file with the same PD as yours.

Please google it and that should help you.

I am not 100% confident whether you need to be married prior to 485 approval to avail this rule.

Another thing to remember is more than likely you are not going to get approved at least 4-5 months AFTER you file 485. So there is some time to get married in between and spouse can join your AFTER your 485 is approved using "follow to join"


Spec, Q , Nishant and others,
Posting a personal query in this thread as it is urgent. Will remove it soon as you answer.

Is there anyway I can delay my I485 approval. My priority date is Jan 21 2008 and I have got EAD approved. I am not yet married and hope to get married from India in couple of month ( girl not decided yet).
Is there a way by which I can delay my I485 GC process. ( some kind of RFE or something) ?

Thanks in Advance.

[Kanmani]

http://www.murthy.com/news/UDmar485.html

"If the principal was not yet married when INS approved the I-485, the dependent would no longer enjoy the benefit of following-to-join nor be able to file an adjustment application. Rather, a relative petition would have to be filed for the spouse, who would then come under the Family based F2A category and would be required to wait the standard 4 to 8 years for the Priority Date to become current."

[imdeng]

For "Follow to Join" to apply, the couple has to be married before the I-485 approval.


I am not 100% confident whether you need to be married prior to 485 approval to avail this rule.

[bieber]

Kanmani

Thanks for the link, I couldn't find Ben Bernanke in the database though

[imdeng]

You can do a Civil Marriage in India as soon as possible and then do the traditional wedding when it is suitable. This would allow you to file a "Follow to Join" before your I-485 is approved based on the civil marriage certificate.
Spec, Q , Nishant and others,
Posting a personal query in this thread as it is urgent. Will remove it soon as you answer.

Is there anyway I can delay my I485 approval. My priority date is Jan 21 2008 and I have got EAD approved. I am not yet married and hope to get married from India in couple of month ( girl not decided yet).
Is there a way by which I can delay my I485 GC process. ( some kind of RFE or something) ?

Thanks in Advance.

[Kanmani]

imdeng, that is no longer accepted in the consulates. H-4 stamping documents include a marriage ceremony photo album( only for the first time stamping).



You can do a Civil Marriage in India as soon as possible and then do the traditional wedding when it is suitable. This would allow you to file a "Follow to Join" before your I-485 is approved based on the civil marriage certificate.

[vizcard]

You can do a Civil Marriage in India as soon as possible and then do the traditional wedding when it is suitable. This would allow you to file a "Follow to Join" before your I-485 is approved based on the civil marriage certificate.


imdeng, that is no longer accepted in the consulates. H-4 stamping documents include a marriage ceremony photo album( only for the first time stamping).

this is not a H4 situation thought right? this is straight GC.

Also, I imagine it would be CP if she is in India but AOS if she is in the US as F1? My brother might be in the same situation if he gets current next month.

[imdeng]

Oh - I forgot that this would be a CP case. I was still thinking AoS and was thinking that pictures are not needed for a dependent 485 filiing. (Although my super conservative lawyer made us attach some pictures anyway - I thought it was really not necessary after joint tax filings, utility bills, joint bank accounts and joint insurance cards!)

imdeng, that is no longer accepted in the consulates. H-4 stamping documents include a marriage ceremony photo album( only for the first time stamping).

[ontheedge]

Kanmani

Thanks for the link, I couldn't find Ben Bernanke in the database though
Itching to open the link, but am on a mobile device right now. Wanna know how much Tim Geitner
makes along with Bernanke

[shaumack]

I am not sure about this with consular processing.

This will be alright for CP in this case. FTJ will only happen once application to I-824 is approved. By the time I-824 will be approved (at least 4-6 months from filing), OP will be done with traditional marriage as well. In any case when asked at consulates, OP can explain reason to complete civil marriage was to ensure his soon-to-be wife was eligible to file green card under his petition before approval. This will not be considered fraud by any means. Obviously he will have other evidences from traditional marriage to back this.

[eb2visa]

Gurus,

A small question, One of my friend is working with Company A with H1 and has a valid EAD in EB3 as Programmer. He is now chaning the job to a new company B to Project Lead position.

1. Can he move on H1 status. If yes, what happens to EAD? Will it be abended?
2. Can he still port to EB2 and use the same date?
3. If he moves on EAD, how can he port to EB2?
4. Is it better to move with EAD status or H1 status?

Please suggest, this is critical for him as he need to join the new company next week.

[qesehmk]

Chik & D13 ... enjoy your freedom! Glad that you shared the news with others. If you can please continue to help others - here or elsewhere!


CPO emails today for spouse and me.

PD 07/11/2007
EB2 I TSC
RD 10/07/2011.

Keep the faith.


Q' and all,

Thank you all for wonderful information you have provided here so far. I am Greened ...
Good luck who are still in line. May god grant your wish soon.

PD :Dec 13th 2007, EB2 India
485 Applied :- Dec 1st 2011
EAD/AP approved :- Jan 17th 2012, card received on Jan 21st 2012
GC approved : Jan 31st 2012
Card Received : Feb 4th 2012.


Gurus,

A small question, One of my friend is working with Company A with H1 and has a valid EAD in EB3 as Programmer. He is now chaning the job to a new company B to Project Lead position.

1. Can he move on H1 status. If yes, what happens to EAD? Will it be abended?
2. Can he still port to EB2 and use the same date?
3. If he moves on EAD, how can he port to EB2?
4. Is it better to move with EAD status or H1 status?

Please suggest, this is critical for him as he need to join the new company next week.
Its a straightforward case for your "friend" !!! I always wonder why some of our "friends" can't ask these questions themselves!

Anyway none of my business..... but the answer is very very straightforward.

Your friend should transfer H1 as well as invoke AC21. He should rather NOT use EAD. And finally if possible he should pursuade the new employer to file another green card in EB2 and then when 140 is filed, use the EB3 date (that's what porting is).

Hope this helps your friend!

[imdeng]

Congratulations! Dec filers are truly on their way now. This is exciting - with every Dec filer getting approved, we are pushing forward the likely bottom for the eventual retrogression.

Q' and all,

Thank you all for wonderful information you have provided here so far. I am Greened ...
Good luck who are still in line. May god grant your wish soon.

PD :Dec 13th 2007, EB2 India
485 Applied :- Dec 1st 2011
EAD/AP approved :- Jan 17th 2012, card received on Jan 21st 2012
GC approved : Jan 31st 2012
Card Received : Feb 4th 2012.

[veni001]

CPO emails today for spouse and me.

PD 07/11/2007
EB2 I TSC
RD 10/07/2011.

Keep the faith.



Q' and all,

Thank you all for wonderful information you have provided here so far. I am Greened ...
Good luck who are still in line. May god grant your wish soon.

PD :Dec 13th 2007, EB2 India
485 Applied :- Dec 1st 2011
EAD/AP approved :- Jan 17th 2012, card received on Jan 21st 2012
GC approved : Jan 31st 2012
Card Received : Feb 4th 2012.

Congratulations to both of you and your Families.

[eb2visa]

Thank you very much qesehmk. This helps a lot, sorry but these seems to be small but you know how frustrating if don't know the answer. Once again Thank you very much.




Your friend should transfer H1 as well as invoke AC21. He should rather NOT use EAD. And finally if possible he should pursuade the new employer to file another green card in EB2 and then when 140 is filed, use the EB3 date (that's what porting is).

Hope this helps your friend!

[Kanmani]

Demand Data ...http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

[qesehmk]

Given this data .... the chance that we will see significant forward movement for March bulletin is 100%.

An interesting thing to observe is the 2005 EB3I demand. That is the place where the impact of porting is clearly seen. It will be interesting to see how much of post 2007 EB3I demand is there today.

ps. Another thing would like to add - given that Oct demand should start hitting pipeline approx 4-5 months - that means expect next demand data around 7th
March to show significant demand. Will it be enough to slow or revert the advance of EB2IC dates? I can't say.


Demand Data ...http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

[mesan123]

DD still looks low...dont know howmuch movement we will see this time...

[vizcard]

Demand seems very low but how many visas have already been used up ?

[eb2ODer]

Where can I find demand data for previous months?

[vishnu]

look at facts and data section on this website - previous Demand Data has been archived by our Gurus

[skpanda]

Bulletin should be on the way...Good luck everyone... I know its a long shot.. but i hope they make it current. Alteast 6 months would be good.

[mesan123]

6 months is for sure...as CO mentioned in AILA meeting...have to see if he moves more than that...

[bieber]

Based on the demand data, entire 2010 should be able to file next month

[skpanda]

01MAY10 for india and china

http://travel.state.gov/pdf/visabulletin/visabulletin_March2012.pdf

Congratulations to all who are current!!

[bieber]

Itching to open the link, but am on a mobile device right now. Wanna know how much Tim Geitner
makes along with Bernanke

He will find a way not to pay taxes regardless of that :D

[bieber]

01MAY10 for india and china

http://travel.state.gov/pdf/visabulletin/visabulletin_March2012.pdf

Congratulations to all who are current!!
01 May 2010 wow

number of filings must be significant now

[mesan123]

i dont see the bulletion in visa page......how did you get that.....anyways...congrats for people till Apr 30th 2010....

[nishant2200]

This is fast!

Congratulations many to those who got current. 1st May 2010 means people with PD from including 1st January 2010 upto including April 30th 2010 are eligible to file for AOS in March 2012 for EB2 IC categories. And anyone with PD earlier than 1st January 2010 is still welcome.

Demand Data still showed very low numbers, yet CO only opened gates for 4 months, two months less than the proposed 6 months he said earlier. It means that definitely, there is some math or logic behind his moves, I can't say what they are.

IO can request visa number for an adjudicated 485 if the PD is current at that time, and there is no overriding memo by DOS. I feel that even for next demand data, we won't see big numbers unless DOS sends a memo in between to USCIS informing that they are going to block visa number demand for PD greater than a certain date, in their software which assigns visa numbers upon demand. Otherwise numbers would never creep up in demand data.

I think that frankly, this might be followed by a period of pause, and then retrogression. I do not think there will be abrupt retrogression in next visa bulletin itself.

I also think chances of movement in next visa bulletin are very thin. CO did not put any comments this time in the VB.

Really feel for folks on 1st May 2010 onwards, but guys, remember that if really demand destruction is high, you guys won't face as much of a frustrating wait as we folks did, in amount of 4-5 years. But a headwind for you will be the improving economy.

ps: This is also great news for December 2011 EB2IC filers, especially from NSC, and even TSC for that matter. We got two more months now for adjudication leading to a approval.

[jackbrown_890]

congratulations to people with PD April 30th and b4

[fedupwithgc]

March VB moved only 4 months to May 1 2010 compared to 6 months prediction by CO. Looks like a stall or retrogression is on the way. I wonder how far the dates will be pushed back in 2008. Demand data is not helpful compared to 485 Inventory.

[codesmith]

Congratulation to all Jan-Apr 2010 guys.
Now the next task : How much retrogress..

[suninphx]

4 months movement this time. My friend who got NVC receipt (PD Apr 29, 2010) can not believe his luck! Congratulations every one who are current.

[mysati]

Congrats to all who are current!

One thing to note in this VB, unlike in the past few VBs, there are no predictions of any sought, interesting!

Maybe they are leaving all options open! We can all keep speculating until next VB :D

[Kanmani]

CONGRATULATIONS !!!!!

03/04/10 - sudkal33
03/11/10 - cricfan
03/18/10 - asankaran
03/15/10 - gkjppp
03/19/10 - The Legend
03/31/10 - smuggymba
04/01/10 - immiindia
04/19/10 - Harapatta

[nishant2200]

I agree. Anything can happen, nothing is certain.


Congrats to all who are current!

One thing to note in this VB, unlike in the past few VBs, there are no predictions of any sought, interesting!

Maybe they are leaving all options open! We can all keep speculating until next VB :D

[smuggymba]

I'm current....yayyyyyyyyyyyyyyyyyyyyyyyyy!!!!!!

[sdesh005]

Latest Demand Data:

http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

[smuggymba]

Thanks Kammani


CONGRATULATIONS !!!!!

03/04/10 - sudkal33
03/11/10 - cricfan
03/18/10 - asankaran
03/19/10 - The Legend
03/31/10 - smuggymba
04/01/10 - immiindia
04/19/10 - Harapatta

[qesehmk]

skpand - BOW to you. Looks like you are the first one to find it out. How do you guys do it amazes me!!

On another note - only 4 months movement does mean CO probably expects to see increased demand in March. We will see. Anyway .. but congrats to those current. File 485 ASAP. Do not waste time.


01MAY10 for india and china

http://travel.state.gov/pdf/visabulletin/visabulletin_March2012.pdf

Congratulations to all who are current!!

[skpanda]

Thanks Q!!

well a little bit of guess work... as to what the URL could be..

Normally i do not do this but i was eagerly waiting for the VB (My PD is Dec 2010).

I am not current.. but i am very happy for our brothers and sisters in Jan-Apr 2010.

I know mera number ayega (my number will come) if not this year.. may be in Oct 2013 or 2014.

Good luck to all!


skpand - BOW to you. Looks like you are the first one to find it out. How do you guys do it amazes me!!

On another note - only 4 months movement does mean CO probably expects to see increased demand in March. We will see. Anyway .. but congrats to those current. File 485 ASAP. Do not waste time.

[mesan123]

but i dont see visa bulletion yet in that page...

[Karma1979]

Congrats to all who are current!

One thing to note in this VB, unlike in the past few VBs, there are no predictions of any sought, interesting!

Maybe they are leaving all options open! We can all keep speculating until next VB :D
I think someone played a prank. March bulletin is not out yet.

[nishant2200]

but i dont see visa bulletion yet in that page...

It will come, do not worry.

[nishant2200]

I think someone played a prank. March bulletin is not out yet.

No, this happens many times. They put the pdf on their web-server first, before making live the webpage. the pdf link is going through their webserver url. it's not a spoof.

[mesan123]

Then good...i can congralulate my close friend....wanted to make sure it is correct one thatz all :) ...as visa buletions are nere breaking for people who are waiting...


It will come, do not worry.

[nishant2200]

Then good...i can congralulate my close friend....wanted to make sure it is correct one thatz all :) ...as visa buletions are nere breaking for people who are waiting...

Yes, unfortunately my best friend, is August 2010, he missed it. I really wanted to call and congratulate him. There will always be someone on the boundary line for categories which are not current, and it's a horrible feeling to be one.

[ChampU]

No, this happens many times. They put the pdf on their web-server first, before making live the webpage. the pdf link is going through their webserver url. it's not a spoof.

The OPM has announced unscheduled telework for D.C. area employees..I had posted this earlier, but deleted it as I saw the DD. Could this be the reason for the delay?

http://www.opm.gov/status/index.aspx

[march272010]

Became current atlast. I am quite lucky, left manager promotion and struggled to find a contractor job...file future employment and quite a hiccups in h1 transfers...140 approval nightmares..just waited 1 1/2 year to become current..thanks all ..

[operas]

Thanks Q!!

well a little bit of guess work... as to what the URL could be..

Normally i do not do this but i was eagerly waiting for the VB (My PD is Dec 2010).

I am not current.. but i am very happy for our brothers and sisters in Jan-Apr 2010.

I know mera number ayega (my number will come) if not this year.. may be in Oct 2013 or 2014.

Good luck to all!

Thanks skpanda.. finally Im current after a 7 year period.. All the best, I hope your number comes very soon.

[gkjppp]

Hi Guys,

I think i should change my signature.... wow... great releif.

[The Legend]

Thanks Kanmani!

[gcseeker]

Congratulations to all those who got Current !!! Enjoy the Electrifying feeling and file your 485's asap.

[soggadu]

congratulations folks...see you all in post 485 thread soon....

[zenmaster]

Congratulations to
03/04/10 - sudkal33
03/11/10 - cricfan
03/18/10 - asankaran
03/19/10 - The Legend
03/31/10 - smuggymba
04/01/10 - immiindia
04/19/10 - Harapatta

and all others who got current.
As everyone has said, please do file ASAP...

[TeddyKoochu]

CONGRATULATIONS !!!!!

03/04/10 - sudkal33
03/11/10 - cricfan
03/18/10 - asankaran
03/19/10 - The Legend
03/31/10 - smuggymba
04/01/10 - immiindia
04/19/10 - Harapatta
Adding - gkjppp
Congratulations to everyone who became current. Looking at the 4 months movement this time this seems to be the last bus for the year, so by all means everyone who is current should try to file by 31st Mar. The demand data does not provide any meaningful insight except that the adjudication of new applications is quite slow.

[imdeng]

Congratulations everyone who became current. CO has really exceeded our wildest expectations this FY. We should send him a card or something :-)

Folks - if you are current - push your 485 through as soon as possible. I think this is it for movement this FY - we might stagnate for a month or two and then retrogress to middle of 2008 - so move quickly.

[Prabhas]

Congrats to all who got current with this bulletin.

Sportsfan!!! You the Man. For now I believe you got the best insider information and you predicted it just right from your lawyers words that it will move by a few months may be till May-2010. I couldn't skim through the thread to pick that post but I am sure this was what you said. May be it is time for another visit to see your lawyer ;):D

[cricfan]

CONGRATULATIONS !!!!!

03/04/10 - sudkal33
03/11/10 - cricfan
03/18/10 - asankaran
03/15/10 - gkjppp
03/19/10 - The Legend
03/31/10 - smuggymba
04/01/10 - immiindia
04/19/10 - Harapatta

Thanks Kanmani !!!!

[Spectator]

Adding - gkjppp
Congratulations to everyone who became current. Looking at the 4 months movement this time this seems to be the last bus for the year, so by all means everyone who is current should try to file by 31st Mar. The demand data does not provide any meaningful insight except that the adjudication of new applications is quite slow.Teddy,

As I have tried to point out before (http://www.qesehmk.org/forums/showthread.php?649-What-Does-the-Demand-Data-Represent), the Demand Data won't tell us anything until the dates retrogress, since no adjudications will appear in it until then.

There could be 10,000 approvals and it wouldn't appear in the DD while the dates are current.

[asankaran]

Thanks to everyone for your wishes!! It has been a wild ride. I wish everyone waiting for PD, all the very best. Just hang in there. Also, we need to continue to work on HR 3012 so that all of us are treated fairly and we can focus on our career and life.

Congratulations to
03/04/10 - sudkal33
03/11/10 - cricfan
03/18/10 - asankaran
03/19/10 - The Legend
03/31/10 - smuggymba
04/01/10 - immiindia
04/19/10 - Harapatta

and all others who got current.
As everyone has said, please do file ASAP...

[Prabhas]

Congrats to all those got current with this bulletin.

Sportsfan!!! You the man. You predicted it just right from your lawyer's words that this bulletin will move by a few months and probably to May-2010. I couldnt skim through this thread to find that post but I am sure you said that. May be its time for another visit to your lawyer!;):D

[mesan123]

Congrats to all people below and congrats to gkjppp ....

Congratulations to
03/04/10 - sudkal33
03/11/10 - cricfan
03/18/10 - asankaran
03/19/10 - The Legend
03/31/10 - smuggymba
04/01/10 - immiindia
04/19/10 - Harapatta

and all others who got current.
As everyone has said, please do file ASAP...

[mesan123]

Better apply by March 31st...never know...CO may retrogress in april also if demand goes higher( as it will be 4 months from the time movement started)....all people dont miss your turn :) ...i know you guys will be nailing down your lawyers...


Congratulations everyone who became current. CO has really exceeded our wildest expectations this FY. We should send him a card or something :-)

Folks - if you are current - push your 485 through as soon as possible. I think this is it for movement this FY - we might stagnate for a month or two and then retrogress to middle of 2008 - so move quickly.

[TeddyKoochu]

Teddy,

As I have tried to point out before (http://www.qesehmk.org/forums/showthread.php?649-What-Does-the-Demand-Data-Represent), the Demand Data won't tell us anything until the dates retrogress, since no adjudications will appear in it until then.

There could be 10,000 approvals and it wouldn't appear in the DD while the dates are current.

Spec completely agree. Thanks for the link very good information.

[fedupwithgc]

My PD is Jul 2008 and I hope to get my GC this FY and retrogression doesnt happen beyond that...I have been waiting for 10 years and this year will be an interesting one...:D

[needid]

I think it atleast conveys out of 1600 pre-2006 apps, nothing left except 55. There could be apps that did not get pre adjudicated even after 4 years, Can we consider them as abandoned.


Spec completely agree. Thanks for the link very good information.

[sweta.shetty]

based on the current trend, is it expected no movement in coming months and the movement will start again by oct 2012?

[delguy]

I dont think there will be any movement now for next 2 years. The pipeline is now full for next 2 years and the new one will be built once this one empties out.


based on the current trend, is it expected no movement in coming months and the movement will start again by oct 2012?

[bee369]

It's under Archives, the main page is still yet to be updated.

you can see official bulletin here : http://www.travel.state.gov/visa/bulletin/bulletin_5664.html

[bieber]

based on the current trend, is it expected no movement in coming months and the movement will start again by oct 2012?
I think we have to wait for retrogression and next inventory data to predict that

[fudge-it]

Yes. I read the Spec's post on Demand data. Very useful information.
But is there way to know how much visa numbers have been used up for the year 12? I'm not sure, if I could gain anything from it. But will at least know whats left and the chances are,,,

[Chilli19]

man.. i missed it by 26 days.already lost one PD due to stuck up in india with 221(g) and again i missed the boat by 26 days. i donno when i can make it to EAD. facing lots of problems with h1b extensions and its been more than 7 yrs now.

[Kanmani]

No clue left for future Visa availability or retrogression .

I have a feeling that somewhere somebody is gathering informations from forums and updating CO!!!!

[gkjppp]

Adding - gkjppp
Congratulations to everyone who became current. Looking at the 4 months movement this time this seems to be the last bus for the year, so by all means everyone who is current should try to file by 31st Mar. The demand data does not provide any meaningful insight except that the adjudication of new applications is quite slow.

Thanks Teddy , adding me to the list.

[Spectator]

Yes. I read the Spec's post on Demand data. Very useful information.
But is there way to know how much visa numbers have been used up for the year 12? I'm not sure, if I could gain anything from it. But will at least know whats left and the chances are,,,You can try this (http://www.qesehmk.org/forums/showthread.php?181-Trackitt-Comparison-FY2012-vs.-FY2011).

Remember to look at the trends rather than the absolute figures. It is not a very exact science.

[rasknorr]

Thanks Teddy , adding me to the list.

Congratulations and all who are current!!! Enjoy your moment.. and don't miss to apply to 485.

[nishant2200]

It's under Archives, the main page is still yet to be updated.

you can see official bulletin here : http://www.travel.state.gov/visa/bulletin/bulletin_5664.html

:D

dude it seems you found a bug. Seems like they put in archives by mistake, or do they always put even the upcoming visa bulletin in archives. in any case, it makes really no sense to see upcoming visa bulletin not published on main page, but put in archives already.

[eb2ODer]

Hi Spectator,

Please comment on FY 2011 numbers. I am not sure if the actual numbers were updated based on Jan 2012 data - what is the source awaited?

>> I have shown cumulative approvals based on the % that was correct for FY2011 (it will be corrected when the actual figures are available in Jan 2012).



You can try this (http://www.qesehmk.org/forums/showthread.php?181-Trackitt-Comparison-FY2012-vs.-FY2011).

Remember to look at the trends rather than the absolute figures. It is not a very exact science.

[bangaloreboy]

Congratulations to all who became current!
As for myself, I missed it by 2 months... :(

[nishant2200]

Its finally up on main page
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

[vishnu]

Not sure what to make of this bulletin - since we heard CO saying that a min of 6 months is expected, and he now moves it only 4 months, what information could he have received in the intermediate stage? Perhaps USCIS saying, over the past couple of days, they are overwhelmed with filings for 2009?

[fedupwithgc]

Not sure what to make of this bulletin - since we heard CO saying that a min of 6 months is expected, and he now moves it only 4 months, what information could he have received in the intermediate stage? Perhaps USCIS saying, over the past couple of days, they are overwhelmed with filings for 2009?

I think CO is getting ready to stall or retrogress...

[vishnu]

I am inclined to agree - particularly on the stalling part. Bummer! I am Sep 2010

[Spectator]

Hi Spectator,

Please comment on FY 2011 numbers. I am not sure if the actual numbers were updated based on Jan 2012 data - what is the source awaited?

>> I have shown cumulative approvals based on the % that was correct for FY2011 (it will be corrected when the actual figures are available in Jan 2012).eb2ODer,

I am waiting for the DOS Visa Statistics for FY2011 so that I know the exact number of visas issued in FY2011.

Last year, the statistics were released in January - they are late this year.

[imdeng]

Even if you miss it this FY, you will get it in Q1FY13 with QSP since you are right on the border - retrogression will not make more than a few months difference to you.

My PD is Jul 2008 and I hope to get my GC this FY and retrogression doesnt happen beyond that...I have been waiting for 10 years and this year will be an interesting one...:D

[srimurthy]

Awesome explanation as usual

Teddy,

As I have tried to point out before (http://www.qesehmk.org/forums/showthread.php?649-What-Does-the-Demand-Data-Represent), the Demand Data won't tell us anything until the dates retrogress, since no adjudications will appear in it until then.

There could be 10,000 approvals and it wouldn't appear in the DD while the dates are current.

[imdeng]

Yup - this the problem with the high level of inventory building in this batch - once we retrogress, we will not touch these PDs until the inventory depletes significantly - and that may take a couple years unless HR3012 comes into play. 2010 happens to be significantly more dense and an improving economy might hit spillovers too - further increasing the delay.

I dont think there will be any movement now for next 2 years. The pipeline is now full for next 2 years and the new one will be built once this one empties out.

[srimurthy]

Me too from Sep, and was expecting to file for EAD that would be helpful for spouse. I guess we have to wait for a year to more now.

I am inclined to agree - particularly on the stalling part. Bummer! I am Sep 2010

[imdeng]

Just to emphasize the point - when we started the spillover season about 10 months back, the EB2I PD was 06-May-2006 - and today, 10 months later, it is 01-May-2010. A 4 year movement in 10 months (and we still may have more)!!

I am sure none of us, in our wildest dreams, imagined this!

[mesan123]

But one good note...as it didnt move for one year...the retrogress will not be very bad....as both 2008 and 2009 have less counts...and we also know huge data is there in later part of 2010 than in early part...so next time the dates move we all can apply...i hope they will start moving again in 1 or 1 1/2 year.....i know its is wait.....but guys think in a positive note( we are not waiting for 4 years like 2007 folks(sep 2007 to dec 2007). ).....


Yup - this the problem with the high level of inventory building in this batch - once we retrogress, we will not touch these PDs until the inventory depletes significantly - and that may take a couple years unless HR3012 comes into play. 2010 happens to be significantly more dense and an improving economy might hit spillovers too - further increasing the delay.

[qesehmk]

...we will not touch these PDs until the inventory depletes significantly - and that may take a couple years unless HR3012 comes into play. ....
That's a great point. That is the reason it's critical that people who are current file 485 since more than likely they are not going to be current for next 2-3 years unless their PD is in 2008 or HR 3012 becomes law.

[codesmith]

But one good note...as it didnt move for one year...the retrogress will not be very bad....as both 2008 and 2009 have less counts...and we also know huge data is there in later part of 2010 than in early part...so next time the dates move we all can apply...i hope they will start moving again in 1 or 1 1/2 year.....i know its is wait.....but guys think in a positive note( we are not waiting for 4 years like 2007 folks(sep 2007 to dec 2007). ).....

Mesan,
Loved your optimism as well as balanced and logical approach.
I know many people who get frustrated and blame it on everything even though they filed as late as Dec 10 or 11.
Let wisdom prevail.. :)

[srividya]

looks movement slowed. Not stalled.
No comments in the bulletin so guessing game continues to next month.

Jan 12 Inventory was 30K for EB2 (ROW-12K, China-3.5K India-13K, Phillppines-1K Mexico-0.5k).

Most likely cases with PD After 2008 March 15th Data not captured into this report.

so Most likely March'2008 to April'2010 we expect another 20K minimum.

Points to Note for Analysis:
1> Due to increased PERM audits we see weakening ROW demand. This may be temporarily, Once A Person decided to go for GC he will find a way, bottlenecks may delay a bit, how ever this may be good for EB2 I&C with Approved PERM's
2>As per CO discussion with AILA by this time 40% of this year Quota is already consumed. so accordingly part of this year spillover is already consumed. with 50K EB2 inventory(includes 20K from March'2008 to April 2010). further movement may be difficult. Only reason they can move is to make immigrant community groups happy before election.
3> we may see EB3 to EB2 porting cases surge again with EB3 PD late 2006 to 2007, people get motivated to port once their counterpart EB2 becomes current. before that it is difficult to talk to HR about porting as they already has EAD.
4> Low filling/Demand/Inventory may be artificial due to various reasons like below
people filing slowly knowing their date is current next month also,
Inventory report account for the cases in process. after sending Receipt Notices may be some more pre stepts needed???? this is speculation what ever we have 2009 cases in the report
Dependent cases may be missing as pointed by other due to incorrect priority date

[mesan123]

Thank you codesmith.....just wanted to be realestic :)....


Mesan,
Loved your optimism as well as balanced and logical approach.
I know many people who get frustrated and blame it on everything even though they filed as late as Dec 10 or 11.
Let wisdom prevail.. :)

[mesan123]

nice link...moderators can remove this ...just thought of sharing...not related to EB2 calculations...(found this in track it)

http://reason.com/assets/db/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

Edited By Q - with apologies to Mesan. This is a great image to educate people who rail on immigrants. Showing it inline here from the same site mentioned above.
219

[nishant2200]

beautiful. story of my life and many others like me!


nice link...moderators can remove this ...just thought of sharing...not related to EB2 calculations...(found this in track it)

http://reason.com/assets/db/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

Edited By Q - with apologies to Mesan. This is a great image to educate people who rail on immigrants. Showing it inline here from the same site mentioned above.
219

[mesan123]

No apologies Q...you made it better....i didnt know how to paste....so shared the link...it looked like most of our lives :)( like nishanth mentions... ghar ghar ki kahani :) )


nice link...moderators can remove this ...just thought of sharing...not related to EB2 calculations...(found this in track it)

http://reason.com/assets/db/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

Edited By Q - with apologies to Mesan. This is a great image to educate people who rail on immigrants. Showing it inline here from the same site mentioned above.
219

[rasknorr]

http://reason.com/assets/db/07cf533ddb1d06350cf1ddb5942ef5ad.jpg[/URL]

Edited By Q - with apologies to Mesan. This is a great image to educate people who rail on immigrants. Showing it inline here from the same site mentioned above.
219

Fantastic. You guys rock..

[qriousjunta]

nice link...moderators can remove this ...just thought of sharing...not related to EB2 calculations...(found this in track it)

http://reason.com/assets/db/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

Edited By Q - with apologies to Mesan. This is a great image to educate people who rail on immigrants. Showing it inline here from the same site mentioned above.
219


Too good, but true.
On a serious note : did any one try to apply I-824 and convert to CP?

[harapatta]

Thanks to everyone for your kind wishes and all the very best to all of you. Never thought that I will be current in 2012. This is a great forum and brought sanity to my daily life. Special thanks to guru for you calculations and time.

[veni001]

CONGRATULATIONS !!!!!

03/04/10 - sudkal33
03/11/10 - cricfan
03/18/10 - asankaran
03/19/10 - The Legend
03/31/10 - smuggymba
04/01/10 - immiindia
04/19/10 - Harapatta


Adding - gkjppp


Congratulations to every one who will be current in March 2012. Get the documents ready and file as early as possible.

We should know by second week in March if EB2IC dates are going to hold to March cut-off date or retro.

[Reader]

Friends, please help me with this question.

I have already filed 485 for my wife who is the derivative on my application. Even though her LCA was amended, the H1 petition was not amended and she worked for 1.5 years back in 2008. I am not sure whether missing the H1 amendment may be considered as technical violation and does not hold against the employee. Just to avoid all the issues, can she travel to her home country and come back in H4 now.

Does it really help even if the last lawful admission is after the 485 filing or it should have been done before filing?

[shaisri]

We are caught in a very unfortunate situation. if someone can help/guide us , we will be very grateful

my husband has a approved I-140 on EB2 with PD 01/07/2010. While we were joyously waiting to be current in the march bulletin, his dad passed away and he had
to leave for india to perform the last rites. because of this travel, he had to go for h1-b stamping and he was given a 221g pink form, no documents asked at the chennai
consulate last week (visa approved pending admin processing)

now he is stuck in india and our only hope is that his clearance will come before march 15th atleast so that we can try and file. are there any other options for us?

I have a valid h1-b, can my husband come back to the US on H4 and still file for AOS?
Also, if the clearance does not come by this month end, should we look into consular processing?

does anyone have ideas on current processing time for administrative processing at chennai,india. he has a non-muslim name and does not work in the TAL area, if any
of this matters. he is a regular IT guy working for a non-consulting company.

Any help is appreciated.

Thanks
Shaisri

[gcoracle]

Shaisri, so sorry to hear the bad phase you guys are going through. March bulletin is the beginning of good news for you guys. Your husband will receive his passport most likely in two weeks (saw several such cases on trackitt). IMO the dates will stay put even in April bulletin and I personally do not recommend changing to H4 and moving to consular processing will take at least 6 months . Please take your attorney's advice.


We are caught in a very unfortunate situation. if someone can help/guide us , we will be very grateful

my husband has a approved I-140 on EB2 with PD 01/07/2010. While we were joyously waiting to be current in the march bulletin, his dad passed away and he had
to leave for india to perform the last rites. because of this travel, he had to go for h1-b stamping and he was given a 221g pink form, no documents asked at the chennai
consulate last week (visa approved pending admin processing)

now he is stuck in india and our only hope is that his clearance will come before march 15th atleast so that we can try and file. are there any other options for us?

I have a valid h1-b, can my husband come back to the US on H4 and still file for AOS?
Also, if the clearance does not come by this month end, should we look into consular processing?

does anyone have ideas on current processing time for administrative processing at chennai,india. he has a non-muslim name and does not work in the TAL area, if any
of this matters. he is a regular IT guy working for a non-consulting company.

Any help is appreciated.

Thanks
Shaisri

[qesehmk]

IMhO it should reflect poorly on employer rather than employee who is the beneficiary. More than likely this shouldn't affect negatively.

Friends, please help me with this question.
I have already filed 485 for my wife who is the derivative on my application. Even though her LCA was amended, the H1 petition was not amended and she worked for 1.5 years back in 2008. I am not sure whether missing the H1 amendment may be considered as technical violation and does not hold against the employee. Just to avoid all the issues, can she travel to her home country and come back in H4 now.

Does it really help even if the last lawful admission is after the 485 filing or it should have been done before filing?


We are caught in a very unfortunate situation. if someone can help/guide us , we will be very grateful

my husband has a approved I-140 on EB2 with PD 01/07/2010. While we were joyously waiting to be current in the march bulletin, his dad passed away and he had
to leave for india to perform the last rites. because of this travel, he had to go for h1-b stamping and he was given a 221g pink form, no documents asked at the chennai
consulate last week (visa approved pending admin processing)

now he is stuck in india and our only hope is that his clearance will come before march 15th atleast so that we can try and file. are there any other options for us?

I have a valid h1-b, can my husband come back to the US on H4 and still file for AOS?
Also, if the clearance does not come by this month end, should we look into consular processing?

does anyone have ideas on current processing time for administrative processing at chennai,india. he has a non-muslim name and does not work in the TAL area, if any
of this matters. he is a regular IT guy working for a non-consulting company.

Any help is appreciated.

Thanks
Shaisri

Shaisri, very sorry for your loss. Your husband can file CP and you can file 485. However that is not the long term solution since he has a job to do. Generally this situation should resolve in 2 weeks. But if it doesn't then unfortunately H4 also will run into the same problem since technically he can enter on H4 and then adjust status to H1 here in US based on 797. So usually the consulates would not approve his H4 as well. Don/'t mean to scare you ... morethan likely you guys will be ok in 2-3 weeks and he can come back. Meanwhile get your medicals donea and keep the package ready. All the best!

[bee369]

Hi Gurus, my PD is Apr 2010 and getting ready with documents, don't have BC but got affidavits from both parents. Do I need to have non-availability from govt agency ? Is that mandatory ? If so from whom plz ?
I born in a small village and my parents moved from there. My parents r here in USA for visiting ?

Please advise what should I do get that non availability if required plz ?

[imdeng]

You do need either a BC or a NABC. There are lots of details on what to do and how to do that in the Birth Certificate thread on this forum. Specifically, there are several sites that will get a BC/NABC for you from India for a fee.

Hi Gurus, my PD is Apr 2010 and getting ready with documents, don't have BC but got affidavits from both parents. Do I need to have non-availability from govt agency ? Is that mandatory ? If so from whom plz ?
I born in a small village and my parents moved from there. My parents r here in USA for visiting ?

Please advise what should I do get that non availability if required plz ?

[bee369]

Hi Gurus, my PD is Apr 2010 and getting ready with documents, don't have BC but got affidavits from both parents. Do I need to have non-availability from govt agency ? Is that mandatory ? If so from whom plz ?
I born in a small village and my parents moved from there. My parents r here in USA for visiting ?

Please advise what should I do get that non availability if required plz ?

Can you point me some posts plz ?

[Umesh1209]

Hi Shaisri,

Very sorry to hear your situation.

Me and my wife visited India last Feb. My H1b was approved while she got a 221G. Both of us work for a U.S company(different though). Based on my experience and the experience of other friends, 221G should NOT take more than 2-3 weeks. I know it is frustrating but keep your hopes alive.

Mean while ask you husband's attorney to reach out to USCIS. My wife did this and we got a response with in 4 days. I am not sure it helped but atleast it is worth a try.

Regards,
Umesh

[tackle]

Can you point me some posts plz ?

See BC links in my signature.

[Reader]

Friends, please help me with this question.

I have already filed 485 for my wife who is the derivative on my application. Even though her LCA was amended, the H1 petition was not amended and she worked for 1.5 years back in 2008. I am not sure whether missing the H1 amendment may be considered as technical violation and does not hold against the employee. Just to avoid all the issues, can she travel to her home country and come back in H4 now.

Does it really help even if the last lawful admission is after the 485 filing or it should have been done before filing?

Please suggest if it is worth travelling to India and enter in H4 just in case if it helps later as there is no clear information on whether they consider the last admission before filing 485 or at the time of adjudication.

[suninphx]

Please suggest if it is worth travelling to India and enter in H4 just in case if it helps later as there is no clear information on whether they consider the last admission before filing 485 or at the time of adjudication.

AFAIK there is no agreement between lawyers as to when H1 amendment is necessary Vs only LCA would suffice. And depednds on case to case basis. I know for the fact many big Indian MNCs only file new LCA. But in my opinion you should consult with your attorney and take informed decision.

[kd2008]

http://www.trackitt.com/usa-immigration-trackers/discuss/i485-eb/26222

This one got approved just now.
User: byte64
Nationality: India
Country of Chargeability: India
Applicant Type: primary
Service Center: Dallas
Category: EB2
Priority Date: 08 Feb 2008
Application Filed: 01 Dec 2011
I-485 Status: approved
I-485 Approval/Denial Date: 09 Feb 2012

[suninphx]

http://www.trackitt.com/usa-immigration-trackers/discuss/i485-eb/26222

This one got approved just now.
User: byte64
Nationality: India
Country of Chargeability: India
Applicant Type: primary
Service Center: Dallas
Category: EB2
Priority Date: 08 Feb 2008
Application Filed: 01 Dec 2011
I-485 Status: approved
I-485 Approval/Denial Date: 09 Feb 2012


Sweet.......!!!

[funnysummer2005]

Hi all- I am faced with a situations and posting here so I can get the experts opinions and also this may help others facing similar situation.

I am about to apply for aos- the whole package, adjustment of stautus, ead, and advance parole. I intend it travel a few days after applying. That is not problem. As I maintain valid h1b status, there is no issue in traveling. However, here is the catch. My lawyer said, that in order to travel after applying for aos but before receiving approval for advance parole, I should not apply for advance parole. If I leave before receiving approval on advance parole then application will be denied. I can leave the country, but if I want to do so before I receive advance parole approval (which generally takes a few months), then I should not apply for advance parole and instead just travel on h1b.

Any thoughts.? I really want to apply for advance parole as that would not bind my to current employer for travel incase something unfortunate were to happen with job. Ead is no problem.

So what I gather is, if you are invalid h1 b status, then yes you can leave the country with or without applying for advance parole. But if you are in h1b and want to leave the country and want to apply for advance parole. Then you can only leave after advance parole has been approved. I out of want to leave before the time it takes to get approval, then you should not apply for advance parole at all.

Help will be greatly appreciated.

Thanks,

[kd2008]

Sweet.......!!!

Quite a few dec approvals from Texas now

http://www.trackitt.com/member/mjkcy

http://www.trackitt.com/member/srinipk

[imdeng]

I think your lawyer is being super conservative. I don't think your travel on H1B has any effect on your EAD/AP application. I have not heard of anyone's 485 being denied because if traveling after filing for AoS. Just my opinion.

Hi all- I am faced with a situations and posting here so I can get the experts opinions and also this may help others facing similar situation.

I am about to apply for aos- the whole package, adjustment of stautus, ead, and advance parole. I intend it travel a few days after applying. That is not problem. As I maintain valid h1b status, there is no issue in traveling. However, here is the catch. My lawyer said, that in order to travel after applying for aos but before receiving approval for advance parole, I should not apply for advance parole. If I leave before receiving approval on advance parole then application will be denied. I can leave the country, but if I want to do so before I receive advance parole approval (which generally takes a few months), then I should not apply for advance parole and instead just travel on h1b.

Any thoughts.? I really want to apply for advance parole as that would not bind my to current employer for travel incase something unfortunate were to happen with job. Ead is no problem.

So what I gather is, if you are invalid h1 b status, then yes you can leave the country with or without applying for advance parole. But if you are in h1b and want to leave the country and want to apply for advance parole. Then you can only leave after advance parole has been approved. I out of want to leave before the time it takes to get approval, then you should not apply for advance parole at all.

Help will be greatly appreciated.

Thanks,

[imdeng]

Excellent. Several approvals with 2008 PD now. Good to see TSC speeding up a bit.

Quite a few dec approvals from Texas now

http://www.trackitt.com/member/mjkcy

http://www.trackitt.com/member/srinipk

[Spectator]

Some statistics for Primary EB2-I cases added to Trackitt from October 2011 onwards to date.

-- VB -------
Pre October -- 28 cases -- 7 approved
October VB -- 121 cases - 44 approved
November VB - 350 cases - 40 approved
December VB - 386 cases -- 5 approved
January VB -- 383 cases -- 0 approved
February VB -- 98 cases -- 0 approved

Total ----- 1,366 cases - 96 approved


Cases by Service Center

Nebraska --- 475
Texas ------ 854
California -- 17
Vermont ----- 20

Total ---- 1,366


Approvals by Service Center

Nebraska ---- 48
Texas ------- 48
California --- 0
Vermont ------ 0

Total ------- 96


Approvals Post July 2007

Aug-07 -- 10
Sep-07 -- 12
Oct-07 -- 13
Nov-07 --- 0
Dec-07 --- 1
Jan-08 --- 3
Feb-08 --- 1

Total --- 40

of which 33 are from Nebraska and 7 are from Texas

[suninphx]

Some statistics for Primary EB2-I cases added to Trackitt from October 2011 onwards to date.

-- VB -------
Pre October -- 28 cases -- 7 approved
October VB -- 121 cases - 44 approved
November VB - 350 cases - 40 approved
December VB - 386 cases -- 5 approved
January VB -- 383 cases -- 0 approved
February VB -- 98 cases -- 0 approved

Total ----- 1,366 cases - 96 approved


Cases by Service Center

Nebraska --- 475
Texas ------ 854
California -- 17
Vermont ----- 20

Total ---- 1,366


Approvals by Service Center

Nebraska ---- 48
Texas ------- 48
California --- 0
Vermont ------ 0

Total ------- 96


Approvals Post July 2007

Aug-07 -- 10
Sep-07 -- 12
Oct-07 -- 13
Nov-07 --- 0
Dec-07 --- 1
Jan-08 --- 3
Feb-08 --- 1

Total --- 40

of which 33 are from Nebraska and 7 are from Texas

When I checked on Trackitt it shows 126 caes for Feb VB. (against 98 you have mentioned here). So there are many duplicates I assume?

[usernameisnotvalid]

"If I leave before receiving approval on advance parole then application will be denied."

What application? According to my lawyer, only "advanced parole application" will be denied.


I think your lawyer is being super conservative. I don't think your travel on H1B has any effect on your EAD/AP application. I have not heard of anyone's 485 being denied because if traveling after filing for AoS. Just my opinion.

[qesehmk]

may be imdeng misunderstood.

While what the lawyer is saying may be a true practice by USCIS; I don't see the logical basis of cancelling AP application. All that candidate says while applying for AP is that the candidate wishes to travel and come back to US on AOS status without the need of a visa. So if the candidate goes outside of US then he/she is taking the risk on finding another avenue of returning to the US. I just don't understand any need for USCIS to cancel the AP application.


"If I leave before receiving approval on advance parole then application will be denied."

What application? According to my lawyer, only "advanced parole application" will be denied.

[PlainSpeak]

Hi all- I am faced with a situations and posting here so I can get the experts opinions and also this may help others facing similar situation.

I am about to apply for aos- the whole package, adjustment of stautus, ead, and advance parole. I intend it travel a few days after applying. That is not problem. As I maintain valid h1b status, there is no issue in traveling. However, here is the catch. My lawyer said, that in order to travel after applying for aos but before receiving approval for advance parole, I should not apply for advance parole. If I leave before receiving approval on advance parole then application will be denied. I can leave the country, but if I want to do so before I receive advance parole approval (which generally takes a few months), then I should not apply for advance parole and instead just travel on h1b.

Any thoughts.? I really want to apply for advance parole as that would not bind my to current employer for travel incase something unfortunate were to happen with job. Ead is no problem.

So what I gather is, if you are invalid h1 b status, then yes you can leave the country with or without applying for advance parole. But if you are in h1b and want to leave the country and want to apply for advance parole. Then you can only leave after advance parole has been approved. I out of want to leave before the time it takes to get approval, then you should not apply for advance parole at all.

Help will be greatly appreciated.

Thanks,

Once you apply for AOS (485) if you leave the country and enter without an AP you are abandoning your AOS according to the law. So the question whether you need to apply for AP or not is moot because you certainly need to apply for AP and use that to enter back into the country. If you apply for 485 and enter on H1B you will have abandoned your AOS. You can always come back on AP and if you continue working for the same company you can use your H1B, but you need AP to enter back into the country.

[fedupwithgc]

Some statistics for Primary EB2-I cases added to Trackitt from October 2011 onwards to date.

-- VB -------
Pre October -- 28 cases -- 7 approved
October VB -- 121 cases - 44 approved
November VB - 350 cases - 40 approved
December VB - 386 cases -- 5 approved
January VB -- 383 cases -- 0 approved
February VB -- 98 cases -- 0 approved

Total ----- 1,366 cases - 96 approved


Cases by Service Center

Nebraska --- 475
Texas ------ 854
California -- 17
Vermont ----- 20

Total ---- 1,366


Approvals by Service Center

Nebraska ---- 48
Texas ------- 48
California --- 0
Vermont ------ 0

Total ------- 96


Approvals Post July 2007

Aug-07 -- 10
Sep-07 -- 12
Oct-07 -- 13
Nov-07 --- 0
Dec-07 --- 1
Jan-08 --- 3
Feb-08 --- 1

Total --- 40

of which 33 are from Nebraska and 7 are from Texas

Thanks a lot for the analysis.

[ChampU]

may be imdeng misunderstood.

While what the lawyer is saying may be a true practice by USCIS; I don't see the logical basis of cancelling AP application. All that candidate says while applying for AP is that the candidate wishes to travel and come back to US on AOS status without the need of a visa. So if the candidate goes outside of US then he/she is taking the risk on finding another avenue of returning to the US. I just don't understand any need for USCIS to cancel the AP application.

If some1 has a EAD/AP combo card in hand and yet wants to maintain the H1 status, should he/she get the H1 visa stamped and use it at the Port of Entry?

I heard they are handing out a lot of 221G forms in consulates abroad.. what if some1 with EAD/AP goes for H stamping and gets the 221G.. Can they abandon the H visa (not a wise idea, but lets assume he/she is pressed for time) application and use AP to enter the US?

[gcseeker]

IMhO it should reflect poorly on employer rather than employee who is the beneficiary. More than likely this shouldn't affect negatively.




Shaisri, very sorry for your loss. Your husband can file CP and you can file 485. However that is not the long term solution since he has a job to do. Generally this situation should resolve in 2 weeks. But if it doesn't then unfortunately H4 also will run into the same problem since technically he can enter on H4 and then adjust status to H1 here in US based on 797. So usually the consulates would not approve his H4 as well. Don/'t mean to scare you ... morethan likely you guys will be ok in 2-3 weeks and he can come back. Meanwhile get your medicals donea and keep the package ready. All the best!

Shaisri extremely sorry for your loss. Q is absolutely right in his assessment that H4 will face similar problems.I do not mean to scare you at this time , just wanted to pass on this information. Stating from 2011 H4's are also getting pink/blue slips at the consulates since many Spouses after getting rejected for H1 stamping are trying the H4 route.

Please see this example thread below on H4 getting administrative processing at chennai in Jan 2012

http://www.trackitt.com/usa-discussion-forums/h1b/888471673/h4-stamping-recieved-221g-blue-form-at-chennai-consulate

http://forum.murthy.com/index.php?/topic/20658-h4-221-g-blue-slip-administrative-processing/page__st__100


Once upon a time H4 stamping was a breeze...it no longer is. Please opt for Consular processing and if he has the facility to work from India and employer is willing to support him from there ..would be probably an better option.

H4 can still be a hailmary and if it works he can come back and do change of status back to H1 and also take care of his GC processing. However consulates are specifically clamping down on H4's who held H1's previously or whose H1 has run into stamping issues.

[kolugc]

I am planning to do that.

I have H1b extended till 2013 Jan. But I don't have a valid visa in my passport.

According to my attorney, I should take the EAD/AP to india and don't need the valid h1b stamped on my passport and so I don't need to go for visa stamping. I can return using the AP and once I am back, I can still work and maintain my h1b status as long as I don't activate my EAD. This is call "Dual intent" it seems. I loved this idea and if everything goes well, planning to travel to India after 5 long years for 3 weeks.

Please correct me if I am wrong. Its help both of us..


If some1 has a EAD/AP combo card in hand and yet wants to maintain the H1 status, should he/she get the H1 visa stamped and use it at the Port of Entry?

I heard they are handing out a lot of 221G forms in consulates abroad.. what if some1 with EAD/AP goes for H stamping and gets the 221G.. Can they abandon the H visa (not a wise idea, but lets assume he/she is pressed for time) application and use AP to enter the US?

[ChampU]

I am planning to do that.

I have H1b extended till 2013 Jan. But I don't have a valid visa in my passport.

According to my attorney, I should take the EAD/AP to india and don't need the valid h1b stamped on my passport and so I don't need to go for visa stamping. I can return using the AP and once I am back, I can still work and maintain my h1b status as long as I don't activate my EAD. This is call "Dual intent" it seems. I loved this idea and if everything goes well, planning to travel to India after 5 long years for 3 weeks.

Please correct me if I am wrong. Its help both of us..

Wait a minute, you can do that??

Based on my understanding,
when your H1B visa is stamped on your passport, the IO stamps your I-94 as "H1" and the validity of I-94 is same as the validity of your I-797/stamped visa.
when you enter the US on AP, the I-94 is stamped as a "Parolee".. The validity is the same as the validity of your EAD/AP card and you lose your H1B status.

Could some1 please advise?

[funnysummer2005]

Plainspeak- I believe you are wrong here. The Advance Parole form clearly says that, if you have a valid H1-B, then you don't even need to apply for Advance Parole at all and you can travel on that without abandoning your AOS application.

The question i have brought up is, can you apply for Advance Parole, then leave the country on valid H1-B before getting advance parole approval. what happens to your application then?




Once you apply for AOS (485) if you leave the country and enter without an AP you are abandoning your AOS according to the law. So the question whether you need to apply for AP or not is moot because you certainly need to apply for AP and use that to enter back into the country. If you apply for 485 and enter on H1B you will have abandoned your AOS. You can always come back on AP and if you continue working for the same company you can use your H1B, but you need AP to enter back into the country.

[PlainSpeak]

I am planning to do that.

I have H1b extended till 2013 Jan. But I don't have a valid visa in my passport.

According to my attorney, I should take the EAD/AP to india and don't need the valid h1b stamped on my passport and so I don't need to go for visa stamping. I can return using the AP and once I am back, I can still work and maintain my h1b status as long as I don't activate my EAD. This is call "Dual intent" it seems. I loved this idea and if everything goes well, planning to travel to India after 5 long years for 3 weeks.

Please correct me if I am wrong. Its help both of us..

You can H1B to work after entering on AP provided you are working for the same company which filed for GC.

[gcseeker]

Wait a minute, you can do that??

Based on my understanding,
when your H1B visa is stamped on your passport, the IO stamps your I-94 as "H1" and the validity of I-94 is same as the validity of your I-797/stamped visa.
when you enter the US on AP, the I-94 is stamped as a "Parolee".. The validity is the same as the validity of your EAD/AP card and you lose your H1B status.

Could some1 please advise?

Champu bhai

This was discussed sometime ago in the Post 485 thread. Your information is right that in the I-94 one gets labelled as Parolee for travel purpose only. Using your AP will not cancel your H1.

You can continue to work for your employer using your H1. Untill and unless you specifically ask for the switch to EAD and use that for working on EAD, you will continue to be on H1.

Google specifically for the Cronin memo.If you come back to work for the same employer you will not lose your H1.If you switch employers after using AP to enter you will have to use EAD and then having done the switch to EAD you will lose H1....

[PlainSpeak]

Plainspeak- I believe you are wrong here. The Advance Parole form clearly says that, if you have a valid H1-B, then you don't even need to apply for Advance Parole at all and you can travel on that without abandoning your AOS application.

The question i have brought up is, can you apply for Advance Parole, then leave the country on valid H1-B before getting advance parole approval. what happens to your application then?

Applying for parole and using it are 2 different thing. Same with EAD. you can apply for EAD/AP as many times as you want as a backup. Till you use it it does not kick in.
If AP is applied it is based on your 485 and that has nothing to do with your travel if you want to use H1B to come back. Regarding using H1B to travel i am sorry you are right you can use H1B to travel and that will not abandon your AOS. I got confused because in my case i did have an H1B but no stamp and i did not want to go to get a stamping so i used my AP.

[funnysummer2005]

Thanks q. I agree with you. thats what i don't understand. It makes no sense for USCIS to cancel AP application if i travel on valid H1-B. i already have a valid H1-B stamp, so i am not gonna have to go to the consulate and run into potential problems. I just want to apply for AP at the time of applying for AOS. This would come handy in case i were to lose my job/quit while i was overseas. On either of the situations, having an AP document would enable me to return to the States, whereas even though the duration of my H1-B would be valid, it wouldn't be able to use that to enter the country. But as i mentioned, my lawyer seems to think that, if i don't apply for AP, i can travel right away on H1-B, but if i want to apply for AP, then i must wait till the approval has come before i can travel......oh the technicalities....wondering if anyone has had such a situation...or its just me...good topic for discussion though....


may be imdeng misunderstood.

While what the lawyer is saying may be a true practice by USCIS; I don't see the logical basis of cancelling AP application. All that candidate says while applying for AP is that the candidate wishes to travel and come back to US on AOS status without the need of a visa. So if the candidate goes outside of US then he/she is taking the risk on finding another avenue of returning to the US. I just don't understand any need for USCIS to cancel the AP application.

[fudge-it]

What happens on the 485 dependent case?
Say my dependent has had H1 from a different employer before she got EAD/AP. Just the apporoval. No stamping on passport.
Now if the dependent enters using the AP (easy way back in), does it mean the h1 is not valid from that point? Or can he/she continue to be on the H1?

[ChampU]

Champu bhai

This was discussed sometime ago in the Post 485 thread. Your information is right that in the I-94 one gets labelled as Parolee for travel purpose only. Using your AP will not cancel your H1.

You can continue to work for your employer using your H1. Untill and unless you specifically ask for the switch to EAD and use that for working on EAD, you will continue to be on H1.

Google specifically for the Cronin memo.If you come back to work for the same employer you will not lose your H1.If you switch employers after using AP to enter you will have to use EAD and then having done the switch to EAD you will lose H1....

Nice..... What about dependents?

My wife is on H1 (fulltime position, different employer) and she is the dependent on my GC application.
She came the the US on a H4 after our wedding. Her H1 petition from a desi consulting firm was approved in Oct. 2009. In March 2011, she transferred to her H1B current employer. She hasn't been out of the US since 2009 and the last visa stamped on her passport is H4.

1. Does the same logic apply to her as well? ( you do not lose your H1 status if you continue to work for the same employer, even if her employer has nothing to do with my AOS application?)
2. My case is pretty straightforward.. US Masters -> Seven+ years with same employer.. Her case is a bit twisted, she was here with an Indian IT Corp. on H1 in 2006.. then went back.. came back on H4.. and then has 2 different H1s.. Would that affect the processing time for our applications?

[indiasunil]

Hi All, Just my case Status Update

P.Date - 01/15/08
R.Date - 12/16/11
N.Date - 12/21/11
N.R.Dt - 01/04/12
EAD/AP Shipped - 02/06/12
FP Appnt - 01/25/12 (As per FP Date-Not Walk-in)

Thanks,
Sunil.

[ChampU]

What happens on the 485 dependent case?
Say my dependent has had H1 from a different employer before she got EAD/AP. Just the apporoval. No stamping on passport.
Now if the dependent enters using the AP (easy way back in), does it mean the h1 is not valid from that point? Or can he/she continue to be on the H1?


Our brains are operating on the same frequency..:D

[qesehmk]

Alright guys .... too much confusion over AP. Here is what I understand.

Yes leaving country while on 485 pending is dangerous since it can be seen as abandonment of 485. However this is a risk as opposed to a certainty of 485 cancellation. That is why one should have AP.
Having said that, I personally have used H1 to travel and come back. When entering us they will stamp you H1/AOS pending. You will carry dual status H1/AOS pending regardless what the IO stamped you. Ok?

Now as per the central question of whether one can go on H1/H4 and come back. The answer is absolute yes. However there is a risk there that USCIS may see this as abandonment of GC. With all the anti-immigrant sentiment and raw economy ...... YOU DO NOT WANT TO TAKE THAT RISK.

Hope this settles the discussion.

[gcseeker]

Nice..... What about dependents?

My wife is on H1 (fulltime position, different employer) and she is the dependent on my GC application.
She came the the US on a H4 after our wedding. Her H1 petition from a desi consulting firm was approved in Oct. 2009. In March 2011, she transferred to her H1B current employer. She hasn't been out of the US since 2009 and the last visa stamped on her passport is H4.

1. Does the same logic apply to her as well? ( you do not lose your H1 status if you continue to work for the same employer, even if her employer has nothing to do with my AOS application?)
2. My case is pretty straightforward.. US Masters -> Seven+ years with same employer.. Her case is a bit twisted, she was here with an Indian IT Corp. on H1 in 2006.. then went back.. came back on H4.. and then has 2 different H1s.. Would that affect the processing time for our applications?

Champu bhai

Again please take the below advice with a pinch of salt. Senior members could correct the below if anything has been wrongly intrepreted by me.

1.AP is purely for travel purposes. In fact according to the requirements.You do not need anything more than AP/Passport for travel. Your spouse using AP will only mark her as parolee as far as entry to the country is concerned.It will not cancel her H1.
She can go back to work for the employer that sponsored her H1.

2.I beleive it would have an impact on the processing time of the application ..though the silver lining would be ,since your case is straightforward and she being the benefactor of your application might not take too long as well.

[Spectator]

The AP is not abandoned if you leave while it is pending, but were maintaining H or L status at the time you depart and then return using a valid H or L visa. Once the AP is approved and you are in the USA after approval, it can then be used for subsequent travel.

If you return using a valid AP, you will be a Parolee, evidenced by the I-94 you receive. You cannot hold "dual status".

You will NOT be in H1B STATUS, but under a legacy USCIS Memo (the Cronin Memo), you may continue to use the EMPLOYMENT AUTHORIZATION element of your valid H1B petition as long as you return and continue to work for the H1B employer. It does not alter the fact that you are a Parolee, but does mean you do not have to use a separate EAD.

A subsequent extension or amendment of the H1B petition will return you to H1B status, or you have the option to leave the USA and return using a valid H1B visa.

The points above are covered in this Murthy article (http://www.murthy.com/news/n_efftrv.html) and in this USCIS document (http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf) (Question 26 and Addendum V).

[ChampU]

Champu bhai

Again please take the below advice with a pinch of salt. Senior members could correct the below if anything has been wrongly intrepreted by me.

1.AP is purely for travel purposes. In fact according to the requirements.You do not need anything more than AP/Passport for travel. Your spouse using AP will only mark her as parolee as far as entry to the country is concerned.It will not cancel her H1.
She can go back to work for the employer that sponsored her H1.

2.I beleive it would have an impact on the processing time of the application ..though the silver lining would be ,since your case is straightforward and she being the benefactor of your application might not take too long as well.

Thank you, Vijay Dinanath Chauhan.. !!!

[ChampU]

The AP is not abandoned if you leave while it is pending, but were maintaining H or L status at the time you depart and then return using a valid H or L visa. Once the AP is approved and you are in the USA after approval, it can then be used for subsequent travel.

If you return using a valid AP, you will be a Parolee, evidenced by the I-94 you receive.

You will NOT be in H1B STATUS, but under a legacy USCIS Memo (the Cronin Memo), you may continue to use the EMPLOYMENT AUTHORIZATION element of your valid H1B petition as long as you return and continue to work for the H1B employer. It does not alter the fact that you are a Parolee, but does mean you do not have to use a separate EAD.

A subsequent extension or amendment of the H1B petition will return you to H1B status, or you have the option to leave the USA and return using a valid H1B visa.

The points above are covered in this Murthy article (http://www.murthy.com/news/n_efftrv.html) and in this USCIS document (http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf) (Question 26 and Addendum V).

Spec.. you are a man of multiple hats.. Your data analysis makes me think of you as a star "Wall Street Analyst".. but your posts are so legally sound (e.g. covered in this Murthy article and in this USCIS document (Question 26 and Addendum V) that it makes me feel you are a partner in some law firm..

You rock, Dude!

[ChampU]

Alright guys .... too much confusion over AP. Here is what I understand.

YOU DO NOT WANT TO TAKE THAT RISK.

Hope this settles the discussion.

Point taken, Q!!

[funnysummer2005]

Brilliant!!

Thanks!



the ap is not abandoned if you leave while it is pending, but were maintaining h or l status at the time you depart and then return using a valid h or l visa. Once the ap is approved and you are in the usa after approval, it can then be used for subsequent travel.

If you return using a valid ap, you will be a parolee, evidenced by the i-94 you receive. You cannot hold "dual status".

You will not be in h1b status, but under a legacy uscis memo (the cronin memo), you may continue to use the employment authorization element of your valid h1b petition as long as you return and continue to work for the h1b employer. It does not alter the fact that you are a parolee, but does mean you do not have to use a separate ead.

A subsequent extension or amendment of the h1b petition will return you to h1b status, or you have the option to leave the usa and return using a valid h1b visa.

The points above are covered in this murthy article (http://www.murthy.com/news/n_efftrv.html) and in this uscis document (http://www.uscis.gov/files/nativedocuments/aila_2apr08.pdf) (question 26 and addendum v).

[Spectator]

When I checked on Trackitt it shows 126 caes for Feb VB. (against 98 you have mentioned here). So there are many duplicates I assume?suninphx,

Possibly we are using slightly different criteria to query Trackitt. I don't think I have removed any duplicates for February, but I haven't checked for them since February began.

When I last looked, February VB cases had increased to 117, so it is also very dynamic.

Hopefully, in the big scheme of things, the difference is not significant.

[Spectator]

Spec.. you are a man of multiple hats.. Your data analysis makes me think of you as a star "Wall Street Analyst".. but your posts are so legally sound (e.g. covered in this Murthy article and in this USCIS document (Question 26 and Addendum V) that it makes me feel you are a partner in some law firm..

You rock, Dude!ChampU,

Thanks for the compliment. :o

I am just a "man of mystery". ;) I'd love the salary of a Wall St Analyst, star or not. :), or a lawyer for that matter.

[fedupwithgc]

Here is a link to Ron's comments on AP and H1B Travel.
http://www.immigration-information.com/forums/showthread.php?t=16185

[mrdeeds]

The AP is not abandoned if you leave while it is pending, but were maintaining H or L status at the time you depart and then return using a valid H or L visa. Once the AP is approved and you are in the USA after approval, it can then be used for subsequent travel.

If you return using a valid AP, you will be a Parolee, evidenced by the I-94 you receive. You cannot hold "dual status".

You will NOT be in H1B STATUS, but under a legacy USCIS Memo (the Cronin Memo), you may continue to use the EMPLOYMENT AUTHORIZATION element of your valid H1B petition as long as you return and continue to work for the H1B employer. It does not alter the fact that you are a Parolee, but does mean you do not have to use a separate EAD.

A subsequent extension or amendment of the H1B petition will return you to H1B status, or you have the option to leave the USA and return using a valid H1B visa.

The points above are covered in this Murthy article (http://www.murthy.com/news/n_efftrv.html) and in this USCIS document (http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf) (Question 26 and Addendum V).

Spec, I second Champu's compliments. You write with great clarity!

So a followup, if one travels after AP has been applied but not approved, is it considered abandoned? If not, can one enter US once it's approved? This all pertains to the hypothetical scenario that one's H1 is denied or gets 221. I see that in the link posted above, Ron addresses this and it seems that his view is that AP is not abandoned. I have heard conflicting views on it though.

[akzach]

Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
RD: 12/02/2011
ND: 12/06/2011
FP(Notice Date): 12/15/2011
FP: 01/12/2012
EAD Approval: 01/27/2012
AP Approval: 01/28/2012
EAD (Combo Card,Physical) for myself: 02/02/2012
EAD (Combo Card,Physical) for wife: 02/07/2012
EAD (Approval Notice in mail): 02/05/2012
I485 Approval: 02/09/2012

May everybody get greened soon.

[gcseeker]

Spec, I second Champu's compliments. You write with great clarity!

So a followup, if one travels after AP has been applied but not approved, is it considered abandoned? If not, can one enter US once it's approved? This all pertains to the hypothetical scenario that one's H1 is denied or gets 221. I see that in the link posted above, Ron addresses this and it seems that his view is that AP is not abandoned. I have heard conflicting views on it though.

Mrdeeds

I can comment on this since am faced with an similar situation .One cannot use the AP if one does not have it one's possession while leaving the country.Even if you get the approval email and leave the country ,was told by my Lawer that you cannot use it untill and unless you receive the physical card before leaving the country.

AP is not considered abandoned.There is a risk though USCIS might view it that way.Of course on Trackitt you will see many cases of people who did not have the AP in posession while leaving but re-entered using the AP .Those are extremely lucky cases.

In general one needs to have the Physical Card in hand before leaving the country. There is an provision for Emergency AP if there is an medical emergency in the family.

[ChampU]

Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
RD: 12/02/2011
ND: 12/06/2011
FP(Notice Date): 12/15/2011
FP: 01/12/2012
EAD Approval: 01/27/2012
AP Approval: 01/28/2012
EAD (Combo Card,Physical) for myself: 02/02/2012
EAD (Combo Card,Physical) for wife: 02/07/2012
EAD (Approval Notice in mail): 02/05/2012
I485 Approval: 02/09/2012

May everybody get greened soon.

WOWWWWW.. Big Congrats brother..... March 2008.. Great News...... TSC is on steroids today........

[ChampU]

Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
RD: 12/02/2011
ND: 12/06/2011
FP(Notice Date): 12/15/2011
FP: 01/12/2012
EAD Approval: 01/27/2012
AP Approval: 01/28/2012
EAD (Combo Card,Physical) for myself: 02/02/2012
EAD (Combo Card,Physical) for wife: 02/07/2012
EAD (Approval Notice in mail): 02/05/2012
I485 Approval: 02/09/2012

May everybody get greened soon.

AkZach.. Do you mind providing some more details about your case like:

1. Employment Type (Full Time/ Consulting)
2. Education: US Masters/PhD Y/N
3. Duration of employment with current employer etc etc..


Hearty Congrats.. I feel so nervous, I've run out of fingernails.. My state of mind is exactly as in this video

http://www.youtube.com/watch?v=zRBl0GPBm4o

(Red: from Shawshank Redemption) I find I'm so excited I can barely sit still or hold a thought in my head.I think its an excitement only a free man can feel.A free man at the start of a long journey, whose conclusion is uncertain..

[fedupwithgc]

Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
RD: 12/02/2011
ND: 12/06/2011
FP(Notice Date): 12/15/2011
FP: 01/12/2012
EAD Approval: 01/27/2012
AP Approval: 01/28/2012
EAD (Combo Card,Physical) for myself: 02/02/2012
EAD (Combo Card,Physical) for wife: 02/07/2012
EAD (Approval Notice in mail): 02/05/2012
I485 Approval: 02/09/2012

May everybody get greened soon.

Very Sweet News... Congrats.... Thanks for Sharing.

[akzach]

Thanks, Champu. The details you asked are below.

1. Employment Consulting
2. Education Masters from India
3. About four and a half years with my current employer.

Yes, you are right. TSC seems to be on steroids, today.
I was also, surprised seeing the USCIS email as I wasn't expecting it since my PD is March, 3rd 2008.
I can understand your nervousness, hope you get greened soon.



AkZach.. Do you mind providing some more details about your case like:

1. Employment Type (Full Time/ Consulting)
2. Education: US Masters/PhD Y/N
3. Duration of employment with current employer etc etc..


Hearty Congrats.. I feel so nervous, I've run out of fingernails.. My state of mind is exactly as in this video

http://www.youtube.com/watch?v=zRBl0GPBm4o

(Red: from Shawshank Redemption) I find I'm so excited I can barely sit still or hold a thought in my head.I think its an excitement only a free man can feel.A free man at the start of a long journey, whose conclusion is uncertain..

[ChampU]

Thanks, Champu. The details you asked are below.

1. Employment Consulting
2. Education Masters from India
3. About four and a half years with my current employer.

Yes, you are right. TSC seems to be on steroids, today.
I was also, surprised seeing the USCIS email as I wasn't expecting it since my PD is March, 3rd 2008.
I can understand your nervousness, hope you get greened soon.

Thanks for sharing, AkZach.. Enjoy the freedom!!!

[qesehmk]

Spec Thanks. Useful as always.

Just to make it clear AP is not the status. The status is AOS pending. H1 is another status. AP is only a means to maintain continuity in your last status. Ok?

An H1 person when files 485 is by default having 2 different legal status. H1 is continued until its validity and a new status AOS pending is added.

Now when a person returns with AP, the law allows the person to resume his last status(es).

If a person who has H1/H4 AND AOS pending status leaves US, that person can always come back on H1/H4 as long as they have H1/H4 visas to come back and of course the underlying H1 petition is valid. For those with expired visas but an approved H1 can still travel and come back with a new H1 in their passport. In all these cases AP is not required at all.

What is most dangerous is when a person has H1 (or non-immigrant in general) status expired i.e. underlying H1 petition is past its validity date regardless what your H1 stamp is in your passport. So such person if travels to India without AP, then his 485 can potentially be considered abandoned.

So the bottomline is - One can travel to India as long as your non-immigrant status is valid. You can travel with existing valid visa or have the visa stamped. However if the non-immigrant status itself is expired then DO NOT TRAVEL to INDIA or OUTSIDE US WITHOUT AP.



The AP is not abandoned if you leave while it is pending, but were maintaining H or L status at the time you depart and then return using a valid H or L visa. Once the AP is approved and you are in the USA after approval, it can then be used for subsequent travel.

If you return using a valid AP, you will be a Parolee, evidenced by the I-94 you receive. You cannot hold "dual status".

You will NOT be in H1B STATUS, but under a legacy USCIS Memo (the Cronin Memo), you may continue to use the EMPLOYMENT AUTHORIZATION element of your valid H1B petition as long as you return and continue to work for the H1B employer. It does not alter the fact that you are a Parolee, but does mean you do not have to use a separate EAD.

A subsequent extension or amendment of the H1B petition will return you to H1B status, or you have the option to leave the USA and return using a valid H1B visa.

The points above are covered in this Murthy article (http://www.murthy.com/news/n_efftrv.html) and in this USCIS document (http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf) (Question 26 and Addendum V).


Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
I485 Approval: 02/09/2012


akzach congrats and thanks for sharing. This pretty much confirms that retrogression if and when happens, the dates for EB2IC will NOT go into 2007. In fact they shouldn't go beyond Mar 2008.

[mysati]

Thanks, Champu. The details you asked are below.

1. Employment Consulting
2. Education Masters from India
3. About four and a half years with my current employer.

Yes, you are right. TSC seems to be on steroids, today.
I was also, surprised seeing the USCIS email as I wasn't expecting it since my PD is March, 3rd 2008.
I can understand your nervousness, hope you get greened soon.

Congrats Akzach! Enjoy your freedom!

[krishnav]

I was looking at the approvals from TSC in trackitt for the past 3-4 weeks and it seems like they are more active (More i485 approvals) on Thursday, Friday and Saturday of every week.
I am wondering if they ask more employees to deal with I140s and other cases on Monday, Tuesday, Wednesday and ask them to jump back to I485 cases by the second half of the week.
Just a wild guess from the numbers in trackkitt.

Assuming its true, hopefully we will see more approvals tomorrow and day after also.
Good luck!!

[harapatta]

guys need help...anybody used any Marathi to English translation services, if yes please give me the link or name of the service..thanks in advance ...will remove the thread as soon as i get any response.