EB2 Predictions (Rather Calculations) - 2012

[nishant2200]

Next things to do is, Approximate or wait for UCSIS pending inventory reports, to find out how much pending inventory will be left accumulated for EB2IC after the retrogression. Will that be greater than 35k approx. I think that if he has already around 35k accumulated after retrogression, dates may not break the barrier in FY 2013. Dates should break the barrier in FY 2014. Of course the economy should still permit SO. Already this year we saw EB1 dry out per CO, this might be directly a result of the three fold increase in EB1-C that teddy pointed out from trackitt. And also the encouragement to EB5 as part of economic policy.

Gradual date movement should happen after retrogression, around the mid or end of FYs to adjust for SO by CO. Breaking the barrier means dates moving past 1st May 2010 to get more inventory.

Further bad news, but my gut feeling is CO will go back to his annual SO, instead of QSP, if he has made a handsome amount of inventory. But good news to balance this, the NVC fee notices have already gone out for 2011, so he may find a way to further build inventory next year and hold true to those notices.


This is bad ......i meant if the dates retrogress back to 2007....

anyway below is what Ron explanation was

"We knew that there would be a retrogression at some point. The unknown variable was the USCIS. For months, their production has lagged far behind what was needed to exhaust the annual quota. It appears that the Visa Office strategy of advancing cutoff dates in order to qualify more applicants at overseas consular posts has been successful. Also, it looks as though the USCIS has finally started to begin approving China/India EB2 cases at a much faster pace. This means that between the increased productivity by the USCIS and the significantly larger number of people applying at consular posts abroad, the annual quota will be exhausted and no visas will be wasted this year.

As for the severity of the retrogression, keep in mind that for every one additional case applying overseas, nine adjustment applications were filed. While the overseas cases will be resolved within a couple of months, those AOS cases will remain in inventory for years. This is a much smaller version of what happened in the summer of 2007. We will start seeing forward movement again in October. "

Hoping if it starts moving again from october, atleast by last quater of 2012 this backlog cases be approved...

[nishant2200]

His recent projection of SOFAD for this year was of 35K. Let me find out that post to see if there is any break down mentioned.

maybe he gave some from EB1 until now, but for future he is not giving any?

[suninphx]

maybe he gave some from EB1 until now, but for future he is not giving any?

Ya thats possible. Makes sense.

[immi2910]

-- VB ------- Priority Dates ---------------- Jan 03 -- Jan 17 -- Jan 31 -- Feb 14 -- Feb 29 -- Mar 15 - Change
October VB -- PD Apr 15 2007 to Jul 14 2007 ---- 100 ----- 107 ----- 113 ----- 125 ----- 134 ----- 145 (+ 11 cases)
November VB - PD Jul 15 2007 to Oct 31 2007 ---- 238 ----- 278 ----- 331 ----- 387 ----- 454 ----- 487 (+ 33 cases)
December VB - PD Nov 01 2007 to Mar 14 2008 ---- 191 ----- 286 ----- 336 ----- 436 ----- 540 ----- 630 (+ 90 cases)
January VB -- PD Mar 15 2008 to Dec 31 2008 ----- 15 ----- 176 ----- 310 ----- 454 ----- 600 ----- 732 (+132 cases)
February VB - PD Jan 01 2009 to Dec 31 2009 ---------------------------------- 199 ----- 368 ----- 514 (+146 cases)
March VB ---- PD Jan 01 2010 to Apr 30 2010 ------------------------------------------------------- 72 (+ 72 cases)

More info here (http://www.qesehmk.org/forums/showthread.php?688-Statistics-for-EB2-I-Trackitt-New-I-485-Applications-Submitted-in-FY2012).

Especially for immi2910, a breakdown by USCIS Received Month.

USCIS Receipt Date --- October -- November - December -- January -- February ---- March -- Total
Pre FY2012 PD ------------- 11 -------- 11 -------- 6 -------- 4 --------- 3 -------- 1 ----- 36
October VB --------------- 119 -------- 16 -------- 2 -------- 5 --------- 2 -------- 1 ---- 145
November VB -------------------------- 429 ------- 50 -------- 5 --------- 3 -------- 0 ---- 487
December VB ------------------------------------- 548 ------- 62 -------- 17 -------- 3 ---- 630
January VB ------------------------------------------------- 638 -------- 89 -------- 5 ---- 732
February VB ------------------------------------------------------------ 492 ------- 22 ---- 514
March VB --------------------------------------------------------------------------- 72 ----- 72

Total -------------------- 130 ------- 456 ------ 606 ------ 714 ------- 606 ------ 104 -- 2,616


Thanks Spec. I am humbled that you remembered this request.

[immi2910]

Spotted this on Ron Gotcher's forum http://www.immigration-information.com/forums/showthread.php?t=16667&p=69574#post69574

Wow, that is severe retrogression. I was predicting dates would settle around mid 2008 so much for predictions!

[qesehmk]

CO can retro to whatever date he likes today. But between now and Sep 2012, EB2IC will have to move forward around Q1 2008.

Then Oct 2012 onwards the dates will continue to move beyond Q1 2008 again.


Wow, that is severe retrogression. I was predicting dates would settle around mid 2008 so much for predictions!

[vishnu]

makes sense Q - the key is where things are as of the end of the FY.

[immi2910]

Agree that dates should start moving forward again from October, 2012 once FY2013 starts. However, the important question is how far the dates will advance and at what speed.

I am just trying to make sense of those NVC notices sent deep in to June, 2011. I know that once the fees for NVC notices are submitted, they will be valid indefinitely and will not expire but in general, people who have received NVC notices have become current within 6 months to 1 year and I really don't know why NVC notices will be sent out if dates are not expected to cover those PDs within few months of sending notices. The question is will the dates advance to Mid 2011 soon after the beginning of FY 2013 or is it going to move at a very slow pace (moving every few months each VB) and we may reach Mid 2011 by the end of FY2013 or it may go to FY2014.

Can someone throw some light on this?

It will depend if CO wants to do quarterly spill over (QSP) for FY 2013, which I do not think he will do.

Once USCIS releases inventory in May he will have a fairly good idea about EB2 IC demand but what he won't know is the spillover from EB1 and EB2ROW for FY 2013. So, CO is more likely to wait and watch rather than do QSP.

I am sure we will not see dates progressing beyond May 1, 2010 in FY 2013, which really irritates me because I was one of the person who had received NVC fee bill (PD June 2011) and was hoping dates will advance to that point before retrogression.

[qesehmk]

I would think somewhere around Q1 2008.


makes sense Q - the key is where things are as of the end of the FY.

[Kanmani]

I hope CO retrogresses to March 16 2008 as they have approved considerable numbers from Dec and Jan filers and people would go mad being unlucky after seeing his/her colleague with the same PD already approved .

[Jonty Rhodes]

So from the discussion, what I understand is that we should wait for I-485 inventory report which should be released in May, 2012 to see how many AOS petitions are pending. That would give us a better idea of the magnitude of forward movement in the future during this FY as well as next FY.

But again, is that I-485 inventory data going to be accurate enough? We all saw the I-485 inventory data released in January, 2012 which most of us agree was skewed. I hope it won't be repeated again. Otherwise this whole prediction thing is going to be a futile exercise.

[immi2910]

So from the discussion, what I understand is that we should wait for I-485 inventory report which should be released in May, 2012 to see how many AOS petitions are pending. That would give us a better idea of the magnitude of forward movement in the future during this FY as well as next FY.

But again, is that I-485 inventory data going to be accurate enough? We all saw the I-485 inventory data released in January, 2012 which most of us agree was skewed. I hope it won't be repeated again. Otherwise this whole prediction thing is going to be a futile exercise.

Since people eligible in Jan VB filed in Jan 2012 USCIS did not have enough time to include all those who had become current in Jan VB. I think the data was accurate for everyone up to Dec VB. Now as indicated by Spec's Trackitt analysis 90% of people file in the month they are current and remaining 10% in the second month. After that there are only handful of cases that file for AOS.

Now since there is no movement in Apr VB we can be sure that by end of Apr almost everyone who is eligible would have filed i.e. by end of Apr everyone upto May 2010 would have filed. Thus, when USCIS run the numbers in May 2012 we should have everyone in the system.

[Spectator]

Just some thoughts on what CO has said.

a) From how CO has defined it before, no spill down from EB1 means that EB1 and EB5 will use 50k between them. Even with increased processing, it doesn't seem likely that EB5 will reach 10k this year, so EB1 will probably exceed the 40k quota.

b) No spill down probably limits SOFAD to not much more than 20k. Normally, that might have allowed dates to reach about the end of October 2007. However, significant numbers of cases have been and will be approved with a PD beyond that date already, which drags the date back further. That limits how far ahead of August 2007 the dates could move before the end of the year.

Indeed, the date might not move at all. EB2-IC already seems to have breached the 20k barrier. I'm not sure CO can wait as long as the June VB to retrogress.

By the time the new FY starts in October 2012, USCIS will have a large number of pre-adjudicated cases, so forward movement will be limited by the expected QSP. Having used the EB1 "lie" for 2 years to justify movement, CO may not use it again.

On the bright side, the way that CO has moved the dates means that over 45k extra people have been able to submit their I-485 application and gain the benefit of AP and EAD. In addition, some children have been able to lock their CSPA age below 21 and will no longer age out. They no longer have to worry about losing H4 status when they turn 21 and either having to leave the USA or find another status and ultimately earn a GC on their own merits.

[qesehmk]

Great point by Spec.


On the bright side, the way that CO has moved the dates means that over 45k extra people have been able to submit their I-485 application and gain the benefit of AP and EAD. In addition, some children have been able to lock their CSPA age below 21 and will no longer age out. They no longer have to worry about losing H4 status when they turn 21 and either having to leave the USA or find another status and ultimately earn a GC on their own merits.

[TeddyKoochu]

- Post projecting 35K SOFAD this is a ball park projection over 12 months if the current rate of approvals is sustained. Note at this stage EB2 ROW which is our big hope has caught up. Now this logic would breakdown completely if the 56% limit for the first two quarters has been overshot. This level is also difficult without EB1 unless EB2 ROW totally collapses.
http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=23047#post23047
- Post projecting NO SOFAD from EB1 because the Eb1 numbers on Trackitt are extremely high. I can’t find my later posts.
http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=7653#post7653
Spec thanks for posting Ron's comments with CO's intake. Really disappointing news. Realistically some really old time people pre Aug 2007 are left. A lot of factors will play in some people filed late, demand destruction and maybe higher filing via CP route. I have one question to you I kind of understand it’s hard to answer you commented that Trackitt representation has doubled, do you think that it is true even for EB2 ROW this is significant because that is our single biggest source for SOFAD, right now what we can bank on is EB5 - 6.5K and EB2 I/C - 5.5K = 12K. If EB2 ROW/M/P can provide another 20K which is possible if the ROW representation on Trackitt has also doubled then we can still expect 30K plus SOFAD and pretty much cover entire 2008 (01-Jan-2009) else we will have 7-8K lesser than this which would be ~ 25K this way significant number of Jan filers and those left behind will be bumped over to the next year. Trackitt in the past has shown a very close correlation for EB2 ROW, I personally believe that ROW representation there may have also increased there but 2 fold is a bit higher
Another approach is to consider it as 2 parts of the year. Part has given us ~ 20K SOFAD is set in stone and can’t be taken back. Part 2 can give us anywhere from 5 – 15K still this opens things to a wide range from Mar 2008 to Dec 2008 considering that we are in deep demand destruction zone.

[Spectator]

I have one question to you I kind of understand it’s hard to answer you commented that Trackitt representation has doubled, do you think that it is true even for EB2 ROW this is significant because that is our single biggest source for SOFAD, right now what we can bank on is EB5 - 6.5K and EB2 I/C - 5.5K = 12K. If EB2 ROW/M/P can provide another 20K which is possible if the ROW representation on Trackitt has also doubled then we can still expect 30K plus SOFAD and pretty much cover entire 2008 (01-Jan-2009) else we will have 7-8K lesser than this which would be ~ 25K this way significant number of Jan filers and those left behind will be bumped over to the next year. Trackitt in the past has shown a very close correlation for EB2 ROW, I personally believe that ROW representation there may have also increased there but 2 fold is a bit higherTeddy,

I don't see any evidence that the EB2-ROW Trackitt % has changed at all. There is no event that might have caused it to, nor are there any figures to benchmark it against. With both EB1 and EB2-ROW there is always the elephant in the room of the increasing backlog. Any movement in that can affect the numbers significantly.

That is in contrast to EB2-I, where the rapid forward movement seems to have encouraged twice as many people to add their case to Trackitt and we could benchmark the Trackitt numbers versus the expected numbers. While that may not be perfect, it seems to work reasonably well.

The 20k SOFAD in my previous post would rise, if CO is not including EB5 figures when he said no spill down from EB1. Even if that is the case, it still isn't pretty and doesn't make much difference. The fact that CO is talking about retrogressing to August 2007, itself suggests that there aren't many extra visas available.

[geevikram]

This is messed up guys. I'm planning to get married in early may with a PD of Jul 2008. Don't know my odds of filing for 485. Any inputs?

[kd2008]

The talk from Mr. CO about retrogression indicates that USCIS has been once again able to pull wool over Mr. CO eyes and has not be transparent about demand and inventory. This is such a travesty and such a shame. Worse is the fact that nobody is going to bring USCIS to task.

Yeah, yeah, USCIS has processed a lot of cases fast, I know. So there is some hope.

But gosh! ...what an unreliable system.

[suninphx]

- Post projecting 35K SOFAD this is a ball park projection over 12 months if the current rate of approvals is sustained. Note at this stage EB2 ROW which is our big hope has caught up. Now this logic would breakdown completely if the 56% limit for the first two quarters has been overshot. This level is also difficult without EB1 unless EB2 ROW totally collapses.
http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=23047#post23047
- Post projecting NO SOFAD from EB1 because the Eb1 numbers on Trackitt are extremely high. I can’t find my later posts.
http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=7653#post7653
Spec thanks for posting Ron's comments with CO's intake. Really disappointing news. Realistically some really old time people pre Aug 2007 are left. A lot of factors will play in some people filed late, demand destruction and maybe higher filing via CP route. I have one question to you I kind of understand it’s hard to answer you commented that Trackitt representation has doubled, do you think that it is true even for EB2 ROW this is significant because that is our single biggest source for SOFAD, right now what we can bank on is EB5 - 6.5K and EB2 I/C - 5.5K = 12K. If EB2 ROW/M/P can provide another 20K which is possible if the ROW representation on Trackitt has also doubled then we can still expect 30K plus SOFAD and pretty much cover entire 2008 (01-Jan-2009) else we will have 7-8K lesser than this which would be ~ 25K this way significant number of Jan filers and those left behind will be bumped over to the next year. Trackitt in the past has shown a very close correlation for EB2 ROW, I personally believe that ROW representation there may have also increased there but 2 fold is a bit higher
Another approach is to consider it as 2 parts of the year. Part has given us ~ 20K SOFAD is set in stone and can’t be taken back. Part 2 can give us anywhere from 5 – 15K still this opens things to a wide range from Mar 2008 to Dec 2008 considering that we are in deep demand destruction zone.

Thanks for quick post. Last point is great point. Nishant also mentioned similar thing. We might have got visas from all catagories till now and have already been allocated so can not be reversed. Getting another 7-8K visas from second half(just averaging the the range you stated) seems possible.

[gc2008]

CO can retro to whatever date he likes today. But between now and Sep 2012, EB2IC will have to move forward around Q1 2008.

Then Oct 2012 onwards the dates will continue to move beyond Q1 2008 again.

If people miss the boat this time, they may have to wait until the end of fiscal year 2013 for the dates to move again. We have been seeing the approvals ongoing basis this year as dates were current till this point and hence quarterly spill over happened. However, if retrogression happens, the scenario can be compared to pre October 2011 . They will have exact count of pending applications going forward and hence do only spillover during the last few months similar to what had happened till September 2011. So I guess we see dates moving only in last quarter of 2013 and not from October 2012.

[ontheedge]

Wow...what a dampner! With a PD of 3/15, having just missed filing in Dec....then seeing late 2008 approvals ....I was consoling myself that the end is in sight. Agree with KD2008, what a shame and what a hot mess! There is no process and no accountability.

Anyway, Teddy's post gives a ray of hope. Waiting another 6 months to get a shot at approval is not a fun thought :(

[qesehmk]

KD there may be conflicts in other places ... but in this case I see USCIS and DOS walking lockstep.

I think this is a well thought carefully orchestrated policy. Unfortunately it elevated expectations and now they are going to deflate them.

I think the reality will be better than their pessimistic projections. And reality was anyway going to be worse than the inflated hopes. That's why the focus on fundamentals is so important.

We need to ask what really happened to the demand? Has it really destroyed. Upto what extend. If as Spec mentions above, ROW demand hasn't seen destruction (Spec correct if Iamwrong ) then would the same be possible for EB2IC?

I personally haven't yet looked into DD. So honestly I cant answer. My hunch is DD is not as severe as it seemed based on dates movements. Otherwise there wouldn't be any talk to retro to Aug 2007.


The talk from Mr. CO about retrogression indicates that USCIS has been once again able to pull wool over Mr. CO eyes and has not be transparent about demand and inventory. This is such a travesty and such a shame. Worse is the fact that nobody is going to bring USCIS to task.

Yeah, yeah, USCIS has processed a lot of cases fast, I know. So there is some hope.

But gosh! ...what an unreliable system.

[mesan123]

Yes you are correct Kd2008.....
USCIS is still messed up....hope atleast they publish reasonable data in MAY(which i doubt )....atleast it gives us chance for predicting how future moment can be...


The talk from Mr. CO about retrogression indicates that USCIS has been once again able to pull wool over Mr. CO eyes and has not be transparent about demand and inventory. This is such a travesty and such a shame. Worse is the fact that nobody is going to bring USCIS to task.

Yeah, yeah, USCIS has processed a lot of cases fast, I know. So there is some hope.

But gosh! ...what an unreliable system.

[suninphx]

KD there may be conflicts in other places ... but in this case I see USCIS and DOS walking lockstep.

I think this is a well thought carefully orchestrated policy. Unfortunately it elevated expectations and now they are going to deflate them.

I think the reality will be better than their pessimistic projections. And reality was anyway going to be worse than the inflated hopes. That's why the focus on fundamentals is so important.

We need to ask what really happened to the demand? Has it really destroyed. Upto what extend. If as Spec mentions above, ROW demand hasn't seen destruction (Spec correct if Iamwrong ) then would the same be possible for EB2IC?

I personally haven't yet looked into DD. So honestly I cant answer. My hunch is DD is not as severe as it seemed based on dates movements. Otherwise there wouldn't be any talk to retro to Aug 2007.

As EB2ROW is always current ,I think demand desctruction concept is applicable for EB2IC really, in light of , people needing to change jobs and doing multiple filings(during recession), both husband/wife filing separate PERMS , people going back to home countries for better prospects etc. (specially post Aug 2007 with no EAD fallback , recession etc)

And honestly the DD and date movement got disconencted from Jan VB onwards. In no case date movement was going to relate directly with demand desctruction.

[mesan123]

As many of GURUS informed....just file your case....

i think you can add your spouse before your 485 is approved. on assumption that you apply end of april, if dates retrogress for may bulletion, then you can marry in may as you planned and bring your spouse and add her to your 485.....USCIS cant approve your case in one month if your date is not current....

Others can correct me if i am wrong.....

or if you want to wait...i think you will end up waiting for one year before your date again becomes current






This is messed up guys. I'm planning to get married in early may with a PD of Jul 2008. Don't know my odds of filing for 485. Any inputs?

[ragx08]

This is messed up guys. I'm planning to get married in early may with a PD of Jul 2008. Don't know my odds of filing for 485. Any inputs?

Vikram,

The best thing you can do is to file your I-485 before May 1st (as late as possible). That will ensure you will not be greened before retrogression. Once that happens, you have time until you PD becomes current to marry. Make sure you apply your future spouse's I-485 as soon as your date becomes current again and before you are greened.

[Spectator]

If as Spec mentions above, ROW demand hasn't seen destruction (Spec correct if Iamwrong ) then would the same be possible for EB2IC? Q,

Teddy and I weren't discussing DD, but the % of ROW people who add their case to Trackitt and whether that has changed. If it had increased, then the number of Trackitt approvals would represent less actual approvals and increase the numbers available for SOFAD.

I think as someone else mentioned, since EB2-ROW has always been Current, I'm not sure we would expect very much DD anyway.

[geevikram]

Thanks mesan. Can you please provide any link to such discussions? If I have already applied, can I add my wife at a later date without my PD being current?


As many of GURUS informed....just file your case....

i think you can add your spouse before your 485 is approved. on assumption that you apply end of april, if dates retrogress for may bulletion, then you can marry in may as you planned and bring your spouse and add her to your 485.....USCIS cant approve your case in one month if your date is not current....

Others can correct me if i am wrong.....

or if you want to wait...i think you will end up waiting for one year before your date again becomes current

[kd2008]

KD there may be conflicts in other places ... but in this case I see USCIS and DOS walking lockstep.

I think this is a well thought carefully orchestrated policy. Unfortunately it elevated expectations and now they are going to deflate them.

I think the reality will be better than their pessimistic projections. And reality was anyway going to be worse than the inflated hopes. That's why the focus on fundamentals is so important.

We need to ask what really happened to the demand? Has it really destroyed. Upto what extend. If as Spec mentions above, ROW demand hasn't seen destruction (Spec correct if Iamwrong ) then would the same be possible for EB2IC?

I personally haven't yet looked into DD. So honestly I cant answer. My hunch is DD is not as severe as it seemed based on dates movements. Otherwise there wouldn't be any talk to retro to Aug 2007.

Q, yes, DoS and USCIS may be lockstep in coordinated policy. But what kind of policy is this? If this is the best they can come up with then shame on both of them.

I think we both agreed in the past analysis about demand destruction and where the dates might end up. Yours had them at Q1 2008 and mine, a bit more optimistic at late Q2 2008.

I had this wishful thinking that may be USCIS processing would be just fast enough to consume QSP and resulting in no retrogression. Spec, quickly dispelled that notion.

Let us see if the dates do end up in the range we talked about.

[mesan123]

To add i think you need to have your date current ....sorry missed that point.....but as ragx08 mentioned you can add your spouse as soon as your date is current again.....


Thanks mesan. Can you please provide any link to such discussions? If I have already applied, can I add my wife at a later date without my PD being current?

[TeddyKoochu]

KD there may be conflicts in other places ... but in this case I see USCIS and DOS walking lockstep.

I think this is a well thought carefully orchestrated policy. Unfortunately it elevated expectations and now they are going to deflate them.

I think the reality will be better than their pessimistic projections. And reality was anyway going to be worse than the inflated hopes. That's why the focus on fundamentals is so important.

We need to ask what really happened to the demand? Has it really destroyed. Upto what extend. If as Spec mentions above, ROW demand hasn't seen destruction (Spec correct if Iamwrong ) then would the same be possible for EB2IC?

I personally haven't yet looked into DD. So honestly I cant answer. My hunch is DD is not as severe as it seemed based on dates movements. Otherwise there wouldn't be any talk to retro to Aug 2007.

Q and KD, following was my post following the inventory release.
http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=20516#post20516

- The inventory at the end of the day is just a report and assumes that the operational process is followed which could be every A # having a PD assigned.
- Most of us who have filed from Oct onwards saw spouse's PD as RD or blank, this might be because at that time there may have been a huge rush just to receipt applications, so the process of stamping the primary A# PD was not followed.
- Now in the preadjudicated days this would have worked because the primarily and derivative cases were linked already and derivative A# had PD.
- Now if the inventory reporting is not elegant enough to derive the derivatives applicant PD from the primary the Inventory would miss the data for most of the derivative applicants.

This is just a possibility besides everything else and if CO see's the inventory coupled with the demand data (Referring to Spec's explanation) he drastically moved the dates. Now in any organization there is always a disconnect between the management (Which relies on reports) and at the ground level (Those who receipt applications) and this may just be one classic case. The inventory at its face value is extremely hard to believe I think most people agreed on that.

[Jonty Rhodes]

Q and KD, following was my post following the inventory release.
http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=20516#post20516

- The inventory at the end of the day is just a report and assumes that the operational process is followed which could be every A # having a PD assigned.
- Most of us who have filed from Oct onwards saw spouse's PD as RD or blank, this might be because at that time there may have been a huge rush just to receipt applications, so the process of stamping the primary A# PD was not followed.
- Now in the preadjudicated days this would have worked because the primarily and derivative cases were linked already and derivative A# had PD.
- Now if the inventory reporting is not elegant enough to derive the derivatives applicant PD from the primary the Inventory would miss the data for most of the derivative applicants.

This is just a possibility besides everything else and if CO see's the inventory coupled with the demand data (Referring to Spec's explanation) he drastically moved the dates. Now in any organization there is always a disconnect between the management (Which relies on reports) and at the ground level (hose who receipt applications) and this may just be one classic case. Te inventory at its face value is extremely hard to believe I think most people agreed on that.

It could be very well a possibility.

The bottomline is, the only thing you can rely upon USCIS for, is its unreliability.

I always thought that Ron Gotcher was way too harsh on USCIS but I can tell you now that he has more experience than me dealing with USCIS and his experience does not speak wrong for USCIS and its incompetency.

[geevikram]

Thanks mesan and ragx08, I just saw ur post, If I get EAD and AP because of my petition and my spouse is still on h4, I obviously cannot use my EAD and AP, right? Because then H1 becomes invalid and so my spouse's status becomes invalid. Am'I right in this assumption?


To add i think you need to have your date current ....sorry missed that point.....but as ragx08 mentioned you can add your spouse as soon as your date is current again.....

[qesehmk]

Spec,

Statistically both should have strong correlation. If ROW cases being added to trackitt don't show significant deviation, then probably the ROW demand is steady YoY. Thus implying DD doesn't exist for ROW.


Q,

Teddy and I weren't discussing DD, but the % of ROW people who add their case to Trackitt and whether that has changed. If it had increased, then the number of Trackitt approvals would represent less actual approvals and increase the numbers available for SOFAD.

I think as someone else mentioned, since EB2-ROW has always been Current, I'm not sure we would expect very much DD anyway.

[mesan123]

YEs . have your H1b valid. then you can apply H4 for your spouse once she is back here then you can add her when your date becomes current again(assumption, you will apply before retrogression)


Thanks mesan and ragx08, I just saw ur post, If I get EAD and AP because of my petition and my spouse is still on h4, I obviously cannot use my EAD and AP, right? Because then H1 becomes invalid and so my spouse's status becomes invalid. Am'I right in this assumption?

[qesehmk]

Teddy

Yes. The inventory is not accurate picture of Total 485 backlog. I also think that moving dates to Aug 2007 (or 2007 for that matter) - if and when actually happens - will confirm that the prior demand data published was BS.

So lets see if they actaully retro into 2007. I guess lets not agonize over it. I am confident that EB2IC still has good future - the talk of retro notwithstanding.


Q and KD, following was my post following the inventory release.
http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=20516#post20516

- The inventory at the end of the day is just a report and assumes that the operational process is followed which could be every A # having a PD assigned.
- Most of us who have filed from Oct onwards saw spouse's PD as RD or blank, this might be because at that time there may have been a huge rush just to receipt applications, so the process of stamping the primary A# PD was not followed.
- Now in the preadjudicated days this would have worked because the primarily and derivative cases were linked already and derivative A# had PD.
- Now if the inventory reporting is not elegant enough to derive the derivatives applicant PD from the primary the Inventory would miss the data for most of the derivative applicants.

This is just a possibility besides everything else and if CO see's the inventory coupled with the demand data (Referring to Spec's explanation) he drastically moved the dates. Now in any organization there is always a disconnect between the management (Which relies on reports) and at the ground level (Those who receipt applications) and this may just be one classic case. The inventory at its face value is extremely hard to believe I think most people agreed on that.

[geevikram]

Thanks, that's what I thought. My best hope right now is to hope that the dates don't retrogress in May bulletin(he gave 2 month range) so that I have opportunity to come back and apply. EAD and AP will be such a big relief.

YEs . have your H1b valid. then you can apply H4 for your spouse once she is back here then you can add her when your date becomes current again(assumption, you will apply before retrogression)

[incridible]

I am a silent follower of this forum and have immensely benefited by reading the posts and would appreciate your feedback on my situation.

Sorry for deviating from the subject.. but i will be very grateful to hear views from experts in this forum. Here is my situation. I have PD August 2010 and my wife is currently on H4. She is pursuing her masters and we were hoping that our dates would get current and decided to continue her education in h4 status. Now the dates are heading south is it a good option to apply for COS to F1 in order to avail OPT? She is likely to graduate in December 2012. I know trying for employment in h1 means she has to apply in 2014 qouta and wait till 2013 october to begin her employment. No employer would wait until then to employ her.. my assumption is masters qouta will be over by the time she graduates.

Do you think converting to F1 makes sense or stay in h4 complete education wait till dates get current (god knows when it will reach aug 2010 again). Please provide me some ideas and share your thoughts!

[Jonty Rhodes]

In all this noise of retrogression, can some one please tell me what is going to happen to those NVC notices which have been sent out up to June, 2011?

Are those NVC notices just going to rot for few years until the dates move substantially forward again?

Also, Mr. CO made a statement on January 24, 2012 that EB2 will be getting a spillover of 12,000 this year, or may be 11000 (1000 less) this year from EB1 as EB1 usage has been low.

Read this,

http://www.cilawgroup.com/news/2012/01/24/visa-bulletin-updates-and-predictions-by-charles-oppenheim-january-19-2012/

It has not even been 2 months since he made that statement and today we hear him saying there is no spillover expected from EB-1. How come in less than 2 months his prediction went from 11,000 to 0?

I wonder if any immigration lawyer in that AILA meeting asked these questions to CO, the head of a highly incompetent organization called USCIS?

I guess I now may have to join qblogfan's league of CO bashing. :p

[suninphx]

In all this noise of retrogression, can some one please tell me what is going to happen to those NVC notices which have been sent out up to June, 2011?

Are those NVC notices just going to rot for few years until the dates move substantially forward again?

I wonder if any immigration lawyer in that AILA meeting asked that question to CO, the head of a highly incompetent organization called USCIS?

I guess I may have to join qblogfan's league of CO bashing. :p
Isn't NVC notice valid only for year? Or I read it wrong?

[Jonty Rhodes]

It is valid only for one year if the fees are not submitted by a candidate within a year of issuance of notice. Once fees are paid within a year, then notices will be valid indefinitely. But so far we have seen that NVC notices have not been issued unless USCIS intends to make those PDs current within 6 months to 1 year. I don't know what was their thought behind these latest NVC notices sent last month? I am really curious about it.

[suninphx]

It is valid only for one year if the fees are not submitted by a candidate within a year of issuance of notice. Once fees are paid, then receipts will be valid indefinitely. But so far we have seen that NVC notices have not been issues unless USCIS intends to make those PDs current within 6 months to 1 year. I don't know what was their thought behind these NVC notices right now?

Thanks for explaination. I get it now.

Agree- hard to guess whats on their mind.

[soggadu]

guys gals and gurus...

1. What % of total EB2 I cases are logged in trackitt? I ask this as most of our analysis is based on this data
2. According to Specs perm data figures a 2010 april applicant will have atleast 60K (provided 75% applied in Eb2 and each perm ~= 2.1 485) applications pending before him... Is this assumption right?

[pdfeb09]

It is valid only for one year if the fees are not submitted by a candidate within a year of issuance of notice. Once fees are paid within a year, then notices will be valid indefinitely. But so far we have seen that NVC notices have not been issued unless USCIS intends to make those PDs current within 6 months to 1 year. I don't know what was their thought behind these latest NVC notices sent last month? I am really curious about it.



In all this noise of retrogression, can some one please tell me what is going to happen to those NVC notices which have been sent out up to June, 2011?

Are those NVC notices just going to rot for few years until the dates move substantially forward again?

Also, Mr. CO made a statement on January 24, 2012 that EB2 will be getting a spillover of 12,000 this year, or may be 11000 (1000 less) this year from EB1 as EB1 usage has been low.

Read this,

http://www.cilawgroup.com/news/2012/01/24/visa-bulletin-updates-and-predictions-by-charles-oppenheim-january-19-2012/

It has not even been 2 months since he made that statement and today we hear him saying there is no spillover expected from EB-1. How come in less than 2 months his prediction went from 11,000 to 0?

I wonder if any immigration lawyer in that AILA meeting asked these questions to CO, the head of a highly incompetent organization called USCIS?

I guess I now may have to join qblogfan's league of CO bashing. :p

I don't think NVC notices drive the dates. It is not even an indicator(neither lagging nor leading) as someone (I think Imdeng) mentions.

Jonty, you probably mean DOS at most of the places where you mentioned USCIS.

Although NVC fee notices are issued with a reasonable expectation of the PD getting current in a reasonably near future, it is not binding on DOS to make them current in any stipulated time-frame.

I may be completely off base here. Gurus please correct me if I am wrong.

[Spectator]

guys gals and gurus...

1. What % of total EB2 I cases are logged in trackitt? I ask this as most of our analysis is based on this data
2. According to Specs perm data figures a 2010 april applicant will have at least 60K (provided 75% applied in Eb2 and each perm ~= 2.1 485) applications pending before him... Is this assumption right?soggadu,

1. I would estimate around 9-10% for Primary applicants for filings since October 2011.

2. Taken from the beginning of FY2012, 60k sounds about right, including cases left from FY2011 and depending on exactly how many 2009/2010 cases there are. There will be a large pre-adjudicated backlog going into FY2013 whatever the real number.

[HR3012]

Depressing Friday :(

[tiger_of_web]

The Department of State (DOS) advised today that the EB2 India and China category is likely to retrogress in the May or June 2012 Visa Bulletin. Charles Oppenheim, Chief, Visa Control and Reporting, provided this information at an AILA conference on March 16, 2012. Mr. Oppenheim projected that it will become necessary to retrogress the EB2 date back to approximately August 2007.

The EB2 cutoff set in the April 2012 Visa Bulletin, which is May 1, 2010, is not changed by Mr. Oppenheim's announcement. The changes will occur in the May and/or June Visa Bulletins. We will provide further analysis in an upcoming MurthyBulletin article.

[qesehmk]

F1 gives her OPT that H4 can't. In terms of H1 priority she can possibly still benefit from her US degree.

The downside of F1 is the compliance with SEVIS rules and all the bureacracy. Another reason for her to have F1 could be that if you ran out of status for whatever reason, you can switch to F2.

Just a few thoughts. Its your choice.


I am a silent follower of this forum and have immensely benefited by reading the posts and would appreciate your feedback on my situation.

Sorry for deviating from the subject.. but i will be very grateful to hear views from experts in this forum. Here is my situation. I have PD August 2010 and my wife is currently on H4. She is pursuing her masters and we were hoping that our dates would get current and decided to continue her education in h4 status. Now the dates are heading south is it a good option to apply for COS to F1 in order to avail OPT? She is likely to graduate in December 2012. I know trying for employment in h1 means she has to apply in 2014 qouta and wait till 2013 october to begin her employment. No employer would wait until then to employ her.. my assumption is masters qouta will be over by the time she graduates.

Do you think converting to F1 makes sense or stay in h4 complete education wait till dates get current (god knows when it will reach aug 2010 again). Please provide me some ideas and share your thoughts!

[andyst]

Another problem with F1 is that it is not a dual-intent visa. When you apply for it you have to show that you have no intention to stay in USA after you finish your degree (which doesn't make much sense but that's how it is). So it might be problematic for your wife to get it as the application for green card shows an intent to remain in the USA..


I am a silent follower of this forum and have immensely benefited by reading the posts and would appreciate your feedback on my situation.

Sorry for deviating from the subject.. but i will be very grateful to hear views from experts in this forum. Here is my situation. I have PD August 2010 and my wife is currently on H4. She is pursuing her masters and we were hoping that our dates would get current and decided to continue her education in h4 status. Now the dates are heading south is it a good option to apply for COS to F1 in order to avail OPT? She is likely to graduate in December 2012. I know trying for employment in h1 means she has to apply in 2014 qouta and wait till 2013 october to begin her employment. No employer would wait until then to employ her.. my assumption is masters qouta will be over by the time she graduates.

Do you think converting to F1 makes sense or stay in h4 complete education wait till dates get current (god knows when it will reach aug 2010 again). Please provide me some ideas and share your thoughts!

[mesan123]

I dont think that is a problem....there are few people i know who applied for GC with F1. they all were dependents and not the primary for GC. Couple of them already got there GC's. I agree with Q's comments on Pro's and con's


Another problem with F1 is that it is not a dual-intent visa. When you apply for it you have to show that you have no intention to stay in USA after you finish your degree (which doesn't make much sense but that's how it is). So it might be problematic for your wife to get it as the application for green card shows an intent to remain in the USA..

[vizcard]

Another problem with F1 is that it is not a dual-intent visa. When you apply for it you have to show that you have no intention to stay in USA after you finish your degree (which doesn't make much sense but that's how it is). So it might be problematic for your wife to get it as the application for green card shows an intent to remain in the USA..

This shouldn't be as issue as he is not current.

incredible -i would say apply for H1. That the safest bet and as Q mentioned, it's a safety net for you if the worst should occur.

Also, if possible, your wife should consider delaying her graduation..perhaps do an internship using CPT. I don't know if she has to do a thesis but she could consider delaying the defense. I delayed my thesis defense by 3 months and did an internship. Really helped me a lot.

[mesan123]

NVC reciepts when recieved are valid for one year( which is for payment of fee's). once fee is paid they are valid indefnitely. in other words they are valid till the dates become current


Isn't NVC notice valid only for year? Or I read it wrong?

[andyst]

I dont think that is a problem....there are few people i know who applied for GC with F1. they all were dependents and not the primary for GC. Couple of them already got there GC's. I agree with Q's comments on Pro's and con's

Well there is a difference whether you apply for GC with F1 or whether you apply for F1 when your GC is already pending.
But if it was the later case then good to know that common sense still exists. I remember someone had some issues with this but I guess they might not be so strict nowadays.

[incridible]

Thanks gurus for your replies. I wont be out of status. I have a full time job which is stable and i am currently in the 5th year of h1 with same employer and my company is likely to apply for extn next year based on 140 approval. So my status is not an issue. So her status is also not an issue.

Only reason to convert for f1 is to get an employment during f1 opt. It is much easier to convert from f1 opt to h1 than h4 to h1 with no employment history in US. I wish things were easier for h4 and hope USCIS allows h4 to work. It is such a pity that people with good qualifications and abilities are limited.



F1 gives her OPT that H4 can't. In terms of H1 priority she can possibly still benefit from her US degree.

The downside of F1 is the compliance with SEVIS rules and all the bureacracy. Another reason for her to have F1 could be that if you ran out of status for whatever reason, you can switch to F2.

Just a few thoughts. Its your choice.

[obamamerabaap]

Incredible, get a desi company to file a fake H1 and get some safety.

[soggadu]

soggadu,

1. I would estimate around 9-10% for Primary applicants for filings since October 2011.

2. Taken from the beginning of FY2012, 60k sounds about right, including cases left from FY2011 and depending on exactly how many 2009/2010 cases there are. There will be a large pre-adjudicated backlog going into FY2013 whatever the real number.

Thank you spec...

[Desperate8]

Ladies and Gentlemen - Boys and Girls - Bhaiyon or Behanon - tai margale tandai margale (tamil)
Suno Suno Suno -

Got our Physical green cards by mail today -

Thank you god , and the forum gurus of peace.

Thank you all my friends -

After GC I know that I need to update the I-9 and SSN (???) what else should be updated ????

[obamamerabaap]

Only I-9, as far as I know, SSN has nothing to do with GC

Congratulations !

[venky2010]

Hi Everyone!

I am at juncture of taking a very important decision of my career/life and would appreciate if you guys, GURUS, can guide me through this unchartered territory. Following are my details:

• Priority Date - January 15, 2010
• Category – EB2-I
• I-140 – Approval Dt - July 2010
• I-485 applied Dt – 5th March 2012
• BE from IIT and more than 10 years of exp.

Currently, working on H1 with small desi consultancy company who is also my GC sponser with current H1 expiring in Q3 2014. I am in 8th year of H1.

Being a contractor, I am sprinting cross country for the projects. At this point, I am working for one of the top leading technology company through my employer, desi company as a contractor in EVC model. My manager wants to hire me as a permanent employee. I am very happy with my work and career growth with this company. Company and my manager also equally value me. They are ready for H1 transfer and start GC process.

In January 2012, they have opened job rack to start the joining process and meanwhile, EB2 dates started to move. So, I asked them to hold the joining process. I got current in March and have filed 485/EAD.

I want to know what are my options to join this company. Please let me know how I can sort my situation. Which option will be better for me?

Option 1 - Transfer H1 to my company after getting EAD in two months. Start GC from scratch and recapture PD from earlier I-140 (Jan 2010). But, my current employer may withdraw I-140 (my speculation). Will I be able to recapture PD even if my employer withdraws it?


Option 2 I wait for 6 months from 485 receipt date to invoke AC21. The problem with AC21 is that desi consultancy has filed following information in my labor:
• Offered Job Title – Sr Software Engineer
• Occupation - Computer software engineers, systems software
• SOC code, 15-1032
• Prevailing wage - 100K
• Section 10 – Is experience in an alternate occupation acceptable? “Yes” has been selected.
• Section 10-B (Identify the job title of the acceptable alternate occupation), “Project Manager, Associate, Programmer Analyst” has been mentioned.
• Section 11 – Job duties are “Design and develop software systems, using scientific analysis and mathematical models to predict and measure outcome and consequences of design. Consult with engineering staff to evaluate interface between hardware and software, develop specifications and performance requirements and resolve customer problems.”
• Section 14 – Specific Skills – MS Project, AGILE, PMP, Clarity, LEAN, SDLC, DB2 etc

Past 3 years job title mentioned in the labor
1. With current employer –
 Job Title - Programmer Analyst
 Work Exp – Same as section 11 and 14 combined in above para

2. With previous employer
 Job Title – Project Manager
 Work exp – Developing project charter/plan, effort estimation, assigning work to team, managing project from initiation to closing, track scope/cost/schedule. Used MS Project, Agile, PMP, SDLC etc


My manager has opened following rack for Sr Project Manager position:

• Create and manage project plans, timelines and deliverables. Communicate schedules and deliverables in a concise manner and ensure that deadlines are met.
• Work with engineering, product development, QA, TechOps and other departments to resolve resource and schedule conflicts and dependencies.
• Run weekly project status meetings, track status of existing issues and identify new issues and risks.
• Act as a central point of contact for all communications relating to the project(s).
• Manage day to day operational, project and resource allocation issues.
• Communicate project status at all management levels.
• Ensure that projects adhere to established standards and methodology practices. Help define new development processes and industry best-practices.
• Assess impact of change requests.
• Make recommendations on how to best approach a software development project keeping in mind the business goals.
• Work with product managers to define requirements and ensure integrity of product.
• Know at all times the health of projects, critical path items, risks and impact to timelines.
• Facilitate problem solving and escalations to maintain schedule.
• Coordinate project deliverables between team leads.

Job Requirements

• 8+ years of program/project management experience
• Strong working knowledge of web development and eCommerce for an international company
• Ability to work effectively in a dynamic development environment with matrix reporting structure
• Knowledge of hardware infrastructure
• Strong facilitation skills
• Ability to communicate verbally and in writing clearly and succinctly, complex design and technical issues, as well as business and product requirements
• Demonstrated leader throughout career
• Demonstrated project management fundamentals
• Excellent written and verbal communication skills
• Solid understanding of web technology, software development lifecycle (Agile experience is a plus) browsers, user interface issues and quality assurance
• General appreciation for software architecture and software development concepts
• Ability to think “outside the box” and contribute to the improvement of internal processes
• Ability to understand and challenge technical proposals
• Strong MS Project aptitude
• Ability to work in a fast-paced, changing environment
• Highly organized and detail oriented
• Ability to multi-task with minimal supervision
• Demonstrated ability with affecting change
• Must be hard working, highly motivated and a self-starter
• Bachelor's degree or equivalent experience

Education
Bachelors Degree or Equivalent

Please let me know if I can use AC21 to move to this job after 6 months.

I shall highly value and appreciate your advice.

Regards,
One lost soul...

[vizcard]

Either option would work. However, I see no reason why you should wait 6 months for AC21. You can capture a PD with an approved 140 even if the first employer revokes. It is unlikely you will get GC in the next 12-18 months so reapplying with the new company is safe. I also don't think you need to wait for EAD. You need to use H1 OR EAD...not both. That's a decision for you to make. There's been quite a bit of discussion here and on Murthy on that topic.
So my POV is Option 1.

PS: If you do decide to go with Option 2, tweak the job description a little to make it a little more aligned with the initial one.

[Kanmani]

Venky
I completely agree with vizcard's opinion here. Similar situation with us , restarting new perm process with sister company but waiting for 180 days to get transfered. Please consider how much you and your family is panic proof during the new GC process to opt for option 1 or 2.

For option 2 the job description should be similar as pointed out by Viz.

[mesan123]

Congratulations....nal valthukal....I think you need to update your SSN also, as current SSN has some restrictions as it is based on H1b...it may be updation in the system in SSn office. Just go to SSN office in your area....i think you can find more details in Post 485 thread.

http://www.qesehmk.org/forums/showthread.php?661-Post-Green-Card-Approval



Ladies and Gentlemen - Boys and Girls - Bhaiyon or Behanon - tai margale tandai margale (tamil)
Suno Suno Suno -

Got our Physical green cards by mail today -

Thank you god , and the forum gurus of peace.

Thank you all my friends -

After GC I know that I need to update the I-9 and SSN (???) what else should be updated ????

[asankaran]

I would say go with option 2. There is a quite bit of hassle involved in option 1. However big the company may be, once they come to know that you are dependent on them for GC they can easily delay and take you for a ride. Quite a few predicted that dates would never reach 2010. So just check with good attorney on job description, invoke AC 21 and do not loose your freedom.


Hi Everyone!

I am at juncture of taking a very important decision of my career/life and would appreciate if you guys, GURUS, can guide me through this unchartered territory. Following are my details:

• Priority Date - January 15, 2010
• Category – EB2-I
• I-140 – Approval Dt - July 2010
• I-485 applied Dt – 5th March 2012
• BE from IIT and more than 10 years of exp.

Currently, working on H1 with small desi consultancy company who is also my GC sponser with current H1 expiring in Q3 2014. I am in 8th year of H1.

Being a contractor, I am sprinting cross country for the projects. At this point, I am working for one of the top leading technology company through my employer, desi company as a contractor in EVC model. My manager wants to hire me as a permanent employee. I am very happy with my work and career growth with this company. Company and my manager also equally value me. They are ready for H1 transfer and start GC process.

In January 2012, they have opened job rack to start the joining process and meanwhile, EB2 dates started to move. So, I asked them to hold the joining process. I got current in March and have filed 485/EAD.

I want to know what are my options to join this company. Please let me know how I can sort my situation. Which option will be better for me?

Option 1 - Transfer H1 to my company after getting EAD in two months. Start GC from scratch and recapture PD from earlier I-140 (Jan 2010). But, my current employer may withdraw I-140 (my speculation). Will I be able to recapture PD even if my employer withdraws it?


Option 2 I wait for 6 months from 485 receipt date to invoke AC21. The problem with AC21 is that desi consultancy has filed following information in my labor:
• Offered Job Title – Sr Software Engineer
• Occupation - Computer software engineers, systems software
• SOC code, 15-1032
• Prevailing wage - 100K
• Section 10 – Is experience in an alternate occupation acceptable? “Yes” has been selected.
• Section 10-B (Identify the job title of the acceptable alternate occupation), “Project Manager, Associate, Programmer Analyst” has been mentioned.
• Section 11 – Job duties are “Design and develop software systems, using scientific analysis and mathematical models to predict and measure outcome and consequences of design. Consult with engineering staff to evaluate interface between hardware and software, develop specifications and performance requirements and resolve customer problems.”
• Section 14 – Specific Skills – MS Project, AGILE, PMP, Clarity, LEAN, SDLC, DB2 etc

Past 3 years job title mentioned in the labor
1. With current employer –
 Job Title - Programmer Analyst
 Work Exp – Same as section 11 and 14 combined in above para

2. With previous employer
 Job Title – Project Manager
 Work exp – Developing project charter/plan, effort estimation, assigning work to team, managing project from initiation to closing, track scope/cost/schedule. Used MS Project, Agile, PMP, SDLC etc


My manager has opened following rack for Sr Project Manager position:

• Create and manage project plans, timelines and deliverables. Communicate schedules and deliverables in a concise manner and ensure that deadlines are met.
• Work with engineering, product development, QA, TechOps and other departments to resolve resource and schedule conflicts and dependencies.
• Run weekly project status meetings, track status of existing issues and identify new issues and risks.
• Act as a central point of contact for all communications relating to the project(s).
• Manage day to day operational, project and resource allocation issues.
• Communicate project status at all management levels.
• Ensure that projects adhere to established standards and methodology practices. Help define new development processes and industry best-practices.
• Assess impact of change requests.
• Make recommendations on how to best approach a software development project keeping in mind the business goals.
• Work with product managers to define requirements and ensure integrity of product.
• Know at all times the health of projects, critical path items, risks and impact to timelines.
• Facilitate problem solving and escalations to maintain schedule.
• Coordinate project deliverables between team leads.

Job Requirements

• 8+ years of program/project management experience
• Strong working knowledge of web development and eCommerce for an international company
• Ability to work effectively in a dynamic development environment with matrix reporting structure
• Knowledge of hardware infrastructure
• Strong facilitation skills
• Ability to communicate verbally and in writing clearly and succinctly, complex design and technical issues, as well as business and product requirements
• Demonstrated leader throughout career
• Demonstrated project management fundamentals
• Excellent written and verbal communication skills
• Solid understanding of web technology, software development lifecycle (Agile experience is a plus) browsers, user interface issues and quality assurance
• General appreciation for software architecture and software development concepts
• Ability to think “outside the box” and contribute to the improvement of internal processes
• Ability to understand and challenge technical proposals
• Strong MS Project aptitude
• Ability to work in a fast-paced, changing environment
• Highly organized and detail oriented
• Ability to multi-task with minimal supervision
• Demonstrated ability with affecting change
• Must be hard working, highly motivated and a self-starter
• Bachelor's degree or equivalent experience

Education
Bachelors Degree or Equivalent

Please let me know if I can use AC21 to move to this job after 6 months.

I shall highly value and appreciate your advice.

Regards,
One lost soul...

[qesehmk]

Venky,

I didn't read through the job descriptions. But generally speaking you have two options. None of them are bad really.

A) You had your PD now. So you can transfer H1. Open second green card track with another company. Keep the current GC track open. After 6 months invoke AC21. If the employer revokes 140 then you still retain your PD.
B) As you say - wait 6 months and then invoke AC21.

It looks like your desi and non-desi employers are in synch. So why would desi person revoke 140?



Hi Everyone!

I am at juncture of taking a very important decision of my career/life and would appreciate if you guys, GURUS, can guide me through this unchartered territory. Following are my details:
.


Ladies and Gentlemen - Boys and Girls - Bhaiyon or Behanon - tai margale tandai margale (tamil)
Suno Suno Suno -

Got our Physical green cards by mail today -

Many congratulations D8!!! All the best for future life and career!!

[GC-Utopic]

Venki, one more perspective,

You may get GC in 2014 ish, see if your desi comp will let u join for 6 months after GC if both companies r in sync, that way no H1 hassle, wait 6 months And do not invoke AC 21 unless necessary,
With the above scenario depends on the desi company's will to keep ur 140 alive for the additional 6 months pay they may get after u get GC
As always consult a 3rd party attorney, just some thoughts to ponder

[srividya]

Next 1 year focus is Spill Over & H.R 3012.

1> for doing reasonable estimate of EB2 I & C recent filing we need to wait till next inventory report.

2> spill over left for FY 2012 is


@ January 2012 we have max of 65K ( EB1-30K EB2-30K & EB5 spillover-5k) for the FY 2012. 1Q consumed 27% of visas.

Also Jan'12 inventory data is EB1 - 15.5K EB2 ROW - 12K pending. we can assume these will be approved reasonably
so remaining numbers are 65K- 27.5K = 37.5K

Also Jan'12 inventory data is 12.5K India & china EB2 cases pending before Jan 1st 2008, mostly these will be approved orderly by retrogress dates to late 2007 to early 2008.

so we have 37.5K -12.5K = 25K.


from Jan 2012 to April 2012, at least 2.5K consumed for EB2 I & C priority date in 2008. ( assuming 18K filed 1500/month, 15% approved by April 30th).

Porting 2.5K

Still Available are 25K - 5K = 20K


EB1 & EB2 ROW filed between Jan 2012 to April 2012, highly get a chance of approval. ( Filled in May cases need visa number in september & quota will be over by the time)

4 months EB1 @2.5 K = 10K
4 months EB2 ROW @ 1.5 K = 6K

20k - 16K = Spillover will be 4K which is available for EB2 india and china cases with PD after Jan 1St 2008. (FY 2012 WILL END FOR EB2 @ 1Q OF 2008)

but thing will not go so smoothly.

All EB2 india & china cases with PD before Jan 1st 2008 may not be approved- May be 2.5K will be struck in the system. EB1 & EB2 row cases with PD before April 2012 another 7.5K in the system. ( see Jan report how many cases pending with PD before July 2011 for EB1-7K & EB2 ROW - 2K). 1.5K buffer to cover if any additional visas for Eb1 & EB2 ROW filed during jan'2012 to Apr'2012

so Based on the above we may get another 10K. This 10K( VARIABLE) is available for EB2 India & china cases with PD in 2008 due to
* inefficiency of USCIS or RFE's or lack of accountability to process in order of PD, no guaranty on processing time frame, Technically this 10K demand is there BUT PRACTICALLY THEY HAVE TO DO SPILL OVER, NO OFFICER WANT TO MENTION THIS SO BASED ON DATA VO HAS TO TALK PESSIMISTIC as per demand only max 4K available to approve EB2 india & china cases with PD after Jan 1st 2008 in 2nd half of the year


with this 30K+ to 35K spill over is reasonable for this FY 2012.

Pre July 2007 - 12K -- Mostly consumed
porting - 2.5K - 60% consumed by April 2012
2007 ( post July 2007) - 8K - 70% consumed by April 2012
1Q 2008 - 4K
VARIABLE - 10K

In this 20K might have consumed ( pre July 2007 cases, porting + post July 2007).

with early spill over VO is seeing demand & supply is meeting for rest of the year in categories EB1 & EB2 ROW. 20K spill over happened in 1st Half year but another 10K available for 2nd half year so VO want to wait till last Quarter & reduce expectation. with 10K VARIABLE they can't approve cases from 2007 to 2010 he has to bring order. where we end by Oct 1st 2012 depends on number of filling for 2008 mostly likely some where in 2008 probability of getting in to 2009 is less

[eb2visa]

Thank you for reply. I am waiting for my finger print appointment letters. Hopefully as you mentioned I may see after FP.


My RD is 2/18 and I am still not able to check the status. don't worry they normally update it after your FP is done. I completed my FP on 3/8 and I am able to check status of AP for my kid only. Nothing for me and my wife yet - not EAD/AP case status.

[veni001]

Ladies and Gentlemen - Boys and Girls - Bhaiyon or Behanon - tai margale tandai margale (tamil)
Suno Suno Suno -

Got our Physical green cards by mail today -

Thank you god , and the forum gurus of peace.

Thank you all my friends -

After GC I know that I need to update the I-9 and SSN (???) what else should be updated ????


Congratulations!

Complete new I-9 with the employer, walk-in to your local SSA to update your record(s) and request new card(s).


Only I-9, as far as I know, SSN has nothing to do with GC

Congratulations !

USCIS will not notify SSA about change in your immigration status, it is your responsibility to update SSA.

[veni001]

This is messed up guys. I'm planning to get married in early may with a PD of Jul 2008. Don't know my odds of filing for 485. Any inputs?


Vikram,

The best thing you can do is to file your I-485 before May 1st (as late as possible). That will ensure you will not be greened before retrogression. Once that happens, you have time until you PD becomes current to marry. Make sure you apply your future spouse's I-485 as soon as your date becomes current again and before you are greened.


Thanks mesan and ragx08, I just saw ur post, If I get EAD and AP because of my petition and my spouse is still on h4, I obviously cannot use my EAD and AP, right? Because then H1 becomes invalid and so my spouse's status becomes invalid. Am'I right in this assumption?

geevikram,

I am in your shoes back in July 2007, decided not file upon consulting attorney.

[eb2visa]

I agree with option 2. Go to your lead or manager and explain the situation saying you need to sync the job description with the old one, I don't think it is a big of deal if they really like you. If not don't go with option 1, as the new company will take atleast to start the advertisement and by the time you get your 140 approved, it will be atleast 1 1/2 year. Instead of starting from zero, talk to your manager, if they agree you are good, if not don't worry, there are so many companies and also you could get the same offer from the current company later also. My advise is don't start from 0. Wait for 6 months and if they agree include your old job description. One more important thing is, the new job could have more duties, but it should contain the old too. And also if you go with option1, make sure they do in EB2. I don't believe in they start the process immediately. Contact a attorney or consult a colleague who has similar experience.

Gurus, please correct me if I am wrong.


I would say go with option 2. There is a quite bit of hassle involved in option 1. However big the company may be, once they come to know that you are dependent on them for GC they can easily delay and take you for a ride. Quite a few predicted that dates would never reach 2010. So just check with good attorney on job description, invoke AC 21 and do not loose your freedom.

[mesan123]

Here is below link from Ron's forum...where he talks more about marriage and 485

http://imminfo.com/Library/green_cards/AOS/marriage-during-aos.html




Thanks mesan and ragx08, I just saw ur post, If I get EAD and AP because of my petition and my spouse is still on h4, I obviously cannot use my EAD and AP, right? Because then H1 becomes invalid and so my spouse's status becomes invalid. Am'I right in this assumption?

[rahul123]

http://www.immigration-law.com/Canada.html

There is an update on HR 3012. Does it means HR 3012 is going to be passed?

[Pundit Arjun]

Hi Rahul,

It definitely does not mean HR3012 is going to be passed.

Please follow the thread related to bills, if you have not yet done so.

From your part, you can call and write to your state senators and request their support.


http://www.immigration-law.com/Canada.html

There is an update on HR 3012. Does it means HR 3012 is going to be passed?

[qesehmk]

Excellent summary on HR3012 by OH's law firm.

The moment Schummer created that Irish bill/amendment, it didn't register well with me. I thought then and I think now, that both Grassley and Schummer are opponents of HR3012 and the irish bill is just a great logjam they have created to oppose HR3012 without directly saying so.

Just my (worthless) 2 cents on this topic. It might be a good idea to start a campaign on Schummer and Brown to pause and delink Irish bill.

http://www.immigration-law.com/Canada.html

[srinidhi]

How about the Prevailing wage ? Are you getting more than what was mentioned in your perm ?

Gurus ,

Is that Okay If one gets lower than the amount specified in perm ?



Hi Everyone!

I am at juncture of taking a very important decision of my career/life and would appreciate if you guys, GURUS, can guide me through this unchartered territory. Following are my details:

• Priority Date - January 15, 2010
• Category – EB2-I
• I-140 – Approval Dt - July 2010
• I-485 applied Dt – 5th March 2012
• BE from IIT and more than 10 years of exp.

Currently, working on H1 with small desi consultancy company who is also my GC sponser with current H1 expiring in Q3 2014. I am in 8th year of H1.

Being a contractor, I am sprinting cross country for the projects. At this point, I am working for one of the top leading technology company through my employer, desi company as a contractor in EVC model. My manager wants to hire me as a permanent employee. I am very happy with my work and career growth with this company. Company and my manager also equally value me. They are ready for H1 transfer and start GC process.

In January 2012, they have opened job rack to start the joining process and meanwhile, EB2 dates started to move. So, I asked them to hold the joining process. I got current in March and have filed 485/EAD.

I want to know what are my options to join this company. Please let me know how I can sort my situation. Which option will be better for me?

Option 1 - Transfer H1 to my company after getting EAD in two months. Start GC from scratch and recapture PD from earlier I-140 (Jan 2010). But, my current employer may withdraw I-140 (my speculation). Will I be able to recapture PD even if my employer withdraws it?


Option 2 I wait for 6 months from 485 receipt date to invoke AC21. The problem with AC21 is that desi consultancy has filed following information in my labor:
• Offered Job Title – Sr Software Engineer
• Occupation - Computer software engineers, systems software
• SOC code, 15-1032
• Prevailing wage - 100K
• Section 10 – Is experience in an alternate occupation acceptable? “Yes” has been selected.
• Section 10-B (Identify the job title of the acceptable alternate occupation), “Project Manager, Associate, Programmer Analyst” has been mentioned.
• Section 11 – Job duties are “Design and develop software systems, using scientific analysis and mathematical models to predict and measure outcome and consequences of design. Consult with engineering staff to evaluate interface between hardware and software, develop specifications and performance requirements and resolve customer problems.”
• Section 14 – Specific Skills – MS Project, AGILE, PMP, Clarity, LEAN, SDLC, DB2 etc

Past 3 years job title mentioned in the labor
1. With current employer –
 Job Title - Programmer Analyst
 Work Exp – Same as section 11 and 14 combined in above para

2. With previous employer
 Job Title – Project Manager
 Work exp – Developing project charter/plan, effort estimation, assigning work to team, managing project from initiation to closing, track scope/cost/schedule. Used MS Project, Agile, PMP, SDLC etc


My manager has opened following rack for Sr Project Manager position:

• Create and manage project plans, timelines and deliverables. Communicate schedules and deliverables in a concise manner and ensure that deadlines are met.
• Work with engineering, product development, QA, TechOps and other departments to resolve resource and schedule conflicts and dependencies.
• Run weekly project status meetings, track status of existing issues and identify new issues and risks.
• Act as a central point of contact for all communications relating to the project(s).
• Manage day to day operational, project and resource allocation issues.
• Communicate project status at all management levels.
• Ensure that projects adhere to established standards and methodology practices. Help define new development processes and industry best-practices.
• Assess impact of change requests.
• Make recommendations on how to best approach a software development project keeping in mind the business goals.
• Work with product managers to define requirements and ensure integrity of product.
• Know at all times the health of projects, critical path items, risks and impact to timelines.
• Facilitate problem solving and escalations to maintain schedule.
• Coordinate project deliverables between team leads.

Job Requirements

• 8+ years of program/project management experience
• Strong working knowledge of web development and eCommerce for an international company
• Ability to work effectively in a dynamic development environment with matrix reporting structure
• Knowledge of hardware infrastructure
• Strong facilitation skills
• Ability to communicate verbally and in writing clearly and succinctly, complex design and technical issues, as well as business and product requirements
• Demonstrated leader throughout career
• Demonstrated project management fundamentals
• Excellent written and verbal communication skills
• Solid understanding of web technology, software development lifecycle (Agile experience is a plus) browsers, user interface issues and quality assurance
• General appreciation for software architecture and software development concepts
• Ability to think “outside the box” and contribute to the improvement of internal processes
• Ability to understand and challenge technical proposals
• Strong MS Project aptitude
• Ability to work in a fast-paced, changing environment
• Highly organized and detail oriented
• Ability to multi-task with minimal supervision
• Demonstrated ability with affecting change
• Must be hard working, highly motivated and a self-starter
• Bachelor's degree or equivalent experience

Education
Bachelors Degree or Equivalent

Please let me know if I can use AC21 to move to this job after 6 months.

I shall highly value and appreciate your advice.

Regards,
One lost soul...

[srinidhi]

http://www.cilawgroup.com/news/2012/03/16/charles-oppenheim-eb-2-india-and-china-cutoff-date-expected-to-retrogress-to-august-2007/

[obamamerabaap]

Dont just copy and paste links from the other site here - we know about this

[veni001]

How about the Prevailing wage ? Are you getting more than what was mentioned in your perm ?

Gurus ,

Is that Okay If one gets lower than the amount specified in perm ?

srinidhi,
Current wage should be at-least or above prevailing wage on LCA filed with his H1B petition.

In general employer should pay at-least or above prevailing wage on PERM application, assuming the beneficiary will be with the PERM sponsoring employer, from the day of GC approval.

[mesan123]

obamamerabaap ......people can paste informative links from other forums in this forum...Q and all other GURU's accept that....and please dont be harsh on anyone.... srinidhi was just trying to share some information, agreed it was discussed already couple of days before , but he is new to this forum...



Dont just copy and paste links from the other site here - we know about this

Srinidhi...most of our GURU's discussed on this topic yesterday....yes the dates will retrogress you can get more information and details if you browse last 2 pages.....


http://www.cilawgroup.com/news/2012/03/16/charles-oppenheim-eb-2-india-and-china-cutoff-date-expected-to-retrogress-to-august-2007/

[sai999]

Hello friends and Guru's

It is my turn to Say I am greened today at 3.00 PM.

after 8 years in the US and gone throw lot of immigration pain and finally i got card production emails for me and my wife.

Please find my Details

TSC
PD : 09/26/2008
RD : 01/04/2012
ND : 01/05/2012
FP : 02/22
CPO : 03/17

Special thanks to Q,Spec,teddy,nishanth,veni ,kamini and other all gurus ...:D:D:D:D

Hope every body will get the card soon.

Thanks
Sai

[mesan123]

Congratulations sai999


Hello friends and Guru's

It is my turn to Say I am greened today at 3.00 PM.

after 8 years in the US and gone throw lot of immigration pain and finally i got card production emails for me and my wife.

Please find my Details

TSC
PD : 09/26/2008
RD : 01/04/2012
ND : 01/05/2012
FP : 02/22
CPO : 03/17

Special thanks to Q,Spec,teddy,nishanth,veni ,kamini and other all gurus ...:D:D:D:D

Hope every body will get the card soon.

Thanks
Sai

[sujan_vatrapu]

I am newbie and I was wondering if you guys used 485 Receipt numbers and USCIS online status tool to check how many applications were filed since a specific date and compare it with PERM data to calculate DD. Using my receipt number and going back in time I was able to figure out that close to 105k applications were filed between Nov, 2011 and Feb, 2012 in TSC (since I tried receipt #s that start with SRC, Nov 3 receipt # SRC1290035###). You have to divide this number by 3 since each 485 app generates 3 receipt numbers This number also includes i485, I140 receipts of ROW applicants, so lets take 10% out of the final number, so the total 485 apps filed by I&C in TSC between Nov & Feb comes down to 31.5k. I am guessing only NSC is the other SC that processes 485 and then on top of it you also have to add CP cases. So guys I have no clue why some people are predicting that 2008 will be cleared in FY 2012. The data does not support it or I am doing a terrible mistake here with my assumptions. If anyone who filed in the first week of OCtober can recalcukate the total apps filed based on Nov 3rd receipt # that wud be gr8.

[qesehmk]

sai - inspite of nein nein nein - you got a yes!! Congratulations my friend. All the best & keep in touch!!


Hello friends and Guru's

It is my turn to Say I am greened today at 3.00 PM.
..
Special thanks to Q,Spec,teddy,nishanth,veni ,kamini and other all gurus ...:D:D:D:D

Hope every body will get the card soon.

Thanks
Sai

[qesehmk]

Very good Sujan. This is value add info. Keep it up.
I am newbie and I was wondering if you guys used 485 Receipt numbers and USCIS online status tool to check how many applications were filed since a specific date and compare it with PERM data to calculate DD. Using my receipt number and going back in time I was able to figure out that close to 105k applications were filed between Nov, 2011 and Feb, 2012 in TSC (since I tried receipt #s that start with SRC, Nov 3 receipt # SRC1290035###). You have to divide this number by 3 since each 485 app generates 3 receipt numbers This number also includes i485, I140 receipts of ROW applicants, so lets take 10% out of the final number, so the total 485 apps filed by I&C in TSC between Nov & Feb comes down to 31.5k. I am guessing only NSC is the other SC that processes 485 and then on top of it you also have to add CP cases. So guys I have no clue why some people are predicting that 2008 will be cleared in FY 2012. The data does not support it or I am doing a terrible mistake here with my assumptions. If anyone who filed in the first week of OCtober can recalcukate the total apps filed based on Nov 3rd receipt # that wud be gr8.

[sujan_vatrapu]

looks like I made a rookie mistake, the 485s can also be from FB but I have no clue how big of a chunk it is in the overall data, but from the quote "I-485 EB receipts now representing 50%-60% of total receipts" from this blog post "http://us-non-immigrants.blogspot.com/2012/02/adjusted-eb2-india-china-fy-2012.html", looks like 485 receipts @TSC can be between (52.5 - 63k)/3 >> 17 - 21k

[mesan123]

Good analysis....But doubt, will not EB1 also be deducted from the over all count?


looks like I made a rookie mistake, the 485s can also be from FB but I have no clue how big of a chunk it is in the overall data, but from the quote "I-485 EB receipts now representing 50%-60% of total receipts" from this blog post "http://us-non-immigrants.blogspot.com/2012/02/adjusted-eb2-india-china-fy-2012.html", looks like 485 receipts @TSC can be between 52.5 - 63k

[suninphx]

Hello friends and Guru's

It is my turn to Say I am greened today at 3.00 PM.

after 8 years in the US and gone throw lot of immigration pain and finally i got card production emails for me and my wife.

Please find my Details

TSC
PD : 09/26/2008
RD : 01/04/2012
ND : 01/05/2012
FP : 02/22
CPO : 03/17

Special thanks to Q,Spec,teddy,nishanth,veni ,kamini and other all gurus ...:D:D:D

Hope every body will get the card soon.

Thanks
Sai

Sai, congratulations to you and your family.

After looking at PDs getting approvals wondering if CO meant that dates will retro to Aug 08(and not Aug 07) :D

[qesehmk]

I may be wrong but my understanding is that most (~90%) of FB applications are filed as CP rather than 485. Secondly, only TSC handles FB 485s.

[veni001]

Hello friends and Guru's

It is my turn to Say I am greened today at 3.00 PM.

after 8 years in the US and gone throw lot of immigration pain and finally i got card production emails for me and my wife.

Please find my Details

TSC
PD : 09/26/2008
RD : 01/04/2012
ND : 01/05/2012
FP : 02/22
CPO : 03/17

Special thanks to Q,Spec,teddy,nishanth,veni ,kamini and other all gurus ...:D:D:D:D

Hope every body will get the card soon.

Thanks
Sai

Sai,
Congratulations to you and your family.

[veni001]

I am newbie and I was wondering if you guys used 485 Receipt numbers and USCIS online status tool to check how many applications were filed since a specific date and compare it with PERM data to calculate DD. Using my receipt number and going back in time I was able to figure out that close to 105k applications were filed between Nov, 2011 and Feb, 2012 in TSC (since I tried receipt #s that start with SRC, Nov 3 receipt # SRC1290035###). You have to divide this number by 3 since each 485 app generates 3 receipt numbers This number also includes i485, I140 receipts of ROW applicants, so lets take 10% out of the final number, so the total 485 apps filed by I&C in TSC between Nov & Feb comes down to 31.5k. I am guessing only NSC is the other SC that processes 485 and then on top of it you also have to add CP cases. So guys I have no clue why some people are predicting that 2008 will be cleared in FY 2012. The data does not support it or I am doing a terrible mistake here with my assumptions. If anyone who filed in the first week of OCtober can recalcukate the total apps filed based on Nov 3rd receipt # that wud be gr8.

sujan_vatrapu,

Receipt number can be for any Form. EB485's are filed at NSC or TSC, you can find 485 receipts data from USCIS dashboard (http://dashboard.uscis.gov/index.cfm?formtype=9&office=4&charttype=1), data is always 2-3 months behind.

You can check AOS vs CP ratios under FACTS AND DATA (http://www.qesehmk.org/forums/showthread.php?56-i140-to-i1485-Ratios-%28From-DHS-Year-Books-of-Statistics%29) section.

[soggadu]

guys gals and gurus... please do let me know your comments on this link

http://www.qesehmk.org/forums/showthread.php?661-Post-Green-Card-Approval&p=25083#post25083

[Kanmani]

Congratulations! Sai999, enjoy!

[venky2010]

Yes, I am getting more than prevailing wage. In my new job (direct employment), my base salary will be raised by about 35% than mentioned prevailing wage. Will it cause issue?

How about the Prevailing wage ? Are you getting more than what was mentioned in your perm ?

Gurus ,

Is that Okay If one gets lower than the amount specified in perm ?

[venky2010]

Thanks a lot vizcard, Kanmani, asankaran, Q, GC-Utopic, eb2visa, srinidhi. It looks like my best bet will be to wait 180 days.
I shall update you after I talk to a attorney.

[happyme]

Hello Gurus,

Need a quick advice.
I got the GC last week.

I have been offer a promotion of "System Engineering Manager" from the current job of "Senior Systems Engineer" in the same group.
The job duties are exactly the same and additional job duties shall include ppl reporting to me.

Can I accept this promotion right away or I have to wait for sometime?

Thanks in advance for your inputs.

[qesehmk]

Are you kidding me happyme!! Go get it.
Double Congratulations :)


Hello Gurus,

Need a quick advice.
I got the GC last week.

I have been offer a promotion of "System Engineering Manager" from the current job of "Senior Systems Engineer" in the same group.
The job duties are exactly the same and additional job duties shall include ppl reporting to me.

Can I accept this promotion right away or I have to wait for sometime?

Thanks in advance for your inputs.

[imdeng]

This is one of the no-brainers! Congratulations on your promotion - go after it. In fact, you should take it regardless of your GC situation.

Hello Gurus,

Need a quick advice.
I got the GC last week.

I have been offer a promotion of "System Engineering Manager" from the current job of "Senior Systems Engineer" in the same group.
The job duties are exactly the same and additional job duties shall include ppl reporting to me.

Can I accept this promotion right away or I have to wait for sometime?

Thanks in advance for your inputs.

[reachme_s]

Congratulations sai999!! Enjoy the freedom!

[cm9201]

I got greened, got CPO mail on 17/03/2012 but dependent not approved yet..
PD 05/08/2008
ND 01/13/2012
AP/EAD: 03/01/12
485CPO: 03/17/12
waiting for dependents approval.

[dreamer]

Congratulation sai999 and cm9201!! Enjoy your freedom !!

cm9201, Just curious, what's your service center TSC or NSC?

[cm9201]

Thank you dreamer, mine is TSC, I have it on trackitt

[mesan123]

Congratulations ...


I got greened, got CPO mail on 17/03/2012 but dependent not approved yet..
PD 05/08/2008
ND 01/13/2012
AP/EAD: 03/01/12
485CPO: 03/17/12
waiting for dependents approval.

[geevikram]

geevikram,

I am in your shoes back in July 2007, decided not file upon consulting attorney.

Thanks Veni, that's what I'm going to do too. May have to wait another 4 months (oct bulletin), but I think it is completely worth the hassle. I've H1 until Jul 2013 anyway.(hopefully, don't have to use all the time)

[Spectator]

I've posted some thoughts about the remainder of the FY on the first page.

[vizcard]

I've posted some thoughts about the remainder of the FY on the first page.

you make very reasonable points and assumptions. I think 2008 PDs should plan on a spring-summer 2013 GC time frame .. unless u are lucky enough to get in before May 1. 2009 PDs will most likely be FY 2014. Is this fair ?

what i wonder about is whether or not USCIS and DOS have a real handle on the numbers .. in real time. Considering reports come out on much later than what the data represents, I wonder if its just a reporting delay or if they really have to grind through numbers to get reasonable reporting data.

[letmesee]

Hi,

Need help on getting police clearance certificate. I went for my h1b renewal 4 weeks back. The visa officer asked me about a past false dowry related case of my brother which was quashed by the high court 2 yrs back. The officer said he would need to do further back ground check and get back to me pretty soon. I did not receive any letter/case number from the consulate. I was wondering if I can get a PCC and email it to the consulate as further proof that there is no pending charge against my name. I would appreciate any info regarding the same. I'm still waiting for a response from the VO.

[vgraj1]

Next 1 year focus is Spill Over & H.R 3012.

1> for doing reasonable estimate of EB2 I & C recent filing we need to wait till next inventory report.

2> spill over left for FY 2012 is
....................
In this 20K might have consumed ( pre July 2007 cases, porting + post July 2007).

with early spill over VO is seeing demand & supply is meeting for rest of the year in categories EB1 & EB2 ROW. 20K spill over happened in 1st Half year but another 10K available for 2nd half year so VO want to wait till last Quarter & reduce expectation. with 10K VARIABLE they can't approve cases from 2007 to 2010 he has to bring order. where we end by Oct 1st 2012 depends on number of filling for 2008 mostly likely some where in 2008 probability of getting in to 2009 is less

Good work Srividya, so, what is the expectation in FY 2013?

[Spectator]

you make very reasonable points and assumptions. I think 2008 PDs should plan on a spring-summer 2013 GC time frame .. unless u are lucky enough to get in before May 1. 2009 PDs will most likely be FY 2014. Is this fair ?

what i wonder about is whether or not USCIS and DOS have a real handle on the numbers .. in real time. Considering reports come out on much later than what the data represents, I wonder if its just a reporting delay or if they really have to grind through numbers to get reasonable reporting data.vizcard,

Your time scales seem reasonable. Of course it depends on the level of SOFAD available in the future as well. The COD should get back to early 2008 fairly quickly in FY2013. I would hope PD's in 2010 to a little past the current COD would be covered in FY2014 as well, since 2009 was quite a lean year.

I'm sure you are correct about the difficulty in getting good numbers quickly enough. It is hardly USCIS strongest point. They appear to still live in the Stone Age in that respect.

I see people on Trackitt are quite angry and surprised. As I have mentioned before, CO's strategy has allowed the maximum number of people to apply for I-485. With a more controlled movement, the dates would never have reached May 2010.

He probably should have retrogressed earlier, possibly last month when he saw PD in late 2008 being approved. That could have preserved earlier PDs being approved first and he still would have had an option to release the COD a bit later if insufficient cases were approved.

EB1 is an odd one. I can't decide whether CO did it on purpose so he could advance the COD for as long as possible, or he was being fed really bad data from USCIS, which he was forced to believe.

[fedupwithgc]

Hi,

Need help on getting police clearance certificate. I went for my h1b renewal 4 weeks back. The visa officer asked me about a past false dowry related case of my brother which was quashed by the high court 2 yrs back. The officer said he would need to do further back ground check and get back to me pretty soon. I did not receive any letter/case number from the consulate. I was wondering if I can get a PCC and email it to the consulate as further proof that there is no pending charge against my name. I would appreciate any info regarding the same. I'm still waiting for a response from the VO.

Till what stage did your case go ? Was chargesheet filed or NBW issued in your case? If Passport was impounded or Lookout Circular issued previously then consulate may have a record of it about your passport. You can submit the High Court Quash documents to the consulate for speedy approval.

I know of one case where NBW was issued but no LOC or Red Corner Notice issued, the applicant took the fir quash documents from high court to the interview but the consulate didnt ask anything and gave the visa right away.

In your case it looks like the consulate is aware of the situation.

[GC-Utopic]

Some useful info to understand the process of Background check ,,

http://immigrationroad.com/green-card/uscis-security-check.php

http://www.uscis.gov/files/pressrelease/security_checks_42506.pdf

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/national-security-adjudication-reporting-020909.pdf

http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf

[shreyasai2004]

Gurus,

I have one quick question. I don't know this is the right place to post this question.
My employer is asking me to fill out the I-9 form with EAD information.
That means my status will change from H1 to EAD. My H1 is valid until Feb 2014.
Because I don't want to move on EAD but I applied for EAD for if emergencie comes.
Is it ok to fill out the I-9 form with EAD information that means that we are using EAD and status has been changed from H1B to EAD.
And employer is telling that they are not revoking my H1B and when ever I want to come on H1B status I can move.
Please help me regarding this issue.

Thanks in Advance Gurus

Thanks
Shreya

[tackle]

Some useful info to understand the process of Background check ,,

http://immigrationroad.com/green-card/uscis-security-check.php

http://www.uscis.gov/files/pressrelease/security_checks_42506.pdf

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/national-security-adjudication-reporting-020909.pdf

http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf

Thank you for the links. I already knew most of the information from the links by hearsay. But it's good to confirm that from official memos. Thanks.

[suninphx]

With several PD2008 people already approved, the COD post retrogression may not mean much IMO. It would be interesting to watch though if visa approvals for EB2IC dry up starting from April. (That would also mean that there are enough non IC cases are/will be ready to be approved for ~46% visa numbers which are left - which I highly doubt). I hope retrogression will help us to get some reliable data in terms of inventory.

[makmohan]

Friends - question regarding education loan:

My PD is last weel of Apr-2008. I have my EAD/AP cards. This questions assumes that I won't get GC this year which is a fair assumption based on what Gurus have to say on hard data facts.

At what stage will I be able to apply for education loans which are exclusively for permanent residents? Will having EAD card suffice or do I have to wait for my GC cards?

It has been tough to get any good education loan on H1 without a valid co-signer (who will risk being a co-signer in this economy?).

Any input is appreciated.

- Makmohan

[imdeng]

With Apr-2008 PD I think you have a very good shot at getting your GC this FY. Now to your question, EAD/AP is not equivalent to GC as far as Student Loans are concerned. AFAIK, you will have to wait for the actual GC to be issued.

If you are going for a professional degree (e.g. MBA), then the top programs often have a deal with CitiAssit where the school acts as a co-signer and you don't need other co-signers. Worth exploring?

Friends - question regarding education loan:

My PD is last weel of Apr-2008. I have my EAD/AP cards. This questions assumes that I won't get GC this year which is a fair assumption based on what Gurus have to say on hard data facts.

At what stage will I be able to apply for education loans which are exclusively for permanent residents? Will having EAD card suffice or do I have to wait for my GC cards?

It has been tough to get any good education loan on H1 without a valid co-signer (who will risk being a co-signer in this economy?).

Any input is appreciated.

- Makmohan

[makmohan]

With Apr-2008 PD I think you have a very good shot at getting your GC this FY. Now to your question, EAD/AP is not equivalent to GC as far as Student Loans are concerned. AFAIK, you will have to wait for the actual GC to be issued.

If you are going for a professional degree (e.g. MBA), then the top programs often have a deal with CitiAssit where the school acts as a co-signer and you don't need other co-signers. Worth exploring?

Thanks imdeng. I checked with CitiAssist and they now have a co-signer requirement (not sure; may be due to economy or for my school - top MBA program but not in top 10). Credit is indeed very tight.

Looks like I will have to wait patiently to receive my GC. Hopefully my GC comes before a point where I cannot sustain tuition payments through other means and my savings!

- Makmohan

[mesan123]

VSC 485 processing dates move back from 4 months to August 14, 2011 and for TSC it is June 2, 2011 .... 485 processing times for VSC and TSC published today

https://egov.uscis.gov/cris/processTimesDisplayInit.do

[bookworm]

VSC 485 processing dates move back from 4 months to August 14, 2011 and for TSC it is June 2, 2011 .... 485 processing times for VSC and TSC published today

https://egov.uscis.gov/cris/processTimesDisplayInit.do

What does this data point mean in how it impacts processing of EAD/AP/GC? Does it mean that PD is retrogressing to Apr 15 2007?

[GCKnowHow]

I remember seeing TSC as April 2011 few days back.
Isn't it a a movement forward?

VSC 485 processing dates move back from 4 months to August 14, 2011 and for TSC it is June 2, 2011 .... 485 processing times for VSC and TSC published today

https://egov.uscis.gov/cris/processTimesDisplayInit.do

[mygctracker]

Spec,

I've read your thoughts and completely agree with you. But have a question to you though.

Given the fact that CIS is approving AOS applications with PD's as far as Oct 2008, and DOS to retrogress to as back as Aug 2007, then what exactly does it mean? Would these late 2008 approvals stand out as a CIS mistake, when dates start to move very slowly past Aug 2007?

Like you said, DOS would move dates from Aug 2007 slowly & steadily taking porting, pending, etc cases into consideration. People who weren't lucky to be picked up by CIS, during this fast pace approval mode, would curse CIS for sure.

Thanks for your insight.


I've posted some thoughts about the remainder of the FY on the first page.

[mesan123]

It shows what cases they are processing now....for TSC it moved one month a head for VSC it moved back from 4 months processing time to AUG 2011 applications..... so it means VSC processing time now is around 7 months..


What does this data point mean in how it impacts processing of EAD/AP/GC? Does it mean that PD is retrogressing to Apr 15 2007?

[Spectator]

Spec,

I've read your thoughts and completely agree with you. But have a question to you though.

Given the fact that CIS is approving AOS applications with PD's as far as Oct 2008, and DOS to retrogress to as back as Aug 2007, then what exactly does it mean? Would these late 2008 approvals stand out as a CIS mistake, when dates start to move very slowly past Aug 2007?

Like you said, DOS would move dates from Aug 2007 slowly & steadily taking porting, pending, etc cases into consideration. People who weren't lucky to be picked up by CIS, during this fast pace approval mode, would curse CIS for sure.

Thanks for your insight.mygctracker,

I'm not sure it can be said to be a USCIS mistake. Rather it is a result of the Cut Off Dates not retrogressing earlier.

Generally, USCIS appear to have processed cases in VB order. Along the way, they have generated a large number of RFEs, which they then have to wait for a response to.

In the meantime, USCIS have continued to process the applications and eventually started on the January VB filers.

With the Cut Off Dates still meaning everybody was Current, any Jan VB cases that were adjudicated and found approvable had to be approved. To do anything else would have been unlawful if the visa request was granted. Clearly, the VO are still giving out visas for these dates.

Had the COD retrogressed earlier, then those cases could not have been approved and would have started to increase the Demand Data totals.

I think it was very difficult for the Visa Office. USCIS don't have an enviable history for approving cases quickly. I was slightly surprised the Cut Off Dates did not retrogress somewhat in the April VB.

Now we are left with all of April with the COD still at May 2010.

The VO do have the option of stopping allocation of visas to EB2-IC, if they think there are no more numbers available.

I am aware that my conclusions are based on certain assumptions, which might be proved incorrect. I've tried to figure the numbers using different approaches and reached the same conclusion. I actually hope I am wrong.

Even so, a "spillover season" consisting of the first 6 months, rather than the last 3 months is still an improvement. In terms of building an inventory and allowing as many people as possible to file their I485, the VO have done a very good job, even if people don't appreciate that fact at the moment..

My take anyway.

[vizcard]

Spec,

I've read your thoughts and completely agree with you. But have a question to you though.

Given the fact that CIS is approving AOS applications with PD's as far as Oct 2008, and DOS to retrogress to as back as Aug 2007, then what exactly does it mean? Would these late 2008 approvals stand out as a CIS mistake, when dates start to move very slowly past Aug 2007?

Like you said, DOS would move dates from Aug 2007 slowly & steadily taking porting, pending, etc cases into consideration. People who weren't lucky to be picked up by CIS, during this fast pace approval mode, would curse CIS for sure.

Thanks for your insight.

It doesn't mean anything. By rule, one can be approved as long as one is current. So the USCIS is fully justified in approving cases that are current regardless of PD (looks like RD is the critical date more than PD). Retrogessing is a mechanism that CO is using to not only control usage of visa numbers but also to give GCs to the earliest PDs.

I think people should be thankful that they got to apply for EAD rather than focus on missing out on GC.

[immi2910]

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

Thanks for the link but I think the situation is slightly different.

However, if I-140 is cancelled as may happen with OP then I believe you cannot use it to file I-485 (since you need a valid I-140 to file I-485).

EDIT: My understanding is based on this news report from Murthy - http://www.murthy.com/mb_pdf/102111_P.html. I may not have understood it correctly. However, they do say it is safer to file PERM and I-140 if you change jobs (you do retain your I-140 PD).

EDIT2: This (http://www.murthy.com/mb_pdf/120911_P.html) news report says it is not possible to apply for I-485 but then AC21 was not invoked in this example.

I think it is safer to just file for PERM and new I140.

[bookworm]

It shows what cases they are processing now....for TSC it moved one month a head for VSC it moved back from 4 months processing time to AUG 2011 applications..... so it means VSC processing time now is around 7 months..

Thanks Mesan

[mygctracker]

mygctracker,

I'm not sure it can be said to be a USCIS mistake. Rather it is a result of the Cut Off Dates not retrogressing earlier.

Generally, USCIS appear to have processed cases in VB order. Along the way, they have generated a large number of RFEs, which they then have to wait for a response to.

In the meantime, USCIS have continued to process the applications and eventually started on the January VB filers.

With the Cut Off Dates still meaning everybody was Current, any Jan VB cases that were adjudicated and found approvable had to be approved. To do anything else would have been unlawful if the visa request was granted. Clearly, the VO are still giving out visas for these dates.

Had the COD retrogressed earlier, then those cases could not have been approved and would have started to increase the Demand Data totals.

I think it was very difficult for the Visa Office. USCIS don't have an enviable history for approving cases quickly. I was slightly surprised the Cut Off Dates did not retrogress somewhat in the April VB.

Now we are left with all of April with the COD still at May 2010.

The VO do have the option of stopping allocation of visas to EB2-IC, if they think there are no more numbers available.

I am aware that my conclusions are based on certain assumptions, which might be proved incorrect. I've tried to figure the numbers using different approaches and reached the same conclusion. I actually hope I am wrong.

Even so, a "spillover season" consisting of the first 6 months, rather than the last 3 months is still an improvement. In terms of building an inventory and allowing as many people as possible to file their I485, the VO have done a very good job, even if people don't appreciate that fact at the moment..

My take anyway.

Spec,

Agree. One of my friend with PD 2010 got lucky and has been able to file AOS, he's lucky because his son is turning 21 next year. I'm sure there are many such cases, and hence CO has done a commendable job by finding some way thru this murky system.

Visa consumption may have reached CO's expected levels already, but I strongly doubt if he wants to make May bulletin effective in April itself. And anyways, what's the need. If thru April month, CIS requests for excessive visa numbers for approvable cases, then he might say 'Nay' and report them on DD. Isn't it?

On the other hand, CIS CSR's might have busy time with Jan filers calling in to open SR's though.

Thanks

[self.coach]

Just curious: What does "LUD" mean?

[vizcard]

Just curious: What does "LUD" mean?

Last Updated Date

[soggadu]

http://immigrationroad.com/blog/potential-visa-retrogression-stirs-protest-against-eb1c/

petition against EB1 C???
Wow...where is all this leading to?

do you think Eb2 i/c going to gain anything out of this ???

[yzzozzy]

Now that EB2IC is going to be retrogressed to August 2007 in next month or so, what happens to the folks (like me) who have received the fee notices from NVC? The fees are valid only for one year and there is no hope for my PD (June 2011) to be current in that time frame. I haven't paid the fees yet but just checking what my options are. Thanks!

[Jonty Rhodes]

This is what Ron posted on his forum. I haven't read the document but thought it may be of some help in understanding USCIS processing times so posting it here.

The following exchange comes from the USCIS Service Center Operations Directorate (SCOPS) and American Immigration Lawyers Association (AILA) Meeting, November 30, 2011:

3. Processing Times

AILA members continue to have a number of questions regarding actual versus posted processing times and the appropriate procedures to make inquiries with the National Customer Service Center (NCSC) if a case appears to be beyond processing times. Would SCOPS please advise respecting the relationship between current posted processing times and actual processing times since actual times in several categories (I-129 and I-824 for example) appear to be longer than posted times even when one accounts for the 45 day lag between gathering and posting the data.

USCIS Response: USCIS strives to complete cases on the “first in – first out” business practice. There are many cases that are completed out of sequence due to issues such as requests for further information from the applicant. The processing time calculation assumes the first in – first out method, therefore even though the calculations may indicate the Service is processing all cases within established processing time goals, there may be some cases that seem to be processed outside the time limit due to the fact that those cases have been put into active suspense. The processing time calculation is based on the volume of “active” pending cases as represented by the number of weeks or months of new application receipts recorded. Active pending cases are those cases that are available for processing, as opposed to active suspense cases that are waiting for applicants to accomplish a step in the process such as biometric appointments or providing evidence. USCIS currently calculates its processing times using active pending case volumes. An example of the process used to calculate processing times is as follows: if the active pending was at 200 cases for the reporting month, and for the past four months the receipts were exactly 50 cases each month, the processing time would be calculated as four months.

The processing times are calculated from final statistics compiled during the prior month. Based upon the methods currently used to collect performance data, USCIS requires 30 days to conduct quality control audits and to make corrections before final data can be published. Another 15 days is needed to post the processing times on the web. USCIS publishes its official statistics only after all data is reconciled. At the conclusion of each reporting month, performance statistics are sent to the Office of Performance and Quality (OPQ) in headquarters where the data is compiled and reconciled. Most often the OPQ, Performance Management team will complete the reconciliation by the end of the month. As an example, the reconciliation for the month of January 2011 was completed on the 28th day of February 2011. At that time, processing times are calculated and sent to the field offices for their review and acceptance or rebuttal. The offices are instructed to return their findings by the 8th day of the next month to enable OPQ to finalize the processing times and get them posted to the web page by the 15th day of the month - 45 days after the end of the actual performance month.

[Jonty Rhodes]

I Now that EB2IC is going to be retrogressed to August 2007 in next month or so, what happens to the folks (like me) who have received the fee notices from NVC? The fees are valid only for one year and there is no hope for my PD (June 2011) to be current in that time frame. I haven't paid the fees yet but just checking what my options are. Thanks!

I believe if you don't pay fees within a year than your notice will expire and they will probably issue you a new notice. Gurus, please correct me if I am wrong.

[eb2visa]

This topic was discussed already in this forum, could you please browse 5-6 pages back.


I Now that EB2IC is going to be retrogressed to August 2007 in next month or so, what happens to the folks (like me) who have received the fee notices from NVC? The fees are valid only for one year and there is no hope for my PD (June 2011) to be current in that time frame. I haven't paid the fees yet but just checking what my options are. Thanks!

I believe if you don't pay fees within a year than your notice will expire and they will probably issue you a new notice. Gurus, please correct me if I am wrong.

[GC-Utopic]

Technically No but if they chose to, then they can find out from SSA/IRS.

occasionally USCIS asks for tax returns if there is a large gap between RD and Approval

[soggadu]

did you guys see this data...

http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/all-form-types-performance-data-2012-qtr1.pdf

[vizcard]

did you guys see this data...

http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/all-form-types-performance-data-2012-qtr1.pdf

Nishant and/or Spec had posted this previously. We can expect a similar number in Q2 as well.

[billikoot]

Folks, Gurus,

Have you encountered this issue before? - there seems to be absolutely no movement / progress from NSC on FP appointments, EAD / AP Approvals for Feb filers. In your experience do you think CO's statement about "regression" has put the breaks on all good work being done or is this typical NSC work timeology?

I also thought I saw Q suggest that once you are eligible to apply for I-485 that your young'uns cannot be "aged out" of GC if there is a delay in processing - am I reading it right? For example son is 19 and we have applied for AOS. But in all probability we may still be hanging w/o GC in the next 2 years - but he is still elligible for GC because of when we applied?

Thank you for all your good work.

[gc2008]

Hello Gurus,
I called L2 officer at USCIS today as I was becoming restless. Unfortunately nothing I got from the call. Now I started worrying if it is going to have any bad effect on my 485 processing. Will this effect my 485 processing?

Thanks

[self.coach]

Hello Gurus,
I called L2 officer at USCIS today as I was becoming restless. Unfortunately nothing I got from the call. Now I started worrying if it is going to have any bad effect on my 485 processing. Will this effect my 485 processing?

Thanks

Just for calling about your own case? No. Relax, have a beer.

[Spectator]

Folks, Gurus,

I also thought I saw Q suggest that once you are eligible to apply for I-485 that your young'uns cannot be "aged out" of GC if there is a delay in processing - am I reading it right? For example son is 19 and we have applied for AOS. But in all probability we may still be hanging w/o GC in the next 2 years - but he is still elligible for GC because of when we applied?

Thank you for all your good work.billikoot,

Yes, that is correct.

The filing of an I-485 for the child freezes the CSPA age to the age at date of receipt.

The CSPA Age is the actual age when the dates became Current minus the time it took for the I-140 to be approved.

If you're interested, this CSPA Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/cspa_30apr08.pdf) is good reading. The section of interest is entitled "Adjustment Under a Preference Category".

[srimurthy]

The numbers from Q1 show only 4000 pending 485 applicaitons ---
4th Quarter Total
Receipts Approvals
I-485 Employment Adjustment 35,445 31,541

That involves all categories. And is this in line with what approvals we got and adding to that the application receipts in Q2, can that number give a projection on the final date resting by 2012 end..
Do these numbers also include dependents in Employment Category or just primaries. There is another form, Family Adjustments and does that include dependents or only family based GC applications?


did you guys see this data...

http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/all-form-types-performance-data-2012-qtr1.pdf

[suninphx]

The numbers from Q1 show only 4000 pending 485 applicaitons ---
4th Quarter Total
Receipts Approvals
I-485 Employment Adjustment 35,445 31,541

That involves all categories. And is this in line with what approvals we got and adding to that the application receipts in Q2, can that number give a projection on the final date resting by 2012 end..
Do these numbers also include dependents in Employment Category or just primaries. There is another form, Family Adjustments and does that include dependents or only family based GC applications?

I think we have to add cases carried forward from previous FY.

[yesman]

I haven't seen many approvals in the past couple of days. I just follow posts in this forum which is a very small sample space but still. Anyone else feeling this?

[self.coach]

I searched on Trackitt - none of the filers in past three months and with Priority Date in 2009 have recieved the GC yet. All i485 approvals were for applicants with 2008 PD. Does this hint that they will give GCs to applicants with PD before Dec 2008 only, and retrogression would apply to 2009 and beyond. What say?

[GCKnowHow]

I think they are processing jan filers (PD 01JAN09), Its too early for Feb filers.

I searched on Trackitt - none of the filers in past three months and with Priority Date in 2009 have recieved the GC yet. All i485 approvals were for applicants with 2008 PD. Does this hint that they will give GCs to applicants with PD before Dec 2008 only, and retrogression would apply to 2009 and beyond. What say?

[soggadu]

Nishant and/or Spec had posted this previously. We can expect a similar number in Q2 as well.

vizz... i think the number in Q2 is going to be atleast 2 times more than 35445 mentioned in the document... remember there was only 10 months movement in first Q1 and 26 months movement in Q2...

[vizcard]

vizz... i think the number in Q2 is going to be atleast 2 times more than 35445 mentioned in the document... remember there was only 10 months movement in first Q1 and 26 months movement in Q2...

True but the USCIS didn't become 2.5 times more efficient. Plus there's the 50-54% cap...assuming they were staying legal.

Edit: I'm talking approvals. I realize you were talking about receipts. We are on the same page now.

[usernameisnotvalid]

I was reading SSN instruction form today and it says:

"If you are not authorized to work in the US , we can issue you a SS card only if you need the number for a valid not-work reason. Your card will be marked to show you cannot work and if you do work, we will notify DHS."





100% true.

From a practical standpoint though, how does the USCIS know that someone has used EAD for employment ?

(This question is purely for my educational purposes. NOTE TO OTHER POSTERS - DO NOT consider this as an option to "bend" the rules).

[vizcard]

I was reading SSN instruction form today and it says:

"If you are not authorized to work in the US , we can issue you a SS card only if you need the number for a valid not-work reason. Your card will be marked to show you cannot work and if you do work, we will notify DHS."

How would the SSA know?

[npulasat]

FYI....

I know this is not appropriate section to post this but for all my friends who are either approved or in the process of GC.

Last week USCIS official visited my friend office and asked the basic details of his employment, title and paystubs. My friend received his GC couple of months back.

On other surprising note, another friend applied 485 in the month of Jan, and his EAD is denied because his pay mentioned in the labor certification did not match with his current paycheck.

Not to discourage anyone but to share the info with all of you...

[qesehmk]

Friends,

Please check out the announcement about launch of a new service at http://www.qesehmk.org/forums/showthread.php?730-Launch-of-a-New-Self-Service-GC-Forecasting-Tool-at-WWW.WHEREISMYGC.COM&p=25372#post25372

If there are any comments please make them on that thread in the interest of people who may not be interested in such tool.

Best Regards
Q

[mesan123]

Q, COngratulations on the website....can you please reply my queries on that page.....

[bee369]

Many regulars here hv a pretty good understanding of this, but I am just clearing it for you,

If you are moving to a similar job with an approved I-140 after 180 days of filing I-485, you are delinked from your original I140, it doesnt matter if your previous employer revokes it, thats why you report the job change to USCIS.

What you say does not serve justice to the congress's intent of passing I-140 AC 21 portability by giving equal opportunity as a CP green card where you can switch jobs after sometime of entering if you need to.

This is what happened to my brother - he applied AC21 after 180 days and changed employer and at the same time after some days he was told that his old employer revoked his I140. He got "notice of intent to denial" instead of RFE because his 140 was revoked, he replied the notice with his new job offer and new EV and he got his GC immediately. This happened this month only.

So even if old employer revokes 140 after u apply AC21 that is fine.
So u don't need to restart GC.

[leo4ever]

npulasat,

Thanks for sharing. When you said his paycheck does not match with LCA, you are talking about paycheck less than LCA, right? Do you want was the exact reason on EAD?


FYI....

I know this is not appropriate section to post this but for all my friends who are either approved or in the process of GC.

Last week USCIS official visited my friend office and asked the basic details of his employment, title and paystubs. My friend received his GC couple of months back.

On other surprising note, another friend applied 485 in the month of Jan, and his EAD is denied because his pay mentioned in the labor certification did not match with his current paycheck.

Not to discourage anyone but to share the info with all of you...

[bookworm]

Interesting article on EB-5 and fraud prevalent therein.

http://www.bloomberg.com/news/2012-03-23/coming-to-america-costs-500-000-with-job-plan-prone-to-failures.html

[Spectator]

Again I found this on Ron Gotcher's site. http://www.immigration-information.com/forums/showthread.php?t=16721&p=69958#post69958


The American Immigration Lawyers Association (AILA) just posted this practice advisory:

Practice Alert: Predictions on EB-2 Priority Date Movement in FY2012 for China-mainland Born and India

Cite as "AILA InfoNet Doc. No. 12032365 (posted Mar. 23, 2012)"



Charlie Oppenheim, Chief, Immigrant Visa Control & Reporting in the State Department, provided AILA with further information on priority date movement in the EB-2 category for China-mainland born and India for the remainder of FY2012. When the May Visa Bulletin is published, the China and India EB-2 cut-off will retrogress to August 15, 2007. Demand is still increasing at a very high rate and must be checked to maintain numbers for natives of other countries. As for projections for the remainder of the year, it is too early to predict movement. USCIS has informed Mr. Oppenheim that they will continue to “preadjudicate” adjustment applications received through April. The “preadjudicated” cases will be held by the State Department in the “pending” demand file. That way, the cases will be ready in October, or earlier, if the current number use pattern changes, and they are needed at the end of this fiscal year to assure utilization of the full employment-based permanent resident visa allocation.

[vishnu]

Thanks Spec - so next movement realistically in October then...

[fedupwithgc]

Thanks a lot for the update.

[rsunchu]

For the EAD or 485 do we require to submit W2 or recent pay stub?

[idiotic]

Thanks Spec - so next movement realistically in October then...

When the movement starts again, how long will it take to surpass May 1 2010 again?

[vishnu]

i'm guessing 2 years for 2010 PDs to get GCs, but they may start taking in 485s earlier...when we see the next pending inventory + demand data etc we'll have a MUCH better idea.

[idiotic]

i'm guessing 2 years for 2010 PDs to get GCs, but they may start taking in 485s earlier...when we see the next pending inventory + demand data etc we'll have a MUCH better idea.

With all the "preadjudicated" cases pending, will it be possible for them to artifically increase dates beyond May 1 2010 to let more people file 485? If so, approximately at which month can such a scenario happen?

[codesmith]

Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest. :)
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.

[Kanmani]

Congratulations! codesmith, enjoy!

[longgcque]

Congrats Codesmith .. enjoy greener life


Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest. :)
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.

[reachme_s]

Congratulations codesmith!!

[murali83]

Gurus,

My guess is all this points to visas getting used up. But what I am unable to comprehend is the approvals that keep coming in. I don't see any decrease in the rate of approvals. If this continues through April too,

1. Is the sofad really not as bad as we think it is.
2. The dates will move ahead much slower after the retrogression since visas are being given to more and more guys who filed in Jan.
3. If both my above points are wrong then approvals should start coming down drastically in the coming days.

Feel free to trash my theories.


Again I found this on Ron Gotcher's site. http://www.immigration-information.com/forums/showthread.php?t=16721&p=69958#post69958

[qesehmk]

Codesmith - congrats! The news is sweeter when arrives on friday!
Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest. :)
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.

[suninphx]

Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest. :)
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.

Congratulations to you and your family! Enjoy!

[imdeng]

Congratulations Codesmith. Wishing you all the best in the post-green life.

Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest. :)
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.

[imdeng]

What they "require" is an EVL. Now, you can provide additional information to support your case - W2s and Tax Returns are good because they provide long term annual data, Pay Stubs are good as they provide more immediate data. However, as far as essential requirement goes - its only EVL (refer the I-485 instructions).

For the EAD or 485 do we require to submit W2 or recent pay stub?

[zenmaster]

Hearty Congratulations CodeSmith !!!
Enjoy the greenery :)

Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest. :)
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.

[Spectator]

Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest. :)
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.Many congratulations!

Just in time by the sounds of it.

[mesan123]

Congratulations..... Enjoy the day....


Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest. :)
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.

[mesan123]

The filling have increased... yesterday in our company...we had conference with ur company lawyer regarding in H1b rejections in India , H1b changes and GC... there he mentioned that all approved 140 from him didnt file for there 485 immediately...and the 140 to 485 ratio was around 60%, the main reason he mentioned was many people were not married and didnt file. but now most of them are filling as soon as the retrogression news started and he stated thatz the case with many other lawyers too ...


Again I found this on Ron Gotcher's site. http://www.immigration-information.com/forums/showthread.php?t=16721&p=69958#post69958

[shekhar_kuruk]

Filing I-485 for Spouse:
I am getting ready to file I-485 for my wife, I am preparing all the required forms. I talked to my lawyer and she told to attach a copy of my I-485 receipt, which I am doing. Do I need to attach a copy of my I-140 approval ? Also do I need to file form I-134? Any help is appreciated. Thanks.

[veni001]

Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest. :)
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.

codesmith,

Congratulations to you and your Family!

[veni001]

Filing I-485 for Spouse:
I am getting ready to file I-485 for my wife, I am preparing all the required forms. I talked to my lawyer and she told to attach a copy of my I-485 receipt, which I am doing. Do I need to attach a copy of my I-140 approval ? Also do I need to file form I-134? Any help is appreciated. Thanks.

shekhar_kuruk,

Yes, include a copy of I-140 approval & EVL submitted with your AOS application.

Also you need I-134 for derivative AOS application.

[shekhar_kuruk]

Thanks Veni. Also reading through the instructions, I need to send it to the Chicago Lockbox address, is that right?

[veni001]

Again I found this on Ron Gotcher's site. http://www.immigration-information.com/forums/showthread.php?t=16721&p=69958#post69958

Thanks Spec,

Looks like the Dave for May is already set to 15AUG2007.

[gc2008]

Gurus,
As retrogression is imminent now. Can we expect some movement (from August 2007) from 2012 October onwards or do they hold movement until last quarter of fiscal year 2013 as they used to do prior to this fiscal year?
Also what is pre adjudication. Is it that all checks are done including immigration officer review and just waiting for Visa number. Or do we still get an RFE when our dates get current?

Also is there any way to know if pre adjudication is done?

[Spectator]

Thanks Veni. Also reading through the instructions, I need to send it to the Chicago Lockbox address, is that right?Not unless you are filing under a Family Based Preference.

For Employment Based, it is either Dallas or Phoenix Lockbox, depending where you live.

The I-485 instructions are here http://www.uscis.gov/files/form/i-485instr.pdf

Take some time to read them carefully. I agree it could be clearer, as it doesn't specifically mention derivatives of EB cases applying at a later date.

[Jonty Rhodes]

Sorry to post something off-topic in this forum. Those who have already obtained Green Cards or are US Citizens may be interested in this new service. Not sure, if people on H1Bs or EAD/AP can qualify for this or not.

http://www.globalentry.gov/index.html

http://www.globalentry.gov/eligibility.html

Please remove the post if not useful.

[vizcard]

Sorry to post something off-topic in this forum. Those who have already obtained Green Cards or are US Citizens may be interested in this new service. Not sure, if people on H1Bs or EAD/AP can qualify for this or not.

http://www.globalentry.gov/index.html

http://www.globalentry.gov/eligibility.html

Please remove the post if not useful.

You have to be a PR or Citizen. Its really worth it if you travel a lot. But otherwise the Citizen / GC lines are shorter anyway.

[shekhar_kuruk]

Not unless you are filing under a Family Based Preference.

For Employment Based, it is either Dallas or Phoenix Lockbox, depending where you live.

The I-485 instructions are here http://www.uscis.gov/files/form/i-485instr.pdf

Take some time to read them carefully. I agree it could be clearer, as it doesn't specifically mention derivatives of EB cases applying at a later date.
Last edited by Spectator; Today at 02:57 PM.

Thanks Spec, I live in Colorado, I will mail it to the Pheonix lock box, the instructions were not very clear, just wanted to be sure.

[vizcard]

Gurus,
As retrogression is imminent now. Can we expect some movement (from August 2007) from 2012 October onwards or do they hold movement until last quarter of fiscal year 2013 as they used to do prior to this fiscal year?
Also what is pre adjudication. Is it that all checks are done including immigration officer review and just waiting for Visa number. Or do we still get an RFE when our dates get current?

Also is there any way to know if pre adjudication is done?

I think there will be movement in the first quarter. Beyond that it's a matter of if CO wants to use QSP or not. My gut feeling is that he will use QSP but be stingy about it.

Pre-adjudication is basically making a decision on your case and not assigning a visa number (because they are not available). If RFEs have to happen, they can happen any time because USCIS will need a "complete packet" before pre-adjudicating. I think the online status will show under "Decision". The CPO stuff happens in "Post-Decision Activity" stage.

[Nishant_imt]

Gurus - I am in a very restricting situation and don't know if asking this question is really optimistic of me. My Pd is 2/13, and I was planning to recapture my previous Pd until the news of retrogression arrived. Now, let's say, I get my Perm approved in 75 days (which I know is wishful thinking looking at the current trends). That puts me around 26th April timeline. I will have only 2 working days left to file concurrent 140 and485. But the perm won't arrive in next 7days. Is it possible to file both without hard copy of perm immediately and then as soon as perm arrives, I can send perm in a separate package? Has anyone done that before?

[qesehmk]

Don't stress out on the second PERM. Ask your company to file 140 and 485 based on first PERM which I assume is still valid.

Move to the second location only on a temporary basis. Then only filing the first PERM based GC willl make sense.

Talk to the lawyer ASAP about this option.

Gurus - I am in a very restricting situation and don't know if asking this question is really optimistic of me. My Pd is 2/13, and I was planning to recapture my previous Pd until the news of retrogression arrived. Now, let's say, I get my Perm approved in 75 days (which I know is wishful thinking looking at the current trends). That puts me around 26th April timeline. I will have only 2 working days left to file concurrent 140 and485. But the perm won't arrive in next 7days. Is it possible to file both without hard copy of perm immediately and then as soon as perm arrives, I can send perm in a separate package? Has anyone done that before?

[Kanmani]

Gurus,
As retrogression is imminent now. Can we expect some movement (from August 2007) from 2012 October onwards or do they hold movement until last quarter of fiscal year 2013 as they used to do prior to this fiscal year?
Also what is pre adjudication. Is it that all checks are done including immigration officer review and just waiting for Visa number. Or do we still get an RFE when our dates get current?Also is there any way to know if pre adjudication is done?

Yes . If the 2007 scenario is repeated (slow movement of PDs after retrogression) , we may get an RFE during the visa number allocation stage too . Some of the 2007 filers got RFE for EVL/reason for address change( reason for living in a completely different state from where the job belongs to )/ AC21 new job proof.

[Nishant_imt]

Thanks for your reply Q. But situation I am in, I can't leave my current position. My company is a primary vendor here. They are making 50dollars an hour on me. If I move to previous location, they will not be making $20. Besides, my employer treats me like a king. They paid me on bench, instructed the lawyer to expedite the second filing, paid for my H1b extn premium processing. I am even on their website for last 2 months as employee of the month. They even agreed to client's request for a contract-to-hire for me. They are no more primary vendors to the client in previous location. And I just hated to work there. I told the manager there that I would rather go back to India then to come work for capital one. Personally, going back isnt an option. So I have to bite the bullet and be amongst PWMB. It's very frustrating.

[qesehmk]

Ok. I misunderstood. I thought that the location belongs to your employer rather than client location.

For Feb 2009 you will have to wait probably another year max for date to become current again. The dates will retro but they will jump back to Q2 2008 come Oct 2012 and then once again resume forward.


Thanks for your reply Q. But situation I am in, I can't leave my current position. My company is a primary vendor here. They are making 50dollars an hour on me. If I move to previous location, they will not be making $20. Besides, my employer treats me like a king. They paid me on bench, instructed the lawyer to expedite the second filing, paid for my H1b extn premium processing. I am even on their website for last 2 months as employee of the month. They even agreed to client's request for a contract-to-hire for me. They are no more primary vendors to the client in previous location. And I just hated to work there. I told the manager there that I would rather go back to India then to come work for capital one. Personally, going back isnt an option. So I have to bite the bullet and be amongst PWMB. It's very frustrating.

[Nishant_imt]

That is refreshing to hear. Thanks again. But can't you put your two cents on original question if I can file I 140 without hard copy of perm immediately and send it a week later?

[qesehmk]

I think it's possible. They will issue an RFE right? Saying that PERM is missing. But you will have made the date. My 2 cents with an uneducated guess - my friend!! Good luck!
That is refreshing to hear. Thanks again. But can't you put your two cents on original question if I can file I 140 without hard copy of perm immediately and send it a week later?

[Nishant_imt]

Alright ;) I will pray for max 75day approval from now on. I guess your uneducated guess is far more valuable to me then my educated facts about gc process.

[Silverlining027]

Gurus,
Thank you very much for providing great info.
I am very confused right now. I wanted to change my employer in December. but then EB2 PD moved to May 2010. my PD is EB2 I 7/6/2010. so I decided to stay with current employer for few more months, with hope that I might get current soon. but with this EB2I retro news has confused me again. My situations is: I have good job options with further growth and I m not very much happy with my current employer. Gurus need yr input on following questions:
Do you guys think my date will become current within year or it might take longer based on all calculations? because I can some how continue with my current employer If I have hope to become current within year otherwise I want to change my job. Gurus please give yr thoughts. I am really stressed and confused. :confused:
Thank you,
AD.

[Spectator]

Gurus,
Thank you very much for providing great info.
I am very confused right now. I wanted to change my employer in December. but then EB2 PD moved to May 2010. my PD is EB2 I 7/6/2010. so I decided to stay with current employer for few more months, with hope that I might get current soon. but with this EB2I retro news has confused me again. My situations is: I have good job options with further growth and I m not very much happy with my current employer. Gurus need yr input on following questions:
Do you guys think my date will become current within year or it might take longer based on all calculations? because I can some how continue with my current employer If I have hope to become current within year otherwise I want to change my job. Gurus please give yr thoughts. I am really stressed and confused. :confused:
Thank you,
AD.Silverlining027,

Don't rely on my advice, but I think it will be over 2 years before the Cut Off Dates reach into 2010 again because there will be a new backlog of pre-adjudicated cases to work through from this movement.

[imdeng]

Q has consistently maintained and I agree that it is a fool's errand to plan your life around GC. My advise would be to take the best job prospect you have open (as long as they will also continue to support you for GC) - it is unlikely that your PD will now be reached this FY. By the time your PD becomes current again, you will be ready to move into it in your new job.

Gurus,
Thank you very much for providing great info.
I am very confused right now. I wanted to change my employer in December. but then EB2 PD moved to May 2010. my PD is EB2 I 7/6/2010. so I decided to stay with current employer for few more months, with hope that I might get current soon. but with this EB2I retro news has confused me again. My situations is: I have good job options with further growth and I m not very much happy with my current employer. Gurus need yr input on following questions:
Do you guys think my date will become current within year or it might take longer based on all calculations? because I can some how continue with my current employer If I have hope to become current within year otherwise I want to change my job. Gurus please give yr thoughts. I am really stressed and confused. :confused:
Thank you,
AD.

[Spectator]

Gurus - I am in a very restricting situation and don't know if asking this question is really optimistic of me. My Pd is 2/13, and I was planning to recapture my previous Pd until the news of retrogression arrived. Now, let's say, I get my Perm approved in 75 days (which I know is wishful thinking looking at the current trends). That puts me around 26th April timeline. I will have only 2 working days left to file concurrent 140 and485. But the perm won't arrive in next 7days. Is it possible to file both without hard copy of perm immediately and then as soon as perm arrives, I can send perm in a separate package? Has anyone done that before?Nishant_imt,

People who never receive their hard copy PERM approval do apply, asking USCIS to obtain a copy from DOL. It probably does delay the process, but that probably won't be a concern, given the time for the dates to become Current again.

The other option which occurs to me is that even if you apply on the basis of your original PERM/I-140, you will have become AC21 portable by the time your I-485 is adjudicated. Working at the original location wouldn't be necessary. I don't know the legality of that approach and your Employer would have to play ball.

Best to discuss it with your attorney. I totally understand your wish not to miss the boat.

Good luck.

PS I think from anecdotal evidence, many people did exactly what you are thinking of doing in August 2007, before the last filing date on August 17, 2007.

[gc2008]

I lost my hope now. I am jan filer with pd in December 2008.
Do I have any chance in 2013? If so when can it be? The reason why I am asking is my H1B due again in 2013 and I want to stay on H1B and don't want to switch to EAD.

I hope not to go thru this H1B extension nightmare process again.
Almost every year I have been under going this process with lot of mental stress. I had hope of getting my gc in near future, but I lost that hope now.

[suninphx]

Gurus,
Thank you very much for providing great info.
I am very confused right now. I wanted to change my employer in December. but then EB2 PD moved to May 2010. my PD is EB2 I 7/6/2010. so I decided to stay with current employer for few more months, with hope that I might get current soon. but with this EB2I retro news has confused me again. My situations is: I have good job options with further growth and I m not very much happy with my current employer. Gurus need yr input on following questions:
Do you guys think my date will become current within year or it might take longer based on all calculations? because I can some how continue with my current employer If I have hope to become current within year otherwise I want to change my job. Gurus please give yr thoughts. I am really stressed and confused. :confused:
Thank you,
AD.
I am no Guru but here are my 2 cents:
If new employer is ready to start your GC process soon after you you join them there is high chance that you will complete till I140 stage with your new process before your PD becomes current. So check that out.

[vizcard]

I lost my hope now. I am jan filer with pd in December 2008.
Do I have any chance in 2013? If so when can it be? The reason why I am asking is my H1B due again in 2013 and I want to stay on H1B and don't want to switch to EAD.

I hope not to go thru this H1B extension nightmare process again.
Almost every year I have been under going this process with lot of mental stress. I had hope of getting my gc in near future, but I lost that hope now.

Whats the reason for not wanting EAD ?

[gc2008]

As I mentioned in one of my earlier posts that my attorney warned against using EAD.
As per him In case of denial, person will be out of status right the moment of the denial. Applying for MTR is like nightmare in case of out of status. He said though my application is straight forward and doesnot see any reason for denial but sometimes USCIS deny in error. Hence I am little skeptical in using EAD

[vizcard]

As I mentioned in one of my earlier posts that my attorney warned against using EAD.
As per him In case of denial, person will be out of status right the moment of the denial. Applying for MTR is like nightmare in case of out of status. He said though my application is straight forward and doesnot see any reason for denial but sometimes USCIS deny in error. Hence I am little skeptical in using EAD

Given what you posted, I'm assuming the reason you applied for EAD in the first place was so that your wife could work?

I would say three things:
1. It's next to impossible July 2010 is going to be current in the next year (unless HR3012 goes through).
2. You need to have your new company apply for Perm right away (or atleast in the next 6 months). You need an approved Perm before you become current.
3. Don't live in fear. Your scenario could happen to anyone of the thousands and thousands of people applying.

[gc2008]

Hi vizcard
I think u miss understood my question or answered to somebody else's question.
My pd is in dec2008 and not July 2010. I am not planning to change employer. I already have my EAD.

[Nishant_imt]

thanks spec. its a good idea. i have written to my attorney. she will come back to me on Monday. i hope its a risk worth taking. only concern i have with this approach is exactly at what time do they check where an applicant is. if they do it right at the time of receiving the application or during granting the EAD , then this may not work. otherwise, i will be obliged of spec for this lifetime.

[vizcard]

Hi vizcard
I think u miss understood my question or answered to somebody else's question.
My pd is in dec2008 and not July 2010. I am not planning to change employer. I already have my EAD.

My apologies. I did get confused with the dates. I do think dec 2008 will be current in FY 2013 but late.

[Spectator]

Gurus - I am in a very restricting situation and don't know if asking this question is really optimistic of me. My Pd is 2/13, and I was planning to recapture my previous Pd until the news of retrogression arrived. Now, let's say, I get my Perm approved in 75 days (which I know is wishful thinking looking at the current trends). That puts me around 26th April timeline. I will have only 2 working days left to file concurrent 140 and485. But the perm won't arrive in next 7days. Is it possible to file both without hard copy of perm immediately and then as soon as perm arrives, I can send perm in a separate package? Has anyone done that before?Nishant_imt,

I see from a good reply on Trackitt that concurrent filing without the original LC is not possible. That's very unfortunate.

http://www.foreignlaborcert.doleta.gov/pdf/perm_faqs_3-20-06.pdf

I'm sure you have already seen it, but I post for others benefit.

[gc4a_k]

saw this in trackitt posted by user ajitnair2002

"I was told by my lawyer that there is a fair chance that all those with PD upto mid 2009 should get their GC by Sep. The EB1 spillover for EB2 is still pending and that will come into play from Jul - Sep quarter. So there could be additional 5-8K Visa numbers available and based on the current filing at the end of Feb, That should to take care of PD till 2009 year end. However now since the retrogression is announced , applicants will speed up filing in April, that can take away some of the late 2009 PD cases.
USCIS retrogression is to take an account the pending 485 inventory at the end of April so that they can calculate the available numbers from EB1 spill over"

Guru's, wanted to know if this is possible.

[Spectator]

saw this in trackitt posted by user ajitnair2002

"I was told by my lawyer that there is a fair chance that all those with PD upto mid 2009 should get their GC by Sep. The EB1 spillover for EB2 is still pending and that will come into play from Jul - Sep quarter. So there could be additional 5-8K Visa numbers available and based on the current filing at the end of Feb, That should to take care of PD till 2009 year end. However now since the retrogression is announced , applicants will speed up filing in April, that can take away some of the late 2009 PD cases.
USCIS retrogression is to take an account the pending 485 inventory at the end of April so that they can calculate the available numbers from EB1 spill over"

Guru's, wanted to know if this is possible.gc4a_k,

I would agree that not all hope is lost for EB1 to contribute a few thousand visas and that, if there are any available, they won't be released until Q4.

That it will take care of PD till 2009 end? - not a chance. At best, the numbers the person is talking about would move the date to mid 2008.

A movement to mid 2009 would need something in the order of 30k visas.

[gc4a_k]

Thanks a lot Spec.

[just_curious]

All these while I have been reading in this forum from most of the guru's that there was a good possibility of dates getting moved sometime to June 2011 (people who have got NVC notices) sometime in the the next fiscal year. Now that retrogression is announced, people are very skeptical about the dates movement to even 2010....

Could you please shed some light on what am I missing here?

[usernameisnotvalid]

Some of my co-workers are getting EAD/AP valid for 2 years and some for 1 year only. On what basis they decide to do this. Any correlation with PD here?

[mesan123]

Just_Curios,

None of our gurus predicted that the dates will move to June 2011....they were from the begining telling based on the date moments to 2009 and 2010 that at some point it may retrogress.... it was cleared that NVC reciept once fees paid will not be expired....for better understanding you can go few pages before and read in detail....(Just trying to answer your question )

At this point dates wont move...based on CO's statement it will retrogress to Aug 15th 2007....from that point the dates will start moving based on the inventory........the dates moved till now also just because ( my thinking) that CO wanted not to waste visa's and also USCIS processing is always and never was in streamline and there inventory updations( i meant 485 applictaions) was also not 100% correct......

so date movements from now on cannot be predicted untill we get 485 inventory updation from USCIS...as thatz when GURUS can calculate based on the inventory....



All these while I have been reading in this forum from most of the guru's that there was a good possibility of dates getting moved sometime to June 2011 (people who have got NVC notices) sometime in the the next fiscal year. Now that retrogression is announced, people are very skeptical about the dates movement to even 2010....

Could you please shed some light on what am I missing here?

[belmontboy]

All these while I have been reading in this forum from most of the guru's that there was a good possibility of dates getting moved sometime to June 2011 (people who have got NVC notices) sometime in the the next fiscal year. Now that retrogression is announced, people are very skeptical about the dates movement to even 2010....

Could you please shed some light on what am I missing here?

That's why it's called PREDICTION

[just_curious]

Just_Curios,

None of our gurus predicted that the dates will move to June 2011....they were from the begining telling based on the date moments to 2009 and 2010 that at some point it may retrogress.... it was cleared that NVC reciept once fees paid will not be expired....for better understanding you can go few pages before and read in detail....(Just trying to answer your question )

At this point dates wont move...based on CO's statement it will retrogress to Aug 15th 2007....from that point the dates will start moving based on the inventory........the dates moved till now also just because ( my thinking) that CO wanted not to waste visa's and also USCIS processing is always and never was in streamline and there inventory updations( i meant 485 applictaions) was also not 100% correct......

so date movements from now on cannot be predicted untill we get 485 inventory updation from USCIS...as thatz when GURUS can calculate based on the inventory....



Sorry, my ignorance... Thanks for the explanation, Mesan.....!!!!

[pdfeb09]

All these while I have been reading in this forum from most of the guru's that there was a good possibility of dates getting moved sometime to June 2011 (people who have got NVC notices) sometime in the the next fiscal year. Now that retrogression is announced, people are very skeptical about the dates movement to even 2010....

Could you please shed some light on what am I missing here?

just_curious,

I do not think any of the "Gurus" ever said that the dates will get to June 2011 in the next fiscal year. It is very hard to say that. Most of the Gurus have maintained that the current movement of dates is really beyond what the available visa numbers can sustain.

The general consensus has been that the dates will retrogress from their current COD "May 2010", and settle somewhere around Q1 2008 this fiscal year. Then it will probably take them 2 years to get to May 2010 again.

There have been talks about NVC fee notices and a great deal of anticipation based on that, however, the only way the dates would go into June 2011 are due to following factors:

1. USCIS is really really really slow in processing the existing applications, thereby causing DOS to advance the dates to get more CP cases and use the Visas. This case is doubtful since USCIS has shown great improvement in the processing speed. Once the dates go back, as they are slated to, USCIS has a great amount of time to process them anyways. I think Spectator (Spec), one of the well acclaimed Gurus, can help us with real numbers.

2. There is a huge demand destruction. Meaning, many people who have their labor and 140 approved, have abandoned their quest for I485 owing to job related difficulties or otherwise. Very doubtful. Q, another one of the acclaimed Gurus and the one who started this site, has always expressed his doubts about this one. Though, there are others who swear by this theory.

3. EB2I alone gets a huge amount of SOFAD (spillover, Across, down) visas. Given the trackkit trends analyzed by "Teddy", another well respected of the Gurus, and backed by Spec I think, EB1 is on a rampage and will use most of its own Visas. There is little hope from EB4/5. EB2 ROW has been helping us now, but is not guaranteed in future.

4. CO thinks he wants to. Now there is no telling what he wants or thinks. This could really be our best shot. However, recently, he has mentioned that the dates will go back. No luck there for now.

Sorry to be the bearer of the bad news, but I don't think any of the Gurus really went as far as June 2011 in their own predictions for the next fiscal.

We will really know a lot after the demand data grows and stabilizes after the retrogression. The evil of retrogression is necessary to bring forth the clarity, however much we all may hate it !

Gurus, please correct me if I am wrong.

[just_curious]

Thanks for the explanation, pdfeb09.....!!!!

However below are the 2 pointers which make me to blindly believe that dates will again move... I may be wrong...

- Not many applicants during 2008-2010 --This is totally my assumption(totally - no supporting data)
- Processing speed of USCIS

Feel free to thrash my assumptions...

[pdfeb09]

Thanks for the explanation, pdfeb09.....!!!!

However below are the 2 pointers which make me to blindly believe that dates will again move... I may be wrong...

- Not many applicants during 2008-2010 --This is totally my assumption(totally - no supporting data)
- Processing speed of USCIS

Feel free to thrash my assumptions...

"- Not many applicants during 2008-2010 --This is totally my assumption(totally - no supporting data) " - You are probably right in assuming that the number of applications between late 2008 and end of 2010 are less as compared to other years (2007-late 2008) and 2010- onwards. However, Spectator and others have been working on getting an estimate of the applications based on "Perms" and have already accounted for this sparseness. Gurus like Spec, Teddy, Veni, Kanmani, nishant2200, Vizcard, Imdeng, Suninphx use a ratio called OR (overall ratio) that describes the amount of 485 applications that were delivered by a certain amount of perms. Each has their own OR .. I think..
This OR, by the way, includes demand destruction, Porting, multiple perms, etc.
A true picture about how many of the perms made it to 485 stage will emerge from the demand data once it grows and stabilizes.

"- Processing Speed Of USCIS" - If the dates retrogress once, USCIS gets a breather. They have to process enough applications to cover all the available visas, but not any more. Again, I think Spectator has found them to be doing a good job.

Spectator, I have used your name in justifying my understanding. Please correct anything that I may have misunderstood or mistakenly associated with you.

[ontheedge]

No approvals reported today at all! So unnerving.

[ragx08]

Gurus,

A friend of mine was asking this... Is it possible for a L2A (L1 dependent) with EAD to have his/her employer sponsor the greencard? If yes, what is the process involved (any links to that info?)

Thankyou for your inputs.

PS: Admins, if this is not the appropriate forum for this question, please move/delete this post.

[la_2002_ch]

No approvals reported today at all! So unnerving.

My organization applied for 485 in Jan(RD ranging from 3rd to 5th) for 5 of us (PDs ranging from Apr-Sep 2008). Two of them got approved last week and the two got approval mails today Morning.

I am the only one left.... As I am happy for all four of them, but still so nervous and on the edge, Especially now that dates are set to go back in May, (as my wife says I am in a shell of my own). Picking up fights with everyone (especially the wife) on small matters or shouting/scolding the kids... :(

Wish there was some method to this madness for application processing at USCIS.

[vgraj1]

Nishant_imt,

People who never receive their hard copy PERM approval do apply, asking USCIS to obtain a copy from DOL. It probably does delay the process, but that probably won't be a concern, given the time for the dates to become Current again.

The other option which occurs to me is that even if you apply on the basis of your original PERM/I-140, you will have become AC21 portable by the time your I-485 is adjudicated. Working at the original location wouldn't be necessary. I don't know the legality of that approach and your Employer would have to play ball.

Best to discuss it with your attorney. I totally understand your wish not to miss the boat.

Good luck.

PS I think from anecdotal evidence, many people did exactly what you are thinking of doing in August 2007, before the last filing date on August 17, 2007.

Hi Spec, My previous desi company applied for my I-140 using labor substitution in 2007 with EB2I priority date of March 2002 with a copy of PERM asking USCIS to get the original PERM from DOL. USCIS did'nt do it and rejected my I-140 due to original PERM not being provided. It was a non-appelable rejection; my desi company tried through ALIA but it did not work out; so I lost my 2002 PD.

[self.coach]

Now that retrogression to Aug 15 2007 is announced, and imminent in the May 2012 bulletin, I keep thinking "mera number kab aayega"....is retrogression ne saale sab sapno pe paani pher diya. saaala mera number kab aayega? 2012? 2013? 2014 (gulp)?

[bvsamrat]

My opinion: advancing 2 years in 2 months and going back to 4 years again-: To see how many EB2-485 applications(approved and pending) and then formulate some intelligent plan/approach on how to tackle other catagory-EB3. May be that, from now on the spill over of numbers will be distributed evenly to both catagories rather than giving majority to EB2 - so as to make EB3 also progress at some speed.

[ontheedge]

I am the only one left.... As I am happy for all four of them, but still so nervous and on the edge, Especially now that dates are set to go back in May, (as my wife says I am in a shell of my own). Picking up fights with everyone (especially the wife) on small matters or shouting/scolding the kids... :(

Wish there was some method to this madness for application processing at USCIS.

It is disconcerting...but there's nothing really gained by getting too frustrated, right? Keep your spirits up..and no fighting/ scolding the little ones :) It is PURE LUCK at this point.

[gc4a_k]

Does anyone know what status is shown in USCIS web page when preadjudicated cases are held in the pending demand file. Does it say post-decision acitivity? Right now when I put in my I-485 SRC# it says status not found. It may take a year before I get my GC, but would love to know that my case has atleast been preadjudicated.

[self.coach]

My organization applied for 485 in Jan(RD ranging from 3rd to 5th) for 5 of us (PDs ranging from Apr-Sep 2008). Two of them got approved last week and the two got approval mails today Morning.

I am the only one left.... As I am happy for all four of them, but still so nervous and on the edge, Especially now that dates are set to go back in May, (as my wife says I am in a shell of my own). Picking up fights with everyone (especially the wife) on small matters or shouting/scolding the kids... :(

Wish there was some method to this madness for application processing at USCIS.

Be positive. Sometimes we view situations like these as problems, but in reality they tend to do some good one way or the other. I know it is easier to say this but in some weird way I have experienced it myself. Your kids, your wife, your family are permanent, this situation is temporary.

I'd like to apply the adage "dont make permanent decisions based on temporary emotions" here.....probably change it a bit to "dont let temporary aspects of life affect your permanent and certain aspects".

Remember what is in your own hands and focus only on that. We have all been through similar situations but believe me, things are not as bad as they seem to us. There are people whose cases have been denied, jobs lost and even bank balances shattered in the past few years - but all these aspects are still not as important as the well being of their family. My wife was in emergency last Sunday because she got extremely dehydrated after lot of vomiting (she is 7 months pregnant). When she was on I..V.. for about 5 hours in the hospital, and the two days after she came home, I didnt even care about why there were no updates on my EAD..it was simply not important enough to block my mind.

I love Q's approach - dont plan your life around GC (Q, you must make this the forum's motto). I have extended it to "Dont live your life around GC". I am frustrated myself that I will most likely miss out due to retrogression, but I know that I am not alone. There are hundreds of others, and then there are thousands on EB3 too who have been through these frustrations for years, and then there are many others who lost the opportunity to be in the US after getting here and more others who never recieved Visa in the first place to come to US. Putting things in perspective, you are better off than many other people in this world.

[Spectator]

Does anyone know what status is shown in USCIS web page when preadjudicated cases are held in the pending demand file. Does it say post-decision acitivity? Right now when I put in my I-485 SRC# it says status not found. It may take a year before I get my GC, but would love to know that my case has atleast been preadjudicated.Certainly, until now, there has been no way to know whether a case is pre-adjudicated or not, unless an L2 officer happens to tell you. A pre-adjudicated case will still show as "Initial Review". I am not aware that this has changed.

I agree it would be a good idea (and fairly simple to implement) if the on-line system showed this status.

[goforgreen]

IMHO they dont have any intelligent plan around this. They thought demand was less so moved the dates ahead and now they think visas are less so are moving the dates back. When they moved the dates ahead they moved too much (moving till 2008 end was enough for this years SOFAD, though I'm happy for people getting EADs) and now when they moved back they have moved back too much (aug 2007 was current for last 5 months and most of the folks would have got GCs by now). This is using a sledgehammer to break a nut approach.

Also there is no way EB3 I&C can get spill over unless EB2 I&C are current.


My opinion: advancing 2 years in 2 months and going back to 4 years again-: To see how many EB2-485 applications(approved and pending) and then formulate some intelligent plan/approach on how to tackle other catagory-EB3. May be that, from now on the spill over of numbers will be distributed evenly to both catagories rather than giving majority to EB2 - so as to make EB3 also progress at some speed.

[vizcard]

My opinion: advancing 2 years in 2 months and going back to 4 years again-: To see how many EB2-485 applications(approved and pending) and then formulate some intelligent plan/approach on how to tackle other catagory-EB3. May be that, from now on the spill over of numbers will be distributed evenly to both catagories rather than giving majority to EB2 - so as to make EB3 also progress at some speed.

By law, EB2 will get all visa numbers and only if they cannot be used, they will Spill Down to EB3. The only way that would happen is if there was no demand for AOS+CP (which is impossible at this point in time). So EB3 is not going to get anything from EB2. You can take that to the bank :)

[vizcard]

Does anyone know what status is shown in USCIS web page when preadjudicated cases are held in the pending demand file. Does it say post-decision acitivity? Right now when I put in my I-485 SRC# it says status not found. It may take a year before I get my GC, but would love to know that my case has atleast been preadjudicated.


Certainly, until now, there has been no way to know whether a case is pre-adjudicated or not, unless an L2 officer happens to tell you. A pre-adjudicated case will still show as "Initial Review". I am not aware that this has changed.

I agree it would be a good idea (and fairly simple to implement) if the on-line system showed this status.

Spec
Wouldn't the online system show "Approved" under Decision. I know its not always reliable but theoretically that's what would happen. The Post-Decision activity would be CPO when you become current

[self.coach]

They should have moved back to Dec 2008 instead of Aug 2007.


IMHO they dont have any intelligent plant around this. They thought demand was less so moved the dates ahead and now they think visas are less so are moving the dates back. When they moved the dates ahead they moved too much (moving till 2008 end was enough for this years SOFAD, though I'm happy for people getting EADs) and now when they moved back they have moved back too much (aug 2007 was current for last 5 months and most of the folks would have got GCs by now). This is using a sledgehammer to break a nut approach.

Also there is no way EB3 I&C can get spill over unless EB2 I&C are current.

[vizcard]

IMHO they dont have any intelligent plan around this. They thought demand was less so moved the dates ahead and now they think visas are less so are moving the dates back. When they moved the dates ahead they moved too much (moving till 2008 end was enough for this years SOFAD, though I'm happy for people getting EADs) and now when they moved back they have moved back too much (aug 2007 was current for last 5 months and most of the folks would have got GCs by now). This is using a sledgehammer to break a nut approach.

Also there is no way EB3 I&C can get spill over unless EB2 I&C are current.

Its not that simple. There was no visibility in to real inventory or demand real time. CO had to advance it significantly to try to get enough applications in. Given historical processing times by USCIS, he couldn't take a chance of losing visas. By moving it 2+ years, he's hoping for enough low hanging fruit to use up quota along with the 2007 cases. Now since the processing rate has picked up, he needs to scale back. (Right from Dec/Jan, CO has been saying tht he might retrogress in May/June).

The reason he's moving all the way back to 8/2007 is to ensure that the earliest PDs get GCs first. .

[Spectator]

Spec
Wouldn't the online system show "Approved" under Decision. I know its not always reliable but theoretically that's what would happen. The Post-Decision activity would be CPO when you become currentvizcard,

I don't believe USCIS sees pre-adjudication as a "decision". The Decision status refers to a final decision on the case i.e. an Approval, as far as I am aware.

A pre-adjudicated case can still be subject to RFE before approval.

I don't think I have ever seen a case were a pre-backlog person had a Decision status because they were pre-adjudicated. A "Pre-Processed" status after "Initial Review" would make a lot of sense and save an awful lot of calls to the National Customer Service Center and Infopass appointments.

[vizcard]

vizcard,

I don't believe USCIS sees pre-adjudication as a "decision". The Decision status refers to a final decision on the case i.e. an Approval, as far as I am aware.

A pre-adjudicated case can still be subject to RFE before approval.

I don't think I have ever seen a case were a pre-backlog person had a Decision status because they were pre-adjudicated. A "Pre-Processed" status after "Initial Review" would make a lot of sense and save an awful lot of calls to the National Customer Service Center and Infopass appointments.

I agree. I think "Decision" and "post decision activity" is redundant.

[gc4a_k]

I agree. I think "Decision" and "post decision activity" is redundant.

Thanks Spec/Viz.

"A pre-adjudicated case can still be subject to RFE before approval."
:( i thought that once case is pre-adjudicated "allll is well".

[Spectator]

Thanks Spec/Viz.

"A pre-adjudicated case can still be subject to RFE before approval."
:( i thought that once case is pre-adjudicated "allll is well".gc4a_k,

The most obvious one, if the case has been pre-adjudicated for a while, is a request for an EVL to ensure the job still exists.

[gc4a_k]

gc4a_k,

The most obvious one, if the case has been pre-adjudicated for a while, is a request for an EVL to ensure the job still exists.

yes and in some cases they call for an interview also (just read that in trackitt and murthy)

[self.coach]

Finally I got my EAD/AP combo card. It is valid for 1 year.

[PDNOV2007]

Q/Teddy/Spec and all the other Gurus -

Could someone please answer my question?

I am a Dec filer with PD Nov152007 and lost 100% confidence that i will get my GC before the retro happens in a month. Could you guys please tell me realistically when will i get my GC?

Is it at the end of 2012 or spring of 2013?

I really appreciate your response ...

[bieber]

Q/Teddy/Spec and all the other Gurus -

Could someone please answer my question?

I am a Dec filer with PD Nov152007 and lost 100% confidence that i will get my GC before the retro happens in a month. Could you guys please tell me realistically when will i get my GC?

Is it at the end of 2012 or spring of 2013?

I really appreciate your response ...
worst case October 2012, you will probably the first one to get once the fwd movement resumes in case u don't get it before retrogression

[PDNOV2007]

worst case October 2012, you will probably the first one to get once the fwd movement resumes in case u don't get it before retrogression

Thank you very much for your response

[Spectator]

Q/Teddy/Spec and all the other Gurus -

Could someone please answer my question?

I am a Dec filer with PD Nov152007 and lost 100% confidence that i will get my GC before the retro happens in a month. Could you guys please tell me realistically when will i get my GC?

Is it at the end of 2012 or spring of 2013?

I really appreciate your response ...PDNOV2007,

I agree with bieber, if you don't get it before retrogression kicks in (and DOS might have stopped issuing visas already) then, realistically, it will become Current again in October 2012.

If EB1 do eventually provide some visas, then there is a chance in Q4 of this FY, but don't count on that happening.

[vizcard]

speaking of 2013, does anyone have any thoughts on SOFAD numbers for next year ? are we looking at 30-35k or is it going to be in the 20-25k range like this year?

[suninphx]

PDNOV2007,

I agree with bieber, if you don't get it before retrogression kicks in (and DOS might have stopped issuing visas already) then, realistically, it will become Current again in October 2012.

If EB1 do eventually provide some visas, then there is a chance in Q4 of this FY, but don't count on that happening.

I don’t know the process USCIS uses to request visa numbers. (as in in chunks of hundreds per quarter or so and how many days advance etc) but there was surely steady stream of approvals (on trackitt ) till last week. There is only one approval this week(yesterday) and number of approvals are may be thinning down. Would be interesting to see how things go once April starts before determining if DOS has stopped giving visas to EB2IC for remainder of FY.

[gc4a_k]

FYI...

http://www.trackitt.com/usa-discussion-forums/i485-eb/961911389/eb2-india-and-china-viasa-numbers-might-be-ov/page/last_page

[Spectator]

I don’t know the process USCIS uses to request visa numbers. (as in in chunks of hundreds per quarter or so and how many days advance etc) but there was surely steady stream of approvals (on trackitt ) till last week. There is only one approval this week(yesterday) and number of approvals are may be thinning down. Would be interesting to see how things go once April starts before determining if DOS has stopped giving visas to EB2IC for remainder of FY.suninphx,

I agree we will know better when April actually starts, but there have been a few reports about no visas from March 23 onwards. I also base my speculation on what CO / USCIS actually said on March 23.


USCIS has informed Mr. Oppenheim that they will continue to “preadjudicate” adjustment applications received through April. The “preadjudicated” cases will be held by the State Department in the “pending” demand file.

That tends to suggest that there are no visas (or not many) to issue in April.

Let's see.

[self.coach]

FYI...

http://www.trackitt.com/usa-discussion-forums/i485-eb/961911389/eb2-india-and-china-viasa-numbers-might-be-ov/page/last_page

Thanks for the heads up. Not very surprised though, considering that retrogression was already sort of announced.

[Spectator]

FYI...

http://www.trackitt.com/usa-discussion-forums/i485-eb/961911389/eb2-india-and-china-viasa-numbers-might-be-ov/page/last_pageThere was another earlier report as well, but take it with the pinch of salt required for anything unconfirmed. It seems a little drastic to me.

http://www.trackitt.com/usa-discussion-forums/i485-eb/875517315/i-485-current-in-january-2012-gathering/page/271


Posted by srijaggu
HI Guys,

Its bad News...I have follow up my case with senator office I got this response from them...

The visas have regressed since the issuance of the March and April visa bulletins for the EB2 preference. The number use in the Employment Second preference category increased dramatically during February, and has continued to do so during March. Current indications are that this pattern would continue if no action were taken. Therefore, effective Friday, March 23, 2012 it has been necessary to retrogress the China and India Employment Second preference cut-off date to August 15, 2007. This action is being taken in an effort to ensure the continued availability of Employment Second preference numbers for countries other than China and India who have not yet reached their annual limit. Numbers will once again be available for China and India Employment Second preference cases beginning October 1, 2012 under their FY-2013 annual numerical limitation.

We have to wait for Oct 1st 2012..Hope for the best guys... :-)

[GCKnowHow]

I'm confused with the post in Trackitt.
Does it mean all EB2I visas were approved in first 2 quarters itself?


There was another earlier report as well, but take it with the pinch of salt required for anything unconfirmed. It seems a little drastic to me.

http://www.trackitt.com/usa-discussion-forums/i485-eb/875517315/i-485-current-in-january-2012-gathering/page/271