EB2 Predictions (Rather Calculations) - 2012

[ChampU]

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.

HP

I had to use Marathi - English translation, when I applied for my wife's Drivers License in NJ. My Marriage Certificate is partly in Marathi (first half is in English, second half is in Marathi.. both on the same page) and the jerk in DMV refused to accept it unless it was certified by an approved "Translation Agency".
I paid $150 for the translation agency and they essentially copy pasted the English part, signed and sealed the "translation"..

Check your DMV website for approved translators.. and get it done from them..

http://www.ultratranslate.com/ins/index.html

[imdeng]

I used Fox Translate for Hindi to English translation - they unfortunately do not offer Marathi translation. However, you can use anyone who is fluent in both the languages for translation - could be a friend or a colleague - does not matter. The translator just needs to sign a statement certifying that he/she is fluent in both the languages.

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.

[harapatta]

another quick question ..found a friend who can translate and happens to be notary public...is that going to be acceptable to USCIS?

[kd2008]

I am thinking out loud and proposing what might be Mr. CO's thinking.

I think he blew past 2008 and 2009 to generate enough demand and give enough processing time to USCIS.

Now for dates in 2010, he is being careful and finessing his end point. Hence, he took a smaller step of just 4 months. He may take additional steps, but they may be smaller and smaller. This is so that he doesn't have to over shoot and cause retrogression. He really wants to avoid it or if possible, delay it to very late in the fiscal year and make it as small as possible.

We all have been saying that there will be massive retrogression. But it is unlikely to me in light of March bulletin. Simply because, it would be irresponsible on part of Mr. CO. He has been forthcoming in the past few bulletins on what his understanding is and what USCIS has been reporting him. He made no comments this bulletin. This is an indication that he is in a watch and wait mode. He really wants to see what the USCIS does with the demand that was generated. If they process it very fast, he has to rethink the movements and lay the ground work for retrogression. If not, then generate additional demand through CP by pushing the dates far ahead - USCIS won't process those additional cases before the end of fiscal year but CP demand will eat up that small gap to be filled up. I think it may be June bulletin before he lets us know anything more and he will for sure give a prior indication of retrogression.

Just expressing my thinking. This is not based on data crunching so please do not bring it up. Nobody really knows what the real numbers are. The ones who should know aka USCIS are really clueless in publishing them correctly anyways.

[fedupwithgc]

I think retrogression is not going to be too severe and if then it wont last long. CO said around 40% visas will be consumed by Feb end. looking at the trend, I think we will be around PD Jan 2008 at that point and by end of FY we shall be at end of 2008 hopefully...

[Spectator]

Q,

Parolee is its own peculiar situation. It can't be a status because, technically, the person never leaves the POE and is not admitted into the USA.

At least with AP, you actually get an I-94 when you use it to enter the USA.

AOS is not a status either.

It is a period of Authorized Stay granted by the Secretary of DHS while the I-485 is pending adjudication.

Therefore, technically, a person relying solely on AOS is in unlawful status, but at the same time does not accrue any illegal presence. Everything is tolled while the I-485 is pending adjudication by virtue of USCIS policy.

The concepts are very difficult to understand, but are explained in this USCIS memo (http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF).

I warn anyone who might read it, that it is not easy reading and is likely to give you a headache.

[vizcard]

I am an Aug 2008 PD and i'm expecting to get greened in Q1 FY2013 (at the very latest). Anything before that is bonus.

[imdeng]

Spec - I don't know whether you are a lawyer, or a USCIS employee or CO himself - but by God I am thankful that we have you here. Your level of knowledge of these matters is unparalleled - thank you for sharing your time and expertise with us here.


Q,
Parolee is its own peculiar situation. It can't be a status because, technically, the person never leaves the POE and is not admitted into the USA.

[cbpds1]

It will be great to meet Spec, Q and Teddy in person now that we are more familiar to them than their relatives !!



Spec - I don't know whether you are a lawyer, or a USCIS employee or CO himself - but by God I am thankful that we have you here. Your level of knowledge of these matters is unparalleled - thank you for sharing your time and expertise with us here.

[pdfeb09]

Spec - I don't know whether you are a lawyer, or a USCIS employee or CO himself - but by God I am thankful that we have you here. Your level of knowledge of these matters is unparalleled - thank you for sharing your time and expertise with us here.

I completely agree .... Spec: Thanks, dude !

And thanks Q for starting down this path and creating a great environment to which people like Spec,Teddy, Veni, Kanmani and countless others get attracted and stay hooked.. :)

[vizcard]

Maybes its Q's good karma that the cut off dates moved so quickly

[codesmith]

another quick question ..found a friend who can translate and happens to be notary public...is that going to be acceptable to USCIS?

I'm not sure if your friend is in US or India, but you can get it translated from anyone.
Make sure that the translated document's format ( like box, bold etc) match to the original one.
Get the affidavit done and signed by translator saying he/she is proficient in both the languages and translation is correct.
Affidavit should be notorised.

[fedupwithgc]

I am an Aug 2008 PD and i'm expecting to get greened in Q1 FY2013 (at the very latest). Anything before that is bonus.

My PD is Jul 2008... count me in:D

[qesehmk]

Spec

Wow! Bow my friend! I stand corrected.

AOS pending is not a status. If one abandons H1 or H4 status and uses AOS pending to stay - they are in unlawful status - however that unlawful status is protected by DHS as long as your 485 is pending. However the risk there is that the moment - god forbid - your 485 is adjudicated and denied, then that protection is gone and one starts accruing unlawful presence which is a harmful thing.

So bottomline - never ever let your H1/H4 go until you get GC.

Once again thanks Spec!



Q,

Parolee is its own peculiar situation. It can't be a status because, technically, the person never leaves the POE and is not admitted into the USA.

At least with AP, you actually get an I-94 when you use it to enter the USA.

AOS is not a status either.

It is a period of Authorized Stay granted by the Secretary of DHS while the I-485 is pending adjudication.

Therefore, technically, a person relying solely on AOS is in unlawful status, but at the same time does not accrue any illegal presence. Everything is tolled while the I-485 is pending adjudication by virtue of USCIS policy.

The concepts are very difficult to understand, but are explained in this USCIS memo (http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF).

I warn anyone who might read it, that it is not easy reading and is likely to give you a headache.

[mygctracker]

Spec,

After an AOS applicant reenters US on AP and continues working on H1, What happens to his H1 status in case AOS is denied (for some reason).
Is the applicant allowed to continue on H1 (OR) Does the applicant need to exit US and re-enter with H1 Visa stamp??

Most of AP discussion has been torn apart today, I promise this is my first and last question of this topic.

Thanks!


Q,

Parolee is its own peculiar situation. It can't be a status because, technically, the person never leaves the POE and is not admitted into the USA.

At least with AP, you actually get an I-94 when you use it to enter the USA.

AOS is not a status either.

It is a period of Authorized Stay granted by the Secretary of DHS while the I-485 is pending adjudication.

Therefore, technically, a person relying solely on AOS is in unlawful status, but at the same time does not accrue any illegal presence. Everything is tolled while the I-485 is pending adjudication by virtue of USCIS policy.

The concepts are very difficult to understand, but are explained in this USCIS memo (http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF).

I warn anyone who might read it, that it is not easy reading and is likely to give you a headache.

[nishant2200]

There is a classical article by Ron Gotcher for this topic of EAD vs H1

http://imminfo.com/News/Newsletter/2009/2009-3/EAD_vs_H1B.html

[gc_usa]

There is a classical article by Ron Gotcher for this topic of EAD vs H1

http://imminfo.com/News/Newsletter/2009/2009-3/EAD_vs_H1B.html

People who has and or can should stick on h1b , h4 can use ead and if something happens to h4 while on ead she / he can go back to h4.

[khushraho]

Thanks Nishant..very good article..it convinced me to use only EAD( once I gets) as i am on post 6th year..

[eb2visa]

Traveling while a Change of Status or Extension of Status is pending

http://imminfo.com/News/Newsletter/2011-7-15/travel-change-extend-status.html

[krishnav]

Hello Gurus,

Had an urgent query for you guys.
If someone wants to postpone his fingerprinting appointment, how many times can one do it and is it possible to reschedule in a certain time frame (for example Apr 1 and after)?

If anyone had a similar situation, please do share your experience.

Thanks in advance.

[eb2visa]

H1B vs. EAD after filing for AOS

Many people continue to believe that they must remain in H1B status after they file for adjustment of status (AOS). There is no such requirement in the law. Whether trying to maintain H1B status after filing for AOS is a good or bad idea depends entirely upon each applicant’s individual facts and circumstances.

In deciding what is best for you, please keep these points in mind.

Advantages of maintaining H1B status after filing for AOS:

1. If the principal applicants has dependents who have not filed for AOS, this is likely the only way that the dependents will be allowed to remain in the US until they are able to file for AOS as well.
2. Using an H1B visa makes travel a bit easier (depending upon the port of entry) than using advance parole. At many ports of entry, advance parole requires going through secondary inspection, which adds time to immigration processing at the port of entry.

Disadvantages of maintaining H1B status after filing for AOS:

1. It isn’t necessary.
2. It costs money.
3. You are using up H1B time against the six year limit. If an AOS application is denied due to an I-140 being denied (the most common cause of AOS denials), then the H1B nonimmigrant will become subject to the six year limit again. If the applicant has already used six years, then it is impossible for the applicant to go back into H1B status following an AOS denial.
4. It is very easy for an H1B to violate his or her status as a result of an employer failing to file a required LCA or petition amendment. If this happens, all work by the H1B will be regarded as unauthorized employment. If the AOS applicant accrues 180 days or more of unauthorized employment, that by itself is a basis for denying an I-485 application.

Advantages of using an EAD/Advance Parole combination:

1. Applicants may travel abroad without having to go to a consular post and apply for a new visa to get back into the US.
2. Applicants receive unrestricted employment authorization and may work for anyone without first obtaining permission from the CIS.

[eb2visa]

AC21 & I-140 Portability

A very good link on AC21 & I-140 Portability

http://www.imminfo.com/Library/AC21/I-140_portability.html

[eb22010]

All,

Congrats for those that are got current! Can Guru's help me.

My PD is Feb 26 2010 however I did change position in January which resulted in going through a new PERM process. So I will not able to file this time. I hear the dates are going to Retrogress back to 2008 in coming month. If the dates retrogress can anybody guess which it will move to Feb 2010 again so I can file. I know this is going to be guess but can guru's help me.

Thanks

[mrdeeds]

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.

Thanks gcseeker for sharing the info and Spec, Q and others for bringing clarity to this.

[harapatta]

Thanks for your kind help...will do as advised.


I'm not sure if your friend is in US or India, but you can get it translated from anyone.
Make sure that the translated document's format ( like box, bold etc) match to the original one.
Get the affidavit done and signed by translator saying he/she is proficient in both the languages and translation is correct.
Affidavit should be notorised.

[khushraho]

How come some of you know that checks are encashed? Is it because employer doesn't sponsor the charges.. That is good in one way as you would know the status much more easily..

As far as I am concerned, it is all employer. The attorney informed me that she sent the docs on 1st Feb..
But my question is, after I leave ( if in case after EAD before GC) this employer, the attorney service also stops
..what should I do To make sure that the remaining process EAD->GC is unaffected...should I need to get the service of another attorney and transfer the representation to the new one using my receipt/ EAD number?

[gkjppp]

Hi Gurus,

1.My Birth was not registered, i got non availability certificate, affidavit from my parents. Do i need to get Originals of both, because i got one copy of non availability, i may require this in future? Non availability + Parents affidavit + Do i need relatives affidavit as well?

2.As per my dad, i should be getting new BC with registration date Feb,2012, if i get newly issued birth certificate , copy of Birth certificate + Parents affidavit is fine. Please clarify.

3.My wife got her birth certificate without name on it, i got affidavit for that. Do i need to submit original Birth Certificate or Copy is fine?

[imdeng]

Any official document can be submitted as copy - that includes BC and NABC. Affidavits are preferably sent as original. BC/NABC + 2 Affidavits are sufficient. You can include school records (10th certificate) to be conservative. Look in the Birth Certificate thread for more details.

Hi Gurus,

1.My Birth was not registered, i got non availability certificate, affidavit from my parents. Do i need to get Originals of both, because i got one copy of non availability, i may require this in future? Non availability + Parents affidavit + Do i need relatives affidavit as well?

2.As per my dad, i should be getting new BC with registration date Feb,2012, if i get newly issued birth certificate , copy of Birth certificate + Parents affidavit is fine. Please clarify.

3.My wife got her birth certificate without name on it, i got affidavit for that. Do i need to submit original Birth Certificate or Copy is fine?

[shaisri]

Thank you all for the very kind and encouraging words. I cannot tell you how much strength it gave us during this time of tension. The good news is my husband received his passport by courier yesterday and he is stamped and ready to go. we shall be filing AOS soon :) (9 days from date of interview)

Thank you thank you so much all of you
Shaisri


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 resp



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, 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.

[qesehmk]

shaisri ... glad for you. First thing that comes to my mind? A quote I read in an article by Sunil Gavaskar - "Tough times don't last. Tough people do."

All the best!

Thank you all for the very kind and encouraging words. I cannot tell you how much strength it gave us during this time of tension. The good news is my husband received his passport by courier yesterday and he is stamped and ready to go. we shall be filing AOS soon :) (9 days from date of interview)

Thank you thank you so much all of you
Shaisri

[Desperate8]

Just curious , my PD is Oct 2008 , with RD and ND as 3rd Jan and 4th Jan respectively
I see that guys who were after mine
PD Dec 2008 , RD 4th Jan and ND 5th Jan have got their EAD / AP Approved. what is the going on ?

1 - Priority date

2 - Receive Date -

Just confused on what is going on.

BTW the service center is TSC for all above cases.

[28thJune2007]

Guys

Just wanted to share good news with all of you. I got the magic email today.
Good luck to all of you.I got a lot of helpful information from this forum

[mysati]

Guys

Just wanted to share good news with all of you. I got the magic email today.
Good luck to all of you.I got a lot of helpful information from this forum

Congratulations! Enjoy your freedom!

[ChampU]

Guys

Just wanted to share good news with all of you. I got the magic email today.
Good luck to all of you.I got a lot of helpful information from this forum


Dada.. Congratulations!!

Can you share your details like Service Center, PD, RD, ED, FP Date.. And also other stuff like Employer (Fulltime, consulting, company size), Education??

Congrats Again and Enjoy the Freedom..

[28thJune2007]

TSC
PD : June 29th 2007
RD: Oct 7, 2011

[ChampU]

TSC
PD : June 29th 2007
RD: Oct 7, 2011

Thanks!! Take a early day off.. and live it up.........

[ChampU]

Guys.. I had applied for a HSPD -12 clearance as a new job responsibility required me to occasionally work from a Fed Govt building. My preliminary background check and FP came back favorably a day before my GC - FP appointment. A full clearance came back positive about 20 mins back.. The clearance is from DHS..

I know a FBI name check is considered by USCIS (which falls under DHS).. Would DHS clearance help me in any way or I am tripping on laddus sent by gchopeful?

[Reader]

Can someone please answer this for me?

My wife is currently on H4 for the last 3 years and worked on H1 for 1.5 years before that. She doesn't have the paystubs for 3 month period and has not travelled since then. We have already applied for 485. Even though she would be covered under 245K, I am wondering whether it is worth re-entering on H4 again.

The law is not clear whether it would count the violations upto 180 days since the last admission prior to 485 filing or prior to adjudication? If there is an RFE, would they consider the new last admission date if we provide the new I94. Can someone please help me with the clarity on this 180 day rule.

[harsha131]

Dont worry you should receive it in few days....I had the same expereince


Just curious , my PD is Oct 2008 , with RD and ND as 3rd Jan and 4th Jan respectively
I see that guys who were after mine
PD Dec 2008 , RD 4th Jan and ND 5th Jan have got their EAD / AP Approved. what is the going on ?

1 - Priority date

2 - Receive Date -

Just confused on what is going on.

BTW the service center is TSC for all above cases.

[mygreen]

Reader,

Status from the last entry to the date of AOS submission is what matters. Since you already submitted the packet, I think there is no point to do reentry now.

Hope it helps.

Can someone please answer this for me?

My wife is currently on H4 for the last 3 years and worked on H1 for 1.5 years before that. She doesn't have the paystubs for 3 month period and has not travelled since then. We have already applied for 485. Even though she would be covered under 245K, I am wondering whether it is worth re-entering on H4 again.

The law is not clear whether it would count the violations upto 180 days since the last admission prior to 485 filing or prior to adjudication? If there is an RFE, would they consider the new last admission date if we provide the new I94. Can someone please help me with the clarity on this 180 day rule.

[Reader]

Reader,

Status from the last entry to the date of AOS submission is what matters. Since you already submitted the packet, I think there is no point to do reentry now.

Hope it helps.

Thanks. I thought so too. However, Ron has mentioned in one of his posts this. It seems that he is saying both-ways in this statement.

"The CIS will most likely use the last lawful entry prior to filing. My feeling, based on the way the CIS has interpreted this section against people is that they have to use the most recent lawful admission (admission with a visa, not advance parole) prior to ADJUDICATION. If they try to use the last admission before filing, I think that they are highly vulnerable to getting reversed in the context of judicial review."

[Spectator]

Can someone please answer this for me?

My wife is currently on H4 for the last 3 years and worked on H1 for 1.5 years before that. She doesn't have the paystubs for 3 month period and has not travelled since then. We have already applied for 485. Even though she would be covered under 245K, I am wondering whether it is worth re-entering on H4 again.

The law is not clear whether it would count the violations upto 180 days since the last admission prior to 485 filing or prior to adjudication? If there is an RFE, would they consider the new last admission date if we provide the new I94. Can someone please help me with the clarity on this 180 day rule.Given she appears to be covered by 245(k) anyway, I'm not sure it is worth it.

The law says:


(k) An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

(A) failed to maintain, continuously, a lawful status;

(B) engaged in unauthorized employment; or

(C) otherwise violated the terms and conditions of the alien's admission.

As I read it personally, it is specifically referring to the last admission before submitting the I-485.

It says:


on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission

and then:


subsequent to such lawful admission has not, for an aggregate period exceeding 180 days

where it is referring to the admission prior to filing.

This is certainly how USCIS seem to interpret it, but I agree it is not black & white.

My 2c anyway, for what it is worth.

[smuggymba]

Gurus - I just got current and in the process of filing for I-485 and also looking forward for EAD and AP.

My question is what's the guess/prediction for a March 30, 2010 PD to get the actual GC - Sep 2013 or Sept 2014?

[Reader]

Spec, Thanks. That's what I have understood as well. It is almost clear that it indicates prior to 485 filing when it says "subsequent to such lawful admission".

[Spectator]

Spec, Thanks. That's what I have understood as well. It is almost clear that it indicates prior to 485 filing when it says "subsequent to such lawful admission".Reader,

That's exactly how I read it, but I didn't want to put words into your mouth.

[vgraj1]

Hi, It appears Ron is making a distinction between last 'lawful admission' (coming on H1 visa) and 'admission' (coming on AP). I think the 180 day period starts counting from the last lawful admission, i.e. last I-94 based on H1 visa. I have read some comments from Ron that USCIS itself is not clear about this distinction, but I would assume it is safer to count the 180 day period from the last lawful admission, i.e. last I-94 based on H1 visa.

[vgraj1]

Hi Spectator, is there any statistics from USCIS that shows the ACTUAL NUMBER of visas issued for EB2ROW and EB1 in FY 2009, 2010 and 2011, and possibly FY 2012 upto Jan.2012 end. This might help in projecting PD movement and possible retrogression.

[Kanmani]

vgraj1
USCIS is verymuch clear about the distinction between lawful admission vs parolee admission ....here on Page 3 http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/245(k)_14jul08.pdf


Hi, It appears Ron is making a distinction between last 'lawful admission' (coming on H1 visa) and 'admission' (coming on AP). I think the 180 day period starts counting from the last lawful admission, i.e. last I-94 based on H1 visa. I have read some comments from Ron that USCIS itself is not clear about this distinction, but I would assume it is safer to count the 180 day period from the last lawful admission, i.e. last I-94 based on H1 visa.

[Spectator]

Hi Spectator, is there any statistics from USCIS that shows the ACTUAL NUMBER of visas issued for EB2ROW and EB1 in FY 2009, 2010 and 2011, and possibly FY 2012 upto Jan.2012 end. This might help in projecting PD movement and possible retrogression.vgraj1,

You can find figures for FY up to FY2010 here (http://www.qesehmk.org/forums/showthread.php?56-i140-to-i1485-Ratios-%28From-DHS-Year-Books-of-Statistics%29)

Figures for FY2011 have not been published yet.

No figures with that level of detail exist for FY2012, but you might find this post (http://www.qesehmk.org/forums/showthread.php?181-Trackitt-Comparison-FY2012-vs.-FY2011) useful.

[vgraj1]

vgraj1
USCIS is verymuch clear about the distinction between lawful admission vs parolee admission ....here on Page 3 http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/245(k)_14jul08.pdf

Hi Kanmani,
Thank you very much for this link. It is interesting to note that parolee admission is not treated as 'lawful admission' as per the following clause in USCIS memorandum:

" An alien, however, who entered the United States pursuant to an advance parole document is not “lawfully admitted,” because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k). "

I interpret this that the 180-day count starts from the last lawful admission, i.e. based on H1 or H4 and not based on AP. Is my interpretation correct?

[Kanmani]

Yes indeed which includes other dual intent visas.
You must read Spec's latests posts defining "status"
Thank You Mr.mysterious


Hi Kanmani,
Thank you very much for this link. It is interesting to note that parolee admission is not treated as 'lawful admission' as per the following clause in USCIS memorandum:

" An alien, however, who entered the United States pursuant to an advance parole document is not “lawfully admitted,” because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k). "

I interpret this that the 180-day count starts from the last lawful admission, i.e. based on H1 or H4 and not based on AP. Is my interpretation correct?

[vgraj1]

vgraj1,

You can find figures for FY up to FY2010 here (http://www.qesehmk.org/forums/showthread.php?56-i140-to-i1485-Ratios-%28From-DHS-Year-Books-of-Statistics%29)

Figures for FY2011 have not been published yet.

No figures with that level of detail exist for FY2012, but you might find this post (http://www.qesehmk.org/forums/showthread.php?181-Trackitt-Comparison-FY2012-vs.-FY2011) useful.

Great work Spectator! Thanks!

[Reader]

There is no ambiguity that Parolee is not considered as lawfully admitted. The main question that is not clear is whether the lawful admission should be prior to filing 485 or at the time of adjudication.

[eb2ODer]

vgraj1,

You can find figures for FY up to FY2010 here (http://www.qesehmk.org/forums/showthread.php?56-i140-to-i1485-Ratios-%28From-DHS-Year-Books-of-Statistics%29)

Figures for FY2011 have not been published yet.

No figures with that level of detail exist for FY2012, but you might find this post (http://www.qesehmk.org/forums/showthread.php?181-Trackitt-Comparison-FY2012-vs.-FY2011) useful.

Yes, awesome analysis indeed! Thanks Spectator & Q.

[Kanmani]

Attn: Reader (page 5 of the same memo)
Failed to Maintain a Lawful Status and/or Violated the Terms of a Nonimmigrant Visa.

General. Expiration, revocation, or violation of status puts a nonimmigrant out of status, and the alien remains out of status until some adjudication restores status or the alien departs the United States.
In most cases, the 180-day counting period commences on the date the alien’s status expires, is revoked, or is violated following the alien’s most recent admission. In addition, with the exception of a dual intent nonimmigrant, a nonimmigrant is only required to maintain his or her nonimmigrant status until the time he or she properly files an adjustment of status application with USCIS, because most nonimmigrants who apply for adjustment of status are presumed to be intending immigrants and are no longer eligible to maintain a nonimmigrant status. Therefore, for purposes of the 180-day counting period, calculation of the number of days for failing to maintain status or violating a nonimmigrant visa will stop as of the date USCIS receives a properly filed adjustment of status application.

Notwithstanding, a properly filed adjustment of status application, in and of itself, does not accord lawful status or cure any violation of a nonimmigrant visa. For example, if an alien applied for adjustment of status three days prior to the expiration of his or her nonimmigrant status and the adjustment of status application was eventually denied, the alien will not be considered to be in lawful status after the expiration of the nonimmigrant status. Consequently, if the same alien files a second application for adjustment of status, the period after which the nonimmigrant status expired and during which the first adjustment of status application was pending counts against the 180-day period when considering
eligibility for relief under 245(k) in the adjudication of the second adjustment of status application.

[suninphx]

If USCIS approves person extension of stay with new I94, then I wonder why that can not be taken as inherent proof that person maintained status till the date EoS got approved ? After all it's part of EoS process to check if applicant was in status at time of applying. All these laws are too complicated.

[meso129]

EAD/AP approved for self

PD 2/8/2008
RD 12/15/2011
FP 1/25/2012
EAD/AP 2/10/2012

[zenmaster]

EAD/AP approved for self

PD 2/8/2008
RD 12/15/2011
FP 1/25/2012
EAD/AP 2/10/2012

Congrats bro ! :)

[iatiam]

Wondering if it is possible to take a sabbatical for 3 months to go back to school while on EAD. I haven't filed for 485 yet, but doing some long-term planning.

[vizcard]

Wondering if it is possible to take a sabbatical for 3 months to go back to school while on EAD. I haven't filed for 485 yet, but doing some long-term planning.

If you are guaranteed a job when you come back, I believe it's fine. Although I probably wouldn't do it till 180 days past 485 RD.

[qesehmk]

sabbatical by definition promises the job when you rejoin. So I think that should cover it.

However if I am not wrong - USCIS expects the candidate to take up the promised job relatively soon (i.e. couple of months max) since the approval of 485. So if you become a student and the lag time is going to be 1 or 2 years since 485 approval; that would clearly be a problem.

What you can possibly do is - as soon as 485 is approved join the employer for 6 months and then again resume sabbatical 6 months later.

p.s. - I would be curious to know when you get a firm answer on this. I am sure many people on the forum would be interested.


Wondering if it is possible to take a sabbatical for 3 months to go back to school while on EAD. I haven't filed for 485 yet, but doing some long-term planning.

[imdeng]

Based on my preliminary discussion with Univ's legal people, being on sabbatical means that you are currently on the payroll - so it is equivalent to you being "on the job". Sabbatical does not mean that you have left the employment - so it has no effect on your immigration status. I am specifically talking about tenured or tenure track faculty sabbatical here - I am not sure whether similar interpretation exists outside academia.

sabbatical by definition promises the job when you rejoin. So I think that should cover it.

However if I am not wrong - USCIS expects the candidate to take up the promised job relatively soon (i.e. couple of months max) since the approval of 485. So if you become a student and the lag time is going to be 1 or 2 years since 485 approval; that would clearly be a problem.

What you can possibly do is - as soon as 485 is approved join the employer for 6 months and then again resume sabbatical 6 months later.

p.s. - I would be curious to know when you get a firm answer on this. I am sure many people on the forum would be interested.

[iatiam]

Q and Viz,

Thanks for the quick replies. I will definitely revert back to the forum when there is a clear-cut answer from the attorneys. But first things first - gotta file for 485. I have seen a few of my colleagues doing this, so it should comply with the HR policies. I have been doing a part-time degree for the past few years, but it been so slow that I can't possible imagine finishing it any time soon. So the sabbatical would me more of an expediting step to graduate - and not more than a semester long.

Most importantly my wife needs to approve. I guess that's the toughest part.



sabbatical by definition promises the job when you rejoin. So I think that should cover it.

However if I am not wrong - USCIS expects the candidate to take up the promised job relatively soon (i.e. couple of months max) since the approval of 485. So if you become a student and the lag time is going to be 1 or 2 years since 485 approval; that would clearly be a problem.

What you can possibly do is - as soon as 485 is approved join the employer for 6 months and then again resume sabbatical 6 months later.

p.s. - I would be curious to know when you get a firm answer on this. I am sure many people on the forum would be interested.

[needid]

Received "CARD PRODUCTION" ordered email for me,wife and daughter at 9AM.
PD:Oct 28, 2007
RD:Nov 1, 2011
ND:Nov 4,2011 :
SC:TSC

I wish you good luck and peace to everybody. My special prayers for Teddy, Nishant, Leo and indiaeb2.
Thank you Q for this forum. Followed you from your first post in **, You and Teddy helped me see the future with a measured optimism. Thank you.

[Desperate8]

Got our EAD / AP approval today - hopefully will get the card in the next few days.

Lots of Jan filers are getting their EAD Approval , which also means that the turn around time for EAD approvals is anytime between 30 - 35 days , I think thats quick enough.

I think the wait game has now begin , I hope we the Jan filers start getting approval in a couple of months to come.

Thank you for your support so far . I pray to god that everyone should get GC on time.

[qesehmk]

imdeng - i think you are right. But from USCIS perspective - they might be looking at whether a person is "gainfully employed" i.e. salary and benefits - since they require payslips. However Spec and Kanmani might know better from legal standpoint.

I know from my previous employer's prespective - sabbatical would be a promise to make your job available when you come back. So I had a VP on my team who was called on military duty in Iraq every few years. She would go and come back and the company would allow her to be absent. I think but I am not sure - that she wouldn't be paid for her absence. However she would accrue the years absent towards her pension and retirement benefits. In other words company wouldn't pay a single dime towards her payroll or payroll taxes. However when she retires they wouldn't reduce the active military duty years from the formula for pension benefits. I think you should check w your univ. They probably do the same. And that is what they may be calling "being employed".


Based on my preliminary discussion with Univ's legal people, being on sabbatical means that you are currently on the payroll - so it is equivalent to you being "on the job". Sabbatical does not mean that you have left the employment - so it has no effect on your immigration status. I am specifically talking about tenured or tenure track faculty sabbatical here - I am not sure whether similar interpretation exists outside academia.



Received "CARD PRODUCTION" ordered email for me,wife and daughter at 9AM.
PD:Oct 28, 2007
RD:Nov 1, 2011
ND:Nov 4,2011 :
SC:TSC

I wish you good luck and peace to everybody. My special prayers for Teddy, Nishant, Leo and indiaeb2.
Thank you Q for this forum. Followed you from your first post in **, You and Teddy helped me see the future with a measured optimism. Thank you.

needid - thanks for the kind words and hearty congratulations for your GC and all the best for future!

[tiger_of_web]

Congrats Desperate8. Can you please share your details RD, FP, and Sc ? Thanks



Got our EAD / AP approval today - hopefully will get the card in the next few days.

Lots of Jan filers are getting their EAD Approval , which also means that the turn around time for EAD approvals is anytime between 30 - 35 days , I think thats quick enough.

I think the wait game has now begin , I hope we the Jan filers start getting approval in a couple of months to come.

Thank you for your support so far . I pray to god that everyone should get GC on time.

[imdeng]

You line of thinking seems reasonable Q. One quick thought - USCIS actually does not require payslips - what they do require is an EVL. The 485 instructions ask for an EVL by name, does not mention payslips.

imdeng - i think you are right. But from USCIS perspective - they might be looking at whether a person is "gainfully employed" i.e. salary and benefits - since they require payslips. However Spec and Kanmani might know better from legal standpoint.

I know from my previous employer's prespective - sabbatical would be a promise to make your job available when you come back. So I had a VP on my team who was called on military duty in Iraq every few years. She would go and come back and the company would allow her to be absent. I think but I am not sure - that she wouldn't be paid for her absence. However she would accrue the years absent towards her pension and retirement benefits. In other words company wouldn't pay a single dime towards her payroll or payroll taxes. However when she retires they wouldn't reduce the active military duty years from the formula for pension benefits. I think you should check w your univ. They probably do the same. And that is what they may be calling "being employed".

[Reader]

Friends, please help me with this question. For my wife, when she moved to her next project in another state, the LCA was amended, but her H1 was not amended. Do you think USCIS will have the visibility into the new worksite if the H1 petition that they have is still attached to the previous LCA?

[qesehmk]

i think i answered this to my ability a few pages back.
Friends, please help me with this question. For my wife, when she moved to her next project in another state, the LCA was amended, but her H1 was not amended. Do you think USCIS will have the visibility into the new worksite if the H1 petition that they have is still attached to the previous LCA?

[Momster]

Hi everyone,

Question for those that might have been through this. We're getting ready to file 485 and my form 683 has not been signed by the doc since a chest x ray is reqd due to positive ppd and due to pregnancy, it has to be pending for the next few months.

My question is - what delays does this cause? Does it result in a certain RFE or does it mean that Ead will come in time but not 485 approval? Or does it only delay GC issuance? Can someone who's been through this shed some light? Thanks!

[imdeng]

Pls go through the threads in the Live Discussion section of the forum - the matter has been discussed there. From what I remember, there is a process for pregnant women to continue the application without undue delay - but I don't remember the specifics.

In general, any insufficiency in documentation only delays the 485 approval (through RFE) and not EAD/AP.

Hi everyone,

Question for those that might have been through this. We're getting ready to file 485 and my form 683 has not been signed by the doc since a chest x ray is reqd due to positive ppd and due to pregnancy, it has to be pending for the next few months.

My question is - what delays does this cause? Does it result in a certain RFE or does it mean that Ead will come in time but not 485 approval? Or does it only delay GC issuance? Can someone who's been through this shed some light? Thanks!

[usernameisnotvalid]

updating timeline

PD : 4/10/2009 (Current in 2/12)
Docs Sent: 2/1/2012
ND: 2/7/2012
Received mails from USCIS: 2/11/2012

Question: When can I check my status online using SRC** numbers? I tried after getting these mails but site says could not find the case.

[Reader]

i think i answered this to my ability a few pages back.

Q, Thanks. My question specifically is whether USCIS has any info on the second work location because the LCA is available with only DOL unless it is filed with H1 petition. Is my understanding correct?

[Kanmani]

Q, Thanks. My question specifically is whether USCIS has any info on the second work location because the LCA is available with only DOL unless it is filed with H1 petition. Is my understanding correct?

Common Problem with H1B Employee's Relocation

H1B LCA Update vs. H1B Amendment

As described above, one of the common problems faced by H1B consulting employees is a USCIS site visit following work relocation. The USCIS is not made aware of the filing of a new LCA for the new worksite location, and the investigator, therefore, goes to the original worksite.

It is becoming increasingly clear that it is no longer safe to rely solely on updating the LCA in many instances when an H1B employee changes work locations. In addition to concerns about site visits, we have also begun to see new wording in USCIS requests for evidence (RFEs), asking for proof of H1B amendments for any relocation of the employee during the H1B petition validity period. The General Counsel of the USCIS California Service Center also has publicly indicated the opinion that an amended H1B is required in addition to obtaining a new LCA. It is possible that more definitive guidance on this matter will be released by the USCIS later in 2012, but this is not a certainty.

Background on Filing LCA Amendments for H1Bs

The legal issues on the appropriate procedures for relocating H1B employees are somewhat complex and beyond the scope of this article. For many years it generally was understood that H1B workers could be relocated based on updated LCAs. The USCIS policy, however, is clearly moving to a more restrictive interpretation.

When planning for 2012 and beyond, therefore, employers who do not wish to battle the USCIS on this matter should shift from the traditional practice of relying on LCA updates when moving their employees. Many companies are reluctant to adopt the practice of filing an H1B amendment, as it is often administratively impractical, and is significantly more expensive. However, without an H1B amendment, there is increased legal exposure for both the employer and the employee if the USCIS determines that an employer should have amended the petition.

Reader,

You can READ the full article here http://www.murthy.com/bulletin.html VOL. XVIII, no. 06; Feb 2012, week 2)

Some more information here ....http://www.murthy.com/news/n_revamh.html

[imdeng]

A Trackitt user got greened in 37 days. PD: 12/20/2007, RD: 01/04/2012. The guy believes that his case was processed so quickly because he did not apply for EAD/AP. In any case, we now have our first Jan filer approved. This is weird considering there are so many Nov and Dec filers still waiting.
Link to details if you are interested: http://www.trackitt.com/usa-immigration-trackers/discuss/i485-eb/26152

[eb2may2008]

Guru's,

My PD is 23 May 2008. I filed for AOS/EAD on Jan 2012 and RD is 12 Jan 2012. I received biometrics appointment notification for March 1 2012. I am planning to do a walk in before the scheduled date. How soon can i go for a walk in.

[suninphx]

Common Problem with H1B Employee's Relocation

H1B LCA Update vs. H1B Amendment

As described above, one of the common problems faced by H1B consulting employees is a USCIS site visit following work relocation. The USCIS is not made aware of the filing of a new LCA for the new worksite location, and the investigator, therefore, goes to the original worksite.

It is becoming increasingly clear that it is no longer safe to rely solely on updating the LCA in many instances when an H1B employee changes work locations. In addition to concerns about site visits, we have also begun to see new wording in USCIS requests for evidence (RFEs), asking for proof of H1B amendments for any relocation of the employee during the H1B petition validity period. The General Counsel of the USCIS California Service Center also has publicly indicated the opinion that an amended H1B is required in addition to obtaining a new LCA. It is possible that more definitive guidance on this matter will be released by the USCIS later in 2012, but this is not a certainty.

Background on Filing LCA Amendments for H1Bs

The legal issues on the appropriate procedures for relocating H1B employees are somewhat complex and beyond the scope of this article. For many years it generally was understood that H1B workers could be relocated based on updated LCAs. The USCIS policy, however, is clearly moving to a more restrictive interpretation.

When planning for 2012 and beyond, therefore, employers who do not wish to battle the USCIS on this matter should shift from the traditional practice of relying on LCA updates when moving their employees. Many companies are reluctant to adopt the practice of filing an H1B amendment, as it is often administratively impractical, and is significantly more expensive. However, without an H1B amendment, there is increased legal exposure for both the employer and the employee if the USCIS determines that an employer should have amended the petition.

Reader,

You can READ the full article here http://www.murthy.com/bulletin.html VOL. XVIII, no. 06; Feb 2012, week 2)

Some more information here ....http://www.murthy.com/news/n_revamh.html

Kanmani,

Thanks for this link. Sensible approach by Murthy is to 'identify trends and make necessary changes'.
As for me , one more reason for moving to EAD. I hope there are no such restrictions (yet) for EAD based employment.

Update: when I read both articles , it seems there is no clear guideline still. And that is what my lawyer told me couple of months back. Per him such drastic shift in policy will not be so easy.

[asankaran]

Recently my wife and daughter went to India to get H4 stamping and it was successful. I had few months back relocated from location A to location B and my employer filed just updated the LCA. Some of the attorneys seem to scare but I don't think you may have to worry too much about this. I read that California Service Center was scrutinizing more on this, so folks filing H1 petitions at CSC may have to be extra careful.

Kanmani,

Thanks for this link. Sensible approach by Murthy is to 'identify trends and make necessary changes'.
As for me , one more reason for moving to EAD. I hope there are no such restrictions (yet) for EAD based employment.

Update: when I read both articles , it seems there is no clear guideline still. And that is what my lawyer told me couple of months back. Per him such drastic shift in policy will not be so easy.

[Spectator]

I know some people are interested in the level of new applications, approvals, where those approvals are from and what date the approval PD is.

I am thinking of adding this data to the FACTS & DATA area and keeping it updated, if it is of interest to people.

Here's the recent data . Let me know whether you think it is a good idea or not and whether you would look at it.

Applications Submitted Since October 2011 ------------------------------------------- % Applications Submitted Since October 2011

PD -------------------- Total --- NSC --- TSC --- CSC --- VSC ............... Visa Bulletin --------------- NSC ------ TSC ------ CSC ------ VSC
FY2011 ------------------- 29 ---- 11 ---- 18 ----- 0 ----- 0 ............... FY2011 ------------------- 37.93% --- 62.07% ---- 0.00% ---- 0.00%
October VB -------------- 124 ---- 18 --- 106 ----- 0 ----- 0 ............... October VB --------------- 14.52% --- 85.48% ---- 0.00% ---- 0.00%
November VB ------------- 382 --- 132 --- 245 ----- 3 ----- 2 ............... November VB -------------- 34.55% --- 64.14% ---- 0.79% ---- 0.52%
December VB ------------- 416 --- 170 --- 237 ----- 3 ----- 6 ............... December VB -------------- 40.87% --- 56.97% ---- 0.72% ---- 1.44%
January VB -------------- 430 --- 154 --- 262 ----- 8 ----- 6 ............... January VB --------------- 35.81% --- 60.93% ---- 1.86% ---- 1.40%
February VB ------------- 171 ---- 50 --- 112 ----- 3 ----- 6 ............... February VB -------------- 29.24% --- 65.50% ---- 1.75% ---- 3.51%

Total ----------------- 1,552 --- 535 --- 980 ---- 17 ---- 20 ............... All Apps ----------------- 34.47% --- 63.14% ---- 1.10% ---- 1.29%


Approvals for Applications Submitted Since October 2011 ---------------------------- % Approvals for Applications Submitted Since October 2011

Visa Bulletin --------- Total --- NSC --- TSC --- CSC --- VSC ............... Visa Bulletin -- Total ------ NSC ------ TSC ------ CSC ------ VSC
FY2011 -------------------- 7 ----- 3 ----- 4 ----- 0 ----- 0 ............... FY2011 -------- 24.14% --- 27.27% --- 22.22% ---- 0.00% ---- 0.00%
October VB --------------- 52 ---- 10 ---- 42 ----- 0 ----- 0 ............... October VB ---- 41.94% --- 55.56% --- 39.62% ---- 0.00% ---- 0.00%
November VB -------------- 87 ---- 42 ---- 44 ----- 1 ----- 0 ............... November VB --- 22.77% --- 31.82% --- 17.96% --- 33.33% ---- 0.00%
December VB -------------- 10 ----- 5 ----- 5 ----- 0 ----- 0 ............... December VB ---- 2.40% ---- 2.94% ---- 2.11% ---- 0.00% ---- 0.00%
January VB ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ............... January VB ----- 0.00% ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00%
February VB --------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ............... February VB ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00%

Total ------------------- 156 ---- 60 ---- 95 ----- 1 ----- 0 ............... All Apps ------ 10.05% --- 11.21% ---- 9.69% ---- 5.88% ---- 0.00%


Approvals by PD Month for FY2012 VB

PD -------------------- Total --- NSC --- TSC --- CSC --- VSC
April 15 2007 - ----------- 6 ----- 0 ----- 6 ----- 0 ----- 0
May 2007 ----------------- 15 ----- 2 ---- 13 ----- 0 ----- 0
June 2007 ---------------- 27 ----- 8 ---- 19 ----- 0 ----- 0
July 2007 ---------------- 19 ----- 2 ---- 17 ----- 0 ----- 0
August 2007 -------------- 21 ---- 11 ---- 10 ----- 0 ----- 0
September 2007 ----------- 20 ---- 12 ----- 8 ----- 0 ----- 0
October 2007 ------------- 31 ---- 17 ---- 13 ----- 1 ----- 0
November 2007 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0
December 2007 ------------- 3 ----- 3 ----- 0 ----- 0 ----- 0
January 2008 -------------- 3 ----- 2 ----- 1 ----- 0 ----- 0
February 2008 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0
March 2008 ---------------- 2 ----- 0 ----- 2 ----- 0 ----- 0
April 2008 ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0
May 2008 ------------------ 0 ----- 0 ----- 0 ----- 0 ----- 0
June 2008 ----------------- 0 ----- 0 ----- 0 ----- 0 ----- 0

Post Apr 15 PD Appr. ---- 149 ---- 57 ---- 91 ----- 1 ----- 0
Post July PD Approvals --- 82 ---- 45 ---- 36 ----- 1 ----- 0
All Approvals ----------- 156 ---- 60 ---- 95 ----- 1 ----- 0

[nishant2200]

Wov! Thanks. Very very useful to see trend.

1. TSC seems to be having more apps to process.
2. Both TSC NSC are into the meat of November filers. Feb will be the month of Nov filers, while March will be Dec filers.
- few outliers will/do get lucky

Few my own:
3. And in general, seems to me that EB2ROW, EB1 demand is less than what trackitt might suggest.
4. RFE are being issued a plenty. From case status online analysis, saw cases until mid Nov RD fairly touched as well as almost 40% had RFE.
5. Dec filings very very rare to find approval.



I know some people are interested in the level of new applications, approvals, where those approvals are from and what date the approval PD is.

I am thinking of adding this data to the FACTS & DATA area and keeping it updated, if it is of interest to people.

Here's the data from earlier this evening. Let me know whether you think it is a good idea or not and whether you would look at it.

Applications Since October 2011

Visa Bulletin --------- Total --- NSC --- TSC --- CSC --- VSC
FY2011 ------------------- 28 ---- 10 ---- 18 ----- 0 ----- 0
October VB -------------- 123 ---- 18 --- 105 ----- 0 ----- 0
November VB ------------- 379 --- 132 --- 242 ----- 3 ----- 2
December VB ------------- 414 --- 169 --- 236 ----- 3 ----- 6
January VB -------------- 421 --- 152 --- 255 ----- 8 ----- 6
February VB ------------- 161 ---- 48 --- 104 ----- 3 ----- 6

Total ----------------- 1,526 --- 529 --- 960 ---- 17 ---- 20


Approvals for Applications Submitted Since October 2011 ----------------------------- % Approvals for Applications Submitted Since October 2011

Visa Bulletin --------- Total --- NSC --- TSC --- CSC --- VSC ............... Visa Bulletin -- Total ------ NSC ------ TSC ------ CSC ------ VSC
FY2011 -------------------- 7 ----- 3 ----- 4 ----- 0 ----- 0 ............... FY2011 -------- 25.00% --- 30.00% --- 22.22% ---- 0.00% ---- 0.00%
October VB --------------- 48 ---- 10 ---- 38 ----- 0 ----- 0 ............... October VB ---- 39.02% --- 55.56% --- 36.19% ---- 0.00% ---- 0.00%
November VB -------------- 84 ---- 40 ---- 43 ----- 1 ----- 0 ............... November VB --- 22.16% --- 30.30% --- 17.77% --- 33.33% ---- 0.00%
December VB -------------- 10 ----- 5 ----- 5 ----- 0 ----- 0 ............... December VB ---- 2.42% ---- 2.96% ---- 2.12% ---- 0.00% ---- 0.00%
January VB ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ............... January VB ----- 0.00% ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00%
February VB --------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ............... February VB ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00%

Total ------------------- 149 ---- 58 ---- 90 ----- 1 ----- 0 ............... Average -------- 9.76% --- 10.96% ---- 9.38% ---- 5.88% ---- 0.00%


Approvals by PD Month for FY2012 VB

PD -------------------- Total --- NSC --- TSC --- CSC --- VSC
April 15 2007 - ----------- 5 ----- 0 ----- 5 ----- 0 ----- 0
May 2007 ----------------- 15 ----- 2 ---- 13 ----- 0 ----- 0
June 2007 ---------------- 25 ----- 8 ---- 17 ----- 0 ----- 0
July 2007 ---------------- 18 ----- 2 ---- 16 ----- 0 ----- 0
August 2007 -------------- 21 ---- 11 ---- 10 ----- 0 ----- 0
September 2007 ----------- 18 ---- 11 ----- 7 ----- 0 ----- 0
October 2007 ------------- 30 ---- 16 ---- 13 ----- 1 ----- 0
November 2007 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0
December 2007 ------------- 3 ----- 3 ----- 0 ----- 0 ----- 0
January 2008 -------------- 3 ----- 2 ----- 1 ----- 0 ----- 0
February 2008 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0
March 2008 ---------------- 2 ----- 0 ----- 2 ----- 0 ----- 0
April 2008 ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0
May 2008 ------------------ 0 ----- 0 ----- 0 ----- 0 ----- 0
June 2008 ----------------- 0 ----- 0 ----- 0 ----- 0 ----- 0

Post Apr 15 PD Appr. ---- 142 ---- 55 ---- 86 ----- 1 ----- 0
Post July PD Approvals --- 79 ---- 43 ---- 35 ----- 1 ----- 0
All Approvals ----------- 149 ---- 58 ---- 90 ----- 1 ----- 0

[Momster]

Thanks, imdeng. I looked on the I-683 thread and didn't find a similar discussion. This was discussed on the 485 and CP thread where it basically says that 485 can't be adjudicated without a complete I-683 form. Mine doesn't have signatures since the chest X-ray is pending, so will result in a delay I guess. Oh well..


Pls go through the threads in the Live Discussion section of the forum - the matter has been discussed there. From what I remember, there is a process for pregnant women to continue the application without undue delay - but I don't remember the specifics.

In general, any insufficiency in documentation only delays the 485 approval (through RFE) and not EAD/AP.

[imdeng]

Spec - this is very useful and I would definitely look at it every couple of days. Considering that we don't have reliable Demand Date and 485 Inventory these days, the progress being made, as seen through trackitt, it very useful to get a sense of where we are at the moment. I support keeping it as a feature in Facts and Data section.

I know some people are interested in the level of new applications, approvals, where those approvals are from and what date the approval PD is.

I am thinking of adding this data to the FACTS & DATA area and keeping it updated, if it is of interest to people.

Here's the data from earlier this evening. Let me know whether you think it is a good idea or not and whether you would look at it.

[Soleil]

Hi.. I have been a silent follower of this blog for a few months now.Kudos to all you folks out there to make so informative..!!

I have a quick question : Our Notice date is January 24 and we are unable to check our case status online.It says case status not found.What do we do ? Is this common ?

[ontheedge]

Hi.. I have been a silent follower of this blog for a few months now.Kudos to all you folks out there to make so informative..!!

I have a quick question : Our Notice date is January 24 and we are unable to check our case status online.It says case status not found.What do we do ? Is this common ?

Yes, it usually takes a couple days to show up online. Its pretty normal.

[leo4ever]

Momster,

We were in the same situation (jan filer). Civil surgeon will fill the form and mark the TB test thing as contra-indicated. We did not even take live vaccinations (like MMR) as they should not be administered.

Civil sugeon asked us to get a letter from Gyn stating my wife is pregnant and she cannot be administered with live vaccination. Civil Surgeon will mark those tests as contra-indicated and signed based on those forms from Gyn.


Thanks, imdeng. I looked on the I-683 thread and didn't find a similar discussion. This was discussed on the 485 and CP thread where it basically says that 485 can't be adjudicated without a complete I-683 form. Mine doesn't have signatures since the chest X-ray is pending, so will result in a delay I guess. Oh well..

[Soleil]

Yes, it usually takes a couple days to show up online. Its pretty normal.

Thanks ontheedge , but it's more than 2 weeks after I received the receipt mail from USCIS.
How long does it normally take to track status online? Do I need to call USCIS?

[essenel]

I know some people are interested in the level of new applications, approvals, where those approvals are from and what date the approval PD is.

I am thinking of adding this data to the FACTS & DATA area and keeping it updated, if it is of interest to people.

Here's the data from earlier this evening. Let me know whether you think it is a good idea or not and whether you would look at it.

Spec, wow, thanks a lot. Just a quick question on the last 3 lines. Does post Apr 15 approvals mean Apr to July approvals or all post Apr 15 approvals? (seems like the latter).

[Spectator]

Spec, wow, thanks a lot. Just a quick question on the last 3 lines. Does post Apr 15 approvals mean Apr to July approvals or all post Apr 15 approvals? (seems like the latter).essenel,

I couldn't find a good short description unfortunately.

Yes, it is all approvals with PD April 15, 2007 onwards (for application received by USCIS from October 1, 2011 onwards).

Thanks for the feedback.

[sandeep11]

Nishant,

In the last AILA meeting Mr. CO mentioned that they are supposed to use 45% by end of Feb and they have used only 34% (by Jan 12th) and they are looking at 11% usage for the rest of Feb. I am thinking that NSC was more efficient in using the numbers and TSC was lacking behind. They might have got a shot in the back most recently and they have tried to catch up with NSC in using the numbers.

I am hoping that 11% falls into Dec filers too. But with the trend of recent approvals I guess it is a little tough. There could be few lucky ones though.







Wov! Thanks. Very very useful to see trend.

1. TSC seems to be having more apps to process.
2. Both TSC NSC are into the meat of November filers. Feb will be the month of Nov filers, while March will be Dec filers.
- few outliers will/do get lucky

Few my own:
3. And in general, seems to me that EB2ROW, EB1 demand is less than what trackitt might suggest.
4. RFE are being issued a plenty. From case status online analysis, saw cases until mid Nov RD fairly touched as well as almost 40% had RFE.
5. Dec filings very very rare to find approval.

[ontheedge]

Thanks ontheedge , but it's more than 2 weeks after I received the receipt mail from USCIS.
How long does it normally take to track status online? Do I need to call USCIS?

I had read somewhere that there was a batch of people who filed in a given period and were having trouble with online tracking. I dont know if that issue was resolved. But calling USCIS should be no harm.

[Reader]

I had read somewhere that there was a batch of people who filed in a given period and were having trouble with online tracking. I dont know if that issue was resolved. But calling USCIS should be no harm.

My RD is 6th Dec and my case status still does not show up. My EAD and AP receipt numbers started showing up after they were approved, but 485 receipt numbers are still not showing up.

[gc_usa]

I had read somewhere that there was a batch of people who filed in a given period and were having trouble with online tracking. I dont know if that issue was resolved. But calling USCIS should be no harm.

Soleil

I think you are in same boat as me and others. Don't worry actually it is helping to get to level 2 officer all the time straight. Since level 1 can't track case they forward to Level 2. Also once you get approved you will see online case being updated.

When you talk to level 2 you can ask little more than what you can see on site. Like you can ask if Background check is done or not. Or they can give you tracking no once your EAD /AP /GC card mailed out.

Be patient and enjoy gc ride !!!

[imdeng]

Spec - just thinking aloud - I have the following suggestion: the second table seems redundant - that can be taken out. The first and the third table can be combined together to give a complete picture. The last table (PD Month) is fine as it is. Thanks again for the awesome work.

Spec
This is a very good compilation showing the current trend. Thank you.
My opinion is you may shorten this data into a single table while adding to the FACTS & DATA .
Lets see what the majority feels.

[Reader]

Reader,

You can READ the full article here http://www.murthy.com/bulletin.html VOL. XVIII, no. 06; Feb 2012, week 2)

Some more information here ....http://www.murthy.com/news/n_revamh.html[/COLOR]

Kanmani, Thanks for the links. It was very useful, especially the h1 amendment part.

Friends, please help me with this scenario if it plays out... For the year 2008, my wife has the W2, but we did not save the corresponding pay stubs. The w2 salary is less than the LCA prevailing wage by 2 months worth of salary. Now my question is,

1. will USCIS accept w2 or is there a possibility of requesting pay stubs specifically.

2. For the purpose of proving that the out of status is less than 180 days for using 245K, will the w2 be sufficient to prove that she was not paid for 2 months or could it be interpreted that the company paid less than prevailing wage for the entire year and thus making it a violation of status for the entire year (>180 days)

I am just trying to have peace of mind till the 485 decision comes out, but it is proving to be difficult due to this issue. Please help with your suggestions.

[aguy007]

slightly OT, but recently read this article

New Research Finds Soaring Denial Rates for High Skill Professionals

http://www.forbes.com/sites/stuartanderson/2012/02/12/new-research-finds-soaring-denial-rates-for-high-skill-professionals/

[Kanmani]

Kanmani, Thanks for the links. It was very useful, especially the h1 amendment part.

Friends, please help me with this scenario if it plays out... For the year 2008, my wife has the W2, but we did not save the corresponding pay stubs. The w2 salary is less than the LCA prevailing wage by 2 months worth of salary. Now my question is,

1. will USCIS accept w2 or is there a possibility of requesting pay stubs specifically.

2. For the purpose of proving that the out of status is less than 180 days for using 245K, will the w2 be sufficient to prove that she was not paid for 2 months or could it be interpreted that the company paid less than prevailing wage for the entire year and thus making it a violation of status for the entire year (>180 days)

I am just trying to have peace of mind till the 485 decision comes out, but it is proving to be difficult due to this issue. Please help with your suggestions.

Reader, Don't worry everything will go good . Only very few people have a cake walk in their GC process, rest of us might go through few sleepless nights at some point of time in our journey. Believe in God.

Could you please pour more information on how you wife has gone out of status for 3 months? More case specific information like
H1b revoked/ bench pay/ worked with no pay etc.....

[Reader]

Could you please pour more information on how you wife has gone out of status for 3 months? More case specific information like
H1b revoked/ bench pay/ worked with no pay etc.....

It is due to the bench pay. Therefore, the w2 is off by 2 months worth of salary compared to the LCA prevailing wage. Now, my main question is how will USCIS treat the difference i.e. that it was 2 months with out pay (60 day violation) or underpaid for the entire year (360 day violation).

[Kanmani]

So there is 60 days inbetween the date of last paystub and the date of COS application received by USCIS right ?

If so, only 60 days period is counted against status violation .

[nishant2200]

sandeep, 45% by end of february means 9% each month they are following, and they are fine with visas running out anytime in the last month of FY (September), but they don't want situation wherein there are visas wasted.

So even if they meet the 11% goal in February itself, which is 2% more than targeted per month, so that they catch up to 9% for the five months each month gone by so far, we still have 9% for March, and so on each month. As long as EB2ROW and EB1 visa demand remains low, which it looks like it is, and also whenever hopefully we get a morphine shot from the EB5 bonus, December filers should fare fine.

In fact, starting next month, I won't be surprised if even a few lucky handful of January filers get into the extremely lucky 2 month approval case, as long as they don't get RFE and have had an early 1 month FP.

Nishant,

In the last AILA meeting Mr. CO mentioned that they are supposed to use 45% by end of Feb and they have used only 34% (by Jan 12th) and they are looking at 11% usage for the rest of Feb. I am thinking that NSC was more efficient in using the numbers and TSC was lacking behind. They might have got a shot in the back most recently and they have tried to catch up with NSC in using the numbers.

I am hoping that 11% falls into Dec filers too. But with the trend of recent approvals I guess it is a little tough. There could be few lucky ones though.

[Reader]

So there is a 60 days inbetween the date of last paystub and the date of COS application received by USCIS right ?

If so, only 60 days period is counted against status violation .

Sorry, let me give you the complete sequence.

1. H4 to H1 approved effective Oct 1st, 2007
2. Company paid starting from March 1st, 2008.
3. W2 available for 2008 which is 2 months lesser than LCA wage. Do not have the pay stubs for 2008 as we did not save them.
4. Worked until March 2009 and converted to H4 effective April 1st 2009. W2 and pay stubs available for 2009.


Now the entire duration of out of status is 150 days. However, since we don't have the pay stubs for 2008 and W2 does not clearly tell whether it was 2 months without pay or underpaid for the entire year.

[mesan123]

Hi Nishanth, Q ,spec,and GURU's. i know we have less data at this point. as dec fillers are getting approvals and as CO mentioned he is not planning on retrogression ( as per AILA Meeting with Mr.CO) thill end of summer.

what would be the retrogression point? will be mid of 2008 or early 2009???




sandeep, 45% by end of february means 9% each month they are following, and they are fine with visas running out anytime in the last month of FY (September), but they don't want situation wherein there are visas wasted.

So even if they meet the 11% goal in February itself, which is 2% more than targeted per month, so that they catch up to 9% for the five months each month gone by so far, we still have 9% for March, and so on each month. As long as EB2ROW and EB1 visa demand remains low, which it looks like it is, and also whenever hopefully we get a morphine shot from the EB5 bonus, December filers should fare fine.

In fact, starting next month, I won't be surprised if even a few lucky handful of January filers get into the extremely lucky 2 month approval case, as long as they don't get RFE and have had an early 1 month FP.

[username]

It is due to the bench pay. Therefore, the w2 is off by 2 months worth of salary compared to the LCA prevailing wage. Now, my main question is how will USCIS treat the difference i.e. that it was 2 months with out pay (60 day violation) or underpaid for the entire year (360 day violation).

I don't think USCIS will go into this depth of comparing W2 with LCA. I never heard about anybody reporting this kind of issue even recently USA had worst recession period. Don't worry about this issue and just relax.

[GCHopes]

I am starting to think, there is an additional criteria beyond not filing for EAD/AP. Are they also looking at how long have we stayed with the current company? In all the recent cases posted on Trackitt, further comments indicate that they all have been with the same company that filed for Green Card, for more than 4 years. Could that have something to do with processing times? Just thinking out loud!



A Trackitt user got greened in 37 days. PD: 12/20/2007, RD: 01/04/2012. The guy believes that his case was processed so quickly because he did not apply for EAD/AP. In any case, we now have our first Jan filer approved. This is weird considering there are so many Nov and Dec filers still waiting.
Link to details if you are interested: http://www.trackitt.com/usa-immigration-trackers/discuss/i485-eb/26152

[Kanmani]

150 days period was from oct 1st 2007 to feb 29 2008, so she was out of status for 150 days only not for the entire 2008. In case if you may be need to prove the status for the entire period of her stay , you need the copies of paystubs for 2008 .

You can get them from her ex employer or if possible/applicable you can even request the pay check company with her employee id number to get the copies .


Sorry, let me give you the complete sequence.

1. H4 to H1 approved effective Oct 1st, 2007
2. Company paid starting from March 1st, 2008.
3. W2 available for 2008 which is 2 months lesser than LCA wage. Do not have the pay stubs for 2008 as we did not save them.
4. Worked until March 2009 and converted to H4 effective April 1st 2009. W2 and pay stubs available for 2009.


Now the entire duration of out of status is 150 days. However, since we don't have the pay stubs for 2008 and W2 does not clearly tell whether it was 2 months without pay or underpaid for the entire year.

[fedupwithgc]

I think the dates moving back is not going to impact us a lot due to 2 reasons
Ususally they move the dates back because they cant take teh case load. but in our case case load has already been generated. Historically, EB3 porting and PERM delay caused lead to case delays and USCIS doesnt want to overload themselves,so they move dates very slow in last 4 yours.

EB3 after July 2007 is low,so porting is minimal and most of EB3 porting will be before July 2007 so dates retrogression to control porting is ruled out.

PERM delays upto 1 year and MTR for I140 used to cause too much delays, but people upto early 2009 are 90% clear so demand wont increase much in upcoming months for atleast mid 2009.

So stalling dates around 2010 or retrogression to somewhere around end of 2008 or early 2009 will have same effect. Now how many people will get through by end of FY12 is the point, which looking at the data I believe atleast mid 2008 and if same trend follows FY13 should jump into mid 2010.


I conclude by saying no porting and no late filers in these recent months, if USCIS and DOS can keep up with the inventory and DD, we can track the movement more confidently.

[imdeng]

Well - here is my opinion - we are already into a situation where lucky Mar-08 PD people are getting approved. So for me, this is the baseline for retrogression (the worst case). Now, some part of Jan filers (15-Mar-2008 to 31-Dec 2008 PD) will get approved this FY but I don't see them getting into Feb filers before the FY numbers run out. So my best expectation for retrogression is 1-Jan-2009. Within that range, any point between 15-Mar-2008 to 1-Jan-2009 is possible as a retrogression stop point.

Hi Nishanth, Q ,spec,and GURU's. i know we have less data at this point. as dec fillers are getting approvals and as CO mentioned he is not planning on retrogression ( as per AILA Meeting with Mr.CO) thill end of summer.

what would be the retrogression point? will be mid of 2008 or early 2009???

[vizcard]

imdeng... retrogression to Jan 1, 2009 implies that everyone before that will get a GC (right?)...unless there's RFE and such. I don't think thats reasonable.

[imdeng]

The only situation retrogression will happen is when USCIS demands more visa numbers than DOS has available for FY12. Then DOS, in an attempt to keep visa issuance within the limit, will retrogress to a level that will allow them to issue visas without wasting visa numbers.

Retrogression has nothing to do with case load. It is only for the purpose of regulating the number of visas issued in a year so that USCIS/DOS consume all available visas, do not exceed visa quotas and do not waste visa numbers.


I think the dates moving back is not going to impact us a lot due to 2 reasons
Ususally they move the dates back because they cant take teh case load. but in our case case load has already been generated. Historically, EB3 porting and PERM delay caused lead to case delays and USCIS doesnt want to overload themselves,so they move dates very slow in last 4 yours.

EB3 after July 2007 is low,so porting is minimal and most of EB3 porting will be before July 2007 so dates retrogression to control porting is ruled out.

PERM delays upto 1 year and MTR for I140 used to cause too much delays, but people upto early 2009 are 90% clear so demand wont increase much in upcoming months for atleast mid 2009.

So stalling dates around 2010 or retrogression to somewhere around end of 2008 or early 2009 will have same effect. Now how many people will get through by end of FY12 is the point, which looking at the data I believe atleast mid 2008 and if same trend follows FY13 should jump into mid 2010.


I conclude by saying no porting and no late filers in these recent months, if USCIS and DOS can keep up with the inventory and DD, we can track the movement more confidently.

[nishant2200]

Well - here is my opinion - we are already into a situation where lucky Mar-08 PD people are getting approved. So for me, this is the baseline for retrogression (the worst case). Now, some part of Jan filers (15-Mar-2008 to 31-Dec 2008 PD) will get approved this FY but I don't see them getting into Feb filers before the FY numbers run out. So my best expectation for retrogression is 1-Jan-2009. Within that range, any point between 15-Mar-2008 to 1-Jan-2009 is possible as a retrogression stop point.

I completely agree with you.

[imdeng]

That is why Jan 1, 2009 is my best case - it can happen if there is severe Demand Destruction in 2008 PDs - but it is unlikely.

imdeng... retrogression to Jan 1, 2009 implies that everyone before that will get a GC (right?)...unless there's RFE and such. I don't think thats reasonable.

[kd2008]

The only situation retrogression will happen is when USCIS demands more visa numbers than DOS has available for FY12. Then DOS, in an attempt to keep visa issuance within the limit, will retrogress to a level that will allow them to issue visas without wasting visa numbers.

Retrogression has nothing to do with case load. It is only for the purpose of regulating the number of visas issued in a year so that USCIS/DOS consume all available visas, do not exceed visa quotas and do not waste visa numbers.

You are right, imdeng. This is why, Mr. CO probably would rather consume all visas available and then make EB2IC "unavailable" for, may be, last two months of the fiscal year - provided there is enough demand from EB2ROW for those two months. The situation is quite dynamic and very different from earlier july 2007 fiasco buildup after which USCIS was sitting on a pile of pre-adjudicated cases.

Folks from any of the dates could get their GC if USCIS is able to process them and that particular PD is current at the time of approval. Yes, that means a few 2009 folks may also see approvals.

[mygreen]

Spec,

Wow, Terrific Data yet again from Big S. I always wonder if you work for CIS/DOS to get such great data? Anyways very helpful.

One question, Even I've see folks claiming TSC approvals with PD Jan 2008 (1),Feb 2008(1), Mar 2008(2). But don't you doubt the reliability of the claims? I suspect this because not many approvals with PD of Dec 2007. Given this, do you think TSC would have picked Mar 2008 application and adjudicate??

Thanks


I know some people are interested in the level of new applications, approvals, where those approvals are from and what date the approval PD is.

I am thinking of adding this data to the FACTS & DATA area and keeping it updated, if it is of interest to people.

Here's the recent data . Let me know whether you think it is a good idea or not and whether you would look at it.

Applications Since October 2011 ----------------------------------------------------- % Approvals for Applications Submitted Since October 2011

PD -------------------- Total --- NSC --- TSC --- CSC --- VSC ............... Visa Bulletin --------------- NSC ------ TSC ------ CSC ------ VSC
FY2011 ------------------- 28 ---- 10 ---- 18 ----- 0 ----- 0 ............... FY2011 ------------------- 35.71% --- 64.29% ---- 0.00% ---- 0.00%
October VB -------------- 124 ---- 18 --- 106 ----- 0 ----- 0 ............... October VB --------------- 14.52% --- 85.48% ---- 0.00% ---- 0.00%
November VB ------------- 381 --- 132 --- 244 ----- 3 ----- 2 ............... November VB -------------- 34.65% --- 64.04% ---- 0.79% ---- 0.52%
December VB ------------- 414 --- 169 --- 236 ----- 3 ----- 6 ............... December VB -------------- 40.82% --- 57.00% ---- 0.72% ---- 1.45%
January VB -------------- 426 --- 152 --- 260 ----- 8 ----- 6 ............... January VB --------------- 35.68% --- 61.03% ---- 1.88% ---- 1.41%
February VB ------------- 169 ---- 50 --- 110 ----- 3 ----- 6 ............... February VB -------------- 29.59% --- 65.09% ---- 1.78% ---- 3.55%

Total ----------------- 1,542 --- 531 --- 974 ---- 17 ---- 20 ............... All Apps ----------------- 34.44% --- 63.16% ---- 1.10% ---- 1.30%


Approvals for Applications Submitted Since October 2011 ----------------------------- % Approvals for Applications Submitted Since October 2011

Visa Bulletin --------- Total --- NSC --- TSC --- CSC --- VSC ............... Visa Bulletin -- Total ------ NSC ------ TSC ------ CSC ------ VSC
FY2011 -------------------- 7 ----- 3 ----- 4 ----- 0 ----- 0 ............... FY2011 -------- 25.00% --- 30.00% --- 22.22% ---- 0.00% ---- 0.00%
October VB --------------- 51 ---- 10 ---- 41 ----- 0 ----- 0 ............... October VB ---- 41.13% --- 55.56% --- 38.68% ---- 0.00% ---- 0.00%
November VB -------------- 86 ---- 41 ---- 44 ----- 1 ----- 0 ............... November VB --- 22.57% --- 31.06% --- 18.03% --- 33.33% ---- 0.00%
December VB -------------- 10 ----- 5 ----- 5 ----- 0 ----- 0 ............... December VB ---- 2.42% ---- 2.96% ---- 2.12% ---- 0.00% ---- 0.00%
January VB ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ............... January VB ----- 0.00% ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00%
February VB --------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ............... February VB ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00%

Total ------------------- 154 ---- 59 ---- 94 ----- 1 ----- 0 ............... All Apps ------- 9.99% --- 11.11% ---- 9.65% ---- 5.88% ---- 0.00%

Approvals by PD Month for FY2012 VB

PD -------------------- Total --- NSC --- TSC --- CSC --- VSC
April 15 2007 - ----------- 6 ----- 0 ----- 6 ----- 0 ----- 0
May 2007 ----------------- 15 ----- 2 ---- 13 ----- 0 ----- 0
June 2007 ---------------- 26 ----- 8 ---- 18 ----- 0 ----- 0
July 2007 ---------------- 19 ----- 2 ---- 17 ----- 0 ----- 0
August 2007 -------------- 21 ---- 11 ---- 10 ----- 0 ----- 0
September 2007 ----------- 20 ---- 12 ----- 8 ----- 0 ----- 0
October 2007 ------------- 30 ---- 16 ---- 13 ----- 1 ----- 0
November 2007 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0
December 2007 ------------- 3 ----- 3 ----- 0 ----- 0 ----- 0
January 2008 -------------- 3 ----- 2 ----- 1 ----- 0 ----- 0
February 2008 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0
March 2008 ---------------- 2 ----- 0 ----- 2 ----- 0 ----- 0
April 2008 ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0
May 2008 ------------------ 0 ----- 0 ----- 0 ----- 0 ----- 0
June 2008 ----------------- 0 ----- 0 ----- 0 ----- 0 ----- 0

Post Apr 15 PD Appr. ---- 147 ---- 56 ---- 90 ----- 1 ----- 0
Post July PD Approvals --- 81 ---- 44 ---- 36 ----- 1 ----- 0
All Approvals ----------- 154 ---- 59 ---- 94 ----- 1 ----- 0

[tatikonda]

Hi Gurus,

can you guys throw some light on possible April VB ..
What are your predictions ??

Regards
Tatikonda

[nishant2200]

Found this link from USCIS website:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1.html

It is public version of adjudicator's field manual.

let's see if we find some useful info in it.

[krishnav]

This is looks interesting.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1749.html#0-0-0-292

But, it doesnt say anything about why certain cases would be approved before others, unless they received them before others. But we are seeing some cases approved from latest bulletins before older PD's. So, even though they say
Receipt date is the only criteria, I am not sure if that is being followed. Am I missing something??


Found this link from USCIS website:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1.html

It is public version of adjudicator's field manual.

let's see if we find some useful info in it.

[aguy007]

I had a similar question - see post 20654 http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=20654#post20654

It will be nice to hear from those who are getting approvals "out-of-turn" if they did something extra or different along with sending their application. Of course, if there is such a thing and everyone starts following it, then it is back to square one :)




This is looks interesting.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1749.html#0-0-0-292

But, it doesnt say anything about why certain cases would be approved before others, unless they received them before others. But we are seeing some cases approved from latest bulletins before older PD's. So, even though they say
Receipt date is the only criteria, I am not sure if that is being followed. Am I missing something??

[nishant2200]

I found following helpful areas:


http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1166.html#0-0-0-276

* An IBIS query on a new application/petition must be run within 15 calendar days of initial receipt.

* In addition to the initial query, an IBIS query must be conducted at any of the following times, if evidence of

the IBIS query indicates it is no longer current (i.e. more than 180 days old):


· At the time of decision;


· At the time temporary evidence of lawful permanent residence is provided to an alien, such as an I-551 stamp

in a passport or an I-551 stamp placed on a Forms I-94 ;


· Prior to issuing documentation for a benefit (e.g., a Form I-130 approval notice); or


· At the time documentation of a granted benefit is issued to an alien, such as an Employment Authorization

Document or a Form I-512 .

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-28556.html#0-0-0-851

* Note: Interim benefits include the ability to remain in the U.S. while their application is pending when they

would otherwise have no legal basis to remain, employment authorization, or advance parole. If the case is missing

initial evidence and we promptly send an RFE for such evidence, it stops the clock for eligibility for an EAD, and

the clock will start over when we receive it or the time expires. Similarly, we want to try to identify any common

additional evidence that might be required, because our sending a notice requesting that evidence will stop the

processing clock. Conducting this initial review early, and not simply issuing EADs and advance paroles on

incomplete applications, is a basic premise of both the Dallas Office Rapid Adjustment (DORA) up-front pilot which

we are running in our Dallas office and the NBC process.

* http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2061/0-0-0-2253.html#0-0-0-316

From time to time, you may have need to translate a document which is relevant to a case but not submitted as part

of the supporting documents. In other instances, you may have reason to suspect the accuracy of a translation

which has been submitted. Some offices have access to translation services provided by employees or others. In

addition, USCIS officers may request translation services for documents in all major languages from the New York

District Office. [(b)(2) or (b)(7)(E)]


http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2281/0-0-0-2416.html#0-0-0-341

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-28634.html#0-0-0-859

* Research websites listed

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3055.html#0-0-0-381


* Note
For employment based cases, an Affidavit of Support is required only if the intending immigrant will work for a

relative who is eligible to file a Form I-130 on behalf of the intending. Therefore, for purposes of the Affidavit

of Support, a relative is defined as (1) a U.S. citizen or LPR who is the intending immigrant’s spouse, parent,

child, adult son or daughter, or (2) a U.S. citizen who is the intending immigrant’s brother or sister.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-20442/0-0-0-20515.html#0-0-0-691 (AP)

* · G-325A checks shall be made unless the file reflects that such checks were previously made or the

applicant is a Cuban national in possession of an appointment letter furnished by a U.S. consular officer in

Nassau, Bahamas, or Port-of Spain, Trinidad, advising him to apply for Form I-512. However, in the case of an

alien departing under emergent circumstances, checks may be made on a post-audit basis.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1749.html#0-0-0-292

* (b) Cases Held for Submission of Additional Information . [Chapter 10.11(b) update effective June 18, 2007.]


When an application or petition provides insufficient information to make a decision, USCIS may request additional evidence. The request for evidence or notice of intent to deny must be in writing and must specify the type of evidence required. The request must state whether initial evidence or additional evidence is required. Alternatively, the basis for the proposed denial must give the applicant or petitioner adequate notice and sufficient information to respond. The request for evidence or notice of intent to deny must indicate the deadline for response. See 8 CFR 103.2(b)(8) .


USCIS may hold the case in abeyance while waiting for the applicant or petitioner to respond. However, the maximum response time for a request for evidence cannot exceed 12 weeks, and for a notice of intent to deny cannot exceed 30 days. Additional time to respond to a request for evidence or notice of intent to deny may not be granted. See 8 CFR 103.2(b)(8) .


If USCIS receives a response, or the time to submit a response elapses, the case shall be returned to its original processing place. Returning the file to the original processing place will normally make the case ready for immediate adjudication.

[vizcard]

So I have a question for the board. For now this is hypothetical but it will be real pretty soon for my wife.
- H status expired
- EAD / AP in hand
- 485 pending

If you had to fill out a form asking for status in the US (Permanent Resident, Worker, Visitor, Student) ..what would you fill ? If none of these..what would you fill out.

[Spectator]

I wonder whether the recent upturn in EB2-IC approvals is an attempt by USCIS to convince DOS that they have the capacity to adjudicate sufficient applications to use up the available visas.

CO mentioned previously that part of his discussions with USCIS was not to have so big an Inventory that USCIS would have to reissue AP and EAD documents.

For USCIS, that is time and resource without any income. USCIS may be signalling that they do not want further forward movement.

If that is the reason, and CO notes it, then it makes an end to the forward movement of Cut Off Dates more likely.

Even at the lowest OR, with the known Cut Off Date movement, there are already sufficient likely applications to cover 2 years of approvals.

If all cases were approved, then Cut Off Dates might be set at around March 2008 by the end of FY2012.

However, in order to use the numbers, I think USCIS is going to have to "pick the low hanging fruit", which makes it likely that dates might not retrogress earlier than late 2008. The high RFE rate makes this even more likely IMO.

The danger of more severe retrogression at some point probably lies in adjudications outstripping the numbers available for Q3 spillover. I would say that is a medium/low risk, depending on the performance of other Categories/Countries.

[nishant2200]

I agree. I think if dates are current, anyone who is ready and an IO got his hands on the file maybe approved. It's lucky draw, however much they want to say its FIFO. And that is exactly why sometimes DOS would have to do retrogression, to regulate and throttle the visa usage in order of PD.


This is looks interesting.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1749.html#0-0-0-292

But, it doesnt say anything about why certain cases would be approved before others, unless they received them before others. But we are seeing some cases approved from latest bulletins before older PD's. So, even though they say
Receipt date is the only criteria, I am not sure if that is being followed. Am I missing something??

[nishant2200]

Spec, see Ron Gotcher's post, he also is thinking similarly.

http://www.immigration-information.com/forums/showthread.php?t=16316

"Very interesting. They must have received assurances from the USCIS that they intend to approve more AOS cases in the next month."


I wonder whether the recent upturn in EB2-IC approvals is an attempt by USCIS to convince DOS that they have the capacity to adjudicate sufficient applications to use up the available visas.

CO mentioned previously that part of his discussions with USCIS was not to have so big an Inventory that USCIS would have to reissue AP and EAD documents.

For USCIS, that is time and resource without any income. USCIS may be signalling that they do not want further forward movement.

If that is the reason, and CO notes it, then it makes an end to the forward movement of Cut Off Dates more likely.

Even at the lowest OR, with the known Cut Off Date movement, there are already sufficient likely applications to cover 2 years of approvals.

If all cases were approved, then Cut Off Dates might be set at around March 2008 by the end of FY2012.

However, in order to use the numbers, I think USCIS is going to have to "pick the low hanging fruit", which makes it likely that dates might not retrogress earlier than late 2008. The high RFE rate makes this even more likely IMO.

The danger of more severe retrogression at some point probably lies in adjudications outstripping the numbers available for Q3 spillover. I would say that is a low risk.

[krishnav]

I again see this same trend today (Monday)

I have seen a bunch of approvals on Thrusday, Friday and Saturday each but today(Monday) I only see 1 approval unless people didnt add to trackitt.
Will have to see how the approvals go tomorrow and day after...If they trend remains same for the next two days and starts to pick up again by the second half...I can guarantee they are shifting some employees to deal with other case over the first half of the week and getting them back to approve 485's by the second half of the week.

Just realized its Lincoln's birthday today and some of the state agencies have a holiday (atleast in California). So, it could be that TSC has a holiday today.
But its strage there is a case added in trackitt with todays approval date.


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!!

[Desperate8]

Can one work for two employers on EAD.

Now that we have our EAD can we work with our current employer and also work Part Time for other employer ? Can I have multiple W2's / paystubs generated.

Or are we tied to only one employer ?

[krishnav]

Hello All,

I just received my 485 approval email but I have not recieved an approval email for my wife yet. Is this normal?
I am the primary applicant. I thought both of us should generally get the emails together. I checked her case online and it still says Initial Review.
Any thoughts?

I will update if I see any emails in the next few hours.
Please do reply if this happened to you.

[krishnav]

Hello All,

Just got the email for my wife aswell.

Thanks all for all the help and information you have provided so far.
I hope the rest will get green really really soon as I know how hard it is to wait.
Good luck..I will pray for you all.

Thanks.


Hello All,

I just received my 485 approval email but I have not recieved an approval email for my wife yet. Is this normal?
I am the primary applicant. I thought both of us should generally get the emails together. I checked her case online and it still says Initial Review.
Any thoughts?

I will update if I see any emails in the next few hours.
Please do reply if this happened to you.

[mysati]

Hello All,

Just got the email for my wife aswell.

Thanks all for all the help and information you have provided so far.
I hope the rest will get green really really soon as I know how hard it is to wait.
Good luck..I will pray for you all.

Thanks.
Congrats Krishna!

[qesehmk]

The answer is "absolutely yes".
Your H1 ties u to "an" employer. EAD doesn't. U can have multiple w2s now.

Ps even otherwise one can hold multiple H1s and work for more than 1 employers at the same time.
Can one work for two employers on EAD.

Now that we have our EAD can we work with our current employer and also work Part Time for other employer ? Can I have multiple W2's / paystubs generated.

Or are we tied to only one employer ?

[krishnav]

Thanks MySati and all members for the info that you guys have been providing from when I joined the forums.

Also, a very special thanks to Q, Spec, Nishant, Veni, Leo07 for answering my private messages when I had questions and at times was frustrated with the process and delays.


Congrats Krishna!

[nishant2200]

Thanks MySati and all members for the info that you guys have been providing from when I joined the forums.

Also, a very special thanks to Q, Spec, Nishant, Veni, Leo07 for answering my private messages when I had questions and at times was frustrated with the process and delays.

Most welcome. I just remember was it last week or something, you sent a PM :)

and this week you got the GC!

[Desperate8]

Thanks Q -

Nishant is a guru vizcard is a pandit, how do we go about these designations just curious :)

Nishant said that he was pinged by Krishnav , are you guys on a messenger ?

If I travel on a AP come back withougt getting my H1B Stamped (use my AP) , Can I still use my H1B or am I considered to be on EAD once I enter ?

[imdeng]

A. You earn designations by accumulating more posts - I think the designation changes after every 100 posts. This applies for all designations except Guru I think.
B. There is a private message facility on this forum - you can communicate with other members through that.
C. Using an AP does not mean that you are out of your H1B. As long as you continue to be with the same employer, you can continue to be on H1B regardless of you using AP or not for travel.


Thanks Q -

Nishant is a guru vizcard is a pandit, how do we go about these designations just curious :)

Nishant said that he was pinged by Krishnav , are you guys on a messenger ?

If I travel on a AP come back withougt getting my H1B Stamped (use my AP) , Can I still use my H1B or am I considered to be on EAD once I enter ?

[qesehmk]

Krishnav Very happy for you. All the best.

Indeed it is high time now that Leo and Teddy get theirs!


Thanks MySati and all members for the info that you guys have been providing from when I joined the forums.

Also, a very special thanks to Q, Spec, Nishant, Veni, Leo07 for answering my private messages when I had questions and at times was frustrated with the process and delays.

[zenmaster]

Congrats Krishnav !


Hello All,

Just got the email for my wife aswell.

Thanks all for all the help and information you have provided so far.
I hope the rest will get green really really soon as I know how hard it is to wait.
Good luck..I will pray for you all.

Thanks.

[codesmith]

C. Using an AP does not mean that you are out of your H1B. As long as you continue to be with the same employer, you can continue to be on H1B regardless of you using AP or not for travel.
Imdeng, I was under the impression that if I don't get my visa stamped and then uses EAD+AP to enter US that means I'm no longer on H1 but on EAD.
So,why everyone one tells to have h1...? just curious.

[imdeng]

Using AP does not automatically move you out of H1B. If you look through past posts by Q and Spec here, you will find that we had this discussion recently. I don't recall the specifics right now - but the conclusions was that you can use AP for entry and continue being on H1 - and you should stay on H1 for as long as you can until the GC approval happens.

Imdeng, I was under the impression that if I don't get my visa stamped and then uses EAD+AP to enter US that means I'm no longer on H1 but on EAD.
So,why everyone one tells to have h1...? just curious.

[leo4ever]

This is what i have been told. If you use EAD validity of H1B gets void. You need to fill I9 form if you want to use EAD. Using AP for entry in to US does not mean you are using EAD.

http://en.wikipedia.org/wiki/I-9_(form)


Using AP does not automatically move you out of H1B. If you look through past posts by Q and Spec here, you will find that we had this discussion recently. I don't recall the specifics right now - but the conclusions was that you can use AP for entry and continue being on H1 - and you should stay on H1 for as long as you can until the GC approval happens.

[vizcard]

As a rule, don't combine EAD and AP (even though they are on the same card). One is a work permit the other is a travel doc (similar to being on H1 status vs having a H1 stamp on your passport). You can travel using AP and still maintain your H status. Using EAD ends your H status. As imdeng points out, its better to stay on H as long as possible.

[vizcard]

So I have a question for the board. For now this is hypothetical but it will be real pretty soon for my wife.
- H status expired
- EAD / AP in hand
- 485 pending

If you had to fill out a form asking for status in the US (Permanent Resident, Worker, Visitor, Student) ..what would you fill ? If none of these..what would you fill out.

Gurus - any comments on my earlier question ? quoted here.

[brrr5h]

Hi Gurus,
need your help, I just got today "Notice of intent to denial 485", This is my situation, need your advise.

My Priority date : Aug 15 2006, Job role : Programmer Analyst
EAD/AP Approval : Feb/March 2007

As you guys all know it retrogressed in 2007 and current again in 2011.
I was with the same employer until 2010 November and changed the job in Nov 2010, my new Role at new employer is "Startegy Architect" .
2011 Feb - Old Employer revoked 140
2011 May - AC21 with new Job description , same IT field but job descption is "Startegy Architect" ( it's kind of promotion for "Programmer Analyst" )
2012 Feb - "Notice of intent to denial 485" and requested for more information on denial.

Can someone please advise if anybody else got this kind of notice ? and also can someone tell me how can one doesn't change his role from 2006 to 2011 without acception any promotion. seems normal case but Immigration officer point of view it could be something suspicious, Can you guys advise how can I support my situation and what should I do immediately, they gave 30 days and asked me to send job descrption.

while filing AC21, my lawer didn't give the new job description but employement says new job role.

[khushraho]

As a rule, don't combine EAD and AP (even though they are on the same card). One is a work permit the other is a travel doc (similar to being on H1 status vs having a H1 stamp on your passport). You can travel using AP and still maintain your H status. Using EAD ends your H status. As imdeng points out, its better to stay on H as long as possible.
---------------

There is an article from Ron which nishant posted a couple of days back. Please read that and there is practically no advantage to continue on H1 if one is in 6+ years ...

[imdeng]

I remember that article and I don't quite agree to it. The article essentially says H1 >= EAD with likely that H1 = EAD, it never says that EAD > H1 - so staying conservative, I still maintain that its a good idea to stay on H1 for as long as possible.


There is an article from Ron which nishant posted a couple of days back. Please read that and there is practically no advantage to continue on H1 if one is in 6+ years ...

[khushraho]

The key point i got from that article is, if one's 485 got denied and he is in 6+ years, there is no way he can go back to H1..
If that is correct, what is the advantage of maintaining it...

[kumar78]

My PD was current of Feb 1st and I received all my receipts yesterday.

My priority date is listed as Feb 1st, 2012 (Received Date) instead of Oct 26th, 2009 (Priority date). I know its mentioned on receipt that "....the PD does not reflect earlier retained pd's".

Has anyone seen this before? Do I need to call USCIS to update the information?

Thanks,
Kumar

[leo4ever]

My take on this, better stay on H1B until 485 is approved.

Simple reason if Primary 485 gets denied it makes whole out of status immediately. Where as if you stay on H1B, you are in status-quo. We all were waiting on H1B so long, why not some more time rather than taking risk.


The key point i got from that article is, if one's 485 got denied and he is in 6+ years, there is no way he can go back to H1..
If that is correct, what is the advantage of maintaining it...

[Pdmar08]

My PD was current of Feb 1st and I received all my receipts yesterday.

My priority date is listed as Feb 1st, 2012 (Received Date) instead of Oct 26th, 2009 (Priority date). I know its mentioned on receipt that "....the PD does not reflect earlier retained pd's".

Has anyone seen this before? Do I need to call USCIS to update the information?

Thanks,
Kumar
Are u the primary applicant?
We have seen this for dependents. If u r primary please consult ur lawyer.

[imdeng]

If you are Primary then your PD field should show your actual PD. Anything else needs follow up with USCIS I guess.

My PD was current of Feb 1st and I received all my receipts yesterday.

My priority date is listed as Feb 1st, 2012 (Received Date) instead of Oct 26th, 2009 (Priority date). I know its mentioned on receipt that "....the PD does not reflect earlier retained pd's".

Has anyone seen this before? Do I need to call USCIS to update the information?

Thanks,
Kumar

[GCKnowHow]

Hi Gurus,
need your help, I just got today "Notice of intent to denial 485", This is my situation, need your advise.

My Priority date : Aug 15 2006, Job role : Programmer Analyst
EAD/AP Approval : Feb/March 2007
..........................


http://www.immihelp.com/greencard/adjustmentofstatus/changing-employer.html

What was your old title and role vs new title and role? I think coming up with a good justification of how similar your job is what they would be looking for. Probably the officer could have got confused with the word Architect. Which could mean different things.

Gurus/members anyone faced such situation earlier?

[codesmith]

This is what i have been told. If you use EAD validity of H1B gets void. You need to fill I9 form if you want to use EAD. Using AP for entry in to US does not mean you are using EAD.

http://en.wikipedia.org/wiki/I-9_(form)

Thx Imdeng/Leo4,

My confusion or misunderstanding was I have to HAVE Ead and AP and use it to enter US if my visa is not stamped. I didn't know that I can still use my H1 and AP to enter US instead of EAD.
By the way what forms/procedure - need to follow at the port of entry if using AP and onot having stamped H1 ?

[GCKnowHow]

Hi Gurus,
need your help, I just got today "Notice of intent to denial 485", This is my situation, need your advise.

My Priority date : Aug 15 2006, Job role : Programmer Analyst
EAD/AP Approval : Feb/March 2007

As you guys all know it retrogressed in 2007 and current again in 2011.
I was with the same employer until 2010 November and changed the job in Nov 2010, my new Role at new employer is "Startegy Architect" .
2011 Feb - Old Employer revoked 140
2011 May - AC21 with new Job description , same IT field but job descption is "Startegy Architect" ( it's kind of promotion for "Programmer Analyst" )
2012 Feb - "Notice of intent to denial 485" and requested for more information on denial.


Below is from Murthy.Com.

Question 5 : What is meant by "same or similar" job? TOP

The position must have the same essential job duties. For example, in the computer field the position can use different software and computer languages but it must require the same basic functions to be performed. A programmer is still a programmer, even if using different languages or working on a different application. A baker is still a baker, whether making bread, rolls, muffins, or croissants. The narrowest interpretation would consider the position to be under the same category in the Dictionary of Occupational Titles or the O*NET published by the Department of Labor. This narrow interpretation is the USCIS position as mentioned in the June 2001 USCIS Interim Guidance on AC21. However, we have lobbied for a broader and more liberal interpretation with senior USCIS officers at various meetings. In practice, the USCIS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local USCIS offices and the USCIS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification.

[kd2008]

Folks, looking at trackitt it looks like PERM approvals are picking up compared to January but so are denials and audits.

Is this going to be a redux of Aug 2008 blanket auditing?

Is it an election year thing?

[imdeng]

Same procedure as H1, present your passport and AP card at POE. They will likely make you go through a secondary inspection - essentially a short interview - nothing to worry about - it just adds some time to your overall wait. Thats it.

Thx Imdeng/Leo4,

My confusion or misunderstanding was I have to HAVE Ead and AP and use it to enter US if my visa is not stamped. I didn't know that I can still use my H1 and AP to enter US instead of EAD.
By the way what forms/procedure - need to follow at the port of entry if using AP and onot having stamped H1 ?

[khushraho]

My take on this, better stay on H1B until 485 is approved.

Simple reason if Primary 485 gets denied it makes whole out of status immediately. Where as if you stay on H1B, you are in status-quo. We all were waiting on H1B so long, why not some more time rather than taking risk.
--------------
I was under this same imp;ression till I read that . If Ron's post is true,This is what he is saying

: Extension after 6 years is contigent upon your 485 approval.
: As long as it is pending , you are okay.
: The moment it gets denied, your H1 also gets automatically invalid.
: So you are out of status either way.

This helps only those guys who are inside their first 6 years. Those folks can go back to their H1 status.

[gc_usa]

My take on this, better stay on H1B until 485 is approved.

Simple reason if Primary 485 gets denied it makes whole out of status immediately. Where as if you stay on H1B, you are in status-quo. We all were waiting on H1B so long, why not some more time rather than taking risk.
--------------
I was under this same imp;ression till I read that . If Ron's post is true,This is what he is saying

: Extension after 6 years is contigent upon your 485 approval.
: As long as it is pending , you are okay.
: The moment it gets denied, your H1 also gets automatically invalid.
: So you are out of status either way.

This helps only those guys who are inside their first 6 years. Those folks can go back to their H1 status.

Ron is wrong, I think. If I 485 gets rejected but your I 140 is valid , your H1B is good because its based on I 140 . If your I 140 gets rejected then H1b based on that I 140 also in trouble. Once you pass 180 days I 140 withdraw from ex employer does not matter.

[Spectator]

Spec
Is there any consistency in the number of AOS Vs CP over the years ? (IC alone)


Spec, I think this post went unnoticed, so reposting it .Kanmani,

Yes I did miss it.

Here is the CP rate for EB2-IC (I think that is what you are interested in) for the past:

FY ------- China ---- India
FY2000 -- 2.63% -- 11.52%
FY2001 -- 3.77% -- 16.18%
FY2002 -- 3.07% -- 12.79%
FY2003 -- 5.51% -- 12.31%
FY2004 -- 0.94% -- 21.18%
FY2005 -- 1.20% --- 3.22%
FY2006 -- 2.15% --- 3.90%
FY2007 -- 1.24% --- 3.34%
FY2008 -- 1.11% --- 1.20%
FY2009 -- 1.18% --- 0.74%
FY2010 -- 1.08% --- 0.51%

I don't know the reason for the high level before FY2005, but I suspect it was due to the LC backlogs and USCIS processing inefficiencies.

[tatikonda]

Hi Guys,

I found this link, which is interesting .
many of you guys may already knew it ..

http://www.imminfo.com/News/Newsletter/2012-02-15/eb2-cutoff-dates.html

Regards
Tatikonda

[khushraho]

@gc_usa

You are right..It is on 140..See what he is saying
"
The second reason is a concern that if the applicant’s I-485 is denied, the applicant can revert to H-1B status. We believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status."

[kumar78]

If you are Primary then your PD field should show your actual PD. Anything else needs follow up with USCIS I guess.

Thanks, will follow up with attorney and USCIS.

Appreciate your help!

[GreenMania]

I don't think one can maintain H1B when re-entering using AP. I am traveling to India next month and I am still not decided if I should get my Visa stamped. I will be happy if I can avoid the hassle of getting Visa stamped.

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


Same procedure as H1, present your passport and AP card at POE. They will likely make you go through a secondary inspection - essentially a short interview - nothing to worry about - it just adds some time to your overall wait. Thats it.

[Kanmani]

I feel this I-485 denial and H1b invalid thereafter still remains unexplained. Except Ron, nonbody has touched this topic .

I agree with gc_usa even if I-485 is denied, I-140 remains valid until revokation. In a situation when I-140 is revoked by the employer, then the existing H1b is protected by AC21 for the said period.


My take on this, better stay on H1B until 485 is approved.

Simple reason if Primary 485 gets denied it makes whole out of status immediately. Where as if you stay on H1B, you are in status-quo. We all were waiting on H1B so long, why not some more time rather than taking risk.
--------------
I was under this same imp;ression till I read that . If Ron's post is true,This is what he is saying

: Extension after 6 years is contigent upon your 485 approval.
: As long as it is pending , you are okay.
: The moment it gets denied, your H1 also gets automatically invalid.
: So you are out of status either way.

This helps only those guys who are inside their first 6 years. Those folks can go back to their H1 status.

[tatikonda]

Hi Gurus,

According to this article, it is better if USCIS does not approve i-485 soon ?? Correct !!

As, if USCIS does not approve many I-485's, DOS would assume that demand is low and it would further move cutoff dates,
but looks like USCIS is approving many cases, which might cause is stall/retrogress in April VB, is my assumptions correct ?

Also, the article said that, [ QUOTE]"So far this fiscal year, the USCIS has approved about 20% fewer cases at this point than they had approved at the same time last year. This means that "demand" is 20% below what it was at the same time last year." [/QUOTE]

what does these above statement mean !!
Please help us understanding above statement ..

Thank you



Hi Guys,

I found this link, which is interesting .
many of you guys may already knew it ..

http://www.imminfo.com/News/Newsletter/2012-02-15/eb2-cutoff-dates.html

Regards
Tatikonda

[khushraho]

If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero
--------------
His article is based on this assumption. What are the other possible reasons for 485 denials other than 140 issues?

[gc_usa]

@gc_usa

You are right..It is on 140..See what he is saying
"
The second reason is a concern that if the applicant’s I-485 is denied, the applicant can revert to H-1B status. We believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status."

He is lawyer and may know better than me but If I 485 get rejected because of some medical condition , They can't reject H1b . No where INS says that if person has certain medical condition reject H1b . It is a different story that INS can put person in proceeding to remove status.

But can't reject H1b. There is a public charge check with I 485 which is not there with H1b. You may get rejected and not allowed to adjust status but still can remain as non immigrant.

Simple thing, even if person has HIV no one stop him/her coming on H1b or any visa because no medical check, but they can't get green card and live here ... its a different story some Eb3 may have to live here 30 years :)

Two thing either these lawyers are stupids or they want to put ambiguous information on their site and have people advertise their article and debate and finally come to them to get legal advise and milk money. Its pure marketing concept.

[gc_usa]

If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero
--------------
His article is based on this assumption. What are the other possible reasons for 485 denials other than 140 issues?

There are plenty of other reasons where I 485 can get rejected, it I 140 is main then why don't they approve GC after I 140 approval.......

[khushraho]

Good quesiton...No idea :-) . I wish they do..

[usernameisnotvalid]

hmm...This is a wrong argument. Let me stretch it further:

95% H1Bs are potential immigrants (GC), why they don't give GC with H1Bs?

It is a multi-step process. I am sure there are valid reasons for this.



There are plenty of other reasons where I 485 can get rejected, it I 140 is main then why don't they approve GC after I 140 approval.......

[gc_usa]

hmm...This is a wrong argument. Let me stretch it further:

95% H1Bs are potential immigrants (GC), why they don't give GC with H1Bs?

It is a multi-step process. I am sure there are valid reasons for this.

Where in INS books it says 95% h1b are potential gc applicant ? Law doesnot go by your number. You will find many reasons in INS to reject I 485. Now tell me who is wrong and who is right....

[vizcard]

There are plenty of other reasons where I 485 can get rejected, it I 140 is main then why don't they approve GC after I 140 approval.......
Employment based GCs are not the only way to get one. The I140 is required through the EB route. The I485 is AOS, where all routes (family, Employment,etc) come together. In theory they do approve it right away if you can file concurrently.


hmm...This is a wrong argument. Let me stretch it further:

95% H1Bs are potential immigrants (GC), why they don't give GC with H1Bs?

It is a multi-step process. I am sure there are valid reasons for this.

They don't give GCs with H1Bs because that's not the intent of the H1B. If they do make the H1B similar to the GC, it will not be possible for immigrants to get H1Bs. So it will almost force you to return to your home country.

It is a multi-step process, but there is definitely an opportunity to streamline it further. There is no reason why it has to bounce around different departments - DOL, USCIS, DOS, USCIS...There is definitely a better way.

[tatikonda]

Q, Spec, Nishant, Kamani and Other Gurus,

Please respond to this thread.
Share your thoughts on April VB.

Thanks



Hi Gurus,

According to this article, it is better if USCIS does not approve i-485 soon ?? Correct !!

As, if USCIS does not approve many I-485's, DOS would assume that demand is low and it would further move cutoff dates,
but looks like USCIS is approving many cases, which might cause is stall/retrogress in April VB, is my assumptions correct ?

Also, the article said that, "So far this fiscal year, the USCIS has approved about 20% fewer cases at this point than they had approved at the same time last year. This means that "demand" is 20% below what it was at the same time last year."

what does these above statement mean !!
Please help us understanding above statement ..

Thank you

[imdeng]

Here are the results of some useless time wasting on trackitt:

1. Ratio of India and China in this round of inventory building is completely insane:
a) Number of EB2I Primary cases filed in 2012: 696
b) Number of EB2C Primary cases filed in 2012: 27
I do realize that perhaps EB2C folks don't use trackitt as much as EB2I folks - still 696 vs 27!!

2. EAD/AP times are all over the place. People have gotten EAD in as little as 19 days. Most people fall between 40-60 days though.

3. EB2I Primary filings in recent months:
Feb'12: 216 (so far)
Jan'12: 487
Dec'11: 435
Nov'11: 375
Oct'11: 125

Considering the peak filing time for Feb is gone, it does seem like 2009 has a sparse density especially compared to latter half of 2007 and early 2008 density.

[Spectator]

Considering the peak filing time for Feb is gone, it does seem like 2009 has a sparse density especially compared to latter half of 2007 and early 2008 density.I think it is too early to reach that conclusion.

It takes about 3 months for people to add cases to Trackitt for any given VB month. The numbers on Trackitt are actually quite high for only 14 days.

[nishant2200]

Q, Spec, Nishant, Kamani and Other Gurus,

Please respond to this thread.
Share your thoughts on April VB.

Thanks

Based on rapid pace of approvals which we are currently seeing by USCIS, if that pace continues, which I feel it will, I feel that dates will stall in April Visa Bulletin. At the most they may move by <= 4 months, same as the March Visa Bulletin. This is my current prediction for April VB.

Of course anything is possible, nothing is set in stone with USCIS, DOS.

[Reader]

.......................

[Spectator]

With the greatest respect to Ron Gotcher, he is clearly talking out of his bottom when he says


So far this fiscal year, the USCIS has approved about 20% fewer cases at this point than they had approved at the same time last year.

Using USCIS own published figures for FY2011 and prorating Q2 to the end of January, then adding on 10-15% CP cases gives visas use by the end of January 2011 of 25-26% of the total available.

CO told us earlier that they had used 34% of available visas part way through January and we can safely assume they reached the 36% maximum by the end of January.

In Q1 and Q2 FY2011, USCIS had only approved 37% of the numbers they did for the whole FY.

This is because quarterly spillover has operated this year, while spillover was not released until May in FY2011.

So rather than a 20% reduction, there is a 10% increase in visas used at the same point.

[fedupwithgc]

I read Ron's newsletter today and I also feel that this year USCIS is doing better than last year and not slow like 20% mentioned in the newsletter. But he gets information from more reliable resources I believe and that puts my assumptions questionable.

[gc_usa]

I read Ron's newsletter today and I also feel that this year USCIS is doing better than last year and not slow like 20% mentioned in the newsletter. But he gets information from more reliable resources I believe and that puts my assumptions questionable.

Since he is a lawyer .... Why he doe not sue USCIS instead of always always crying about USCIS is not closing files fast enough... I am tried of hearing same over and over past 5 years but haven't see any single year since 2007 where USCIS + DOS wasted single visa.

I do agee they wasted in past but not in recent history. So why to even talk about over and over again.

[mesan123]

Guru's

i have a question....when Did DOS start using the spill over in horizontal(EB1 - EB2 -EB3) manner than vertical....i meant from which year....

i know before it was like EB3 ROW used to get spill overs also...

Tnx

[GC-Utopic]

Guru's

i have a question....when Did DOS start using the spill over in horizontal(EB1 - EB2 -EB3) manner than vertical....i meant from which year....

i know before it was like EB3 ROW used to get spill overs also...

Tnx

not sure, somewhere in 2005/06, remember QBF mentioning in one of his trademark tirades against CO!!!

[nishant2200]

not sure, somewhere in 2005/06, remember QBF mentioning in one of his trademark tirades against CO!!!

I think from FY 2007, the famous fiasco year.

[h4togc]

I am not big predictor kind of person but i have done some research on their cut-off date pattern on visa bulletin date from 1992 and i can say that they will not retrogress this date until they will become current.
Retrogression happens in july 92, oct 97, oct 98, apr 00, oct 06 (july 07 looks exception) after cut-off dates were current.

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

[Spectator]

Guru's

i have a question....when Did DOS start using the spill over in horizontal(EB1 - EB2 -EB3) manner than vertical....i meant from which year....

i know before it was like EB3 ROW used to get spill overs also...

Tnxmesan,

It was first implemented in FY2008.

[vizcard]

I am not big predictor kind of person but i have done some research on their cut-off date pattern on visa bulletin date from 1992 and i can say that they will not retrogress this date until they will become current.
Retrogression happens in july 92, oct 97, oct 98, apr 00, oct 06 (july 07 looks exception) after cut-off dates were current.

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

Not sure what you were looking at but what you posted is absolutely not true. Dates retrogressed in Dec 2007 by 2 years and then again in Jan 2008 (2002 from 2004) by another 2 years (2000 from 2002) before becoming U in Feb 2008. Dates again moved forward (2006) but retrogressed to 2003 in Sept 2008. Similarly in June 2009, rates retrogressed back to 2000 for a couple of months.

In none of these times were the dates current.

[Reader]

Can someone help me with these questions? If the derivative application is denied due to out of status issues and the primary is approved, are the following steps possible?

1. can we reapply for derivative again for consular processing?
2. Won't the same requirements for maintaining status apply for approval for CP?
3. If CP is also not successful, can I apply for family based F2A and whether this 180 out of status cause issues in family based application as well?

[h4togc]

to vizcard
pandit

Yes you are right but now all this dates (from 2000 to 2006) covered by them at least two time. 1) When they are current, 2) again when dates were retrogress. Then they have started moving faster from 2007 and onwards. In the years 2008 to 2010 not much GC filling done, so chances of retrogression are very low or not.

Just prediction.

[Spectator]

Answers in-line.


Can someone help me with these questions? If the derivative application is denied due to out of status issues and the primary is approved, are the following steps possible?

1. can we reapply for derivative again for consular processing?
YES.

2. Won't the same requirements for maintaining status apply for approval for CP?
NO. Out of Status is only a bar to Adjustment of Status within the USA. Illegal Presence would be an entirely different story.

3. If CP is also not successful, can I apply for family based F2A and whether this 180 out of status cause issues in family based application as well?
There is no reason CP would not be successful. If there are any Grounds For Inadmissibility problems, they apply equally to EB and FB.

[Kanmani]

Reader


In my opinion, your wife was out of status for 150 days which is well within the range to invoke the 245 (k) rule.

May god help you with a very good , non-picky adjudicator who checks status only for primary . thathasthu
You guys will get your GCs verysoon .


Can someone help me with these questions? If the derivative application is denied due to out of status issues and the primary is approved, are the following steps possible?

1. can we reapply for derivative again for consular processing?
2. Won't the same requirements for maintaining status apply for approval for CP?
3. If CP is also not successful, can I apply for family based F2A and whether this 180 out of status cause issues in family based application as well?

[nathang]

Our lawyer made a mistake. Can you please suggest how we should proceed?

I had 2 140 approvals from the same company, one for Eb3 (old one) and one for EB2 (new one) after moving to a new job with the same employer. We captured the old PD.

My EB2 PD is current. When filing our 485, the lawyer incorrectly sent the old EB3 140 approval copy instead of the newer EB2 140 approval and also referenced the eb3 approval notice number(src number) in the cover letter.

We were thinking the app will be returned from the mail room itself as the attached eb3 140 PD is not current. But the dependent checks were debited today, meaning they have accepted our applications.

How do we go about this now?

1. Should we withdraw the applications and file it again using correct 140?
2. Will USCIS lookup the newer 140 based on the A number and use that? Will this create any problems later?
3. Is there any way we can send the correct 140 to be added to our file?

Will there be any problems later with 2 and 3 that we filed our apps when the eb3 pd was not current?

Any help is greatly appreciated.

[Reader]

Reader

In my opinion, your wife was out of status for 150 days which is well within the range to invoke the 245 (k) rule.

May god help you with a very good , non-picky adjudicator who checks status only for primary . thathasthu
You guys will get your GCs verysoon .

Kanmani, Thanks for the kind words. I am praying everyday to avoid getting into 245k RFE. Coming back to your comment, I think that only unlawful presence will not be eligible for CP and status violations are not looked at for CP. Is it not correct? I was trying to find this information, but could not find any straight forward answers..

[Kanmani]

Kanmani, Thanks for the kind words. I am praying everyday to avoid getting into 245k RFE. Coming back to your comment, I think that only unlawful presence will not be eligible for CP and status violations are not looked at for CP. Is it not correct? I was trying to find this information, but could not find any straight forward answers..

Reader

This is quite bit grey area . I'll try to find any other information in this context.

[Spectator]

Reader

This is quite bit grey area . I'll try to find any other information in this context.Kanmani,

It is not a grey area.

Only unlawful presence can trigger the 3 and 10 year bars.

Unlawful Presence requires Unlawful Status, but it is possible to be in Unlawful Status without being in Unlawful Presence. Unlawful Presence generally only accrues if the I-94 has expired or an Immigration Judge or USCIS tell you so.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

The general bars to AOS are in INA 245(c) of which (2), (7) and (8) are applicable in this context:


(2) subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H) , (I) , (J) , or (K) ) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States;

(7) any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; or

(8) any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3) , or who has otherwise violated the terms of a nonimmigrant visa.


As we know, 245(k) forgives a combined period of 180 days violation of the above.

[nathang]

Can someone help me on this please?


Our lawyer made a mistake. Can you please suggest how we should proceed?

I had 2 140 approvals from the same company, one for Eb3 (old one) and one for EB2 (new one) after moving to a new job with the same employer. We captured the old PD.

My EB2 PD is current. When filing our 485, the lawyer incorrectly sent the old EB3 140 approval copy instead of the newer EB2 140 approval and also referenced the eb3 approval notice number(src number) in the cover letter.

We were thinking the app will be returned from the mail room itself as the attached eb3 140 PD is not current. But the dependent checks were debited today, meaning they have accepted our applications.

How do we go about this now?

1. Should we withdraw the applications and file it again using correct 140?
2. Will USCIS lookup the newer 140 based on the A number and use that? Will this create any problems later?
3. Is there any way we can send the correct 140 to be added to our file?

Will there be any problems later with 2 and 3 that we filed our apps when the eb3 pd was not current?

Any help is greatly appreciated.

[mesan123]

Thank You Spec, Nishanth, GC_hopefull for replies

just wanted to know .. so it was from 2008 when EB2 is getting spill overs...


mesan,

It was first implemented in FY2008.

[qesehmk]

nathang - i am a bit conflicted to answer you .... but still i will answer you.

You have absolutely nothing to worry. Since the porting was done when your 140 was approved, even if the lawyer sent old 140; the old and new 140 are totally linked with each other. I am absolutely confident that USCIS picked up your new 140 and categorized you to EB2. So sit back relax and GC should be yours in 3-5 months (assuming everything else is in order!). Good luck.


Can someone help me on this please?

Our lawyer made a mistake. Can you please suggest how we should proceed?

I had 2 140 approvals from the same company, one for Eb3 (old one) and one for EB2 (new one) after moving to a new job with the same employer. We captured the old PD.

My EB2 PD is current. When filing our 485, the lawyer incorrectly sent the old EB3 140 approval copy instead of the newer EB2 140 approval and also referenced the eb3 approval notice number(src number) in the cover letter.

We were thinking the app will be returned from the mail room itself as the attached eb3 140 PD is not current. But the dependent checks were debited today, meaning they have accepted our applications.

How do we go about this now?

1. Should we withdraw the applications and file it again using correct 140?
2. Will USCIS lookup the newer 140 based on the A number and use that? Will this create any problems later?
3. Is there any way we can send the correct 140 to be added to our file?

Will there be any problems later with 2 and 3 that we filed our apps when the eb3 pd was not current?

Any help is greatly appreciated.

[nishant2200]

Thank You Spec, Nishanth, GC_hopefull for replies

just wanted to know .. so it was from 2008 when EB2 is getting spill overs...

hmmmm I had a question for Spec then. If they started doing this in FY 2008, and not FY 2007, why was the need to make EB2 current in July 2007. I am not saying it was not FY 2008, but just need some perspective if anyone knows, why they made everything current.

[imdeng]

Nathang - wait till you get the receipt notice - that will mention your category. If they mention EB2 (like they should, it is only one A# behind both 140s) then you are good. Although, a copy of 1-140 approval is a required initial evidence and you don't have that in your packet so you may get an RFE for that. I wonder if there is a way to add documentation to a case after submission.

nathang - i am a bit conflicted to answer you .... but still i will answer you.

You have absolutely nothing to worry. Since the porting was done when your 140 was approved, even if the lawyer sent old 140; the old and new 140 are totally linked with each other. I am absolutely confident that USCIS picked up your new 140 and categorized you to EB2. So sit back relax and GC should be yours in 3-5 months (assuming everything else is in order!). Good luck.

[neospeed]

Gurus,

Here is some Background:

One of my friend applied I-485/ I-140 concurrently and I-140 is pending for a while and he just received RFE alert on 1-140, so trying to understand what the rfe will be.

And i checked below doc:

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf

Need help here understanding this sentence from question 1:

If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.

what does it mean material issue? any idea?.

[Spectator]

hmmmm I had a question for Spec then. If they started doing this in FY 2008, and not FY 2007, why was the need to make EB2 current in July 2007. I am not saying it was not FY 2008, but just need some perspective if anyone knows, why they made everything current.Nishant,

July 2007 was about lack of "Documentarily Qualified Demand" and DOS not believing that USCIS could adjudicate sufficient numbers as far as I am aware.

Going back to when the "new interpretation" started, I would concede that it is possible that it started in FY2007, but EB2 didn't see significant benefit until FY2008.

If you look at FY2007, EB1 received 26,806 visas, EB4 4,794 and EB5 793.

The available numbers to EB were 147,148 visas plus 7,312 recaptured visas.

If we just use the 147k figure, that means the EB1 allocation was 43,084 and the EB4 & EB5 allocation was 10,448 each.

Theoretical Spillover visas from EB1/4/5 would have been (43,084-26,806) + (10,448-4,794) + (10,448-793) = 31,587

Extra numbers from EB2-non IC raised this to 35,379.

EB2-C received 6,797 total visas in FY2007
EB2-I received 6,204 total visas in FY2007

EB3 received 77,667 visas in FY2007. Of those, EB3-I received 17,985 visas. It is possible there simply weren't enough EB2 cases that could be adjudicated in FY2007. It is slightly puzzling to understand how EB3-I could receive so many visas, unless EB-non IC also ran out of cases that could be adjudicated as well.


In FY2008, theoretical Spillover was 27,602.

EB2-C received 3.7k Spillover
EB2-I received 11.5k Spillover
In addition EB2-ROW used 11.4k Spillover and some were wasted.

EB3 approvals were in line with the total visas allocated to EB3.

[vizcard]

Gurus,

Here is some Background:

One of my friend applied I-485/ I-140 concurrently and I-140 is pending for a while and he just received RFE alert on 1-140, so trying to understand what the rfe will be.

And i checked below doc:

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf

Need help here understanding this sentence from question 1:

If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.

what does it mean material issue? any idea?.

I imagine a material issue is stuff like the job changing, medical related issues, criminal background checks, etc.

[Reader]

Kanmani,

It is not a grey area.

Only unlawful presence can trigger the 3 and 10 year bars.

Unlawful Presence requires Unlawful Status, but it is possible to be in Unlawful Status without being in Unlawful Presence. Unlawful Presence generally only accrues if the I-94 has expired or an Immigration Judge or USCIS tell you so.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF



Spec, Thanks for the info. I am wondering whether it is possible to apply in CP even after the AOS denied...could not find any link or info specific to that.

[vizcard]

So I have a question for the board. For now this is hypothetical but it will be real pretty soon for my wife.
- H status expired
- EAD / AP in hand
- 485 pending

If you had to fill out a form asking for status in the US (Permanent Resident, Worker, Visitor, Student) ..what would you fill ? If none of these..what would you fill out.

I posed this question a couple of pages back but didn't get a response. Hoping I'll get one this time around.

[qesehmk]

vizcard you need to elaborate the question more. Provide some context to help better understand.
I posed this question a couple of pages back but didn't get a response. Hoping I'll get one this time around.

[vgraj1]

Based on rapid pace of approvals which we are currently seeing by USCIS, if that pace continues, which I feel it will, I feel that dates will stall in April Visa Bulletin. At the most they may move by <= 4 months, same as the March Visa Bulletin. This is my current prediction for April VB.

Of course anything is possible, nothing is set in stone with USCIS, DOS.

Hi Nishant2200, Based on the current trends in trackitt and other observations, can we theorize that the average wait time for EB2IC to be eligible to file an I-485 will now be 2 years from his Priority Date, e.g. an EB2I with PD in April 2011 will be able to file his I-485 in April 2013 when his PD becomes current.

[nathang]

Thanks Q and imdeng. I'll wait for the receipt notices to see the category. Appreciate your response.

[imdeng]

I will go with Worker. That is what you are doing in the country - you are not a visitor or a student and you are not a PR yet.

I posed this question a couple of pages back but didn't get a response. Hoping I'll get one this time around.

[imdeng]

People with PD in early months of 2010 have seen a PD-to-485 wait time of 2 years. However, this is the very best case here - any more inventory buildup is unlikely and once we close shop on FY12, it may take two years to consume this inventory - so people with PD in latter half of 2010 may not be able to file 485 until FY2015 - so they may again have a wait time of 4 years.

There are two factors: how much inventory the current PD movement has raised and second, what is the spillover going forward. Intuitively, it does seem like we are better off than the situation of folks with PD in late 2007 and I would expect the wait the average about 3 years, but it may all mean nothing if demand destruction proves to be a mirage and improving economy cuts into spillovers.

Hi Nishant2200, Based on the current trends in trackitt and other observations, can we theorize that the average wait time for EB2IC to be eligible to file an I-485 will now be 2 years from his Priority Date, e.g. an EB2I with PD in April 2011 will be able to file his I-485 in April 2013 when his PD becomes current.

[Spectator]

My two weekly update on EB2-I Primary applications added to Trackitt since October 2011.

-- VB ------- Priority Dates ---------------- Jan 03 -- Jan 17 -- Jan 31 -- Feb 14
October VB -- PD Apr 15 2007 to Jul 14 2007 --- 100 ----- 107 ----- 113 ----- 125 (+12 cases)
November VB - PD Jul 15 2007 to Oct 31 2007 --- 238 ----- 278 ----- 331 ----- 387 (+56 cases)
December VB - PD Nov 01 2007 to Mar 14 2008 --- 191 ----- 286 ----- 336 ----- 436 (+100 cases)
January VB -- PD Mar 15 2008 to Dec 31 2008 ---- 15 ----- 176 ----- 310 ----- 454 (+144 cases)
February VB - PD Jan 01 2009 to Dec 31 2009 --------------------------------- 199 (+199 cases)

Here are the approvals from those applications.

Approvals by PD Month for FY2012 VB

PD -------------------- Total --- NSC --- TSC --- CSC --- VSC -- % Approved
Pre FY2012 PD ------------- 9 ----- 4 ----- 5 ----- 0 ----- 0 ------ 30.00%
April 15-30 2007 --------- 11 ----- 3 ----- 8 ----- 0 ----- 0 ------ 68.75%
May 2007 ----------------- 16 ----- 2 ---- 14 ----- 0 ----- 0 ------ 42.11%
June 2007 ---------------- 31 ----- 8 ---- 23 ----- 0 ----- 0 ------ 46.27%
July 2007 ---------------- 21 ----- 4 ---- 17 ----- 0 ----- 0 ------ 32.31%
August 2007 -------------- 24 ---- 14 ---- 10 ----- 0 ----- 0 ------ 25.00%
September 2007 ----------- 23 ---- 14 ----- 9 ----- 0 ----- 0 ------ 19.66%
October 2007 ------------- 37 ---- 21 ---- 15 ----- 1 ----- 0 ------ 30.33%
November 2007 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0 ------- 1.16%
December 2007 ------------- 3 ----- 3 ----- 0 ----- 0 ----- 0 ------- 3.33%
January 2008 -------------- 3 ----- 2 ----- 1 ----- 0 ----- 0 ------- 2.73%
February 2008 ------------- 4 ----- 2 ----- 2 ----- 0 ----- 0 ------- 4.12%
March 2008 ---------------- 4 ----- 1 ----- 3 ----- 0 ----- 0 ------- 5.06%
April 2008 ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 0.00%
May 2008 ------------------ 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 0.00%
June 2008 ----------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 0.00%

Post Apr 15 PD Appr. ---- 178 ---- 74 --- 103 ----- 1 ----- 0 ------ 10.74%
Post July PD Approvals --- 99 ---- 57 ---- 41 ----- 1 ----- 0 ------- 6.94%
All Approvals ----------- 187 ---- 78 --- 108 ----- 1 ----- 0 ------ 11.09%


The difference represents applications submitted and approved for cases that were Current in FY2011.

[imdeng]

Spec - from your last post on the topic, you had an "% Approval" metric for each VB which was very interesting. Is it possible to include that. I think the best way would be to include a column for monthly applications in the second table and calculate a "% Approval" column.

PS> I had clearly underestimated how many applicants file "late" i.e not in the first 10-15 days of becoming current. I recall you mentioning that it takes like 3-4 months for the demand to fully come in and I thought that was too long - but the data does support your point of view.

My two weekly update on EB2-I Primary applications added to Trackitt since October 2011.

[goforgreen]

I want to ask a question thats troubling me, my PD is Dec 2007 but I could apply 485 only in Jan 2012. Is there a chance that when jan filers cases are taken up in April (consensus here says it will be April) there might be retrogession going back in 2007 or visas being unavailable? I know there is QSP and then monthly allocation so there is less chance of visas being used up by April, but cannot help but worry about it. Can folks give your thoughts on this.

[imdeng]

My expectation for retrogression (when it happens) is to start at 15-Mar-2008 and then the PD to move forward a month or so every VB in case there are additional visa numbers available. So in my estimation, you should be fine. You should get your GC this FY.

I want to ask a question thats troubling me, my PD is Dec 2007 but I could apply 485 only in Jan 2012. Is there a chance that when jan filers cases are taken up in April (consensus here says it will be April) there might be retrogession going back in 2007 or visas being unavailable? I know there is QSP and then monthly allocation so there is less chance of visas being used up by April, but cannot help but worry about it. Can folks give your thoughts on this.

[srimurthy]

Some thoughts and suggestions required.
My spouse on is on H4 and we found a sponsor for H1 last year but they never filed the H1 papers with USCIS I guess until Dec'11. I am still not sure if they filed since I have not received the receipt number to track even after multiple requests and visits. Meanwhile I came to know that a couple of people for whom the company filed H1's the application was rejects as the checks bounced and indicating that insufficient funds were available in the account.
My assumption is our case may be on the same track, and in this case does it mean the applicat who is on H4 is still in valid status or not. I did go for a H1 and H4 extension in Oct'11 and got those approved based on my approved I-140. Also my PD is Sep-30-10 and was expecting if the dates moved we could file for EAD and AP.

Any thoughts on the status of H4 and clarity would be helpful.

[imdeng]

AFAIK a rejection of a petition for H1 does not invalidate her current H4 status since your H1 is in good standing.

Some thoughts and suggestions required.
My spouse on is on H4 and we found a sponsor for H1 last year but they never filed the H1 papers with USCIS I guess until Dec'11. I am still not sure if they filed since I have not received the receipt number to track even after multiple requests and visits. Meanwhile I came to know that a couple of people for whom the company filed H1's the application was rejects as the checks bounced and indicating that insufficient funds were available in the account.
My assumption is our case may be on the same track, and in this case does it mean the applicat who is on H4 is still in valid status or not. I did go for a H1 and H4 extension in Oct'11 and got those approved based on my approved I-140. Also my PD is Sep-30-10 and was expecting if the dates moved we could file for EAD and AP.

Any thoughts on the status of H4 and clarity would be helpful.

[tatikonda]

Thank you Kanmani and Nishanth.


tatikonda

I go with nishant's opinion here, dates might move in the next bulletin . With respect to Ron's article, with all the informations he is gathering from AILA , he should comeup with more precise predictions instead he is using the same grinder as we are using here.

[vizcard]

vizcard you need to elaborate the question more. Provide some context to help better understand.


I will go with Worker. That is what you are doing in the country - you are not a visitor or a student and you are not a PR yet.

A little more context. My wife is on H1 right now that expires in early May. My H1 is valid till end-Nov. we applied in jan (im the primary) so we should get our EAD by April-end. We are planning on a holiday to SE Asia in the summer and the visa forms for those countries ask for "status in the US".

Imdeng points out that we should put "Worker" and it makes sense.

[GCKnowHow]

Until another petition (change in status) is approved your are good with H4. If her H1 is approved then she is not in H4 anymore. You may want to make sure that her H1 was not approved.


Some thoughts and suggestions required.
My spouse on is on H4 and we found a sponsor for H1 last year but they never filed the H1 papers with USCIS I guess until Dec'11. I am still not sure if they filed since I have not received the receipt number to track even after multiple requests and visits. Meanwhile I came to know that a couple of people for whom the company filed H1's the application was rejects as the checks bounced and indicating that insufficient funds were available in the account.
My assumption is our case may be on the same track, and in this case does it mean the applicat who is on H4 is still in valid status or not. I did go for a H1 and H4 extension in Oct'11 and got those approved based on my approved I-140. Also my PD is Sep-30-10 and was expecting if the dates moved we could file for EAD and AP.

Any thoughts on the status of H4 and clarity would be helpful.

[vgraj1]

My two weekly update on EB2-I Primary applications added to Trackitt since October 2011.

-- VB ------- Priority Dates ---------------- Jan 03 -- Jan 17 -- Jan 31 -- Feb 14
October VB -- PD Apr 15 2007 to Jul 14 2007 --- 100 ----- 107 ----- 113 ----- 125 (+12 cases)
November VB - PD Jul 15 2007 to Oct 31 2007 --- 238 ----- 278 ----- 331 ----- 387 (+56 cases)
December VB - PD Nov 01 2007 to Mar 14 2008 --- 191 ----- 286 ----- 336 ----- 436 (+100 cases)
January VB -- PD Mar 15 2008 to Dec 31 2008 ---- 15 ----- 176 ----- 310 ----- 454 (+144 cases)
February VB - PD Jan 01 2009 to Dec 31 2009 --------------------------------- 199 (+199 cases)

Here are the approvals from those applications.


PD -------------------- Total --- NSC --- TSC --- CSC --- VSC
April 15 2007 - ----------- 7 ----- 1 ----- 6 ----- 0 ----- 0
May 2007 ----------------- 16 ----- 2 ---- 14 ----- 0 ----- 0
June 2007 ---------------- 30 ----- 8 ---- 22 ----- 0 ----- 0
July 2007 ---------------- 20 ----- 3 ---- 17 ----- 0 ----- 0
August 2007 -------------- 24 ---- 14 ---- 10 ----- 0 ----- 0
September 2007 ----------- 23 ---- 14 ----- 9 ----- 0 ----- 0
October 2007 ------------- 37 ---- 21 ---- 15 ----- 1 ----- 0
November 2007 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0
December 2007 ------------- 3 ----- 3 ----- 0 ----- 0 ----- 0
January 2008 -------------- 3 ----- 2 ----- 1 ----- 0 ----- 0
February 2008 ------------- 4 ----- 2 ----- 2 ----- 0 ----- 0
March 2008 ---------------- 4 ----- 1 ----- 3 ----- 0 ----- 0
April 2008 ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0
May 2008 ------------------ 0 ----- 0 ----- 0 ----- 0 ----- 0
June 2008 ----------------- 0 ----- 0 ----- 0 ----- 0 ----- 0

Post Apr 15 PD Appr. ---- 172 ---- 71 --- 100 ----- 1 ----- 0
Post July PD Approvals --- 99 ---- 57 ---- 41 ----- 1 ----- 0
All Approvals ----------- 181 ---- 75 --- 105 ----- 1 ----- 0


The difference represents applications submitted and approved for cases that were Current in FY2011.

Hi Spec: Thanks for the great work being done by you. I was wondering if it is possible to get some realistic estimates for FY 2012:

1. Out of total visa quota of 85K for EB1+EB2+EB4+EB5, how much will be used up by EB1+EB2ROW+EB4+EB5 in FY2012, let us call this 'x'
2. The left over, i.e. 85K-x will be for EB2IC in FY2012
3. This left over, i.e. 85-x will cater upto what PD for EB2IC in FY2012

[imdeng]

How did you get 85K? 140K is annual limit, remove 40K for EB3, you have 100K.

The questions you are asking are the eternal questions of this forum. We have very little underlying data to say anything about this. The best one can say (not including Spec, his insights know no bound; and Teddy, the all knowing one) based on trackitt/PERM data is that EB1 is up from last year and EB2ROW is down - so net net we may land in the same spot as last year as far as total SOFAD is concerned. However, since EB2C density is lower in post 07/07 world, EB2I may get a larger share of that SOFAD. Given all this, we might end FY2012 somewhere between 15-Mar-2008 to 01-Jan-2009 - which will make for a pretty good year overall.


Hi Spec: Thanks for the great work being done by you. I was wondering if it is possible to get some realistic estimates for FY 2012:

1. Out of total visa quota of 85K for EB1+EB2+EB4+EB5, how much will be used up by EB1+EB2ROW+EB4+EB5 in FY2012, let us call this 'x'
2. The left over, i.e. 85K-x will be for EB2IC in FY2012
3. This left over, i.e. 85-x will cater upto what PD for EB2IC in FY2012

[Spectator]

Spec - from your last post on the topic, you had an "% Approval" metric for each VB which was very interesting. Is it possible to include that. I think the best way would be to include a column for monthly applications in the second table and calculate a "% Approval" column.

PS> I had clearly underestimated how many applicants file "late" i.e not in the first 10-15 days of becoming current. I recall you mentioning that it takes like 3-4 months for the demand to fully come in and I thought that was too long - but the data does support your point of view.imdeng,

I have updated my original post.

Is that what you were looking for?

PS There is a big difference as to when people actually file with USCIS and when they add their case to Trackitt - it is an important distinction.

[imdeng]

That is exactly what I was looking for - Thanks Spec.

I would imagine that the % Approval metric will probably never quite reach close to 100% what with denials and applicants not updating their account post-approval. I guess once that metric reaches something like 65%-70%, we can consider that month to be effectively "cleared". What do you think?

imdeng,

I have updated my original post.

Is that what you were looking for?

PS There is a big difference as to when people actually file with USCIS and when they add their case to Trackitt - it is an important distinction.

[srimurthy]

Thanks imdeng, GC.
I was more concerned with being in Status that the H1 part. If I get a chance to file for EAD, I would send an email to the company (h4 to h1 sponsor) to withdraw the app. I have been behind them now for more than 8 months and they have no professionalism.

Until another petition (change in status) is approved your are good with H4. If her H1 is approved then she is not in H4 anymore. You may want to make sure that her H1 was not approved.

[mesan123]

Hi....this is what Ron eaxplained Regarding New 485 approvals and trackit cases....

"Trackitt is a great site and provides a lot of useful information. I have always doubted the accuracy of the processing times shown there, however. Lawyers share information and the processing time data that I have seen in my own office, as well as the information I receive from colleagues is never as optimistic as the Trackitt data. This could be because the sample size on Trackitt is small (relatively speaking) or because people are entering false information. I know that in the past, I have seen emails encouraging folks to enter falsely optimistic information in the results would influence the USCIS to move faster. Those could have been isolated instances, but I've learned never to underestimate the craziness that some applicants will resort to in order to move their cases along.

We file a large enough volume of cases to get a pretty good idea of processing times. My colleagues also file a significant number of cases. These are all well prepared, well documented I-485s that generally do not receive RFEs. The numbers that I posted reflect our experience in this office and the data that I get from other offices."

[essenel]

imdeng,

I have updated my original post.

Is that what you were looking for?

PS There is a big difference as to when people actually file with USCIS and when they add their case to Trackitt - it is an important distinction.

Spec, thank you. Out of curiosity, is there any estimate for the number of people who add their cases, but forget to update them when they get approved?

[codesmith]

Hi....this is what Ron eaxplained Regarding New 485 approvals and trackit cases....
Those could have been isolated instances, but I've learned never to underestimate the craziness that some applicants will resort to in order to move their cases along.
....."
Thanks Mesan.
Interesting post, It's hard to believe that when people think- giving false information would make USCIS move faster .. ;)
Well, I agree with the "craziness" Ron mentioned; a very typical example is finger printing. You can see almost 50% of the applicants on trackitt asking if one can do FP before scheduled date... God knows why so many people can not make it on scheduled date.

[Kanmani]

Hi....this is what Ron eaxplained Regarding New 485 approvals and trackit cases....

"Trackitt is a great site and provides a lot of useful information. I have always doubted the accuracy of the processing times shown there, however. Lawyers share information and the processing time data that I have seen in my own office, as well as the information I receive from colleagues is never as optimistic as the Trackitt data. This could be because the sample size on Trackitt is small (relatively speaking) or because people are entering false information. I know that in the past, I have seen emails encouraging folks to enter falsely optimistic information in the results would influence the USCIS to move faster. Those could have been isolated instances, but I've learned never to underestimate the craziness that some applicants will resort to in order to move their cases along.

We file a large enough volume of cases to get a pretty good idea of processing times. My colleagues also file a significant number of cases. These are all well prepared, well documented I-485s that generally do not receive RFEs. The numbers that I posted reflect our experience in this office and the data that I get from other offices."

mesan sis, do you know what numbers he has posted in contradiction to trackitt?

[sp2008]

Rons latest blog on Cut off date movement
http://www.imminfo.com/News/Newsletter/2012-02-15/eb2-cutoff-dates.html

don't think he said any thing we don't know already.

[gc_usa]

Two things I learned from this GC process. Doc who hates online / web ( One of doc I went to ask for Medical cost for Immi and it was small practice and spoke to him directly , of course Desi...) stuff must have bad review and mal practice information on web.

And lawyer who is all across internet may be don't have business to do and know less in actual INS text. Not advertising here but law firm which I worked with for my app is very small and no website , but lawyer made sure each and every detail about BC and other docs. He was so picky about BC that I had to spend much time on preparing docs. He told me that many cases get RFE on BC which he wanted to prevent. There are few lawyers who post information left and right and they know lot about what is going on web so may be they have nothing to do :)

[mesan123]

That is what.....i just posted so that GURUS can enlighten me...i myself feel it is wrong( atleast i dont think people will fake there deatisl) but i myself started to know details about GC more for last one year....so i dont know much about previous years and top of it......i dont decode much from trackitt cases( as still i dont know exact parameters and i dont take that pain may be)....just wanted to know whether there were any issues of this kind in trackitt data before....


As such i dont beilive lawyers site much...but i do read them for information sake( menat murthy, ron &oh law firm)


mesan sis, do you know what numbers he has posted in contradiction to trackitt?

[mysati]

Two things I learned from this GC process. Doc who hates online / web ( One of doc I went to ask for Medical cost for Immi and it was small practice and spoke to him directly , of course Desi...) stuff must have bad review and mal practice information on web.

And lawyer who is all across internet may be don't have business to do and know less in actual INS text. Not advertising here but law firm which I worked with for my app is very small and no website , but lawyer made sure each and every detail about BC and other docs. He was so picky about BC that I had to spend much time on preparing docs. He told me that many cases get RFE on BC which he wanted to prevent. There are few lawyers who post information left and right and they know lot about what is going on web so may be they have nothing to do :)

I sorta agree with your second para. My lawyer informed me about all the vaccinations we need to take and asked to get the shots done when we started the GC process, even before filing the PERM. They asked for prior Indian employment info., BC copies etc. which are required for I-140 and 485, when they started the process. Of course it takes 4-5 years for us. But for ROW, it will help reduce their wait time if all these info/ docs are ready right away. From what I hear, not many lawyers do that.

[Vikrant]

I have been a silent follower of this blog for the last couple of months and am really impressed with the overall level of insight, knowledge and caliber of the members (special shout out to Spec, Teddy, Q, Nishant, Kanmani , KD, imdeng and apologies for missing out others... don't want the list to run in pages). The information and the quick response time on the blog are amazing. Ironically, it is a dismal sign about the state of immigration affairs in US that an average person has to educate oneself so much to not trip the million hurdles on way to GC.

I wanted to discuss a few hypothesis/ questions which come to mind after the recent run-up in EB2 (I&C) category and the permanent lack of quality data from government agencies. I assume that CP (approx. 3 months processing time) would allow a number of EB2 (I&C) Jan filers (PD prior to 1/1/2009) to get GC in March/ April due to no retrogression in March (and maybe even April). I am sure that CO is well aware of this difference in USCIS and CP processing time.
a. If the dates do retrogress back to say July 2008 in the summer of 2012, how does DoS/ DHS justify issuance of GC to person with PD of Dec 2008 through CP but no GC for PD of July 2008 through AoS even though there was no delay in filing or lack of paperwork by the July 2008 AoS applicant? Does such an applicant (July 2008 AoS) have any legal recourse since such a person has been wrongfully denied GC while someone with later PD gets GC? To minimize such legal risk and create an alibi, can we expect RFE from USCIS for cases that are after the retrogressed date?
b. Does this mean that dates have to retrogress starting April (and not summer 2012 as widely expected right now) to avoid the situation in (a) above?
c. Alternatively, if the April bulletin does not retrogress, is it safe to assume that retrogression will be much closer to Jan 1, 2009 (cut-off date of Jan VB)?

[kd2008]

Vikrant, thanks for the shout out and welcome to the forum.

My opinions are inline below.


I have been a silent follower of this blog for the last couple of months and am really impressed with the overall level of insight, knowledge and caliber of the members (special shout out to Spec, Teddy, Q, Nishant, Kanmani , KD, imdeng and apologies for missing out others... don't want the list to run in pages). The information and the quick response time on the blog are amazing. Ironically, it is a dismal sign about the state of immigration affairs in US that an average person has to educate oneself so much to not trip the million hurdles on way to GC.

I wanted to discuss a few hypothesis/ questions which come to mind after the recent run-up in EB2 (I&C) category and the permanent lack of quality data from government agencies. I assume that CP (approx. 3 months processing time) would allow a number of EB2 (I&C) Jan filers (PD prior to 1/1/2009) to get GC in March/ April due to no retrogression in March (and maybe even April). I am sure that CO is well aware of this difference in USCIS and CP processing time.
a. If the dates do retrogress back to say July 2008 in the summer of 2012, how does DoS/ DHS justify issuance of GC to person with PD of Dec 2008 through CP but no GC for PD of July 2008 through AoS even though there was no delay in filing or lack of paperwork by the July 2008 AoS applicant? Does such an applicant (July 2008 AoS) have any legal recourse since such a person has been wrongfully denied GC while someone with later PD gets GC? To minimize such legal risk and create an alibi, can we expect RFE from USCIS for cases that are after the retrogressed date?

There is no law that requires USCIS to process a case in certain time frame at all. They can take years if they wish. Of course, their lack of timeliness has repercussion for them. The inspector general, or Ombudsman will call upon them, and eventually the Congress may act or may choose to ignore it. So we do not have any recourse. It is the way the system has been setup. DoS has a legal burden to use up all of the annual quota of visas but even then there is no reprimand if they don't. So at best we can hope for is DoS using up all of the annual quota. Also there is no law that says, GCs should be handed out in the order of PDs.

b. Does this mean that dates have to retrogress starting April (and not summer 2012 as widely expected right now) to avoid the situation in (a) above?

No, not at all. Dates will only retrogress if USCIS processes and adjudicates more cases than there are visas to be handed out. Hence, DoS and Mr. CO prefers to limit retrogression to the end of the fiscal year if possible. But there might be an unfortunate situation where they have to retrogress immediately. Currently, based on USCIS processing this is unlikely.

c. Alternatively, if the April bulletin does not retrogress, is it safe to assume that retrogression will be much closer to Jan 1, 2009 (cut-off date of Jan VB)?

Again, the cut-off date resulting from retrogression has no relation with when the dates are retrogressed. As I have said before, USCIS does not adjudicate cases in a strict FIFO. The cut-off date could land anywhere depending on which cases USCIS has processed.

[imdeng]

I doubt that CO/USCIS/DoS are much concerned about the difference in processing time between AoS and CP. Applicants have the choice between the two, they are not forcing anyone to chose between one or the other - so I guess they don't have any liability here or any grounds to be sued.

I also don't believe that here is any coordination between CP folks and AoS folks - so the idea that RFEs will be issed by USCIS in reaction to anything being does by CP people does not seem credible.

Now, where retrogression will land depends on only one factor - how many visas does USCIS requests from DoS when they start running through Jan VB submissions. In another month or two, Jan VB cases will start becoming ripe and the moment there are enough of them to approach the annual quota, CO will clamp down with retrogression (my guess is for 15-Mar-2008). USCIS will hopefully continue to pre-adjudicate rest of the inventory and in Aug or Sept VB, CO will adjust the retrogressed PD to make sure that no visas are wasted.



a. If the dates do retrogress back to say July 2008 in the summer of 2012, how does DoS/ DHS justify issuance of GC to person with PD of Dec 2008 through CP but no GC for PD of July 2008 through AoS even though there was no delay in filing or lack of paperwork by the July 2008 AoS applicant? Does such an applicant (July 2008 AoS) have any legal recourse since such a person has been wrongfully denied GC while someone with later PD gets GC? To minimize such legal risk and create an alibi, can we expect RFE from USCIS for cases that are after the retrogressed date?
b. Does this mean that dates have to retrogress starting April (and not summer 2012 as widely expected right now) to avoid the situation in (a) above?
c. Alternatively, if the April bulletin does not retrogress, is it safe to assume that retrogression will be much closer to Jan 1, 2009 (cut-off date of Jan VB)?

[fedupwithgc]

My two weekly update on EB2-I Primary applications added to Trackitt since October 2011.

-- VB ------- Priority Dates ---------------- Jan 03 -- Jan 17 -- Jan 31 -- Feb 14
October VB -- PD Apr 15 2007 to Jul 14 2007 --- 100 ----- 107 ----- 113 ----- 125 (+12 cases)
November VB - PD Jul 15 2007 to Oct 31 2007 --- 238 ----- 278 ----- 331 ----- 387 (+56 cases)
December VB - PD Nov 01 2007 to Mar 14 2008 --- 191 ----- 286 ----- 336 ----- 436 (+100 cases)
January VB -- PD Mar 15 2008 to Dec 31 2008 ---- 15 ----- 176 ----- 310 ----- 454 (+144 cases)
February VB - PD Jan 01 2009 to Dec 31 2009 --------------------------------- 199 (+199 cases)

Here are the approvals from those applications.

Approvals by PD Month for FY2012 VB

PD -------------------- Total --- NSC --- TSC --- CSC --- VSC -- % Approved
April 15 2007 - ----------- 7 ----- 1 ----- 6 ----- 0 ----- 0 ------ 58.33%
May 2007 ----------------- 16 ----- 2 ---- 14 ----- 0 ----- 0 ------ 42.11%
June 2007 ---------------- 30 ----- 8 ---- 22 ----- 0 ----- 0 ------ 47.62%
July 2007 ---------------- 20 ----- 3 ---- 17 ----- 0 ----- 0 ------ 31.75%
August 2007 -------------- 24 ---- 14 ---- 10 ----- 0 ----- 0 ------ 25.00%
September 2007 ----------- 23 ---- 14 ----- 9 ----- 0 ----- 0 ------ 19.66%
October 2007 ------------- 37 ---- 21 ---- 15 ----- 1 ----- 0 ------ 30.33%
November 2007 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0 ------- 1.16%
December 2007 ------------- 3 ----- 3 ----- 0 ----- 0 ----- 0 ------- 3.33%
January 2008 -------------- 3 ----- 2 ----- 1 ----- 0 ----- 0 ------- 2.73%
February 2008 ------------- 4 ----- 2 ----- 2 ----- 0 ----- 0 ------- 4.12%
March 2008 ---------------- 4 ----- 1 ----- 3 ----- 0 ----- 0 ------- 5.06%
April 2008 ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 0.00%
May 2008 ------------------ 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 0.00%
June 2008 ----------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ------- 0.00%

Post Apr 15 PD Appr. ---- 172 ---- 71 --- 100 ----- 1 ----- 0 ------ 10.74%
Post July PD Approvals --- 99 ---- 57 ---- 41 ----- 1 ----- 0 ------- 6.18%
All Approvals ----------- 181 ---- 75 --- 105 ----- 1 ----- 0 ------ 11.09%


The difference represents applications submitted and approved for cases that were Current in FY2011.

Thanks a lot for the detailed analysis. You help us a lot...

[mesan123]

I agree with KD.. i think retrogression will happen at late part of summer if it has too...atleast seeing at the DD


Vikrant, thanks for the shout out and welcome to the forum.

My opinions are inline below.

[vizcard]

General question - How frequently does the USCIS ask for visas from DOS. Is it real time or is it in batch (weekly, monthly, etc.) ... if it is real time, then folks who submit earlier will get GC earlier regardless of PD. If its a monthly batch then there is some semblance of sticking to the PD priority.

[fedupwithgc]

I agree with KD.. i think retrogression will happen at late part of summer if it has too...atleast seeing at the DD

by the time retrogression happens, hopefully we cross mid 2008 in 485 approvals and demand destruciton is in our favour.

[gomesnj]

Hi Everyone,
Congrats to every one who all went current in the March Bulletin. I too went current my PD Feb 2010. I am a quite observer of this forum.
I have a situation with my job, need some advise from the gurus here. My project ends this month and I have to find another contract job soon.
I work for Company A who is filing my GC, so my I 485 application should be filed after Mar 1. Being in between projects will that affect filing my I 485 to uscis.
Should I notify my attorney that my project is ending this month. Should I be in a project when filing my I 485. What are my risks here. I will be working for my company A, it's just my project is ending and have to look for another one. Please advice.

[mesan123]

i think it is the the real time...GURUs can correct me if i am wrong....i think it is like whose ever application is processed and approved they will get GC irrsepctive of prior PD date people waiting

Eg: i meant if dates are current till 5/1/2010, if an 2009 priority date person had his case approved he will get GC then people whose application are in processing( may be 2007 & 2008)



General question - How frequently does the USCIS ask for visas from DOS. Is it real time or is it in batch (weekly, monthly, etc.) ... if it is real time, then folks who submit earlier will get GC earlier regardless of PD. If its a monthly batch then there is some semblance of sticking to the PD priority.

[arikepudi]

Today afternoon i got a email saying "Card/Document production". I moved from IL to FL last weekend. I forwarded mails from IL to FL address via USPS. I called USCIS and updated the address with them today afternoon after seeing the approval. Also filed AR11 form.

Will the address be updated in their system by the time they mail the cards. I lost my EAD and AP cards in mail because of USPS guys.

Please let me know if i need to do anything else in order to get the cards to the new address.

As i kept mail forwarding i think USPS will filter the mail at the postoffice itself instead of keeping them in the old address.

Gurus any suggestions ?

[GCKnowHow]

I did move couple of times in past, I file change of address online in USPS. They charge a dollar but got all the mails forwarded to new address.

[arikepudi]

I have read in some forum stating that USCIS mails will not be forwarded. Is that true ?

[qesehmk]

That is true. But the good news is that it is a crime to tamper with or open USCIS mail by anybody other than to whom it is addressed to. So generally the contents should be safe and returned to USCIS.


I have read in some forum stating that USCIS mails will not be forwarded. Is that true ?

[mysati]

Today afternoon i got a email saying "Card/Document production". I moved from IL to FL last weekend. I forwarded mails from IL to FL address via USPS. I called USCIS and updated the address with them today afternoon after seeing the approval. Also filed AR11 form.

Will the address be updated in their system by the time they mail the cards. I lost my EAD and AP cards in mail because of USPS guys.

Please let me know if i need to do anything else in order to get the cards to the new address.

As i kept mail forwarding i think USPS will filter the mail at the postoffice itself instead of keeping them in the old address.

Gurus any suggestions ?

Congrats on the approval!

I think the card is mailed a day or two after you get the approval email. You will also get another email saying that your card has been mailed to you.

Since you updated your address with USCIS as soon as you got your first email, I think it will be mailed to your new address.

Good luck!

[Vikrant]

There is no law that requires USCIS to process a case in certain time frame at all. They can take years if they wish. Of course, their lack of timeliness has repercussion for them. The inspector general, or Ombudsman will call upon them, and eventually the Congress may act or may choose to ignore it. So we do not have any recourse. It is the way the system has been setup. DoS has a legal burden to use up all of the annual quota of visas but even then there is no reprimand if they don't. So at best we can hope for is DoS using up all of the annual quota. Also there is no law that says, GCs should be handed out in the order of PDs.



I doubt that CO/USCIS/DoS are much concerned about the difference in processing time between AoS and CP. Applicants have the choice between the two, they are not forcing anyone to chose between one or the other - so I guess they don't have any liability here or any grounds to be sued.

I also don't believe that here is any coordination between CP folks and AoS folks - so the idea that RFEs will be issed by USCIS in reaction to anything being does by CP people does not seem credible.

Now, where retrogression will land depends on only one factor - how many visas does USCIS requests from DoS when they start running through Jan VB submissions. In another month or two, Jan VB cases will start becoming ripe and the moment there are enough of them to approach the annual quota, CO will clamp down with retrogression (my guess is for 15-Mar-2008). USCIS will hopefully continue to pre-adjudicate rest of the inventory and in Aug or Sept VB, CO will adjust the retrogressed PD to make sure that no visas are wasted.

I am inclined to believe that by law (or at least in spirit), GC is required be handed out in order of PD. Although in practical world, the strict enforcement of FIFO is difficult (timing differences of filing I-485, processing speed at service center/ of individual cases etc), I would assume that there shouldn’t be a material deviation from FIFO. Failure would lead to processing arbitrage as people who are most unlikely to get a GC in the current FY (eg: late 2009 or early 2010 PD) could opt for CP as it would give them a better shot at GC in current FY (even with the risks associated with CP vs AoS). Is there a way to switch between AoS and CP interchangeably multiple times after I-485 filing since that may prevent/ limit processing arbitrage? I know that you can switch processing (AoS to CP) prior to I-485 filing. Has anyone on the forum discussed legal recourse with an attorney if people with a later PD are approved GC than yours?

If retrogression is solely based on USCIS visa demand and DoS has no visibility into the USCIS, then CO would make the dates current rather than rely on a department he has no control over and lose visas. Even with a huge PD movement in remaining bulletins, only some of the new petitions would convert into actual visa demand based on USCIS processing times. So there is obviously more at play and I find it difficult to comprehend that there is no co-ordination between USCIS and Visa Office.

Has anyone modeled the number of projected GC filings (I-485 plus CP filings) based on the monthly bulletins? I am trying to figure out the potential cumulative GC filings until March 2012 leading to eventual I-485 inventory build-up and would appreciate if the gurus can provide tables/ data. This may help in fine tuning the models and assumptions once more concrete data (I-485 Inventory reports, Demand Data etc) is available and also provide clarity on next round of PD movement.

[qesehmk]

Funny enough but I do not really think that law requires that. It goes without saying that FIFO is a generally accepted norm. And I think USCIS and DOS follow that after all othre restrictive condictions are met such as EB vs FB or EB1 vs EB2 and Country A vs Country B.

But to my knowledge (which is imperfect I admit) there is no law for issuance of GC in the order of PD.

Here is a logical check for that - If there were such law then the delays in one case will affect all cases behind it. So even the simplest delays in RFEs for BCs will cascade.

My 2 cents....


I am inclined to believe that by law (or at least in spirit), GC is required be handed out in order of PD.

[nishant2200]

Q, I cannot find the applicable law, but I do recall and found by searching, the statement which CO made last year when he announced the 12k numbers from EB1 to be spillover.

http://www.jackson-hertogs.com/news/2011/20110329.shtml

and

http://www.cilawgroup.com/news/2011/03/30/update-on-eb-2-visa-availability-low-eb-1-demand-to-cause-eb-2-india-to-advance/

"AILA has reported that the EB-2 cut-off dates in the upcoming Visa Bulletin should progress ahead, perhaps substantially, because of a decrease in EB-1 filings since October 2010. Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State stated:

"[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those 'otherwise unused' numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all 'otherwise unused' numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates."

-----

Vikrant:
a. Either USCIS is not caring about above law or guideline by DOS
b. Agencies are confident of giving visas completely for the highmark they are setting. for eg: if March 2008 guy got it, they are confident that eventually in the FY, they will clear uptill march 2008

I agree with kd and imdeng analysis also



Funny enough but I do not really think that law requires that. It goes without saying that FIFO is a generally accepted norm. And I think USCIS and DOS follow that after all othre restrictive condictions are met such as EB vs FB or EB1 vs EB2 and Country A vs Country B.

But to my knowledge (which is imperfect I admit) there is no law for issuance of GC in the order of PD.

Here is a logical check for that - If there were such law then the delays in one case will affect all cases behind it. So even the simplest delays in RFEs for BCs will cascade.

My 2 cents....

[mysati]

Q, I cannot find the applicable law, but I do recall and found by searching, the statement which CO made last year when he announced the 12k numbers from EB1 to be spillover.

http://www.jackson-hertogs.com/news/2011/20110329.shtml

and

http://www.cilawgroup.com/news/2011/03/30/update-on-eb-2-visa-availability-low-eb-1-demand-to-cause-eb-2-india-to-advance/

"AILA has reported that the EB-2 cut-off dates in the upcoming Visa Bulletin should progress ahead, perhaps substantially, because of a decrease in EB-1 filings since October 2010. Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State stated:

"[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those 'otherwise unused' numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all 'otherwise unused' numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates."



I think the emphasis there is on the spillover usage - in your highlighted sentence. Spillover usage strictly follows PD order (when it falls across).

[nishant2200]

I think the emphasis there is on the spillover usage - in your highlighted sentence. Spillover usage strictly follows PD order (when it falls across).

yes of course, we are already well past the 5.6k regular quota of EB2IC. so what we have now is definitely SO fall across or fall down.

[suninphx]

I am inclined to believe that by law (or at least in spirit), GC is required be handed out in order of PD. Although in practical world, the strict enforcement of FIFO is difficult (timing differences of filing I-485, processing speed at service center/ of individual cases etc), I would assume that there shouldn’t be a material deviation from FIFO. Failure would lead to processing arbitrage as people who are most unlikely to get a GC in the current FY (eg: late 2009 or early 2010 PD) could opt for CP as it would give them a better shot at GC in current FY (even with the risks associated with CP vs AoS). Is there a way to switch between AoS and CP interchangeably multiple times after I-485 filing since that may prevent/ limit processing arbitrage? I know that you can switch processing (AoS to CP) prior to I-485 filing. Has anyone on the forum discussed legal recourse with an attorney if people with a later PD are approved GC than yours?

If retrogression is solely based on USCIS visa demand and DoS has no visibility into the USCIS, then CO would make the dates current rather than rely on a department he has no control over and lose visas. Even with a huge PD movement in remaining bulletins, only some of the new petitions would convert into actual visa demand based on USCIS processing times. So there is obviously more at play and I find it difficult to comprehend that there is no co-ordination between USCIS and Visa Office.

Has anyone modeled the number of projected GC filings (I-485 plus CP filings) based on the monthly bulletins? I am trying to figure out the potential cumulative GC filings until March 2012 leading to eventual I-485 inventory build-up and would appreciate if the gurus can provide tables/ data. This may help in fine tuning the models and assumptions once more concrete data (I-485 Inventory reports, Demand Data etc) is available and also provide clarity on next round of PD movement.

To answer your data modeling question:

Estimated number of I485 may be arrived at (number of EB2/3IC perm applications for period you are looking for) multiplied by a factor (called OR ) ranging from 0.6 to 1. You can pick your OR. For number of PERM filing for a given period please refer to FACTS AND DATA section.

[imdeng]

If you moved and have put an auto-forward with USPS then yes, any mail from USCIS (for that matter, any mail from Federal Govt) will not be forwarded - they will be returned back to USCIS. It is best to update your address with USCIS (they have a web form for that) and call them to confirm that they have the current address. They used to be pretty slow in updating their address record but I am told that they are pretty fast these days.

I have read in some forum stating that USCIS mails will not be forwarded. Is that true ?

[kingjeremy]

Gurus,

My priority date got current in the Feb-12 bulletin (PD: Nov 2009) and I have submitted my paperwork to my lawyers (hoping they submit my application in a week or so). Given the potential surge in the number of applicants, how long do you think it will take for USCIS/DOS to process the applications? When should we expect to get our EADs and Green Cards? From reading various posts on this board, I understand that they typically (but not always) follow FIFO.....also at the point when they pick up the application, visa numbers need to be available, etc....it is not very clear in my mind what to expect....

Could one of you shed some light on this? Know for a fact that there are several people like me who recently filed / are in the process of filing, but have on idea what the timeline may be.

Cheers,

Adi

[tiger_of_web]

CASE STATUS UPDATE:

PD : 12/18/2008
RD : 01/12/2012
FP : 02/09/2012
EAD/AP : 02/15/2012
Service center : Texas