EB2-3 Predictions (Rather Calculations) 2015-2020

[Jagan01]

It is expected that the dates will advance in October as we enter the new fiscal year. EB-2 India is likely to advance to a date between February and April 2005.There seems to be a typo.

[hope21]

There seems to be a typo.

Seems he wanted to say Feb to Apr 2009

[gcq]

There seems to be a typo.
For me that sounds like he was referring to Eb3-I. EB3-I is already in Dec 2004.

[hope21]

For me that sounds like he was referring to Eb3-I. EB3-I is already in Dec 2004.

Could be anything as it was a typo, let's wait and see, thanks.

[jimmys]

EB2-ROW demand seemed to be astronomically high in FY 15. Does anyone have any insight about EB2-ROW demand for FY 16? Will it be like FY 15 or FY 15 is just one time event?

[April2010]

I received the RFE mail today for my wife and my self. The RFE is about Medicals as they have expired, EVL, Proof of Legal presence in this country etc.,

[mechanical13]

I received the RFE mail today for my wife and my self. The RFE is about Medicals as they have expired, EVL, Proof of Legal presence in this country etc.,

Hi April2010 - is your priority date April 2010? Did you receive an RFE last year as well? Is your country of birth India/China?

If your PD is April 2010, then it really throws a wild card to all the predictions, because my understanding was that USCIS will only issue medical RFEs if they anticipate dates will become current in the next 12 months.

BUT..who knows, maybe there is a nexus between the doctors and USCIS to keep collecting medical test fees...

[April2010]

Hi April2010 - is your priority date April 2010? Did you receive an RFE last year as well? Is your country of birth India/China?

If your PD is April 2010, then it really throws a wild card to all the predictions, because my understanding was that USCIS will only issue medical RFEs if they anticipate dates will become current in the next 12 months.

BUT..who knows, maybe there is a nexus between the doctors and USCIS to keep collecting medical test fees...


Yes, my PD is April 2nd 2010 and I am EB2 India.

[hope21]

Hi April2010 - is your priority date April 2010? Did you receive an RFE last year as well? Is your country of birth India/China?

If your PD is April 2010, then it really throws a wild card to all the predictions, because my understanding was that USCIS will only issue medical RFEs if they anticipate dates will become current in the next 12 months.

BUT..who knows, maybe there is a nexus between the doctors and USCIS to keep collecting medical test fees...


This is what I predicted before Sep Bulletin
--------------------------------------------------
Long time follower. Very thankful to stalwarts/experts like Spec, Teddy, Q, Kanmani, YT and many more. Based on reading everyone's comments, my little knowledge/observation, here are my two cents:

For EB2I -
Sep Bulletin - Feb to Apr 2009
FY 16 - Feb to Apr 2010
FY 17 (First Quarter) - Inventory Build Up
--------------------------------------------------

Now that Sept Bulletin is gone. you never know it can still happen in next few months. So changing it to -

Oct to Dec 2015 - Feb to Apr 2009
End of FY '16 - Feb to Apr 2010

You never know miracles do happen, maybe this Apr 2010 Medical RFE is a sign towards that. Anyway, nobody has a crystal ball (neither us nor attorneys/lawyers), let's wait and see. Let's always be prepared for the WORST but always HOPE for the BEST, as you never KNOW.... Too philosophical for some of us, I guess .... :-)

[hope21]

bvsamrat,

That's true, but that movement has been possible because EB2-I has received large numbers of visas due to spillover.

That in turn was possible due to a series of beneficial factors: low EB5 usage in the early years, Kazarian's effect on EB1, beneficial changes in PERM processing times, large numbers of extra visas from FB, over allocation in FY2012 when EB2-WW had to be retrogressed etc.

Underlying those numbers, the situation wasn't as good as it appeared and this year none of those factors are present and EB2-WW has higher than normal demand.

I completely agree with all the factors you listed above Spec. Another important factor which contributed to this was change of strategy by CO. CO was using the time old strategy of forwarding the dates for 3/4 months from July to Sept/Oct and keeping it 'Unavailable/or 2004/2005' for the remainder of the year. In contrary to his this strategy (which he was using for the last 3/4 years), he kept the dates available/moving for the last 7/8 months from Jan ‘15to August '15 (I believe for priority dates 2006 to 2008).By using this strategy, he invited more Porting from EB3I to EB2I this year and in turn the repercussions were as we are seeing now - we could not touch last year's COD of 2009.

I know his intention was not bad as he wanted to streamline the system (which is not always easy), but at what expense? He forgot that he (or rather we all having PD >2009) will need to pay the price for this and hence the result - dates could not move beyond 2008. In my opinion, had he adopted the same old strategy - dates would have surely moved by at least 3/4 months from 1st May 2009 onwards.

Having said that, I know he wanted to streamline the system and wanted to get away from his old strategy in which he kept the dates Unavailable for longer duration – my only question is why now? why at the expense of 2009 PDers? Why he could not wait for an year or two later. The answer is then probably 2010/2011 PDers WILL ask the same question an year from now..... I would leave it at that.

[Spectator]

I completely agree with all the factors you listed above Spec. Another important factor which contributed to this was change of strategy by CO. CO was using the time old strategy of forwarding the dates for 3/4 months from July to Sept/Oct and keeping it 'Unavailable/or 2004/2005' for the remainder of the year. In contrary to his this strategy (which he was using for the last 3/4 years), he kept the dates available/moving for the last 7/8 months from Jan ‘15to August '15 (I believe for priority dates 2006 to 2008).By using this strategy, he invited more Porting from EB3I to EB2I this year and in turn the repercussions were as we are seeing now - we could not touch last year's COD of 2009.

I know his intention was not bad as he wanted to streamline the system (which is not always easy), but at what expense? He forgot that he (or rather we all having PD >2009) will need to pay the price for this and hence the result - dates could not move beyond 2008. In my opinion, had he adopted the same old strategy - dates would have surely moved by at least 3/4 months from 1st May 2009 onwards.

Having said that, I know he wanted to streamline the system and wanted to get away from his old strategy in which he kept the dates Unavailable for longer duration – my only question is why now? why at the expense of 2009 PDers? Why he could not wait for an year or two later. The answer is then probably 2010/2011 PDers WILL ask the same question an year from now..... I would leave it at that.hope21,

It's refreshing to actually see a reply - I thought everybody had disappeared!

Unfortunately, that is the consequence of changes made without the addition of extra visa numbers. Those that benefit will be ecstatic and justify the change as the right thing to do. They won't bother to consider that their gain is at the expense of somebody else's pain.

The bigger problem for you is that the factors that previously allowed EB2-I advancement have disappeared before your case can be approved.

Here's a post I composed a few days ago, but never actually posted. It put's a bit more flesh on the subject of the underlying trend for EB2-I after stripping away the beneficial factors. I chose not to post it earlier, and only do so now with some hesitation, because it paints an altogether too bleak picture.




EB2-ROW demand seemed to be astronomically high in FY 15. Does anyone have any insight about EB2-ROW demand for FY 16? Will it be like FY 15 or FY 15 is just one time event?jimmys,

You ask a simple question which I don't think has an equally simple answer.

You might consider first that in FY2014, demand was extremely low, rather than this year being "astronomically" high.

Over the 5 years FY2009-FY2013 the EB2-ROW average was 28.6k and that EB2-WW (non-IC) was 32.5k. The base allocations per year are 28.8k and 34.4k respectively. Compared to FY2013, when EB2-ROW received 36.5k and EB2-WW received 42.6k, this FY is not likely to be especially high, especially considering how low last FY was.

I think it too early to make a sensible judgement. It's better to wait until the October Inventory and Visa Statistics are published. Until then, I would consider what follows as wild (almost reckless) speculation - I urge people to read it as such. It's a classic case of GIGO.

FY2015 has seen a relatively slow rate of approvals initially followed by a spike in approvals later in the year.

That correlates fairly well to the ROW PERM certification pattern seen about 1 year earlier.

That pattern is not likely to repeat in FY2016 and it's more likely than not that the approvals per month will be somewhat smoother.

That is not the entire picture. DOL are on target to certify around 20% more PERM in FY2015 (75k) than they did in FY2014 (62.6k). While much of that can be attributed to India and China, it has still resulted in an increase in the average monthly certifications for ROW. It means that the two 12 month periods are likely to have fairly similar numbers of ROW PERM certifications. As an unconnected side note, despite the increased number of certifications, the number of pending PERM cases had still increased slightly at the end of Q3 FY2015 compared to the end of FY2014.

This may partly explain why the latest ROW Inventory did not fall as much as might have been expected.

I would stress that PERM certification numbers are only an indicator. It's quite likely that the EB2:EB3 ratio for ROW has shifted slightly towards EB3 and the time it takes for the conversion of a certified PERM to an approved I-485 is very sensitive to USCIS processing times. It's apparent that I-485 approvals don't entirely mirror PERM certifications and are relatively more "spiky".

A relatively high pending Inventory of EB2-ROW cases is not a positive indicator, but it's entirely possible that is caused because increasing USCIS processing times are allowing relatively more cases to show in the Inventory. The number of pending I-140s also continue to climb according to USCIS reports.

As far as numbers next FY, it would be better for this FY ROW numbers to be as high as possible to limit the number that fall through to next FY. That number is bounded somewhat by the news that EB2-I is likely to receive around 7.5k in FY2015. The extra 4.5k have to come from somewhere. The possibilities are EB2-WW (FA), EB1/EB4/EB5 (FD) or from some unknown source such as against the overall 7% limit for India (EB2-I has received more approvals in recent years than SO alone can account for).


In the 5 years from FY2009-FY2013, 3 of those years had extra FB visas and EB2-IC benefited to the tune of about 23k. In FY2011, when there were no extra FB visas, the one off Kazarian effect allowed EB2-IC to benefit by 14.8k. In FY2009, when neither event occurred, EB2-I received only 10.1k (almost all from EB5).

In past years, low EB5 approvals also contributed to large amounts of SO to EB2-IC. In the 5 years from FY2009-FY2013, EB5 contributed another 24k towards EB2-IC approvals.

Those 62k extra visas, represented 68% of the total extra visas received by EB2-IC between FY2009 and FY2013 (90k). EB2-I received 85% of the total extra visas.

To put it in perspective, during that same 5 year period, EB2-WW contributed just 9.7k extra visas and EB1 (excluding FY2011) actually used 0.3k more than their base allocation, with EB4 contributing an additional 8.3k.



Overall, EB2-I progress has been driven by spare FB visas, a one off event and low EB5 approvals, rather than FA within EB2 (or even FD from EB1 for that matter). Two of those factors (which accounted for over 40% of the extra visas over that period) are unlikely to happen again.

Nearly 2/3 of the extra visas that EB2-I are expected to receive in FY2015 can be directly attributed to the extra FB numbers.

For next FY, SO available to EB2-I will again likely rely heavily on extra numbers from FB being available to the total EB allocation.

If DOS also front loads approvals in the Consular Processing system which FB relies on, the chances of extra FB visas falling to EB will diminish.

We'll know the approximate number number of extra FB visas available to EB in FY2016 when the FY2015 Visa Statistics are published - hopefully around January 2016.


My "finger in the air" sense at the moment is that EB2-ROW may have less approvals next FY than this FY, but that the difference won't be as high as some people hope for. However, if EB2-WW approvals are pushed into next FY due to increased USCIS processing times, that advantage can evaporate.

At this point, I don't think anything is certain about what FY2016 will bring for EB2-I. I've learned over the years to expect the unexpected and that events can happen that were totally unexpected.

[amulchandra]

If DOS also front loads approvals in the Consular Processing system which FB relies on, the chances of extra FB visas falling to EB will diminish.

We'll know the approximate number number of extra FB visas available to EB in FY2016 when the FY2015 Visa Statistics are published - hopefully around January 2016.

Hi spec,

From your statement above, do you think the same thing will apply to EB3 India also? To the best of my knowledge fb numbers are equally divided among all the categories. So eb3 also should receive these extra FB numbers right?

[Spectator]

If DOS also front loads approvals in the Consular Processing system which FB relies on, the chances of extra FB visas falling to EB will diminish.

We'll know the approximate number number of extra FB visas available to EB in FY2016 when the FY2015 Visa Statistics are published - hopefully around January 2016.

Hi spec,

From your statement above, do you think the same thing will apply to EB3 India also? To the best of my knowledge fb numbers are equally divided among all the categories. So eb3 also should receive these extra FB numbers right?amulchandra,

The extra FB visas are prorated in the same way as the initial allocation.

Therefore, EB3 will receive 28.6% of the total number of extra FB visas (286 per extra 1000). Those numbers are then prorated to the 7% limited Countries to increase the initial allocation (28.6% * 7% = 2% = 20 per extra 1000).

Any numbers not required by EB3-ROW will FA to the most retrogressed Country (almost certainly India).

This FY, the extra number was 4,796. This would increase the overall EB3 allocation by 1,372 from 40,040 to 41,412. China, India, Mexico and Philippines initial allocation would increase by 96 from 2,803 to 2,899. EB3-ROW would initially receive the remaining 988 extra visas.

[amulchandra]

amulchandra,

The extra FB visas are prorated in the same way as the initial allocation.

Therefore, EB3 will receive 28.6% of the total number of extra FB visas (286 per extra 1000). Those numbers are then prorated to the 7% limited Countries to increase the initial allocation (28.6% * 7% = 2% = 20 per extra 1000).

Any numbers not required by EB3-ROW will FA to the most retrogressed Country (almost certainly India).

This FY, the extra number was 4,796. This would increase the overall EB3 allocation by 1,372 from 40,040 to 41,412. China, India, Mexico and Philippines initial allocation would increase by 96 from 2,803 to 2,899. EB3-ROW would initially receive the remaining 988 extra visas.

Thank you very much Spec. Is it safe to say that the extra 988 visas from ROW will go to EB 3 I this FY?

Can you also provide your conservative estimate for EB3 I for FY 2016 when you find some time? This has been a veeeery long journey, way too longer than expected. I am getting kind of impatient now a days. I am not able to focus on the most important things because of this illogical/stupid GC process.

The predictions from this site provide a more realistic approach so that we can mentally prepare for what lies ahead.

I really appreciate your response.

Thank you very much
Amul

[suninphx]

hope21,

It's refreshing to actually see a reply - I thought everybody had disappeared!

Unfortunately, that is the consequence of changes made without the addition of extra visa numbers. Those that benefit will be ecstatic and justify the change as the right thing to do. They won't bother to consider that their gain is at the expense of somebody else's pain.

The bigger problem for you is that the factors that previously allowed EB2-I advancement have disappeared before your case can be approved.

Here's a post I composed a few days ago, but never actually posted. It put's a bit more flesh on the subject of the underlying trend for EB2-I after stripping away the beneficial factors. I chose not to post it earlier, and only do so now with some hesitation, because it paints an altogether too bleak picture.



jimmys,

You ask a simple question which I don't think has an equally simple answer.

You might consider first that in FY2014, demand was extremely low, rather than this year being "astronomically" high.

Over the 5 years FY2009-FY2013 the EB2-ROW average was 28.6k and that EB2-WW (non-IC) was 32.5k. The base allocations per year are 28.8k and 34.4k respectively. Compared to FY2013, when EB2-ROW received 36.5k and EB2-WW received 42.6k, this FY is not likely to be especially high, especially considering how low last FY was.

I think it too early to make a sensible judgement. It's better to wait until the October Inventory and Visa Statistics are published. Until then, I would consider what follows as wild (almost reckless) speculation - I urge people to read it as such. It's a classic case of GIGO.

FY2015 has seen a relatively slow rate of approvals initially followed by a spike in approvals later in the year.

That correlates fairly well to the ROW PERM certification pattern seen about 1 year earlier.

That pattern is not likely to repeat in FY2016 and it's more likely than not that the approvals per month will be somewhat smoother.

That is not the entire picture. DOL are on target to certify around 20% more PERM in FY2015 (75k) than they did in FY2014 (62.6k). While much of that can be attributed to India and China, it has still resulted in an increase in the average monthly certifications for ROW. It means that the two 12 month periods are likely to have fairly similar numbers of ROW PERM certifications. As an unconnected side note, despite the increased number of certifications, the number of pending PERM cases had still increased slightly at the end of Q3 FY2015 compared to the end of FY2014.

This may partly explain why the latest ROW Inventory did not fall as much as might have been expected.

I would stress that PERM certification numbers are only an indicator. It's quite likely that the EB2:EB3 ratio for ROW has shifted slightly towards EB3 and the time it takes for the conversion of a certified PERM to an approved I-485 is very sensitive to USCIS processing times. It's apparent that I-485 approvals don't entirely mirror PERM certifications and are relatively more "spiky".

A relatively high pending Inventory of EB2-ROW cases is not a positive indicator, but it's entirely possible that is caused because increasing USCIS processing times are allowing relatively more cases to show in the Inventory. The number of pending I-140s also continue to climb according to USCIS reports.

As far as numbers next FY, it would be better for this FY ROW numbers to be as high as possible to limit the number that fall through to next FY. That number is bounded somewhat by the news that EB2-I is likely to receive around 7.5k in FY2015. The extra 4.5k have to come from somewhere. The possibilities are EB2-WW (FA), EB1/EB4/EB5 (FD) or from some unknown source such as against the overall 7% limit for India (EB2-I has received more approvals in recent years than SO alone can account for).


In the 5 years from FY2009-FY2013, 3 of those years had extra FB visas and EB2-IC benefited to the tune of about 23k. In FY2011, when there were no extra FB visas, the one off Kazarian effect allowed EB2-IC to benefit by 14.8k. In FY2009, when neither event occurred, EB2-I received only 10.1k (almost all from EB5).

In past years, low EB5 approvals also contributed to large amounts of SO to EB2-IC. In the 5 years from FY2009-FY2013, EB5 contributed another 24k towards EB2-IC approvals.

Those 62k extra visas, represented 68% of the total extra visas received by EB2-IC between FY2009 and FY2013 (90k). EB2-I received 85% of the total extra visas.

To put it in perspective, during that same 5 year period, EB2-WW contributed just 9.7k extra visas and EB1 (excluding FY2011) actually used 0.3k more than their base allocation, with EB4 contributing an additional 8.3k.



Overall, EB2-I progress has been driven by spare FB visas, a one off event and low EB5 approvals, rather than FA within EB2 (or even FD from EB1 for that matter). Two of those factors (which accounted for over 40% of the extra visas over that period) are unlikely to happen again.

Nearly 2/3 of the extra visas that EB2-I are expected to receive in FY2015 can be directly attributed to the extra FB numbers.

For next FY, SO available to EB2-I will again likely rely heavily on extra numbers from FB being available to the total EB allocation.

If DOS also front loads approvals in the Consular Processing system which FB relies on, the chances of extra FB visas falling to EB will diminish.

We'll know the approximate number number of extra FB visas available to EB in FY2016 when the FY2015 Visa Statistics are published - hopefully around January 2016.


My "finger in the air" sense at the moment is that EB2-ROW may have less approvals next FY than this FY, but that the difference won't be as high as some people hope for. However, if EB2-WW approvals are pushed into next FY due to increased USCIS processing times, that advantage can evaporate.

At this point, I don't think anything is certain about what FY2016 will bring for EB2-I. I've learned over the years to expect the unexpected and that events can happen that were totally unexpected.

Spec- as usual, very detailed reply and outstanding analysis.

Thank you!

[hope21]

hope21,

It's refreshing to actually see a reply - I thought everybody had disappeared!

Unfortunately, that is the consequence of changes made without the addition of extra visa numbers. Those that benefit will be ecstatic and justify the change as the right thing to do. They won't bother to consider that their gain is at the expense of somebody else's pain.

The bigger problem for you is that the factors that previously allowed EB2-I advancement have disappeared before your case can be approved.

Here's a post I composed a few days ago, but never actually posted. It put's a bit more flesh on the subject of the underlying trend for EB2-I after stripping away the beneficial factors. I chose not to post it earlier, and only do so now with some hesitation, because it paints an altogether too bleak picture.



jimmys,

You ask a simple question which I don't think has an equally simple answer.

You might consider first that in FY2014, demand was extremely low, rather than this year being "astronomically" high.

Over the 5 years FY2009-FY2013 the EB2-ROW average was 28.6k and that EB2-WW (non-IC) was 32.5k. The base allocations per year are 28.8k and 34.4k respectively. Compared to FY2013, when EB2-ROW received 36.5k and EB2-WW received 42.6k, this FY is not likely to be especially high, especially considering how low last FY was.

I think it too early to make a sensible judgement. It's better to wait until the October Inventory and Visa Statistics are published. Until then, I would consider what follows as wild (almost reckless) speculation - I urge people to read it as such. It's a classic case of GIGO.

FY2015 has seen a relatively slow rate of approvals initially followed by a spike in approvals later in the year.

That correlates fairly well to the ROW PERM certification pattern seen about 1 year earlier.

That pattern is not likely to repeat in FY2016 and it's more likely than not that the approvals per month will be somewhat smoother.

That is not the entire picture. DOL are on target to certify around 20% more PERM in FY2015 (75k) than they did in FY2014 (62.6k). While much of that can be attributed to India and China, it has still resulted in an increase in the average monthly certifications for ROW. It means that the two 12 month periods are likely to have fairly similar numbers of ROW PERM certifications. As an unconnected side note, despite the increased number of certifications, the number of pending PERM cases had still increased slightly at the end of Q3 FY2015 compared to the end of FY2014.

This may partly explain why the latest ROW Inventory did not fall as much as might have been expected.

I would stress that PERM certification numbers are only an indicator. It's quite likely that the EB2:EB3 ratio for ROW has shifted slightly towards EB3 and the time it takes for the conversion of a certified PERM to an approved I-485 is very sensitive to USCIS processing times. It's apparent that I-485 approvals don't entirely mirror PERM certifications and are relatively more "spiky".

A relatively high pending Inventory of EB2-ROW cases is not a positive indicator, but it's entirely possible that is caused because increasing USCIS processing times are allowing relatively more cases to show in the Inventory. The number of pending I-140s also continue to climb according to USCIS reports.

As far as numbers next FY, it would be better for this FY ROW numbers to be as high as possible to limit the number that fall through to next FY. That number is bounded somewhat by the news that EB2-I is likely to receive around 7.5k in FY2015. The extra 4.5k have to come from somewhere. The possibilities are EB2-WW (FA), EB1/EB4/EB5 (FD) or from some unknown source such as against the overall 7% limit for India (EB2-I has received more approvals in recent years than SO alone can account for).


In the 5 years from FY2009-FY2013, 3 of those years had extra FB visas and EB2-IC benefited to the tune of about 23k. In FY2011, when there were no extra FB visas, the one off Kazarian effect allowed EB2-IC to benefit by 14.8k. In FY2009, when neither event occurred, EB2-I received only 10.1k (almost all from EB5).

In past years, low EB5 approvals also contributed to large amounts of SO to EB2-IC. In the 5 years from FY2009-FY2013, EB5 contributed another 24k towards EB2-IC approvals.

Those 62k extra visas, represented 68% of the total extra visas received by EB2-IC between FY2009 and FY2013 (90k). EB2-I received 85% of the total extra visas.

To put it in perspective, during that same 5 year period, EB2-WW contributed just 9.7k extra visas and EB1 (excluding FY2011) actually used 0.3k more than their base allocation, with EB4 contributing an additional 8.3k.



Overall, EB2-I progress has been driven by spare FB visas, a one off event and low EB5 approvals, rather than FA within EB2 (or even FD from EB1 for that matter). Two of those factors (which accounted for over 40% of the extra visas over that period) are unlikely to happen again.

Nearly 2/3 of the extra visas that EB2-I are expected to receive in FY2015 can be directly attributed to the extra FB numbers.

For next FY, SO available to EB2-I will again likely rely heavily on extra numbers from FB being available to the total EB allocation.

If DOS also front loads approvals in the Consular Processing system which FB relies on, the chances of extra FB visas falling to EB will diminish.

We'll know the approximate number number of extra FB visas available to EB in FY2016 when the FY2015 Visa Statistics are published - hopefully around January 2016.


My "finger in the air" sense at the moment is that EB2-ROW may have less approvals next FY than this FY, but that the difference won't be as high as some people hope for. However, if EB2-WW approvals are pushed into next FY due to increased USCIS processing times, that advantage can evaporate.

At this point, I don't think anything is certain about what FY2016 will bring for EB2-I. I've learned over the years to expect the unexpected and that events can happen that were totally unexpected.

Thanks Spec, I can't agree with you more on this. I particularly liked the sentence/verbiage - 'Their gain is at the expense of somebody else's pain'. My only comment is - Before changing his(CO) strategy - A thorough analysis should have been done by him/his team specially for this year, to avoid this kind of scenario as basically everything went against EB2I this year, specifically when he knew other beneficial factors were not that great for this year. Having said that, I don't think harping on the past will help anyone/us, let bygones be bygones and move forward.

Thanks for the detailed analysis that you posted, as always - Great ! On top of your great analysis, Somehow I feel that worst is over for EB2I (this FY year '15), and have a good feeling for this coming FY '16 and I think it should/will not be as bad as FY 15 for sure, let's wait and see..

[iatiam]

All,

I have a question about job loss while working on EAD. I am working in the energy industry on an EAD and the way things are going with oil prices, there are chances that my job might be lost. I don't anticipate getting any thing for at least 6 months. The question is,
1. How does it affect my GC?
2. Is there a rule some where which states that it is OK to lose job while on an EAD?

I do realize that this isn't the right place for such a question; just posted for better visibility. So admins, please move it after it has generated some answers.

Iatiam

[gcq]

All,

I have a question about job loss while working on EAD. I am working in the energy industry on an EAD and the way things are going with oil prices, there are chances that my job might be lost. I don't anticipate getting any thing for at least 6 months. The question is,
1. How does it affect my GC?
2. Is there a rule some where which states that it is OK to lose job while on an EAD?

I do realize that this isn't the right place for such a question; just posted for better visibility. So admins, please move it after it has generated some answers.

Iatiam
Greencard is for future job. There is no requirement that you should be working while waiting for GC. The only requirement is
1. you should not be out of status ( Pending I-485 gives you status)
2. You should not work without EAD or other work authorizations

However if USCIS issues an RFE for EVL, you should have a job offer letter in same/similar category.

[Spectator]

I don't usually post items like this, but I think it is interesting enough to do so.

I put it firmly in the "unsubstantiated rumour" bucket.

I saw this posting on Trackitt www.trackitt.com/usa-discussion-forums/i485-eb/1549342697/-i-485-filers-nsc-jan-2015/page/7 about his I-485 pending under EB1B.


mgsgcto

to sandiegosoul:

I got following reply for my SR. This is quite different from the response that many have shared on this forum. It is not about background checks. What does this indicate?


"USCIS is aware that according to the Department of State Visa Bulletin, there appear to be visas available however there has been an extremely large volume of cases requiring visas. A visa may or may not be currently available, however if there is a visa available for the case, those cases are being assigned to officers and are being processed in date order. If you do not receive a decision or other notice of action from us within 90 days of the date of this letter you may place another inquiry after that period of time has elapsed. You may find further information about visas on the Department of State website at www.travel.state.gov."

It's interesting that the person has quoted the USCIS reply and that it appears USCIS are already concerned about EB1 visas being exhausted at some point before the end of the FY.

That would be quite troubling, since it would imply that EB1 might not only use their own allocation, but also any spare visas from EB4.

In turn, that would mean EB1 could not contribute any FD to EB2.

It doesn't seem feasible for EB2-I to reach 7.5k visas without some contribution from EB1, given what we suspect about EB2-WW demand and what is already known about EB5 demand.

If EB1 does in fact run out of visas, EB2-IC are likely to be internally made Unavailable for the rest of the FY. Depending on how many approvals have already been made under EB2-IC, it might also mean that insufficient visas remain for the EB2-WW demand and cases will be shifted to a FY2016 approval.

The fact that the number of visas left in EB1/EB2 is being discussed this early suggests CO has done a pretty good job in ensuring no wastage in those categories.

It's a shame CO didn't move EB3-I a month earlier - I think most of the approvals in September will be from EB3. USCIS should have ample capacity to deal with those if there are relatively few visas left in the other EB Categories.

I would stress again that this is almost certainly overreaching based on a single Trackitt post.

[ROCK72]

Maybe this is another proof of that happening....

http://www.trackitt.com/usa-discussion-forums/i485-eb/1585958851/still-waiting-for-i-485-approval-eb1-past-9/page/last_page

[suninphx]

I don't usually post items like this, but I think it is interesting enough to do so.

I put it firmly in the "unsubstantiated rumour" bucket.

I saw this posting on Trackitt www.trackitt.com/usa-discussion-forums/i485-eb/1549342697/-i-485-filers-nsc-jan-2015/page/7 about his I-485 pending under EB1B.



It's interesting that the person has quoted the USCIS reply and that it appears USCIS are already concerned about EB1 visas being exhausted at some point before the end of the FY.

That would be quite troubling, since it would imply that EB1 might not only use their own allocation, but also any spare visas from EB4.

In turn, that would mean EB1 could not contribute any FD to EB2.

It doesn't seem feasible for EB2-I to reach 7.5k visas without some contribution from EB1, given what we suspect about EB2-WW demand and what is already known about EB5 demand.

If EB1 does in fact run out of visas, EB2-IC are likely to be internally made Unavailable for the rest of the FY. Depending on how many approvals have already been made under EB2-IC, it might also mean that insufficient visas remain for the EB2-WW demand and cases will be shifted to a FY2016 approval.

The fact that the number of visas left in EB1/EB2 is being discussed this early suggests CO has done a pretty good job in ensuring no wastage in those categories.

It's a shame CO didn't move EB3-I a month earlier - I think most of the approvals in September will be from EB3. USCIS should have ample capacity to deal with those if there are relatively few visas left in the other EB Categories.

I would stress again that this is almost certainly overreaching based on a single Trackitt post.

So much for a single trackitt post. I hope someday Spec will find out some positive news about EB2I

[migo79]

Spec:
Thanks for sharing, I think CO pointed the aggressive use of EB1 in his latest communication with AILA so i assume the trackitt post is correct.

sunni
I'm always an optimistic man but honestly i don't see any glimmer of hope in sight for EB2I :(((, The high consumption of other preference categories essentially killed any hope of EB2I progress.
This will always be the case i'm afraid unless the demand for the other categories fall and more visa can be pushed toward EB2I.

For EB3I it is a different story i believe because of the relatively low demand from WW, EB3I *should* have a good FY16. YTeleven has made a good chart here (https://drive.google.com/file/d/0B89CvsiXVO92NE5OT2lnaGdrSmM/edit).

The situation in EBI is quite fragile as any downgrade from EB2I to EB3I could just jeopardize both categories, i don't think this will be an immediate problems since currently Eb3I only reached July 2007 and EB2I already passed that but if any inventory build up will happen for EB3I it will be very interesting to see how this will develop, it will be like this in my opinion:

Very High EB2I demand
High EB2WW demand
Low EB3I demand (post 2007)
Low/Modest EB3WW demand.

Thanks.

[Spectator]

So much for a single trackitt post. I hope someday Spec will find out some positive news about EB2Isuninphx,

I think that is a fair enough comment.

I tried to add sufficient warnings about the speculative nature of the post.

At least it stimulated some conversation ;) I admit I did post it a bit to get a reaction. Maybe that was a bit naughty.

Personally, I don't see it happening at all, which makes the USCIS reply very odd.

I meant to say thanks for your previous positive comment - coming from you, it meant a lot.

[suninphx]

suninphx,

I think that is a fair enough comment.

I tried to add sufficient warnings about the speculative nature of the post.

At least it stimulated some conversation ;) I admit I did post it a bit to get a reaction. Maybe that was a bit naughty.

Personally, I don't see it happening at all, which makes the USCIS reply very odd.

I meant to say thanks for your previous positive comment - coming from you, it meant a lot.

Spec,

:)

I guess I have started showing signs of little bit frustration(ok never mind ..lot of it actually) lately, specially after this very disappointing year.

I always had hunch that when you post such news about EB2I you are having a good laugh at your desk ...and today that came true ...:d

Please continue giving practical data and comments...and I will continue to be hopeful reminding myself there is always next year :)

[suninphx]

Spec:
Thanks for sharing, I think CO pointed the aggressive use of EB1 in his latest communication with AILA so i assume the trackitt post is correct.

sunni
I'm always an optimistic man but honestly i don't see any glimmer of hope in sight for EB2I :(((, The high consumption of other preference categories essentially killed any hope of EB2I progress.
This will always be the case i'm afraid unless the demand for the other categories fall and more visa can be pushed toward EB2I.

For EB3I it is a different story i believe because of the relatively low demand from WW, EB3I *should* have a good FY16. YTeleven has made a good chart here (https://drive.google.com/file/d/0B89CvsiXVO92NE5OT2lnaGdrSmM/edit).

The situation in EBI is quite fragile as any downgrade from EB2I to EB3I could just jeopardize both categories, i don't think this will be an immediate problems since currently Eb3I only reached July 2007 and EB2I already passed that but if any inventory build up will happen for EB3I it will be very interesting to see how this will develop, it will be like this in my opinion:

Very High EB2I demand
High EB2WW demand
Low EB3I demand (post 2007)
Low/Modest EB3WW demand.

Thanks.

Yes- EB3I are expected to have great FY'16 and I would be personally very happy if that happens.

[jimmys]

Hi Spec,
Thanks for your detailed analysis and insights. Hope to see EB2-I goes into the later part of 2009 in FY 16.

[CleanSock]

Urgent help needed.

Hi all,
Apologies for posting it here as it has high visibility and the issue is pressing.
One of my friends was employed at an non everfied company and had to quit them when she didn't get H1 this year. In desperate situation, to get OPT extension, she joined a desi consultancy firm. They made her sign a contract that if she leaves within some months she's liable to pay $9000 for the cost incurred by them for her training. Now he has gotten her extension and she resigned. They are threatening her with lawsuit saying if she doesn't pay up then they will make sure her H1B application has problems next year. My questions are, the money they are demanding, is that even legal? It's not like they paid her joining bonus and taking it back. Also, can they really screw her H1B application by another employer next year?

Thank you so much!

[Prabhas]

Clean Sock,

To my knowledge there isnt anything in this country that makes you legally bind to a company, even if your friend has signed a document that is not legal procedure to retain an employee. As long as your friend gives her two weeks notice as per the labor requirement, she has the law on her side no matter what. Also threatening her on H1-B petition is outrageous. Next time ask her to download a 'call recorder' and record the conversation and counter threat these A**holes. That will not just threaten them but if she presents that evidence to Labor Department they could very well go out of business. simply put they cannot impact an H1-B petition and am not even sure how they can do it. USCIS has no time for such squeamishes.

[qesehmk]

CleanSock - I dont like to respond to user A's post about user B's situation. But I will do it one last time and declare that I am not going to answer such questions again because if people don't have courage to post their own problems then they don't deserve any help.

The contract the employee has signed could very well be legally enforceable. I don't see any problem in legality of that contract based on what you told us.

However the threat to damage H1 is blackmailing at best and immigration fraud at worst. You should try to get the employer on record and then report to USCIS.

Be fully transparent with new employer as well as with USCIS. The old employer can't hurt your new H1. He is lying. Good luck!

Urgent help needed.

Hi all,
Apologies for posting it here as it has high visibility and the issue is pressing.
One of my friends was employed at an non everfied company and had to quit them when she didn't get H1 this year. In desperate situation, to get OPT extension, she joined a desi consultancy firm. They made her sign a contract that if she leaves within some months she's liable to pay $9000 for the cost incurred by them for her training. Now he has gotten her extension and she resigned. They are threatening her with lawsuit saying if she doesn't pay up then they will make sure her H1B application has problems next year. My questions are, the money they are demanding, is that even legal? It's not like they paid her joining bonus and taking it back. Also, can they really screw her H1B application by another employer next year?

Thank you so much!

[Prabhas]

Q,

I am not quite sure if one can legally bind someone and enforce them to a work for a period of time since they agreed on the contract except for the two weeks notice as stipulated by the Labor enforcement. That being said any incentives that were agreed at the time of contract could still be prorated/charged if agreed on the contract but I highly doubt on having someone work for a six-months or whatever the period is as agreed in a contract. That contract in itself is illegal to my knowledge.I could be wrong. I closely work with HR department and bounced this off of a colleague and she felt the same.

[qesehmk]

Thanks Prabhas. If you verified with an HR person in US then that person probably is right.

But based on my "common" knowledge not as an HR person - you can have a contract chalked out any way including duration. Most of the times contract based work from employer stand point should be worded around milestones rather than duration because in US you can work for as many employers as you want even on H1 as long as you have multiple H1s. So an employer will have to put a separate clause from prohibiting you from taking any other employment - which I am sure in this case the employer hasn't necessarily done.

So in this case CleanSock's friend can technically not violate her contract - stay with Employer 1 - draw salary and not work at all while working for employer B.

But going back to the question whether you can legally hold somebody to a duration of period - i am not aware of any law in US that prohibits employers from doing that.

Can you please ask your HR friend which law may prevent it.

Q,

I am not quite sure if one can legally bind someone and enforce them to a work for a period of time since they agreed on the contract except for the two weeks notice as stipulated by the Labor enforcement. That being said any incentives that were agreed at the time of contract could still be prorated/charged if agreed on the contract but I highly doubt on having someone work for a six-months or whatever the period is as agreed in a contract. That contract in itself is illegal to my knowledge.I could be wrong. I closely work with HR department and bounced this off of a colleague and she felt the same.

[Prabhas]

I did Q, and she said she would have to reach out to the lawyer and the more I grilled her she grew suspicious on me, as if I was going through the issue. But will share any inputs if I find more, but for Cleansock - please run this by your lawyer to doubly ensure you are in a safe zone.

V


Thanks Prabhas. If you verified with an HR person in US then that person probably is right.

But based on my "common" knowledge not as an HR person - you can have a contract chalked out any way including duration. Most of the times contract based work from employer stand point should be worded around milestones rather than duration because in US you can work for as many employers as you want even on H1 as long as you have multiple H1s. So an employer will have to put a separate clause from prohibiting you from taking any other employment - which I am sure in this case the employer hasn't necessarily done.

So in this case CleanSock's friend can technically not violate her contract - stay with Employer 1 - draw salary and not work at all while working for employer B.

But going back to the question whether you can legally hold somebody to a duration of period - i am not aware of any law in US that prohibits employers from doing that.

Can you please ask your HR friend which law may prevent it.

[qesehmk]

Thanks Prabhas.
I did Q, and she said she would have to reach out to the lawyer and the more I grilled her she grew suspicious on me, as if I was going through the issue. But will share any inputs if I find more, but for Cleansock - please run this by your lawyer to doubly ensure you are in a safe zone.

V

[CleanSock]

Thanks a lot prabhas and Q for all your help. The issue is still on going. She was never provided any training as she was an experienced hire. I am not sure how liable she is for that cost.

She is currently talking to an attorney as well.


I did Q, and she said she would have to reach out to the lawyer and the more I grilled her she grew suspicious on me, as if I was going through the issue. But will share any inputs if I find more, but for Cleansock - please run this by your lawyer to doubly ensure you are in a safe zone.

V

[jimmys]

USCIS Performance Report for 3rd quarter released.

http://www.uscis.gov/tools/reports-studies/immigration-forms-data/data-set-all-uscis-application-and-petition-form-types

[Toeny9]

Hello all new to this form

I want to ask all the experts on this forms when you guys anticipate EB2 fresh inventory build up after 2016 ??

Is there any chance of Jan 2011 Priority date coming close in 2016 ?? or what date u guys anticipate it will become current thanks

[imdeng]

From Greg Siskind's tweet: http://www.morganlewis.com/pubs/significant-change-to-us-department-of-state-visa-bulletin


It is our understanding that the State Department intends to create two separate categories of cut-off dates, both of which would be reflected in each monthly Visa Bulletin. The first, an “approval” cut-off date, would function as the current cut-off date does and would regulate when an adjustment application or immigrant visa application may be approved. The second, an “acceptance” cut-off date, would regulate when an adjustment of status application may be filed and would allow the filing of such an application, provided that the foreign national’s priority date is before the relevant acceptance cut-off date. Once the adjustment application is filed, the foreign national would be eligible for the secondary benefits available to adjustment of status applicants, including employment authorization documents, advance parole authorizations, and I-140 immigrant petition portability.

It is likely that the “acceptance” cut-off dates will be several years before the “approval” cut-off dates in the China/India EB categories, with the result being that a large number of nationals from these countries will be able to file adjustment applications immediately once the Visa Bulletin containing the new acceptance cut-off dates becomes effective.

[Jonty Rhodes]

From Greg Siskind's tweet: http://www.morganlewis.com/pubs/significant-change-to-us-department-of-state-visa-bulletin

If this happens, it will give relief to lot of people like me (PD - May, 2011 EB2I) as they will be able to file I-485 and get EAD. Lets wait for the details.

[qesehmk]

From Greg Siskind's tweet: http://www.morganlewis.com/pubs/significant-change-to-us-department-of-state-visa-bulletin

There is a typo there. The word "Before" should probably be read as "After".

It is likely that the “acceptance” cut-off dates will be several years before the “approval” cut-off dates in the China/India EB categories, with the result being that a large number of nationals from these countries will be able to file adjustment applications immediately once the Visa Bulletin containing the new acceptance cut-off dates becomes effective.

[mechanical13]

Hello all new to this form

I want to a....

... what date u guys anticipate it will become current thanks

The way things are going, I would say ~2020+ - sorry for the pessimism man, but that's bad the situation is. It could be earlier if DoS decided to be a little merciful and incorporate the dual cut-off date system that has been discussed.

I've asked this question multiple times in the past and have finally stopped caring. So..one word of advice - don't let your wait for PD=current hold up any important life decision. A majority of the GCs issued by the US goes to semi-illiterate family based people, so keep that in perspective. Just my $0.02.

[CleanSock]

Wouldn't this require them to go through rule making process? If so, it could be years before this gets implemented.
Not sure if we should even be expecting anything in this bulletin on this.



If this happens, it will give relief to lot of people like me (PD - May, 2011 EB2I) as they will be able to file I-485 and get EAD. Lets wait for the details.

[Immigo]

Per Greg Siskind, Visa bulletin will be out tomorrow - https://twitter.com/gsiskind/status/641416162291646464 . Good luck to everyone.

[tatikonda]

Per Greg Siskind, Visa bulletin will be out tomorrow - https://twitter.com/gsiskind/status/641416162291646464 . Good luck to everyone.

not to spoil the sport but at the same time, he also twitted.
"with the White House's goal of giving the benefits of adjustment much earlier. But no way to tell until tomorrow. pt. 4"

[delguy]

I don't think he knows the exact date when it is going to come out. He is merely guessing. The visa bulletin will come out eventually. Can be today, tomorrow or Friday. greg is getting free publicity by claiming to know that it is coming out today.


not to spoil the sport but at the same time, he also twitted.
"with the White House's goal of giving the benefits of adjustment much earlier. But no way to tell until tomorrow. pt. 4"

[delguy]

Bulletin is out
http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

[delguy]

For India:

EB-2: 01-JUL-2011 for adjustment of status
EB-3: 01-JUL-05 for adjustment of status

[mechanical13]

For India:

EB-2: 01-JUL-2011 for adjustment of status
EB-3: 01-JUL-05 for adjustment of status

WOW !!! Finally, some form of fairness to an insane system!

[imdeng]

So - Inventory building with a twist is here. Interesting.

[whereismygc]

Congratulations to all those who can file 485 next month.

To celebrate this please accept this Free access code for WhereismyGC forecast.

The code is nbc6jTOfvM

Please use the tool at http://www.qesehmk.org/forums/content.php?tabid=73

[Airbender]

For India:

EB-2: 01-JUL-2011 for adjustment of status
EB-3: 01-JUL-05 for adjustment of status


To help the slower one in the class, can somebody explain what are benefits of AOS ?

Thanks.

[Spectator]

Congratulations to those able to file under the October 2015 VB.

It's important to note that this may be a "one time" opportunity, or for a limited period only.

Normally, AOS applicants seeking to file an I-485 application would not be able to use the new filing table in the VB and would instead have to visit http://www.uscis.gov/visabulletininfo The Filing table in the VB will normally only be for those using Consular Processing.


A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during October for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications.

This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas.

Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov/visabulletininfo.

The reasons for this have been discussed elsewhere. Generally, an I-485 application may not be filed unless a visa is immediately available (INA 245(a)(3)). If it does not meet this criterion, it appears it would be ineligible to be approved.

For the October 2015 VB, it has been "determined" more visas are available than known applicants. There is no guarantee this will be the case in future VB.

Since CP cases are not filing an I-485, the restriction does not apply to them.

The http://www.uscis.gov/visabulletininfo link has just gone active.

[suninphx]

Congratulations to all who will be able to file starting Oct 1. Some good news after long long time.

[mechanical13]

Congratulations to those able to file under the October 2015 VB.

It's important to note that this is likely a "one time" opportunity.



Spec, are you suggesting this is an error on DoS's part, or are you suggesting that it will likely be challenged by some anti-India/China group in the court of law?

It appears to be something that is very deliberate and thought through, so I'm little surprised that you present this word of caution. Do you know something that is not public information?

[mechanical13]

Congratulations to those able to file under the October 2015 VB.

It's important to note that this may be a "one time" opportunity, or for a limited period only.



The http://www.uscis.gov/visabulletininfo link actually has details of the revised two-date approach. So..Spec, are you suggesting this is going to be challenged in court by some pro-lottery of birth bigot?

[suninphx]

Congratulations to those able to file under the October 2015 VB.

It's important to note that this may be a "one time" opportunity, or for a limited period only.

Normally, AOS applicants seeking to file an I-485 application would not be able to use the new filing table in the VB and would instead have to visit http://www.uscis.gov/visabulletininfo The Filing table in the VB will normally only be for those using Consular Processing.



The reasons for this have been discussed elsewhere. Generally, an I-485 application may not be filed unless a visa is immediately available (INA 245(a)(3)). If it does not meet this criterion, it appears it would be ineligible to be approved.

For the October 2015 VB, it has been "determined" more visas are available than known applicants. There is no guarantee this will be the case in future VB.

Since CP cases are not filing an I-485, the restriction does not apply to them.

The http://www.uscis.gov/visabulletininfo link has just gone active.
Spec- any thoughts on why DoS came up with this strategy?

[Spectator]

Spec, are you suggesting this is an error on DoS's part, or are you suggesting that it will likely be challenged by some anti-India/China group in the court of law?

It appears to be something that is very deliberate and thought through, so I'm little surprised that you present this word of caution. Do you know something that is not public information?


The http://www.uscis.gov/visabulletininfo link actually has details of the revised two-date approach. So..Spec, are you suggesting this is going to be challenged in court by some pro-lottery of birth bigot?


Spec- any thoughts on why DoS came up with this strategy?I'm suggesting that DOS/USCIS have thought this through and come up with a solution that allows the dates to be advanced for a short period only.

They are doing so on the basis that they are saying that there are more visas available than the demand they know about. One can argue whether that is the complete truth, but it doesn't matter, since it is entirely defensible as a position. The argument about the use of reasonable estimates was used in Xie vs Kerry (the EB3-C lawsuit).

It isn't however a position that can reasonably be held once the new AOS applications have been received and counted (but that may take some time - wink, wink). It may be an argument they can use at the beginning of each FY, or when SO is released. That should be sufficient to keep the dates moving forward quite nicely.

TBH, I was expecting pre-registration with the submission of a "pre-registration packet". The date when USCIS would accept a pre-registration packet would have been published in the VB, or attached to the EAD for I-140 dates.

That would have been more elegant in many ways (and certainly safer), since it would have sidestepped any issues surrounding when an I-485 could be filed. The benefits (EAD, AP, CSPA protection etc) could have been attached to that submission. It would have then truly been the "AOS version" of the current CP process.

The disadvantage would have been that it would have had to follow the full rule making and comment process to implement it.

I have to applaud DOS/USCIS for making the more difficult choice and giving relief earlier.

Bravo!!

PS There was much talk about 14-18k I-485 being expected as a result of any change. I think it will result in far more than that for EB2-I alone.

I think the filing date for EB3-I is extremely mean, considering there is a reasonable argument that they will receive a lot of FA within EB3 in FY2016 and the number of porters/abandonments is as yet unknown. If the EB2-I date had been set on the same basis, it would be a lot earlier than that seen (IMHO). I say that based on the combination of known Inventory and number of visas likely to be available in FY2016.

It's really good news - enjoy it.

[Jonty Rhodes]

Congratulations to all who will be able to file starting Oct 1. Some good news after long long time.

Suninphx, I am one of those who will qualify to file for I-485 with PD of May 20, 2011. So thanks for the wishes. I don't know why USCIS is adopting this strategy, but I am not complaining.

[gcpursuit]

Suninphx, I am one of those who will qualify to file for I-485 with PD of May 20, 2011. So thanks for the wishes. I don't know why USCIS is adopting this strategy, but I am not complaining.

me too !! Having missed the boat in 2012 and with a PD of June 2009, I am overjoyed to see this. I hope they move further for both EB3 and EB2 who have been stuck for so long.

[mechanical13]

I'm suggesting that DOS/USCIS have thought this through and come up with a solution that allows the dates to be advanced for a short period only.

It's really good news - enjoy it.

Wow Spec, thanks for the detailed explanation. You must have a PhD on this topic!

All makes sense now, and the bottom line is that anyone/everyone who is eligible should apply for AoS ASAP and not lose any time.

[Transformer]

Does anyone know if we need medicals for filing 485 with acceptance date? USCIS/DOS pretty much know that most of the cases in 2010, 2011 will not be approvable any way before the medicals expire. My PD is May 2011 and I am confused if I have to do medicals or not.

[mechanical13]

Does anyone know if we need medicals for filing 485 with acceptance date? USCIS/DOS pretty much know that most of the cases in 2010, 2011 will not be approvable any way before the medicals expire. My PD is May 2011 and I am confused if I have to do medicals or not.

If I have to guess, I would say you need to submit medicals. Since the 'intake' /'acceptance' process is unlikely to be separate, anything that is documentarily missing might automatically trigger an RFE.

I think the NIH, USCIS and the immigration medical documents had a meeting last year, and decided to share revenues generated from this ludicrous exercise, but oh well. Guess getting a titer and paying $200 each year is a small incremental price to pay for what is the lottery of birth...

[suninphx]

I'm suggesting that DOS/USCIS have thought this through and come up with a solution that allows the dates to be advanced for a short period only.

They are doing so on the basis that they are saying that there are more visas available than the demand they know about. One can argue whether that is the complete truth, but it doesn't matter, since it is entirely defensible as a position. The argument about the use of reasonable estimates was used in Xie vs Kerry (the EB3-C lawsuit).

It isn't however a position that can reasonably be held once the new AOS applications have been received and counted. It may be an argument thay can use at the beginning of each FY, or when SO is released.

TBH, I was expecting pre-registration with the submission of a "pre-registration packet". The date when USCIS would accept a pre-registration packet would have been published in the VB, or attached to the EAD for I-140 dates.

That would have been more elegant in many ways (and certainly safer), since it would have sidestepped any issues surrounding when an I-485 could be filed. The benefits (EAD, AP, CSPA protection etc) could have been attached to that submission. It would have then truly been the "AOS version" of the current CP process.

The disadvantage would have been that it would have had to follow the full rule making and comment process to implement it.

I have to applaud DOS/USCIS for making the more difficult choice and giving relief earlier.

Bravo!!

PS There was much talk about 14-18k I-485 being expected as a result of any change. I think it will result in far more than that for EB2-I alone.

I think the filing date for EB3-I is a extremely mean, considering there is a reasonable argument that they will receive a lot of FA within EB3 in FY2016 and the number of porters/abandonments is as yet unknown. If the EB2-I date had been set on the same basis, it would be a lot earlier than that seen (IMHO). I say that based on the combination of known Inventory and number of visas likely to be available in FY2016.

It's really good news - enjoy it.

Spec- thanks for detailed reply.

Does this imply DoS is anticipating more Visa's to be available this year and which may cover date of 1 May 2010? And thats why they are doing this inventory building?

PS: Jonty, gcpursuit- I am not complaining either- my question to Spec was in context to question above.

[suninphx]

YT- you have been predicting inventory building this coming FY. So there it is :)

[Spectator]

Does anyone know if we need medicals for filing 485 with acceptance date? USCIS/DOS pretty much know that most of the cases in 2010, 2011 will not be approvable any way before the medicals expire. My PD is May 2011 and I am confused if I have to do medicals or not.You are no longer required to submit a medical with the I-485 application.

If one is not submitted, USCIS will raise an RFE at the appropriate time.

If the I-693 would likely expire before the Final Action Cut Off Date is expected to be reached, there is no real sense submitting one.


Timing of the Submission of​ the Medical Examination Report​

​The medical examination report may be submitted to USCIS:​

​• Concurrently with the immigration benefit application; or​

​• At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it.​
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

[mesan123]

Congrats Jonty, I also can apply for my 485 Finally...what a relief i cannot explain...


Suninphx, I am one of those who will qualify to file for I-485 with PD of May 20, 2011. So thanks for the wishes. I don't know why USCIS is adopting this strategy, but I am not complaining.

[Spectator]

Spec- thanks for detailed reply.

Does this imply DoS is anticipating more Visa's to be available this year and which may cover date of 1 May 2010? And thats why they are doing this inventory building?

PS: Jonty, gcpursuit- I am not complaining either- my question to Spec was in context to question above.suninphx,

Not in my opinion - but what do I know!

It's sufficient pretext to give the relief.

[Jonty Rhodes]

Spec- thanks for detailed reply.

Does this imply DoS is anticipating more Visa's to be available this year and which may cover date of 1 May 2010? And thats why they are doing this inventory building?

PS: Jonty, gcpursuit- I am not complaining either- my question to Spec was in context to question above.

Didn't mean that you were complaining either. Congrats to you also and everyone else who can file for AOS. :)

[suninphx]

suninphx,

Not in my opinion - but what do I know!

It's sufficient pretext to give the relief.

:) ..lets enjoy the good news

[kuku82]

Looks like I'm going to miss the boat on this one, almost 2nd time :(

My PD is Oct 2010, but the company split and I got moved to the other company. And they are going to file new PERM next month thru the other company. Can't use successor-in-interest relationship as per lawyer for reasons I don't understand.

Is there a way I can file for AOS now, and then use AC21 with "other" company?

[gcpursuit]

Spec- thanks for detailed reply.

Does this imply DoS is anticipating more Visa's to be available this year and which may cover date of 1 May 2010? And thats why they are doing this inventory building?

PS: Jonty, gcpursuit- I am not complaining either- my question to Spec was in context to question above.

oh no. Didn't mean that you were complaining about it. I am happy it happened ( for whatever reason ) to help some people at least if not all.

[Jonty Rhodes]

:) ..lets enjoy the good news

Have a quick question. May be it is a stupid question. But I still think I need to clarify this. There are several people on trackitt who are claiming that you can only apply for EAD and AP with acceptance cut-off date and not file I-485.

I thought that you can file for I-485, EAD and AP all together with acceptance cut-off date since you can't apply for EAD and AP separately on their own without an accompanying I-485 (yes you can file EAD and AP later after filing for I-485 but you still have to file I-485 before you send your EAD and AP applications). I understand that if the immigrant visa numbers are not available, you will get EAD and AP but won't get a GC. Also, I can file for I-693 if I want to but it is not mandatory right now. I will get an RFE from USCIS for not filing I-693 and I can submit my medicals then.

Can you or someone clarify on this please?

[Spectator]

Have a quick question. May be it is a stupid question. But I still think I need to clarify this. There are several people on trackitt who are claiming that you can only apply for EAD and AP with acceptance cut-off date and not file I-485.

I thought that you can file for I-485, EAD and AP all together with acceptance cut-off date since you can't apply for EAD and AP separately on their own without an accompanying I-485 (yes you can file EAD and AP later after filing for I-485 but you still have to file I-485 before you send your EAD and AP applications). I understand that if the immigrant visa numbers are not available, you will get EAD and AP but won't get a GC. Also, I can file for I-693 if I want to but it is not mandatory right now. I will get an RFE from USCIS for not filing I-693 and I can submit my medicals then.

Can you or someone clarify on this please?Jonty,

I saw that as well (when the site would actually load).

As far as I am concerned, the date governs filing an I-485, of which EAD and AP are a benefit.

I'd go as far as to say anyone only filing for EAD/AP will have the application rejected. There has to be a basis for it. For filing based on an I-485, it's (c)(9) if I remember correctly.

There are a few other totally incorrect posts as well, but I won't give them the oxygen of publicity.

[mrdeeds]

You are no longer required to submit a medical with the I-485 application.

If one is not submitted, USCIS will raise an RFE at the appropriate time.

If the I-693 would likely expire before the Final Action Cut Off Date is expected to be reached, there is no real sense submitting one.


http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

Spec, not sure how you do it but you are amazing! I had this question about medicals to my attorney (Mur***) within minutes of the VB along with a link to the policy manual timing section and they said that they still advise submitting medicals with AOS applications 'at this time'. Emphasis in quotes is mine.

I see your logic which is what everyone wonders about but..I am not going to worry about a couple of hundred dollars given the risk / benefit.

Congratulations to everyone who will be able to file!

[saagar_is_cool]

Spec or Gurus,

I am confused with the current bulletin. My PD is April 17 2009. I filed my 485 and got EAD/AP in Sept 2015. Is the current bulletin helpful to me in any way? Can I expect to get GC ? Do I do any SR/Senator/Congressman etc. to expedite approval? Or does it not apply to me at all ?

[Jonty Rhodes]

Spec or Gurus,

I am confused with the current bulletin. My PD is April 17 2009. I filed my 485 and got EAD/AP in Sept 2015. Is the current bulletin helpful to me in any way? Can I expect to get GC ? Do I do any SR/Senator/Congressman etc. to expedite approval? Or does it not apply to me at all ?

I don't think so since the approval dates are still stuck at 05/01/2005. You already have EAD and AP which you can keep renewing and also have benefit of AC21. So you are not affected by this change and in my opinion, this does not apply to you. This is mainly helpful for those with PDs from May 1, 2010 to June 30, 2011 who have not filed for I-485 so far. You will benefit when the approval cut-off dates would move beyond your priority date so that you are eligible to get an actual GC. In this case, these are acceptance dates only and not approval dates. People under these dates will get GC only if possibly there are additional immigrant visa numbers available (don't know how that's going to happen) and if that happens, then I think your number in getting a GC should be ahead of us since your PD is in 2009.

[Jonty Rhodes]

Jonty,

I saw that as well (when the site would actually load).

As far as I am concerned, the date governs filing an I-485, of which EAD and AP are a benefit.

I'd go as far as to say anyone only filing for EAD/AP will have the application rejected. There has to be a basis for it. For filing based on an I-485, it's (c)(9) if I remember correctly.

There are a few other totally incorrect posts as well, but I won't give them the oxygen of publicity.


Thanks Spec. That's what I thought but just got little confused because of conflicting posts on trackitt.

[Spectator]

Spec or Gurus,

I am confused with the current bulletin. My PD is April 17 2009. I filed my 485 and got EAD/AP in Sept 2015. Is the current bulletin helpful to me in any way? Can I expect to get GC ? Do I do any SR/Senator/Congressman etc. to expedite approval? Or does it not apply to me at all ?saagar_is_cool,

The new DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS are of no concern to you, since you have already filed your I-485.

You now have to wait for the APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES to surpass your PD, at which time your I-485 will become eligible for approval.

PS I assume you filed in Sept 2014, when the dates were current for your PD.

[anuprab]

saagar_is_cool,

The new DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS are of no concern to you, since you have already filed your I-485.

You now have to wait for the APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES to surpass your PD, at which time your I-485 will become eligible for approval.

PS I assume you filed in Sept 2014, when the dates were current for your PD.

Spec,

I have a question. Way back in 2007 my husband and I filed under my primary application with EB3 -I PD June 2006 date. After that his company has filed his EB2 case with May 2010 PD. Now he becomes eligible to go on his own and have job portability. We didn't want to kill the EB2 option so he didn't move even though he has filed for AOS in 2007. Can we do interfiling based on this VB, what happens when EB3 final dates reach 2006. Can USCIS then consider my application as primary?

[HarepathekaIntezar]

Spec, Just curious if the USCIS will 'Approve' approximately 12K Visas every month (including Fall Across and Spill Overs)? This would mean a steady movement of 'Approval Dates' every month till say June every year and then swing based on the true-up of Visas to the Per Country Limit?

[HarepathekaIntezar]

Spec,

I have a question. Way back in 2007 my husband and I filed under my primary application with EB3 -I PD June 2006 date. After that his company has filed his EB2 case with May 2010 PD. Now he becomes eligible to go on his own and have job portability. We didn't want to kill the EB2 option so he didn't move even though he has filed for AOS in 2007. Can we do interfiling based on this VB, what happens when EB3 final dates reach 2006. Can USCIS then consider my application as primary?

Looks like you are stuck in both the ques. Just wait it out for 3 months and you will know the trend of Spill Overs

[Aurora]

Hi All,

Congrats all for the new VB dates. Don't know if this is right thread to post this.

Below is the list of doc's and other stuff required to file I485. Appreciate if you can append/update if anything else required.

The only documents required for filing 485 are as follws .

1. G-325 Information Sheet- Each adult,
2. Six passport pictures for each family members
3. Sealed Envelop of Medical Examination. For USCIS authorized doctors. (If you are sending medicals)
4. Copy of all previous visa approval notice and related document (i.e. I-20 for F-1 visa holder, I-797 for E-2, H-1B…)
5. Copy of the latest I-94 (US entry arrival /departure record)
6. Copy of all the pages of passport, including empty pages
7. Copy of Driver’s license, if any
8. Copy of Birth Certificate or Family Register showing name, date of birth, place of birth and parent names
9. Evidence of marital status (Marriage License, Divorce Certificate, if applicable)
10. Filing Checks for each family members: Payable to U.S. Department of Homeland Security
• $1070 for adults (per each)
• $635 for under 14 years child


Thanks!

[Spectator]

Spec, Just curious if the USCIS will 'Approve' approximately 12K Visas every month (including Fall Across and Spill Overs)? This would mean a steady movement of 'Approval Dates' every month till say June every year and then swing based on the true-up of Visas to the Per Country Limit?By law, there is a limit of 27% of total EB visas in each of the first 3 quarters.

That equates to 37,800 per quarter, or 12,600 per month.

By regulation, not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

That would equate to a maximum of 14,000 for October.

Those limits, as it relates to EB have to account for all approvals (AOS and CP) for all Categories and Countries.

I'm starting to suspect part of the reason EB2-I is so retrogressed for October is that a large number of cases for other Categories and Countries are also waiting for October (the new FY) to resume approvals and there may not be the scope to allocate extra visas to EB2-I in October itself.

That's very speculative by the way. My opinion may change depending on what I see during the remainder of this week and the beginning of next week.

[kuku82]

I assume employment verification letter is required?


Hi All,

Congrats all for the new VB dates. Don't know if this is right thread to post this.

Below is the list of doc's and other stuff required to file I485. Appreciate if you can append/update if anything else required.

The only documents required for filing 485 are as follws .

1. G-325 Information Sheet- Each adult,
2. Six passport pictures for each family members
3. Sealed Envelop of Medical Examination. For USCIS authorized doctors. (If you are sending medicals)
4. Copy of all previous visa approval notice and related document (i.e. I-20 for F-1 visa holder, I-797 for E-2, H-1B…)
5. Copy of the latest I-94 (US entry arrival /departure record)
6. Copy of all the pages of passport, including empty pages
7. Copy of Driver’s license, if any
8. Copy of Birth Certificate or Family Register showing name, date of birth, place of birth and parent names
9. Evidence of marital status (Marriage License, Divorce Certificate, if applicable)
10. Filing Checks for each family members: Payable to U.S. Department of Homeland Security
• $1070 for adults (per each)
• $635 for under 14 years child


Thanks!

[suninphx]

Spec- is there a possibility that DoS knows about large FB visas coming to EB? I just can't get my head around timing of this move by them. There must be something which has prompted this. Any speculations?

[kuku82]

Spec - are you hinting they could in theory maintain the July2011 date throughout the FY or even advance it using this?


It isn't however a position that can reasonably be held once the new AOS applications have been received and counted (but that may take some time - wink, wink). It may be an argument they can use at the beginning of each FY, or when SO is released. That should be sufficient to keep the dates moving forward quite nicely.

[SV2007]

Hi All / Spec / YTEleven - EB3I approval/ acceptance dates are a major disappointment. As a lot of us are anticipating Fall across to EB3I in 2016 and the approval dates to move into 2007, an acceptance date of somewhere in 2008 would have been reasonable. EB3I retrogression is also another shocker. What would you think is the rationale behind the poor movement for EB3I.

Where can we anticipate EB3I approval and acceptance dates to end up in the next 3 - 4 quarters? Any thoughts?

[gs1968]

Suninphx, I am one of those who will qualify to file for I-485 with PD of May 20, 2011. So thanks for the wishes. I don't know why USCIS is adopting this strategy, but I am not complaining.

Congratulations from a fellow physician! Quite a few of us keep coming back everyday just to hear good things happen to patient people in this forum.

To Spec and other seniors

One of the points I wanted to note is a similar process being applied to the family based categories also. The DoS has always maintained that demand in other countries is hard to estimate thereby resulting in suboptimal utilization of the FB visa ceiling of 226000 annually. The advancement of both acceptance and approval dates of FB categories needs to be closely monitored as spillover to EB categories may be decreased due to more efficient distribution of FB visas. Although the EB category has benefited from this, my feeling is that this two-tier bulletin system is to help move the FB categories along.

[HarepathekaIntezar]

Spec- is there a possibility that DoS knows about large FB visas coming to EB? I just can't get my head around timing of this move by them. There must be something which has prompted this. Any speculations?

I suspect that the 'Acceptance Date' is a double edged sword. While it does give relief to most backlogged countries in EB Category, it also reduces the Spillover of FB Visas to EB because the FB Category also has 'Acceptance Date' and that would result in maximum usage of FB Visas leaving no Spillover to EB Category.

[HarepathekaIntezar]

By law, there is a limit of 27% of total EB visas in each of the first 3 quarters.

That equates to 37,800 per quarter, or 12,600 per month.

By regulation, not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

That would equate to a maximum of 14,000 for October.

Those limits, as it relates to EB have to account for all approvals (AOS and CP) for all Categories and Countries.

I'm starting to suspect part of the reason EB2-I is so retrogressed for October is that a large number of cases for other Categories and Countries are also waiting for October (the new FY) to resume approvals and there may not be the scope to allocate extra visas to EB2-I in October itself.

That's very speculative by the way. My opinion may change depending on what I see during the remainder of this week and the beginning of next week.

I agree with you about large number of cases in ROW that are waiting for approval in EB2. But that is not the case with ROW EB3, which is almost current and the very fact that they opened the flood gates for India in EB3 for FY15 means that the situation will continue into the FY16. But apart from this, I do not see anything alarming in Retrogression of Dates in October VB as it is a standard feature of every October VB.

The Question I had was - If they have targeted to 'Approve' say 14K Visas in October, what will happen if they do not have enough cases within the Current PD's of respective Categories? Will they SO/FA and use up the balance Visas in October itself or carry them over to November? If they carry them over, till what month will they carry over before SO/FA to Backlogged countries? Will it be a monthly feature or Quarterly feature?

[Spectator]

I agree with you about large number of cases in ROW that are waiting for approval in EB2. But that is not the case with ROW EB3, which is almost current and the very fact that they opened the flood gates for India in EB3 for FY15 means that the situation will continue into the FY16. But apart from this, I do not see anything alarming in Retrogression of Dates in October VB as it is a standard feature of every October VB.

The Question I had was - If they have targeted to 'Approve' say 14K Visas in October, what will happen if they do not have enough cases within the Current PD's of respective Categories? Will they SO/FA and use up the balance Visas in October itself or carry them over to November? If they carry them over, till what month will they carry over before SO/FA to Backlogged countries? Will it be a monthly feature or Quarterly feature?The last time EB2-I saw an October VB COD that was retrogressed from the September VB COD was in 2008. For EB3-I, it is sometime before 2005. This time it probably reflects that the EB3-I COD was pushed far ahead of what the available visa numbers were in September. As a result, many cases will fall through to FY2016 necessitating retrogression.

In October, DOS/USCIS can't approve cases that are not earlier than the Final Action COD.

So even, for instance, if approvals in EB3 for other Countries were low in October, only EB3-I cases with a PD earlier than 08MAR04 could receive approvals. I'm not convinced that will be the case - the last USCIS Inventory showed a fairly large number of EB3-WW cases awaiting final adjudication.

The law talks about potential SO release only per quarter. It remains to be seen whether DOS will move to a quarterly SO release model. There are dangers, as well as advantages to doing so.

The changes do nothing to make it easier to determine the numbers of cases in a situation where the COD is Current or near current. That is determined by USCIS processing the I-140 petitions, which in turn is largely determined by DOL's processing of PERM (for most EB2/EB3 cases).

Even if USCIS start passing information about approved I-140 to DOS, there are a large number of pending I-140 yet to be adjudicated (of Category and Country unknown to us). The number has generally been rising over the last 2 years. It reached a low point in September 2013 (7.2k) and stood at 33k at the end of Q3 FY2015 according to USCIS own figures. It hasn't really been that high since 2009. If those numbers come down, then the numbers of I-485 in the Inventory will rise where an I-485 has been already been, or is, filed (since the Inventory only shows I-485 associated with an approved I-140 petition).

[HarepathekaIntezar]

The last time EB2-I saw an October VB COD that was retrogressed from the September VB COD was in 2008. For EB3-I, it is sometime before 2005. This time it probably reflects that the EB3-I COD was pushed far ahead of what the available visa numbers were in September. As a result, many cases will fall through to FY2016 necessitating retrogression.

In October, DOS/USCIS can't approve cases that are not earlier than the Final Action COD.

So even, for instance, if approvals in EB3 for other Countries were low in October, only EB3-I cases with a PD earlier than 08MAR04 could receive approvals. I'm not convinced that will be the case - the last USCIS Inventory showed a fairly large number of EB3-WW cases awaiting final adjudication.

The law talks about potential SO release only per quarter. It remains to be seen whether DOS will move to a quarterly SO release model. There are dangers, as well as advantages to doing so.

The changes do nothing to make it easier to determine the numbers of cases in a situation where the COD is Current or near current. That is determined by USCIS processing the I-140 petitions, which in turn is largely determined by DOL's processing of PERM (for most EB2/EB3 cases).

Even if USCIS start passing information about approved I-140 to DOS, there are a large number of pending I-140 yet to be adjudicated (of Category and Country unknown to us). The number has generally been rising over the last 2 years. It reached a low point in September 2013 (7.2k) and stood at 33k at the end of Q3 FY2015 according to USCIS own figures. It hasn't really been that high since 2009. If those numbers come down, then the numbers of I-485 in the Inventory will rise where an I-485 has been already been, or is, filed (since the Inventory only shows I-485 associated with an approved I-140 petition).

I agree. Given the still opaque new process, I somehow get the impression that the 'Acceptance Date' is prospective in nature and 'Approval Date' is retrospective. The reason I think it is retrospective is because that is the date the USCIS seems to say that they have 'Approved' cases before that PD. The 'Acceptance Date' sounds like the USCIS is telling us they are planning to 'Approve' cases upto that date in the next 1 year (because Medicals is valid only for 1 year). I also think the USCIS is delaying adjudicating the I-140 cases intentionally so that DOS can clear off the heavily backlogged cases and get past the July 2007 surge cases.

[SV2007]

From your analysis, the only item that is falling out of place is EB3I acceptance date of July 2005. Seniors on this thread and also the gc tracker on this site, predict EB3I to move unto 2007 in 2016. Infact, it appears the chances of EB3I moving into 2007 is higher than EB2I moving into 2011 in the year 2016. Shouldn't EB3I acceptance date be prospectively set to somewhere in 2008?

[jimmar]

Sorry if i'm posting in the wrong thread, would like to get some thoughts from experts.

My priority date is May-2011 (EB2), wife priority date is Oct-2009 (EB2). We both are FTE's of two different companies. Is there any advantage of filing two 485's, one with my wife as primary and second one with myself as primary? I think two 485's will give us more flexibility with future job situations (if one of us looses the job or stop working, we can continue on with other persons 485). Please share your thoughts.

As per some other forum posts, USCIS will merge both cases at the time of approving the one that has the earliest priority date, so as far as the processing is concerned, it shouldn't cause any delays.

[imdeng]

You are right that EB3I acceptance date of July 2005 is too conservative. However, most of EB3I before 2007 should have fils 485 already courtesy of the 07/07 event - so perhaps it does not make much difference.

The actual approval date should go into 2007 or quite near it in FY16. That's what matters for EB3I. EB2I is a different case as folks in late 2010 and 2011 will have the first opportunity to file 485.

From your analysis, the only item that is falling out of place is EB3I acceptance date of July 2005. Seniors on this thread and also the gc tracker on this site, predict EB3I to move unto 2007 in 2016. Infact, it appears the chances of EB3I moving into 2007 is higher than EB2I moving into 2011 in the year 2016. Shouldn't EB3I acceptance date be prospectively set to somewhere in 2008?

[imdeng]

I would do both - but then I am extremely risk averse in immigration type matters.

Sorry if i'm posting in the wrong thread, would like to get some thoughts from experts.

My priority date is May-2011 (EB2), wife priority date is Oct-2009 (EB2). We both are FTE's of two different companies. Is there any advantage of filing two 485's, one with my wife as primary and second one with myself as primary? I think two 485's will give us more flexibility with future job situations (if one of us looses the job or stop working, we can continue on with other persons 485). Please share your thoughts.

As per some other forum posts, USCIS will merge both cases at the time of approving the one that has the earliest priority date, so as far as the processing is concerned, it shouldn't cause any delays.

[qesehmk]

I'd second imdeng. It doesn't hurt to file two separate and be primary and secondary on them - just in case.
Sorry if i'm posting in the wrong thread, would like to get some thoughts from experts.

My priority date is May-2011 (EB2), wife priority date is Oct-2009 (EB2). We both are FTE's of two different companies. Is there any advantage of filing two 485's, one with my wife as primary and second one with myself as primary? I think two 485's will give us more flexibility with future job situations (if one of us looses the job or stop working, we can continue on with other persons 485). Please share your thoughts.

As per some other forum posts, USCIS will merge both cases at the time of approving the one that has the earliest priority date, so as far as the processing is concerned, it shouldn't cause any delays.

[qesehmk]

Shouldn't EB3I acceptance date be prospectively set to somewhere in 2008?
Only if we knew the rationale behind the two tier system and what is going to drive the acceptance date cut off. DoS hasn't addressed the latter. The first is obvious but I'd still like to hear it from the horse's mouth.

So my 2 cents on the acceptance date - don't agonize too much over it. They are only marginally beneficial. The elephant in the room is country quota and overall limits.

[anuprab]

I'd second imdeng. It doesn't hurt to file two separate and be primary and secondary on them - just in case.

I am in the same boat but my husband's Aos was already filed in 2007 under my EB3 PD. What our lawyers are suggesting is interfile rather than file another 485 for him separately because this leads to too many files and delays. Also one cant have multiple 485s pending. So if you already have filed Aos send a letter for interfiling now. I am sure the lawyers know how to handle this.

[HarepathekaIntezar]

From your analysis, the only item that is falling out of place is EB3I acceptance date of July 2005. Seniors on this thread and also the gc tracker on this site, predict EB3I to move unto 2007 in 2016. Infact, it appears the chances of EB3I moving into 2007 is higher than EB2I moving into 2011 in the year 2016. Shouldn't EB3I acceptance date be prospectively set to somewhere in 2008?

Totally agree with you on that one. We would definitely need some transparency on the new methodology.

[jimmar]

Thanks a lot Q, imdeng and anuprab.

[Kanmani]

Q , imdeng and jimmar,

There is a memorandum which prohibits duplicate I-485 applications in the same or different category under EB. I have posted the same long back, at the time of EB3 porting discussions.

Congratulations to all, who are current under new acceptance date. Happy for long timers Jonty and Kd2008.

[qesehmk]

Thanks Kanmani - I haven't seen the memo - but if you could check it up for everybody - can you please clarify - what constitutes duplicate?

Can person A file one primary and one secondary (i.e. beneficiary) ?? Would that be considered duplicate?

My gut feel is that that shouldn't be considered duplicate. But it would be good to confirm.



Q , imdeng and jimmar,

There is a memorandum which prohibits duplicate I-485 applications in the same or different category under EB. I have posted the same long back, at the time of EB3 porting discussions.

Congratulations to all, who are current under new acceptance date. Happy for long timers Jonty and Kd2008.

[Kanmani]

Thanks Kanmani - I haven't seen the memo - but if you could check it up for everybody - can you please clarify - what constitutes duplicate?

Can person A file one primary and one secondary (i.e. beneficiary) ?? Would that be considered duplicate?

My gut feel is that that shouldn't be considered duplicate. But it would be good to confirm.

Q, I am sure that duplicates are not allowed, that is where interfiling comes into play. If unwilling to interfile, USCIS warns to withdraw the second petition whichever not to be proceeded with.

I am away from computer/bookmarks. Spec might have it handy.

[vishnu]

Kanmani - I know you were able to file I-485 back in 2012...I missed by a couple of months, but have optny to file next month (based on new VB system)...

what was the time line like? say application filed oct 1, to getting the notice for finger printing, and then actual approval or receipt of ead/ap combo card

[Kanmani]

Kanmani - I know you were able to file I-485 back in 2012...I missed by a couple of months, but have optny to file next month (based on new VB system)...

what was the time line like? say application filed oct 1, to getting the notice for finger printing, and then actual approval or receipt of ead/ap combo card

Hey Vishnu, Congrats!

Finger printing appointment would vary from case to case coz, it purely depends on the local office's schedule and slots. EAD/AP would take anywhere from 60 to 90 days in general. Finger printing delay would not hurt EAD/AP approval.

[anuprab]

Q, I am sure that duplicates are not allowed, that is where interfiling comes into play. If unwilling to interfile, USCIS warns to withdraw the second petition whichever not to be proceeded with.

I am away from computer/bookmarks. Spec might have it handy.

I am not sure if there is a memo on duplicates not allowed but our lawyer suggested against filing one more 485 for my spouse again as it leads to all sorts of complications. They have said they will interfile with his approved I 140 when dates become current, which they have now in this VB. So will update the forum when I hear back from the lawyers on what they are doing in our case.

Also we already have EAD and APs valid till next yr and a RFE for medicals was also submitted few weeks back based on my EB3 2006 date so no point in submitting all this again and complicate things I guess

[mesan123]

Q , imdeng and jimmar,

There is a memorandum which prohibits duplicate I-485 applications in the same or different category under EB. I have posted the same long back, at the time of EB3 porting discussions.

Congratulations to all, who are current under new acceptance date. Happy for long timers Jonty and Kd2008.


You missed me Kanmani ... I also got a relief now :) ...

[Kanmani]

You missed me Kanmani ... I also got a relief now :) ...

mesan, Congratulations! happy for you friend.

[SV2007]

Makes sense Q, imdeng and harepathekaIntezar. I guess we need to wait for a few more bulletins to see how the acceptance dates and the approval dates pan out.

[kd2008]

Q , imdeng and jimmar,

There is a memorandum which prohibits duplicate I-485 applications in the same or different category under EB. I have posted the same long back, at the time of EB3 porting discussions.

Congratulations to all, who are current under new acceptance date. Happy for long timers Jonty and Kd2008.

Thank you Kanmani! I truly appreciate it. My application packet is almost ready. Supporting docs and photos? Yes. Forms filled out and sent to attorney for approval? Yes. Medical visit done and waiting on the TB test. Also ready with a check for USCIS and attorney :-) Most important thing that both care about!

I'm in a dilemma whether to send my medicals now or wait. Spec, please help! Here is my logic: Have the medicals done and ready but do not send them in - this is hedging. If there is an inkling of finalization dates moving, send in the medicals even before an RFE.

Per: http://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record


Starting June 1, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS. Applicants must also submit Form I-693 to USCIS within one year of the immigration medical examination. USCIS will also provide additional ways to submit Form I-693. As outlined in policy alert PA-2014-005, this updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014.

So this essentially may buy me two years at most.

Many advised me against getting the medicals done since my PD of Sep 2010 is not going to be finalized anytime soon. But there has been so much talk about HR213 and other reforms that one never knows. Better to be ready than not. What are the additional ways to submit I-693 that USCIS says in the above quote?

You all are peach! May you all file papers soon and turn green!

[Jonty Rhodes]

Thank you Kanmani! I truly appreciate it. My application packet is almost ready. Supporting docs and photos? Yes. Forms filled out and sent to attorney for approval? Yes. Medical visit done and waiting on the TB test. Also ready with a check for USCIS and attorney :-) Most important thing that both care about!

I'm in a dilemma whether to send my medicals now or wait. Spec, please help! Here is my logic: Have the medicals done and ready but do not send them in - this is hedging. If there is an inkling of finalization dates moving, send in the medicals even before an RFE.

Per: http://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record



So this essentially may buy me two years at most.

Many advised me against getting the medicals done since my PD of Sep 2010 is not going to be finalized anytime soon. But there has been so much talk about HR213 and other reforms that one never knows. Better to be ready than not. What are the additional ways to submit I-693 that USCIS says in the above quote?

You all are peach! May you all file papers soon and turn green!

I am no expert but I think you should have your medicals done and send it. My PD is May 20, 2011 and I am still going to do the same. I asked my attorney and he said that I need to get medicals done and send it with I-485 as he is not sure what USCIS is planning to do over next 1 year with this strategy. When I asked him how USCIS will get visa numbers for someone like me who has PD of May 20, 2011 when actual approval dates are still in 2005, he said he doesn't know the answer either but he still insisted that I send the medicals.

[vedu]

Q , imdeng and jimmar,

Congratulations to all, who are current under new acceptance date. Happy for long timers Jonty and Kd2008.

Kanmani,

Indeed this is a good news for some of our friends on the forum. But overall, the year was a great disappointment for many people like you, Imdeng, myself included. And retrogressing dates further from Jan 2006 to May 2005 is like rubbing salt into the wound. On top of that, if we listen to Spec's ever pessimistic projections, it seems like there is no light at the end of the tunnel!

Congratulations to all the people who can file I-485 now. But mark my words, after 6 months, all the new found euphoria will be gone! Come join us in another long line!!!

[aquatican]

Hello vedu,
I am preparing my i485 packet. With PD of Jun09 I missed the boat in 2012 and this wait to even file has been so arduous that I almost feel minimal Joy in the ability to file.
I will be happy to get EAD and yes back here in a few months euphoria less to join you as you said. :)


Kanmani,

Indeed this is a good news for some of our friends on the forum. But overall, the year was a great disappointment for many people like you, Imdeng, myself included. And retrogressing dates further from Jan 2006 to May 2005 is like rubbing salt into the wound. On top of that, if we listen to Spec's ever pessimistic projections, it seems like there is no light at the end of the tunnel!

Congratulations to all the people who can file I-485 now. But mark my words, after 6 months, all the new found euphoria will be gone! Come join us in another long line!!!

[jimmar]

My attorney's recommendation is to submit medicals when uscis issues RFE. Following is his recommendation.
You will need to have a Medical Examinations (Form I-693) completed by a designated USCIS civil surgeon before your green card is issued. Note that as USCIS is allowing you to file before a visa number is available and medical forms are only valid for 1-year, we recommend that you do not complete the medical examinations at this time. Rather, when a via number becomes available USCIS will issue a Request for Evidence asking for the medical report. If we submit the medical report at this stage, it will likely expire and you will need to pay to have a new medical examination completed at a later date.

[Kanmani]

Wishes to you guys Kd, Jonty, mesan, aquatican, jimmar, and to all my friends.

Kd, I personally feel sending medicals along with I-485, even though it is not mandatory to do so. There are few cracks rolling around there.

Vedu, I kept GC in hand episode out of my way, back in Jan of this year. Not worth longing for GC anymore. It is what it is.

[qesehmk]

Not worth longing for GC anymore. It is what it is.

Follow your passion Kanmani! Long time after GC people wonder what they lost all those years waiting and waiting and waiting ... While I have had mine for several years now .. I do think that I should've been more fearless in pursuing life and career.

Happy Friday!

[anuprab]

Follow your passion Kanmani! Long time after GC people wonder what they lost all those years waiting and waiting and waiting ... While I have had mine for several years now .. I do think that I should've been more fearless in pursuing life and career.

Happy Friday!

by the time your card comes the fearless passion is gone because you are now old and lost any enthusiasm you had in your 30s...sad state of affairs!

On other note, given the chart created by YTeleven, do experts see any favorable movement for EB3 -India this year. what is going on here and I am sure all experts are scratching their heads as well...

[delguy]

From OH firm;
http://www.immigration-law.com/

*****
Big Caveat: Visa Bulletin reform or I-140/EAD modernization reform may not be all that juicy since it comes with a huge risk. The risk is that such employees can leave job to take a job of other competiting business with valuable information and skills that are crucial after 180 days of I-485 filing! They will be left in the competitive open labor market. There are a lot of workers who have been stuck with the sponsoring employers for years or years, even more than 10 years for EB-3 cases and there will be a lot of competiting businesses sending out sweat winks to join them with much attractive salary, benefits, and better opportunties for their long-term careers. Employers cannot ignore this rsik since it goes more than waste of their money for training for years and paying expensive PERM applications and I-140 petitions.
*****

Funny how he did not mention that this applies to Indians only as ROWs are always current anyway. :mad::mad::mad:

[vedu]

by the time your card comes the fearless passion is gone because you are now old and lost any enthusiasm you had in your 30s...sad state of affairs!


Anuprab,

I have found my own small solution to this long wait...and now I am at peace with myself! There are really only two benefits of a green card, you can work for any company of your choice and keep changing employers if you are not satisfied. Second, maybe you can start your own business! Then I realized the system works in a weird way. Not having a green card may stop you from working for a certain organization, but it doesn't stop you from owning a piece of that business. Thus, I started buying pieces (stocks) of great american businesses feverishly from open market. There is more fun in owning these companies than working for them. And they keep sending me quarterly dividend checks without a miss. Who needs mediocre paychecks when you can get a share in their profits year after year and you don't need a green card for that! And about the second benefit of the green card, why start your own new risky business, when you can easily own the existing great american businesses!!!

[qesehmk]

Vedu

Great Post. Just a few tips to add ..

You can start and own a business in US on ANY visa. There are virtually no restrictions there.

Same goes with owning a house. You can buy a house in US while being a citizen of Cameroon e.g. !! No visa requirements for buying property either.

Anuprab,

I have found my own small solution to this long wait...and now I am at peace with myself! There are really only two benefits of a green card, you can work for any company of your choice and keep changing employers if you are not satisfied. Second, maybe you can start your own business! Then I realized the system works in a weird way. Not having a green card may stop you from working for a certain organization, but it doesn't stop you from owning a piece of that business. Thus, I started buying pieces (stocks) of great american businesses feverishly from open market. There is more fun in owning these companies than working for them. And they keep sending me quarterly dividend checks without a miss. Who needs mediocre paychecks when you can get a share in their profits year after year and you don't need a green card for that! And about the second benefit of the green card, why start your own new risky business, when you can easily own the existing great american businesses!!!

[aquatican]

Wow Just Wow!

We can clearly see who Mr OH works for. So folks who are stuck in GC should be beholden to employer just because they got 'blessed' with the numerical limit applicable to their country.
If anyone still thinks they should use Mr OH's services It would be quite wise to reconsider that decision.



From OH firm;
http://www.immigration-law.com/

*****
Big Caveat: Visa Bulletin reform or I-140/EAD modernization reform may not be all that juicy since it comes with a huge risk. The risk is that such employees can leave job to take a job of other competiting business with valuable information and skills that are crucial after 180 days of I-485 filing! They will be left in the competitive open labor market. There are a lot of workers who have been stuck with the sponsoring employers for years or years, even more than 10 years for EB-3 cases and there will be a lot of competiting businesses sending out sweat winks to join them with much attractive salary, benefits, and better opportunties for their long-term careers. Employers cannot ignore this rsik since it goes more than waste of their money for training for years and paying expensive PERM applications and I-140 petitions.
*****

Funny how he did not mention that this applies to Indians only as ROWs are always current anyway. :mad::mad::mad:

[vedu]

Q,

Thanks for corrections/additions. I have different opinion about owning property, but well...this forum is for discussing immigration issues!


Vedu

Great Post. Just a few tips to add ..

You can start and own a business in US on ANY visa. There are virtually no restrictions there.

Same goes with owning a house. You can buy a house in US while being a citizen of Cameroon e.g. !! No visa requirements for buying property either.

[qesehmk]

Vedu - In case you are interested - my views and experience in buying home in US are here .... (http://www.qesehmk.org/forums/showthread.php/2016-Buying-a-Home)

Summary - hands down it's a great thing particularly for kids. They love their own home.



Q,

Thanks for corrections/additions. I have different opinion about owning property, but well...this forum is for discussing immigration issues!

[vedu]

Q - yeah, I followed that thread a long time back and you have made some convincing points there. But I happen to be a contrarian on that issue.


Vedu - In case you are interested - my views and experience in buying home in US are here .... (http://www.qesehmk.org/forums/showthread.php/2016-Buying-a-Home)

Summary - hands down it's a great thing particularly for kids. They love their own home.

[qesehmk]

Q - yeah, I followed that thread a long time back and you have made some convincing points there. But I happen to be a contrarian on that issue.
Yes of course! It's a very personal decision!

[EB2IndSep09]

Kuku82,

You are not the only one in the boat there is enough company for you.
I am in the same situation and they are yet to file my PERM as my initial PERM location was closed. I reached out to the attorneys and awaiting their response.
My situation is I am with same company but different MSA now, I will keep you posted once I hear back from them.

And congrats to all who will be able to file their AOS moment recoup every drop of sweat and every sigh of frustration you wasted.

Cheers!!


Looks like I'm going to miss the boat on this one, almost 2nd time :(

My PD is Oct 2010, but the company split and I got moved to the other company. And they are going to file new PERM next month thru the other company. Can't use successor-in-interest relationship as per lawyer for reasons I don't understand.

Is there a way I can file for AOS now, and then use AC21 with "other" company?

[suninphx]

Good to see posts from old timers - thanks to date movement.

[Jonty Rhodes]

Vedu

Great Post. Just a few tips to add ..

You can start and own a business in US on ANY visa. There are virtually no restrictions there.

Same goes with owning a house. You can buy a house in US while being a citizen of Cameroon e.g. !! No visa requirements for buying property either.

Q, this post is really to thank you.

With October 2015 VB, I will be able to file for AOS starting October 1st. I can't say that I am not happy but for some reason, I think there are many other things in my life that have given me much more happiness. Q, this is because I listened to your advise and started concentrating more on the job that I held. I was frustrated due to GC wait. I came to US in December 2004, did my MPH on F-1, did my Internal Medicine Training for 3 years from 2007-2010 on H1B, couldn't get the fellowship due to H1B visa and started working in a Hospital. My hospital hired a new lawyer in 2010 and my PERM was delayed for a year and was filed in 2011. With HR3012 passing the House and rapid advancement of dates in 2012, I had started hoping that I would get GC soon. But then dates retrogressed. I became more frustrated as the fellowship seemed a distant dream. I got even more frustrated and started hating my job even though it is a pretty decent one. I actually let a promotion go because I was hoping that if I get a GC soon then I didn't have to commit to my hospital administration by accepting a promotion as they were asking for a 2 year commitment. Then the dates retrogressed even more and I kicked myself for letting that promotion go.

But then one day I read a post from Q where he had advised someone to pursue their life & career goals and keep GC as a secondary thing. It may sound dramatic to some but I felt that may be it was my enlightenment moment. I slowly started taking more interest in the committees that I was a part of. I started giving more time on my job. Today in 2 years, I have achieved much more in my current job and I am at a level where I don't care much if I don't get a fellowship and I don't care much if it takes me few more years to get a GC. I am working full time but on top, I have accepted a position of Medical Director of a new program that my hospital started. I am the Chief Physician Informaticist in my hospital and now working as a Deputy Chief Medical Information Officer on the inpatient side. And now, I have been asked to apply for Executive Medical Director for Acute Care by hospital administration. If I get that position, my current boss will be working under me. All this has happened in last 2 years and I have to heartily thank Q for that simple but effective advise.

I want to tell everyone that this is a fantastic forum and I have not only learned about immigration from here but I have learned much more about other peoples' struggles and started to appreciate my job, my family and many other things that I have. I know that it is not possible for everyone to enjoy their current jobs or move up the ladder, but hang in there my friends with a positive attitude and your time will come.

PS: BTW, we actually built a new house and my wife and my 5 year old enjoy it like anything. I was very resistant initially but I didn't want wait till I get GC which could still take many years.

[qesehmk]

Jonty

Wow! I am glad for your accomplishments.

What this forum, others and I do is throw light on the path. But the entire hardwork of walking on that path is yours and yours alone!

GC will come when it will come. But you will have already achieved more than what you thought GC was going to give you! Its all YOUR success. Thanks for sharing!

Having said that - as I always say - even Gods love to hear their praise. I am just a mortal human being!! You certainly stoked my ego.

Congratulations on the house too! One of the passing rights of an immigrant in this country!

Q, this post is really to thank you.

With October 2015 VB, I will be able to file for AOS starting October 1st. I can't say that I am not happy but for some reason, I think there are many other things in my life that have given me much more happiness. Q, this is because I listened to your advise and started concentrating more on the job that I held. I was frustrated due to GC wait. I came to US in December 2004, did my MPH on F-1, did my Internal Medicine Training for 3 years from 2007-2010 on H1B, couldn't get the fellowship due to H1B visa and started working in a Hospital. My hospital hired a new lawyer in 2010 and my PERM was delayed for a year and was filed in 2011. With HR3012 passing the House and rapid advancement of dates in 2012, I had started hoping that I would get GC soon. But then dates retrogressed. I became more frustrated as the fellowship seemed a distant dream. I got even more frustrated and started hating my job even though it is a pretty decent one. I actually let a promotion go because I was hoping that if I get a GC soon then I didn't have to commit to my hospital administration by accepting a promotion as they were asking for a 2 year commitment. Then the dates retrogressed even more and I kicked myself for letting that promotion go.

But then one day I read a post from Q where he had advised someone to pursue their life & career goals and keep GC as a secondary thing. It may sound dramatic to some but I felt that may be it was my enlightenment moment. I slowly started taking more interest in the committees that I was a part of. I started giving more time on my job. Today in 2 years, I have achieved much more in my current job and I am at a level where I don't care much if I don't get a fellowship and I don't care much if it takes me few more years to get a GC. I am working full time but on top, I have accepted a position of Medical Director of a new program that my hospital started. I am the Chief Physician Informaticist in my hospital and now working as a Deputy Chief Medical Information Officer on the inpatient side. And now, I have been asked to apply for Executive Medical Director for Acute Care by hospital administration. If I get that position, my current boss will be working under me. All this has happened in last 2 years and I have to heartily thank Q for that simple but effective advise.

I want to tell everyone that this is a fantastic forum and I have not only learned about immigration from here but I have learned much more about other peoples' struggles and started to appreciate my job, my family and many other things that I have. I know that it is not possible for everyone to enjoy their current jobs or move up the ladder, but hang in there my friends with a positive attitude and your time will come.

PS: BTW, we actually built a new house and my wife and my 5 year old enjoy it like anything. I was very resistant initially but I didn't want wait till I get GC which could still take many years.

[Jonty Rhodes]

Jonty

Wow! I am glad for your accomplishments.

What this forum, others and I do is throw light on the path. But the entire hardwork of walking on that path is yours and yours alone!

GC will come when it will come. But you will have already achieved more than what you thought GC was going to give you! Its all YOUR success. Thanks for sharing!

Having said that - as I always say - even Gods love to hear their praise. I am just a mortal human being!! You certainly stoked my ego.

Congratulations on the house too! One of the passing rights of an immigrant in this country!

Thanks a lot, Q.

[YTeleven]

Sorry for the late to the party.
Congrats to all who got the opportunity to file their I-485s.
For those who didn’t get the chance to file, please help yourself by signing this white house petition:
https://petitions.whitehouse.gov/petition/allow-filing-i-765-ead-and-i-131-ap-upon-i-140-approval-4
It needs to get 65k signs by 26-Sep-2015 to get President’s attention.

I would like to congratulate CO and other agencies’ heads on behalf of our forum on coming up with the excellent VB reforms by providing the acceptance cut-off dates.
Now the inventory buildup can be managed at granular level on a monthly basis based on the agencies will & performance (irrespective of supply of visas).
At the same time the final action cut-off dates (orig. visa cut-off dates) can now have realistic dates based on supply of Visas.

Now coming to our predictions, exactly a year ago we predicted EB2-I dates will move to FY11Q3 here:
http://www.qesehmk.org/forums/showthread.php/1217-EB2-3-Predictions-(Rather-Calculations)?p=53828#post53828
Whatever may be the reason of current EB2-I movement, the dates have moved to till FY11Q3 as predicted, at that time when I was predicting I know that I will miss my PD by one day(1-Jul-11) and it did happen to me now (sadly I missed it by one day). Now I’m working on predicting when will be the next movement will happen.

I see most of EB3-I guys disappointed with their cut-off date movement but I would still say it’s going as per our predictions and we will see the wipe out of EB3-I backlogs by end of FY16 and we will see the acceptance dates for EB3-I moving to FY09 levels by early FY17.

anuprabh,
If you are confused with which PD to retain EB3-I 2006 or EB2-I 2011, I would say EB3-I 2006 PD will get GC by end of FY16 where as EB2-I 2010 PD will take at least another 2 to 3 years to get the GC. Please wait and see for a quarter to know how the EB3-I will move.

[rohanvus]

Thanks YT for your post - had been looking for some comments from you on this new VB.
So do we agree that current movement to July 2011 is not really based on traditional demand/supply factor but on the will and how much load agencies can take ?
Its just unfortunate that you just missed it by a day :( Mine is Dec ,2 , 2011
Not sure if you have gotten some head around this 'new' acceptance date concept .
Wondering if some kinda math or demand/supply factor has gone into the finalizing the acceptance date as published in the VB .
I am just afraid that if its indeed based on demand and supply equation then already there is too much demand ( even before May 2010) and the next further movement may happen only after 4 years (2019). Hope this is not the case and this VB traverses another 6 months within FY'16

PS: Been 9 years in US already but with PD in Dec 2011 ( downside of working in US MNC where GC process starts towards 4/5 year on H1B and all lengthy approvals along with it :(

[mesan123]

Hi Gurus Q, Kanmani, Nishant,Spec etall,

I know i have to put this question in different section,sorry for posting here, but quick was looking for quick responce..my passport has my birth place as my district name 'X' where as my birth certificate has it has home town 'Y'. I couldnot change my passport, so i got an Non-Availability form from my District place'X'.

Will it be enough if i use the Non availability and affidavits from my parents as proof or
should i use the birth certificate and affidavits from parents( even though my birth certificate place of birth and passport place of birth doesn't match)???

please any input will be appreciated.

[qesehmk]

I am still in line, have two new made in India babies that will shortly get on the queue next month..
Congrats billi on the babies. All the rest is much less important - I guess!

[SV2007]

Thanks YTeleven for the post and reassurance for EB3I folks. We will wait for your predictions on when the next movement will happen. Good luck to you as well.

[denverconnection]

Hi Gurus,

My H1B has expired recently and applied for 7th year extension, which is pending from past 1.5 months. As per the new policy (based on Acceptance date) I am eligible to apply for I-485.

1. Can I file I-485 when H1b extension is pending
2. Is it necessary to have H1B approval before I file I-485

Thank you in advance.

[anuprab]

Thanks YTeleven for the post and reassurance for EB3I folks. We will wait for your predictions on when the next movement will happen. Good luck to you as well.

Yup hopefully Yteleven's prediction comes true for Eb3 as well. I have a unique problem to which I am getting conflicting answers from lawyers. My spouse and I files for Aos under my Eb3 2006 dates and since 2007 both of us are on Ead and AP and no H1Bs. Simultaneously his employer did his Perm and 140 in Eb2 with May 2010 PD. With the recent VB movement he is eligible to file his own 485 so he has job portability but now I hear he can't as he doesn't have a valid non immigrant status. The inter filing of 485 would be done only when dates are current for final cut offs. So even with the dates movement we are back to square one. Even if he has to file he has to get in his H1 and come in the country on H1 before he files 485. Does anyone think this is right?

[imdeng]

Mesan - I had posted some BC related questions in this forum some time back and the general opinion is that USCIS is usually forgiving on small discrepancies on BC. It seems like in your case home town Y is in the district X. In that case, in my layman's opinion, I would consider BC to be perfectly fine and would go ahead with it.

Kanmani/Spec might have more legally sound opinions - so hold on making your mind until you hear back from them.


Hi Gurus Q, Kanmani, Nishant,Spec etall,

I know i have to put this question in different section,sorry for posting here, but quick was looking for quick responce..my passport has my birth place as my district name 'X' where as my birth certificate has it has home town 'Y'. I couldnot change my passport, so i got an Non-Availability form from my District place'X'.

Will it be enough if i use the Non availability and affidavits from my parents as proof or
should i use the birth certificate and affidavits from parents( even though my birth certificate place of birth and passport place of birth doesn't match)???

please any input will be appreciated.

[qesehmk]

denver - GC and H1 are two completely different things. As long as you are in a good status in US i.e. not staying illegally AND as long as you are eligible to file 485 - you can file it. H1 approval has no bearing on it other than if that situation puts you in illegal stay situation. So just check that thing..
Hi Gurus,

My H1B has expired recently and applied for 7th year extension, which is pending from past 1.5 months. As per the new policy (based on Acceptance date) I am eligible to apply for I-485.

1. Can I file I-485 when H1b extension is pending
2. Is it necessary to have H1B approval before I file I-485

Thank you in advance.

[Kanmani]

Mesan - I had posted some BC related questions in this forum some time back and the general opinion is that USCIS is usually forgiving on small discrepancies on BC. It seems like in your case home town Y is in the district X. In that case, in my layman's opinion, I would consider BC to be perfectly fine and would go ahead with it.

Kanmani/Spec might have more legally sound opinions - so hold on making your mind until you hear back from them.

mesan, if home town Y is in the district X, then get the affidavits like born in Y city/town of X district . It is sufficient.

[denverconnection]

Q, Thanks a lot.

[qesehmk]

You're welcome. But wait and see what others have to say on this too.
Q, Thanks a lot.

[anuprab]

denver - GC and H1 are two completely different things. As long as you are in a good status in US i.e. not staying illegally AND as long as you are eligible to file 485 - you can file it. H1 approval has no bearing on it other than if that situation puts you in illegal stay situation. So just check that thing..

Q does this mean if you last entered as a parolee and are no longer on H1b you cant
File your 485

[qesehmk]

Q does this mean if you last entered as a parolee and are no longer on H1b you cant
File your 485As long as you are in good status and the promised job is going to be there - you can file 485 whenever the date is current. Makes sense?

[anuprab]

As long as you are in good status and the promised job is going to be there - you can file 485 whenever the date is current. Makes sense?

makes sense to me but not sure if the law states otherwise, if 485 means filing for adjustment of status and the status has already been adjusted once, how can a 485 be filed again unless the person is also maintaining a non-immigration status which in employment based case is H1 or L1. Just throwing this around as I have got conflicting answers. I am also doing a paid consult with another attorney for a second opinion!!! That's why the GC is so important..pinning my hopes on my EB3 case now

[Kanmani]

Yup hopefully Yteleven's prediction comes true for Eb3 as well. I have a unique problem to which I am getting conflicting answers from lawyers. My spouse and I files for Aos under my Eb3 2006 dates and since 2007 both of us are on Ead and AP and no H1Bs. Simultaneously his employer did his Perm and 140 in Eb2 with May 2010 PD. With the recent VB movement he is eligible to file his own 485 so he has job portability but now I hear he can't as he doesn't have a valid non immigrant status. The inter filing of 485 would be done only when dates are current for final cut offs. So even with the dates movement we are back to square one. Even if he has to file he has to get in his H1 and come in the country on H1 before he files 485. Does anyone think this is right?

No. At this point of time, he doesn't need H1b status. He is already protected by pending Adjustment of Status.

Moreover, he is not required to file an additional I-485 petition for his EB-2 classification. Just up gradation of the existing petition is needed, which constitutes the interfiling section of the process.

While getting consultation, please remind the attorney that he has one I-485 pending under EB-3 . That's it.

[anuprab]

No. At this point of time, he doesn't need H1b status. He is already protected by pending Adjustment of Status.

Moreover, he is not required to file an additional I-485 petition for his EB-2 classification. Just up gradation of the existing petition is needed, which constitutes the interfiling section of the process.

While getting consultation, please remind the attorney that he has one I-485 pending under EB-3 . That's it.

Kanmani thanks that was the original plan but not with this new VB format anymore. As per my lawyer, they cant interfile now under the approval for filing cut off date but will only interfile when the final cut off dates move to May 2010. Had the bulletin format not changed, this would have been the plan. their point is if he needs to be independent of my case and benefit from 485 filing, he needs to go out get H1 stamped come in and then adjust status ...

[qesehmk]

We have discussed that few days back. That's not what this person was talking about. He was talking about H1 extension approval vs ability to file 485.

That's when I am saying as long as he has a valid status in US - approval of H1 is not a prerequisite for filing 485.
makes sense to me but not sure if the law states otherwise, if 485 means filing for adjustment of status and the status has already been adjusted once, how can a 485 be filed again unless the person is also maintaining a non-immigration status which in employment based case is H1 or L1. Just throwing this around as I have got conflicting answers. I am also doing a paid consult with another attorney for a second opinion!!! That's why the GC is so important..pinning my hopes on my EB3 case now

[anuprab]

We have discussed that few days back. That's not what this person was talking about. He was talking about H1 extension approval vs ability to file 485.

That's when I am saying as long as he has a valid status in US - approval of H1 is not a prerequisite for filing 485.

Thanks Q valid non-immigrant status is it?? isn't that what adjustment of status is all about !! my head is spinning from all this. My lawyers aren't ready to interfile and or do a separate 485 for my spouse. His company lawyers wont interfile because they don't have my case with them and will only do a new 485. I am thinking what the hell lets just do the 485 without a valid non immigrant visa and if it gets denied so be it...the other option in go to india stamp a new h1 once it gets approved, enter in H1 status and then file 485..all this is not possible by Oct 31 so take a chance and file later in Nov or Dec if approval dates still valid. Phew I am exhausted just thinking about it!

[anuprab]

We have discussed that few days back. That's not what this person was talking about. He was talking about H1 extension approval vs ability to file 485.

That's when I am saying as long as he has a valid status in US - approval of H1 is not a prerequisite for filing 485.

Here is what I found. This is from USCIS directly but then again Parolee is an option for choosing a valid non-immigrant status as per USCIS document. If this is the case then 485 can be filed!

it appears that your employer may want to pursue the immigrant visa petition process for you. Unfortunately, because you have indicated you have one or
more of the following issues:
A. You did not enter the United States legally, or
B. You entered in a status that is barred from applying for permanent resident status in the United States, or
C. You worked in the U.S. without proper authorization some time after January 1, 1977, or
D. You violated your status in the United States, or
E. You are not currently in a valid nonimmigrant status, or
F. You entered in A, G or NATO status and have not yet obtained a certification from the Department of State or NATO on Form I-566, or
G. You entered in “J” status and have not yet obtained a waiver of the two-year foreign residence requirement, or
H. You entered in K-1 fiancé(e) status and did not seek permanent residence through marriage to the United States citizen petitioner,

[qesehmk]

There are sites with FREE legal advice. There are sites with paid advice. Ask any of them.

I don't recollect your details - but i would advise you to do your own research and file it. I would never trust company lawyers.


Thanks Q valid non-immigrant status is it?? isn't that what adjustment of status is all about !! my head is spinning from all this. My lawyers aren't ready to interfile and or do a separate 485 for my spouse. His company lawyers wont interfile because they don't have my case with them and will only do a new 485. I am thinking what the hell lets just do the 485 without a valid non immigrant visa and if it gets denied so be it...the other option in go to india stamp a new h1 once it gets approved, enter in H1 status and then file 485..all this is not possible by Oct 31 so take a chance and file later in Nov or Dec if approval dates still valid. Phew I am exhausted just thinking about it!

[bluelabel]

Hi Gurus,

My H1B has expired recently and applied for 7th year extension, which is pending from past 1.5 months. As per the new policy (based on Acceptance date) I am eligible to apply for I-485.

1. Can I file I-485 when H1b extension is pending
2. Is it necessary to have H1B approval before I file I-485

Thank you in advance.

I did file my 485 in 2012 when my H1B extension was pending. I just checked my 485 application submitted to USCIS, It has following information.

current USCIS status - H1B
Expires on - MM/DD/YYYY(Expired Date) EXTENSION PENDING

I am not sure if my lawyer has submitted H1 extension receipt with 485.

[mesan123]

Thank you imdeng and Kanmani,

One more question Should I put my Place of Birth as Y,X (Town, District)in the forms???


mesan, if home town Y is in the district X, then get the affidavits like born in Y city/town of X district . It is sufficient.

[bloddy1]

Hi Guys - Thanks for all the analysis, over the course of years its been providing valuable information. My spouse, on H4, had traveled to India last year and at the time of her immigration, the CBP guy made an error and put an incorrect date her I-94 which should reflect the original Nov 2016 date instead of the incorrect Jan 2015 date. We recently noticed that and the attorney suggested we file a Nunc pro tunc H4 application and seemingly its a straight forward process which retroactively reinstates the status.

However, with the recent movement in PD, we are in line to file the AOS/I485. The question is,
1. Will it have an impact on the AOS or should we wait until the H-4 is approved?
2. Is she essentially out of status right now?

Thanks

[mechanical13]

Hey guys, please move this to a more relevant forum if required.

Would appreciate your guidance and thoughts regarding I-140 premium processing.

I've changed employers and in a new field, so employer had to refile PERM. PERM got approved on 08/31, and now working with lawyers to file I-140.

Does requesting Premium Processing increase the risk of RFEs/denials? My attorney is very vague about this, but I really want to get this over with and interfile our I-485. My acceptance date is current in the new visa bulletin system.

Would appreciate thoughts and guidance.

[bikenlalan]

All, I am late to the party, I am really happy that I would be able to file the last and final step towards GC journey starting next month. I want to congratulate others, who are waiting and would be doing the same.

Although, the state dept, did a nice job of opening the gates so that people with PD later than May 2010 for EB2-I could file 485 and get the benefits of EAD and Adv Parole by creating a new line. It makes me wonder whether this will actually slow down and elongate the wait for straight EB2 filers as it seems the dates would actually move slowly and gradually, giving time for Eb3 to upgrade and stand ahead in line while most of us who may not file with medicals for now, will wait for the RFE when dates get current and may miss the window of adjudication. Ofcourse things may be different, if USCIS issues RFE ahead of time before they anticipate dates being current, but there is always a risk.

I am not opposed to people upgrading Eb3->Eb2 but not sure if this new process would benefit Eb2 filers, as the usual wait was 5-6 years from the PD and for me it has already been 4 and a half years with PD of Feb 2011 and not expecting to get GC anytime within the next year or two.

[gten20]

The way I see it.. one small step for GC.. one giant leap for career/job portability!

[tatikonda]

Hi All,

with new application PD, I am eligible for applying.
However my company immigration lawyer suggest that, we need not do medicals now as they are valid only for 1 year.
Is this true ? When I see the I-485 checklist, it appeared that medicals are important for preadjucation.
Please advice.

Thank You

[delguy]

In my opinion that should not have any impact. First time I applied for I-140, it was in premium and I did not recieve any RFE, I then changed the company and the lawyer for my new company applied for I-140 under normal processing, and I got a RFE about my experience letters which were earlier accepted by USCIS.

So, it really depends on the person looking at your case and not how you file it. Why would they increase the work load if everything is good in application. You can get RFE in any case, atleast it will get cleared fast in case filing is in premium.



Hey guys, please move this to a more relevant forum if required.

Would appreciate your guidance and thoughts regarding I-140 premium processing.

I've changed employers and in a new field, so employer had to refile PERM. PERM got approved on 08/31, and now working with lawyers to file I-140.

Does requesting Premium Processing increase the risk of RFEs/denials? My attorney is very vague about this, but I really want to get this over with and interfile our I-485. My acceptance date is current in the new visa bulletin system.

Would appreciate thoughts and guidance.

[bikenlalan]

The same has been suggested by my lawyer as well. Look at the I-693 page on suggesting to send in the medicals, or wait on sending them until you receive RFE asking for it.

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).

Depending on where you are with your PD, and if it may get current in the next one year, you may submit it now along with 485.
Mine is Feb 2011 and it does not seem likely to get current within the next 12 months, so I would be waiting on sending it once I get RFE. I would recommend, do what your lawyer suggested but it is your call.

[tatikonda]

Hi Biken,

Thanks for your information and advise.
I found this on Oh Law website, which is very interesting.
I do not want this to be further delayed.. I may go with medicals sooner and ready to spend more money, if medicals are expired in 1 year.

• AILA has released its understanding of management of the new Visa Bulletin between the State Department and the USCIS. The USCIS will start to process and pre-adjudicate the I-485 applications without any delays, which will take in average about six months to complete the pre-adjudication. Once preadjudication is completed, the USCIS will demand the immigrant visa numbers for the cases immeidately. If the immigrant visa numbers are current for the priority dates, State Department will immediately allocate the immigrant visa numbers for the cases and the USCIS will then approve such I-485 applications without any delays. If the immigrant visa numbers are not current, the State Department will keep those cases in its "Pending Demand File" and when priority dates become current for some of those cases, the State Department will allocate the immigrant visa numbers to the USCIS such that the USCIS approves those I-485 applications. This raises a question of whether I-485 applicants should file the applications without expensive I-693 medical reports. Currently, the I-485 applicants have an option of filing I-693 concurrently with I-485 applications or alternatively submit I-693 when the USCIS asks them to submit I-693 medical report. Filing of I-485 applications without concurrent filing of I-693 may cause some delays either at the preadjucation stage or final adjudication stage since the USCIS will have to issue RFE and the applicants may have to submit the medical report as an additional step. Since we do not know exactly when the USCIS will issue such RFE, specifically whether before the "Final Action Date" or after "Final Action Date," it can create some delays in final adjudication of the I-485 applications with accompanying other risks involved. One thus wonders whether applicants should submit I-693 concurrently with the I-485 applications now to avoid any delays when time comes for adjudication. If the Final Action Date does not arrive in 365 days, they may have to deal with RFE for a new I-693 and spend more money to submit a new medical report. However, one wonders whether it is worth spending such additional expenses, assuming that they rather have a good chance to see their Final Action Dates may arrive within one year and the USCIS would approve their I-485 applications swiftly without RFE with the allocated immigrant visa numbers. Those with earlier priority date should definitely file medical report with I-485 applications. Even those with a later priority date are recommended to submit medical report in order not to take any chance.







The same has been suggested by my lawyer as well. Look at the I-693 page on suggesting to send in the medicals, or wait on sending them until you receive RFE asking for it.

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).

Depending on where you are with your PD, and if it may get current in the next one year, you may submit it now along with 485.
Mine is Feb 2011 and it does not seem likely to get current within the next 12 months, so I would be waiting on sending it once I get RFE. I would recommend, do what your lawyer suggested but it is your call.

[tatikonda]

Spec/Q and Other Gurus,

Any further advise on this.... "Should we apply for medicals concurrently or not"



Hi Biken,

Thanks for your information and advise.
I found this on Oh Law website, which is very interesting.
I do not want this to be further delayed.. I may go with medicals sooner and ready to spend more money, if medicals are expired in 1 year.

• AILA has released its understanding of management of the new Visa Bulletin between the State Department and the USCIS. The USCIS will start to process and pre-adjudicate the I-485 applications without any delays, which will take in average about six months to complete the pre-adjudication. Once preadjudication is completed, the USCIS will demand the immigrant visa numbers for the cases immeidately. If the immigrant visa numbers are current for the priority dates, State Department will immediately allocate the immigrant visa numbers for the cases and the USCIS will then approve such I-485 applications without any delays. If the immigrant visa numbers are not current, the State Department will keep those cases in its "Pending Demand File" and when priority dates become current for some of those cases, the State Department will allocate the immigrant visa numbers to the USCIS such that the USCIS approves those I-485 applications. This raises a question of whether I-485 applicants should file the applications without expensive I-693 medical reports. Currently, the I-485 applicants have an option of filing I-693 concurrently with I-485 applications or alternatively submit I-693 when the USCIS asks them to submit I-693 medical report. Filing of I-485 applications without concurrent filing of I-693 may cause some delays either at the preadjucation stage or final adjudication stage since the USCIS will have to issue RFE and the applicants may have to submit the medical report as an additional step. Since we do not know exactly when the USCIS will issue such RFE, specifically whether before the "Final Action Date" or after "Final Action Date," it can create some delays in final adjudication of the I-485 applications with accompanying other risks involved. One thus wonders whether applicants should submit I-693 concurrently with the I-485 applications now to avoid any delays when time comes for adjudication. If the Final Action Date does not arrive in 365 days, they may have to deal with RFE for a new I-693 and spend more money to submit a new medical report. However, one wonders whether it is worth spending such additional expenses, assuming that they rather have a good chance to see their Final Action Dates may arrive within one year and the USCIS would approve their I-485 applications swiftly without RFE with the allocated immigrant visa numbers. Those with earlier priority date should definitely file medical report with I-485 applications. Even those with a later priority date are recommended to submit medical report in order not to take any chance.

[tatikonda]

Spec/Q and Other Gurus,

Any further advise on this.... "Should we apply for medicals concurrently or not"



Hi Biken,

Thanks for your information and advise.
I found this on Oh Law website, which is very interesting.
I do not want this to be further delayed.. I may go with medicals sooner and ready to spend more money, if medicals are expired in 1 year.

• AILA has released its understanding of management of the new Visa Bulletin between the State Department and the USCIS. The USCIS will start to process and pre-adjudicate the I-485 applications without any delays, which will take in average about six months to complete the pre-adjudication. Once preadjudication is completed, the USCIS will demand the immigrant visa numbers for the cases immeidately. If the immigrant visa numbers are current for the priority dates, State Department will immediately allocate the immigrant visa numbers for the cases and the USCIS will then approve such I-485 applications without any delays. If the immigrant visa numbers are not current, the State Department will keep those cases in its "Pending Demand File" and when priority dates become current for some of those cases, the State Department will allocate the immigrant visa numbers to the USCIS such that the USCIS approves those I-485 applications. This raises a question of whether I-485 applicants should file the applications without expensive I-693 medical reports. Currently, the I-485 applicants have an option of filing I-693 concurrently with I-485 applications or alternatively submit I-693 when the USCIS asks them to submit I-693 medical report. Filing of I-485 applications without concurrent filing of I-693 may cause some delays either at the preadjucation stage or final adjudication stage since the USCIS will have to issue RFE and the applicants may have to submit the medical report as an additional step. Since we do not know exactly when the USCIS will issue such RFE, specifically whether before the "Final Action Date" or after "Final Action Date," it can create some delays in final adjudication of the I-485 applications with accompanying other risks involved. One thus wonders whether applicants should submit I-693 concurrently with the I-485 applications now to avoid any delays when time comes for adjudication. If the Final Action Date does not arrive in 365 days, they may have to deal with RFE for a new I-693 and spend more money to submit a new medical report. However, one wonders whether it is worth spending such additional expenses, assuming that they rather have a good chance to see their Final Action Dates may arrive within one year and the USCIS would approve their I-485 applications swiftly without RFE with the allocated immigrant visa numbers. Those with earlier priority date should definitely file medical report with I-485 applications. Even those with a later priority date are recommended to submit medical report in order not to take any chance.

[gcpursuit]

Gurus,

I am going to prepare I-765 and I-131 myself. Attorney will be helping with I-485 only.
I would really appreciate if someone can provide inputs for the following questions.

1. Since everything is being mailed together, do I put I-765 and I-131 in separate envelopes or a single envelope with everything?
2. Prior EADs: I had received EAD and AP in 2007 as part of my previous NIW petition which was later denied. I see that the I-765 application asks for last EAD card, should I provide my EAD from 2007. I also had OPT card in 2006. Should I send everything?

Thanks in advance.

[imdeng]

For point 1, I can point to my own experience. My attorney sent 485, 765 and 131 all together in the same envelope. There was a nice cover letter at the top that listed all the items that the envelope contained.

Not sure about point 2.


Gurus,

I am going to prepare I-765 and I-131 myself. Attorney will be helping with I-485 only.
I would really appreciate if someone can provide inputs for the following questions.

1. Since everything is being mailed together, do I put I-765 and I-131 in separate envelopes or a single envelope with everything?
2. Prior EADs: I had received EAD and AP in 2007 as part of my previous NIW petition which was later denied. I see that the I-765 application asks for last EAD card, should I provide my EAD from 2007. I also had OPT card in 2006. Should I send everything?

Thanks in advance.

[gcpursuit]

For point 1, I can point to my own experience. My attorney sent 485, 765 and 131 all together in the same envelope. There was a nice cover letter at the top that listed all the items that the envelope contained.

Not sure about point 2.

Thank you imdeng.

[anuprab]

Experts pardon me for this question but what has led to EB3 RoW to come close to current from a gap of about 2+ years. Is this the only reason that EB3 India has a chance in 2016? However why the CO think otherwise then? Just trying to see where I stand in this queue coming close to the 10 yr anniversary of my PD !!

[dec2010]

Spec/Q and Other Gurus,

Any further advise on this.... "Should we apply for medicals concurrently or not"

FWIW, the answer i got from Fragomen was - they are advising all clients to include medical report. i just did my medicals with assumption that i will need do-over when my date truly becomes current. the CS that i went to said, they are seeing mad rush and doing 40-45 medicals a day since last Saturday.

[gc-4-gc]

YTEleven,
I have Sept 2011 PD in EB3-I and the opportunity to upgrade to EB2-I. Should I go for upgrade or wait and watch EB3-I movement over next 3 months?

Thanks.

[gcwait]

My attorney, who is also from Fragomen, advised against including the medical report. My PD is in 11/2009.

[eb2ODer]

The tech giant I work for also retains Fragomen. And Fragomen has advised me not to get Medicals.
It makes sense since my PD is 06/2011.

If my date was in 2009 or early 2010 I would have anyways gotten the medicals done.
I am not as concerned about money as I am of having to take time from work for the unneccesary medicals.


FWIW, the answer i got from Fragomen was - they are advising all clients to include medical report. i just did my medicals with assumption that i will need do-over when my date truly becomes current. the CS that i went to said, they are seeing mad rush and doing 40-45 medicals a day since last Saturday.

[anuprab]

The tech giant I work for also retains Fragomen. And Fragomen has advised me not to get Medicals.
It makes sense since my PD is 06/2011.

If my date was in 2009 or early 2010 I would have anyways gotten the medicals done.
I am not as concerned about money as I am of having to take time from work for the unneccesary medicals.

Q and others who have responded to me so far, after a paid consult with the another attorney from the same firm which has told me that they can't interfile my spouse's case based on application filing date but will do it when dates come to final approval dates, the senior Attorney thought there wasn't right and my spouse's case should be eligible to interfile based on the Oct VB's application filing date. Waiting to hear from them still...hope they interfile and don't make me do another 485 which will just super complicate my case !! Thanks for everyone who chimed in...

[gop999]

Hello All,

Congrats to all of the folks who have the ability to file for 485 in Oct. I'm one of the many folks to be benefited as well.
I had a quick question to ask. I had planned my India trip in December(entire Dec) well in advance and hence cannot reschedule.
The question doing rounds in my head is : Does my travel in December to India impact(delay?) any of subsequent step which I might have to take after filing for I485?
Pls let me know. Thanks in advance.!

[sunrisegrove1]

Hello Q & Others,

I hope I am posting in the right thread.

EB2 I, PD 12/2008; My I-485 was filed last year/2014 with my wife listed as dependent. We have EAD and AP through me but hold separate H1Bs which we intend to maintain.

My wife also had a separate I-140 approved and has PD of 2010 which became current in this October Bulletin.

* Is there any harm/risks involved in filing her I-485 separately and listing me as dependent? ; so this would be 2 I-485s: one with me as primary which was filed 2014 and one with my wife as primary to be filed now.

I know my PD is much earlier but I am looking to see if a 2nd I-485 using my wife as primary can act as backup. Example scenarios: I quit my existing employer who filed for my PERM/GC and cannot find a job in similar occupation. It is my understanding that I can change jobs with AC21 but have to have a job description that matches at least 50% of the one filed during labor. When they filed my labor, they made the job description very specific which is ruling out lot of opportunities and I have also branched out since its been 6+ years.

If anyone has similar experience, please share. We are checking with attorneys but I wanted to poll the group and see if anyone has any thoughts on this since this must be a very common scenario.

[Waiting4Ever]

FWIW, the answer i got from Fragomen was - they are advising all clients to include medical report. i just did my medicals with assumption that i will need do-over when my date truly becomes current. the CS that i went to said, they are seeing mad rush and doing 40-45 medicals a day since last Saturday.

Our company is filing without medicals. the lawfirm is Tafapolsky & Smith LLP;

[anuprab]

Hello Q & Others,

I hope I am posting in the right thread.

EB2 I, PD 12/2008; My I-485 was filed last year/2014 with my wife listed as dependent. We have EAD and AP through me but hold separate H1Bs which we intend to maintain.

My wife also had a separate I-140 approved and has PD of 2010 which became current in this October Bulletin.

* Is there any harm/risks involved in filing her I-485 separately and listing me as dependent? ; so this would be 2 I-485s: one with me as primary which was filed 2014 and one with my wife as primary to be filed now.

I know my PD is much earlier but I am looking to see if a 2nd I-485 using my wife as primary can act as backup. Example scenarios: I quit my existing employer who filed for my PERM/GC and cannot find a job in similar occupation. It is my understanding that I can change jobs with AC21 but have to have a job description that matches at least 50% of the one filed during labor. When they filed my labor, they made the job description very specific which is ruling out lot of opportunities and I have also branched out since its been 6+ years.

If anyone has similar experience, please share. We are checking with attorneys but I wanted to poll the group and see if anyone has any thoughts on this since this must be a very common scenario.

I am in kind of a similar situation like you. Mine was filed under EB3 India June 2006 PD and since Jul 2007 we are on EAD/AP no H1. now my spouse's May 2010 EB2 India PD has become current . I have got 3 different opinions -

1. His company lawyer suggesting file a new 485 obviously because he has no clue of my case and list me as dependent
2. My lawyer suggested we cant interfile right now based on application filing date will have to wait till final approval dates for interfile and making him the primary
3. Senior Attorney from my lawyer's firm said we CAN interfile right now and interfiling is the best option as this leads to only one file under one A#

They were supposed to get back to me today and I am still waiting...My choice is to interfile and not create complications. If they say they cant interfile, I plan on filing a new 485 with me as dependent and my spouse primary. The 140 A# of my spouse is the same that was when he file for 485 in 2007. It will lead to delay but that is the best course if interfiling cant be done at this time. Let me know what you decide.

[sunrisegrove1]

I am in kind of a similar situation like you. Mine was filed under EB3 India June 2006 PD and since Jul 2007 we are on EAD/AP no H1. now my spouse's May 2010 EB2 India PD has become current . I have got 3 different opinions -

1. His company lawyer suggesting file a new 485 obviously because he has no clue of my case and list me as dependent
2. My lawyer suggested we cant interfile right now based on application filing date will have to wait till final approval dates for interfile and making him the primary
3. Senior Attorney from my lawyer's firm said we CAN interfile right now and interfiling is the best option as this leads to only one file under one A#

They were supposed to get back to me today and I am still waiting...My choice is to interfile and not create complications. If they say they cant interfile, I plan on filing a new 485 with me as dependent and my spouse primary. The 140 A# of my spouse is the same that was when he file for 485 in 2007. It will lead to delay but that is the best course if interfiling cant be done at this time. Let me know what you decide.

Thanks for sharing your case. Let me know what you find. In my case, both of us are EB2I. We have also asked my wife's attorney team on what can be done. If a 2nd filing can act as a backup (for scenarios I mentioned) and not complicate things, I definitely don't want to miss out an opportunity.

[anuprab]

Thanks for sharing your case. Let me know what you find. In my case, both of us are EB2I. We have also asked my wife's attorney team on what can be done. If a 2nd filing can act as a backup (for scenarios I mentioned) and not complicate things, I definitely don't want to miss out an opportunity.

sunrisegrove,

Here is what was suggested to us. There is no clarification from USCIS if interfiling can be done based on application filing date but if we decide then our lawyers will contest the case if required. The senior attorney strongly believes we can interfile but is not certain sans lack of memo from USCIS.

The second option was to remain on my case as primary which means he is stuck till eB3 India dates move. They told me since we aren't on any non immigrant status like H1 we legally cant file another 485. Even if we were, filing multiple 485s complicates and delays cases.

At this point we think interfiling is the best option. Can you please update me on what your lawyers suggest? Thanks.

[mechanical13]

sunrisegrove,

The senior attorney strongly believes we can interfile but is not certain sans lack of memo from USCIS.


It is my understanding that the filing date provides all the benefits that a typical I-485 filing does, except for final adjudication. This includes:




1) EAD/AP

2) Preadjudication of cases

3) 6 month AC21 portability after 485 submission

4) Interfiling requests

Essentially, the premise is that USCIS will permit interfiling when they are actively working on cases in your date range. If they are willing to accept and preadjudicate cases in your date range, they should also be willing to entertain interfiling requests because it only increases USCIS internal processing efficiency.

I'm actually in the process of requesting I-140 premium processing in order to be able to submit an interfile request, so have some research into this and asked the attorneys working on my case.

Hope this helps!

[anuprab]

It is my understanding that the filing date provides all the benefits that a typical I-485 filing does, except for final adjudication. This includes:




1) EAD/AP

2) Preadjudication of cases

3) 6 month AC21 portability after 485 submission

4) Interfiling requests

Essentially, the premise is that USCIS will permit interfiling when they are actively working on cases in your date range. If they are willing to accept and preadjudicate cases in your date range, they should also be willing to entertain interfiling requests because it only increases USCIS internal processing efficiency.

I'm actually in the process of requesting I-140 premium processing in order to be able to submit an interfile request, so have some research into this and asked the attorneys working on my case.

Hope this helps!


Absolutely makes sense. Wonder what took my attorneys so long to figure that one out! I even paid for a consult before that they weren't even ready to interfile ! Anyways my weekend starts on a relaxed note.

[Jonty Rhodes]

Hello All,

Congrats to all of the folks who have the ability to file for 485 in Oct. I'm one of the many folks to be benefited as well.
I had a quick question to ask. I had planned my India trip in December(entire Dec) well in advance and hence cannot reschedule.
The question doing rounds in my head is : Does my travel in December to India impact(delay?) any of subsequent step which I might have to take after filing for I485?
Pls let me know. Thanks in advance.!

Read this. Hopefully, you will find the answer to your question.

http://www.hooyou.com/h-1b/h1b_Work%20and%20Travel%20Issues%20Related%20to%20 I-485.html

[gop999]

Thanks Jonty, It was indeed helpful.


Read this. Hopefully, you will find the answer to your question.

http://www.hooyou.com/h-1b/h1b_Work%20and%20Travel%20Issues%20Related%20to%20 I-485.html

[toomuchguy]

I am not sure if this is the thread to post this question but would appreciate any inputs on my situation

Background:

My Green Card situation:
Position Title: MyGCJobTitle
PD: June7th, 2010...About to file i-485

H1B
Position Title: MyH1BJobTitle
Currently working on H1B valid untill 2017


Question: My wife (H1B valid 2018) and 3 year old child recently relocated to a new location(90 miles from where we were) and i am wondering which of the following is my best coarse of action

Options:

1. Don't Rock the boat:
Continue to work where i am,file I-485 and start working from the new location after receiving EAD..This essentially means staying separate, visiting family over the weekend for atleast 3 months, not to mention the risks of switching to EAD.
2. Rock the boat:
Start working from new location only after H1B amendment has been filed. I have several concerns about this option.
a. Since HR generally takes care of all H1B filings, am not sure if she has enough knowledge to do the H1B amendment right
b. The employer may not be open to a salary adjustment, in case it is reqd for the new location
c. Would this screw up my GC in any way.
d. What happens if amendment gets rejected after 3 months...? Would all the work performed from the new location make things illegal and affect 485.
e. Worst case if H1B amendment is denied, can i still go back to old location and continue working from there like i have been for 10 yrs.

3. Start working from the new location only after 180 days of filing 485.


At this point, i am looking for any inputs to chart the safest coarse of action...Any inputs would be much appreciated.

Thanks

[nbk1976]

It much depend on which is the best job for your career and your family. EAD poses no risks. As long as your new job is "somewhat" similar to the old one, you will be just fine. The "somewhat" is my personal opinion, but it has been arrived at after speaking with many people. Under Obama's reforms, the CIS is supposed to make this more clear and more "liberal".

It's just 90 miles. I used to drive 150 miles each way (300+ total) for 7 years just so that I can be with my family everyday. I am not saying you should too, but driving 3 times a week is possible for a couple of months.


I am not sure if this is the thread to post this question but would appreciate any inputs on my situation

Background:

My Green Card situation:
Position Title: MyGCJobTitle
PD: June7th, 2010...About to file i-485

H1B
Position Title: MyH1BJobTitle
Currently working on H1B valid untill 2017

...

At this point, i am looking for any inputs to chart the safest coarse of action...Any inputs would be much appreciated.

Thanks

[toomuchguy]

It much depend on which is the best job for your career and your family. EAD poses no risks. As long as your new job is "somewhat" similar to the old one, you will be just fine. The "somewhat" is my personal opinion, but it has been arrived at after speaking with many people. Under Obama's reforms, the CIS is supposed to make this more clear and more "liberal".

It's just 90 miles. I used to drive 150 miles each way (300+ total) for 7 years just so that I can be with my family everyday. I am not saying you should too, but driving 3 times a week is possible for a couple of months.

Thanks for your response...

In your opinion, what could potentially go wrong with the following plan

1. Continue to work from where i am(M-F) and travel the new location only on weekends untill EAD arrives.
2. Once EAD arrives(say 3 months from now), use it to work for the same employer, same job but from the new location i.e. travelling back and forth stops.
3. Once 180 days have passed, reevaluate my options and if required switch to a new employer on EAD i.e. this is where i believe the same or similar will come into play.

Thanks

[gc-4-gc]

Hello YTEleven and Q,
I have EB3-I PD Sept 2011. My company is willing to upgrade me to EB2-I. I read a post on this forum that EB3-I backlog may be cleared in FY2016. Should I stay put in EB3-I or upgrade to EB2-I?

Thanks.

[Suva2001]

Do not wait and upgrade to EB2. EB3-I might be cleared till 2006 end. No chance to reach 2011. So your only hope is EB2 upgrade.

Thanks

[Spectator]

A user on Ron Gotcher's forum reports receiving an email from USCIS:


Post #1244

Just got email from USCIS.

Starting today, USCIS will suspend final adjudication of employment-based Form I-485 applications (Form I-485, Application to Register Permanent Residence or Adjust Status) because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015.

This suspension applies to all employment-based adjustment applications pending with USCIS through September 30, 2015 (the remainder of FY2015).

USCIS will continue to accept adjustment of status applications that are filed when the foreign national’s priority date is earlier than the cut-off date published in the September Visa Bulletin for his or her preference category and country of birth/chargeability.

USCIS will resume final adjudication of employment-based adjustment applications beginning October 1, 2015, when visa numbers are again available.

Applicants filing Form I-485 on or after October 1, 2015, should review the “When to File” section on the Visa Bulletin Info Web page to determine whether they are eligible to file Form I-485.

Kamakazee, 29 minutes ago
http://www.immigration-information.com/forums/threads/general-discussion-3.19205/page-63

It should come as no great surprise to anyone.

EDIT:-
It's now also announced by USCIS on their website with the same language. http://www.uscis.gov/news/alerts/uscis-suspends-final-adjudication-employment-based-adjustment-applications-remainder-fy-2015

[anuprab]

Based on July inventory there were about 8837 EB3 India applicants in 2004. We know dates moved till Dec 22, 2004 and many in Nov-Dec have seen approvals. Assuming 2004 has cleared off, there are only 5273 cases in 2005 including the 2000 odd in March 2005 alone. Based on favorable SO data for EB3 FY 2016, dates should cover well beyond mid 2006. Am I right in assuming this?

[Suva2001]

2004 is not cleared off yet. Around 30-40% cases are not approved yet. In my opinion around 3500-4000 inventory would be there till end of Dec. Also inventory is increased by new additions also. Check the tracker below.

https://docs.google.com/spreadsheets/d/1kQh4DP77LHkasgWH-EbHt-lpm7cWgASaRYQaDKoFX0Y/edit?pli=1#gid=0

Thanks

[delguy]

From Greg Siskind wsbsite:

http://blog.ilw.com/gregsiskind/2015/09/24/is-uscis-considering-re-issuing-october-visa-bulletin-with-earlier-filing-dates/

I’ve just heard a very disturbing report that USCIS is in a state of confusion and consternation about the adjustment filing dates in the new Visa Bulletin and is considering forcing the State Department to reissue it with new much earlier filing dates. I’m hoping this is not the case. If anyone is hearing news on this and wants to contact me, let me know. I will, of course, keep confidential the identity of anyone providing information.

[gcq]

From Greg Siskind wsbsite:

http://blog.ilw.com/gregsiskind/2015/09/24/is-uscis-considering-re-issuing-october-visa-bulletin-with-earlier-filing-dates/

I’ve just heard a very disturbing report that USCIS is in a state of confusion and consternation about the adjustment filing dates in the new Visa Bulletin and is considering forcing the State Department to reissue it with new much earlier filing dates. I’m hoping this is not the case. If anyone is hearing news on this and wants to contact me, let me know. I will, of course, keep confidential the identity of anyone providing information.

I doubt they will do that since that can lead to lawsuits etc. Why would USCIS fret about these dates ? All their job is to adjudicate these applications and issue EADs and APs. Of course they cannot pester EB applicants with their H1B issues.

[mechanical13]

I doubt they will do that since that can lead to lawsuits etc. Why would USCIS fret about these dates ? All their job is to adjudicate these applications and issue EADs and APs. Of course they cannot pester EB applicants with their H1B issues.


This is just Greg's way of drawing additional attention to his website.

USCIS is not funded by the government, and has proven that it has amazing processing ability. Recall the date movements in 2012 when several years became current - USCIS did not fret and was able to successful manage caseload.

In the current situation, the dates haven't event moved by years. Most of the 'acceptance' dates have already filed for 485, it at max 1 years worth of intake, which is not much at all.


Ofcourse, there is also always the threat of lawsuits. Recall the 2007 lawsuit when the DoS change the dates?

Bottom line - don't worry.

[gc-4-gc]

Do not wait and upgrade to EB2. EB3-I might be cleared till 2006 end. No chance to reach 2011. So your only hope is EB2 upgrade.

Thanks

Thanks for the feedback Suva.

[nbk1976]

Thanks for your response...

In your opinion, what could potentially go wrong with the following plan

1. Continue to work from where i am(M-F) and travel the new location only on weekends untill EAD arrives.
2. Once EAD arrives(say 3 months from now), use it to work for the same employer, same job but from the new location i.e. travelling back and forth stops.
3. Once 180 days have passed, reevaluate my options and if required switch to a new employer on EAD i.e. this is where i believe the same or similar will come into play.

Thanks

Your plan looks fine to me. In fact even after your EAD arrives, you can and should continue to work using your H1. Your EAD is to be used only when you switch employers (after 180 days).

Remember: While you are with your H1-sponsoring employer, and your H1 is unexpired, you can continue to work on H1. There is no requirement to switch to EAD. In fact, you should not switch, because that will likely void your H1.

After 180 days, you can move to a new employer closer to your family and work using the EAD.

Remember: 180 days starts from the I-485 receipt date (day USCIS received your I-485 application), not the notice date (the date when USICS prints the notice letter). This works in your favor, because the notice date could be many weeks after you submit the application.

[toomuchguy]

Your plan looks fine to me. In fact even after your EAD arrives, you can and should continue to work using your H1. Your EAD is to be used only when you switch employers (after 180 days).

Remember: While you are with your H1-sponsoring employer, and your H1 is unexpired, you can continue to work on H1. There is no requirement to switch to EAD. In fact, you should not switch, because that will likely void your H1.

After 180 days, you can move to a new employer closer to your family and work using the EAD.

Remember: 180 days starts from the I-485 receipt date (day USCIS received your I-485 application), not the notice date (the date when USICS prints the notice letter). This works in your favor, because the notice date could be many weeks after you submit the application.

Thanks...Quick follow up

In fact even after your EAD arrives, you can and should continue to work using your H1. Your EAD is to be used only when you switch employers (after 180 days).
My only goal with switching to EAD was to stay close ASAP and not wait for 180 days but i see the benefit of travelling back and forth for the full 180 days as well .

On a separate note, is my understanding correct that i will be violating H1B rules if i work from our new home in the new location T-F and continue to work M-W from the old location

Besides the pain of renewing the EAD and pain at port of entry, what other problems can occur by switching to EAD?. In other words, besides backup status, what does staying on H1B bring to the table assuming it may take atleast 2 yrs to get GC in hand

Appreciate yours and others feedback on this

[nbk1976]

Thanks...Quick follow up

In fact even after your EAD arrives, you can and should continue to work using your H1. Your EAD is to be used only when you switch employers (after 180 days).
My only goal with switching to EAD was to stay close ASAP and not wait for 180 days but i see the benefit of travelling back and forth for the full 180 days as well .

On a separate note, is my understanding correct that i will be violating H1B rules if i work from our new home in the new location T-F and continue to work M-W from the old location

Besides the pain of renewing the EAD and pain at port of entry, what other problems can occur by switching to EAD?. In other words, besides backup status, what does staying on H1B bring to the table assuming it may take atleast 2 yrs to get GC in hand

Appreciate yours and others feedback on this

I think you misunderstood me. You can work on H1 and be with family everyday, since you are still working with the same employer--and at the same job location. USCIS does not care if you work from home or commute everyday. If you change your job location (even within the same company, but a different branch or office), then you may have to file some kind of an amendment. I am not sure what that process is.

Again, you will have to use your EAD only if you want to switch to another company. You can change employers after 180 days of USCIS receiving your I-485 application.

Regarding your last question: I am assuming your are applying for Advance Parole (AP) along with the EAD? It is a separate application (I-131 travel document). If you send both I-485 and I-131 in the same packet, they will issue you the EAD card with AP travel permission. The two applications must be filed together in the same packet. Clearly indicate somewhere that both documents are enclosed and you want an EAD/AP COMBO card.

There is no "pain" in renewing your EAD (it is free, but do it no earlier than 120 days from the expiry date of the EAD) and the re-entry process is not that bad: there may be a secondary level processing at the port of entry, but that is all.

The only "advantage" of keeping your H1 valid, is in the rare case of I-485 denial, you can continue to lawfully stay in the US and look for other options. If you switch to the EAD and your I-485 application is denied (which is very unlikely unless there is fraud or misrepresentation), you will immediately begin to accrue unlawful stay. You will have to leave the US as soon as possible and only return with another valid visa (like another H1).

Do let me know if you need any more clarifications.

[delguy]

The new filing date is now moved back to 01-JUL-09

:mad:

[NeelVohra]

Visa Bulletin revised today. EB2-I acceptance date is now Jul09

[tatikonda]

Yes it's true..
I was hoping this is false information..

http://www.travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html





The new filing date is now moved back to 01-JUL-09

:mad:

[cancer24]

That's not fair...


Visa Bulletin revised today. EB2-I acceptance date is now Jul09

[tatikonda]

Yes it's true..
I was hoping this is false information..

http://www.travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html





The new filing date is now moved back to 01-JUL-09

:mad:

[gcvijay]

Yes it's true..
I was hoping this is false information..

http://www.travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html



Guys

please sign the petition for the visa dates to be reverted back

https://petitions.whitehouse.gov//petition/uscis-and-dos-changed-priority-dates-categories-all-sudden-and-causing-financial-and-mental-loss

[mesan123]

Bummer ...so bad.. and disappointed :(


Yes it's true..
I was hoping this is false information..

http://www.travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

[EB2IndSep09]

So disappointing to see the news.
But be aware if they re-open the gates again, the history might repeat like 2007 making this new "Date for filing bulletin" also Unavailable for next few years.

USCIS never said this date is going to available all the time.

[Jonty Rhodes]

So disappointing to see the news.
But be aware if they re-open the gates again, the history might repeat like 2007 which would make this new Date for filing bulletin also Unavailable for next few years.

USCIS never said this date is going to available all the time.

2007 fiasco was different. That time USCIS had made everyone current and were inundated with at least 80,000 applications on 1st day itself. This time, even in the best case scenario, it would not be more than 20,000 applications. See when they moved the dates in 2012, majority of EB2I filers till April 30, 2010 got their EAD/AP. With these dates, EB2I filers with PD from May 1, 2010 to June 30, 2011 would have benefited along with EB3-EB2 porters. I don't think that number would be higher than 20,000. Even if you consider 25,000, it still not as high as 20007. With the dates moving back, now only porters who are upgrading from EB3-EB2 and a small number of people in EB2I who missed the boat in 2012 would benefit which is not a big load for USCIS to handle.

I think there is something going on at USCIS. After they announced dates in early September, they had scheduled a teleconference on the same topic. But after few days, mysteriously ended up canceling it without giving a good reason. Now, we see the dates moving back again. So something must have transpired in those few days when they cancelled the teleconference. I think it is either due to political pressure or due to pressure from DHS for some reason. But what do I know?

BTW, I am hearing that medicals now will be valid for 3 years. Awaiting confirmation on this.

[Jonty Rhodes]

I am hearing that medicals now will be valid for 3 years but awaiting to confirm this information.

[Jonty Rhodes]

http://blog.ilw.com/gregsiskind/2015/09/25/visagate-2015-edition/

Smells like an imminent law suit against USCIS.

[EB2IndSep09]

now only porters who are upgrading from EB3-EB2 and a small number of people in EB2I who missed the boat in 2012.

BTW, I am hearing that medicals now will be valid for 3 years. Awaiting confirmation on this.[/B]

Agree that 2007 fiasco is different but I believe there were some lessons learnt from them which were not followed. As they did not gauge the earlier part in the factor duo you mentioned and it looks like to me it would be a temporary adjustment and the dates would start moving rapidly in this "new type of" bulletin. That would be a relief if the medicals are valid for 3 years.

[tatikonda]

Thanks for sharing this info,,,

I strongly urge people to send mail to Greg and support him.
Share this information as many places as you can.

If USCIS thought this was going to end quietly, they obviously have not learned the lessons of 2007. Perhaps they thought that since they got DOS to issue a new Visa Bulletin before October came around, that somehow they were protected. But that is not the case. I firmly believe USCIS will reverse themselves – either by the order of a judge (email me at gsiskind@visalaw.com if you’re interested in participating in a potential suit) or as a response to overwhelming public pressure.




http://blog.ilw.com/gregsiskind/2015/09/25/visagate-2015-edition/

Smells like an imminent law suit against USCIS.

[Jonty Rhodes]

Agree that 2007 fiasco is different but I believe there were some lessons learnt from them which were not followed. As they did not gauge the earlier part in the factor duo you mentioned and it looks like to me it would be a temporary adjustment and the dates would start moving rapidly in this "new type of" bulletin. That would be a relief if the medicals are valid for 3 years.

If the dates move again, that would be fine but who knows what USCIS is thinking. Regarding medicals, I am not sure if this is true or not. I would just take it as a rumor for now. Gosh, this USCIS guys are so sadistic.

[qesehmk]

I don't know when EB2I and EB2I folks will wake up. Moving the acceptance date back to July 2009 amounts to little for most people since the dates have already been there (almost) and so very few people will be in a position to not have filed 485. This is clearly a move to keep people after these dates from filing. As I said - the whole idea of acceptance date is arbitrary and lacks any real logic. If there is logic - we haven't been told.

It doesn't need a great forecaster to see that EB2 I is going to move at 3-5K visas a year and EB3 will be more or less similar - barring a miracle. So you can either sit back and take it on the chin ... or go ahead and seek justice against this discrimination based on country of birth.

[Jonty Rhodes]

Thanks for sharing this info,,,

I strongly urge people to send mail to Greg and support him.
Share this information as many places as you can.

If USCIS thought this was going to end quietly, they obviously have not learned the lessons of 2007. Perhaps they thought that since they got DOS to issue a new Visa Bulletin before October came around, that somehow they were protected. But that is not the case. I firmly believe USCIS will reverse themselves – either by the order of a judge (email me at gsiskind@visalaw.com if you’re interested in participating in a potential suit) or as a response to overwhelming public pressure.

I will email Greg tonight. As I have mentioned in one of my previous posts, fortunately I am right now in a situation where I am not desperate for a GC or EAD (it would be nice to have one though). But my lawyer advised me to finish medicals. My wife's quantiferon gold came back positive and we had to do a CXR on her with her being 16 weeks pregnant. I know that one CXR with shield on is not going to do any harm to the baby but just to make that now-uselss-exercise of getting a CXR on my pregnant wife worth, I will email him.

One of my friend's wife took MMR vaccine and she was trying to get pregnant. Now, she can't get pregnant for 4 weeks to 3 months at least. Their dates are in early May, 2010 and they had a small hope that the dates may move forward.

I think everyone affected by this should email Greg and be a plaintiff.

[Jonty Rhodes]

I don't know when EB2I and EB2I folks will wake up. Moving the acceptance date back to July 2009 amounts to little for most people since the dates have already been there (almost) and so very few people will be in a position to not have filed 485. This is clearly a move to keep people after these dates from filing. As I said - the whole idea of acceptance date is arbitrary and lacks any real logic. If there is logic - we haven't been told.

It doesn't need a great forecaster to see that EB2 I is going to move at 3-5K visas a year and EB3 will be more or less similar - barring a miracle. So you can either sit back and take it on the chin ... or go ahead and seek justice against this discrimination based on country of birth.

Agree Q. I would not see this as a challenge. I would actually see this as an opportunity to do something for EB2I community and everyone who is affected by this should think the same way. USCIS may be goofing up many times but this is a big goof up and we should not let this opportunity go to extract our pound of flesh (or what was promised to us). In worst case scenario, we will loose the case but at least with the satisfaction that we challenged the injustice.

[Spectator]

First and foremost, I truly feel for those affected by the decision to publish a revised October VB.

Having made a decision, it should have been honoured, irrespective of whether some of the dates were not really justified.

In the context of the filing dates supposedly representing the dates that might be reached in 8-12 months, there should be no great surprise at which dates were revised and which were not. The revised dates are actually a better representation in that respect I'm sad to observe.

I am still left a little puzzled by the decision. I'm sure that both DOS and USCIS (who seem to be the instigator) institutional memories are still fully aware of what happened in July 2007 and therefore what was likely to happen if a revised October VB was published. In many ways, it was far easier to let the October VB stand and pull the dates back in November.

Despite that, the decision was made to publish a revised October VB, in the full knowledge of the firestorm it was likely to unleash.

I can't help thinking there is a back story we are not fully aware of - something that USCIS felt was compelling enough to unleash both the fury of the community and the threat (and execution if necessary) of lawsuits challenging the decision.

I certainly think that the only fair outcome is the restoration of the original filing dates for the October VB.

The VB always made it clear that under normal circumstances, an I-485 could only be filed based on the final action cut off dates and that the ability to file an I-485 in October was a special case (not necessarily limited to October) "when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas". The filing dates for I-485 were never going to be a permanent feature seen every month of the FY.

I do agree with other posters, that if the dates are restored, it will likely be a long time before filing dates for the affected categories are seen again - possibly years in some cases.

Let's hope the correct decision will prevail.

[eb2ODer]

https://petitions.whitehouse.gov//petition/uscis-and-dos-changed-priority-dates-categories-all-sudden-and-causing-financial-and-mental-loss

Also if there are duplicate petitions out there please point them.

[Jonty Rhodes]

https://petitions.whitehouse.gov//petition/uscis-and-dos-changed-priority-dates-categories-all-sudden-and-causing-financial-and-mental-loss

Also if there are duplicate petitions out there please point them.

With all due respect to you, petitions are not going to take us anywhere. How many petitions have created any significant impact for legal immigration so far? I can't recall a single one. So while I am all for signing the petition, I don't think it will take us anywhere.

In this particular case, we have very short time on our hands. If we have to do something, we have to do it quickly and by signing the petition, we will be left at the mercy of the WH staff to act upon it. If a lawsuit is going to be filed against USCIS, it has to be swift. In this scenario, you can make yourself heard in only 2 ways, a) If you have a very high level contact in administration as certain organization claims (no names here) who will listen to the problem and can create pressure on USCIS to correct it and b) File a lawsuit in the court of law with the help of a reputed immigration lawyer (someone like Greg Siskind or Ron Gotcher) against USCIS on this issue.

Option A is good but again you are relying on an organization to talk to their high level contact in hope that the contact will in turn create pressure on the erring institution to bring some relief. But this can take long time depending on what that high level contact does and the process would be opaque.

Option B is transparent and quick. Find a good lawyer, put together a case, get some stories, make a list of plaintiffs and file a case. Even in this case, results can take time but at least the process would be in public eye and won't be opaque.

In my opinion, we should try all the routes. Try option A and B at the same time. Obviously, there is no harm in signing the petition so I will do that also. But I doubt it will take us anywhere.

Again, nothing personal against you or any disrespect to you so please don't take my comments personally. I would strongly urge you to send an email to Greg Siskind on his email that you can get from his blog or from my earlier posts and add yourself in the growing list of potential plaintiffs. I did it this evening. Please spread the word. I will sign the petition also that you posted.

[Ramsen]

Petitions may have some impact if 100k signatures in 1 month. President will give a reply within 60 days after 100k signatures reached. But most cases just he will give reply unless he has power to do something. 100k was reached in OPT case. We need to wait 1 more month what President reply will be

[tatikonda]

Spec,

Can AILA doing anything about it ?


First and foremost, I truly feel for those affected by the decision to publish a revised October VB.

Having made a decision, it should have been honoured, irrespective of whether some of the dates were not really justified.

In the context of the filing dates supposedly representing the dates that might be reached in 8-12 months, there should be no great surprise at which dates were revised and which were not. The revised dates are actually a better representation in that respect I'm sad to observe.

I am still left a little puzzled by the decision. I'm sure that both DOS and USCIS (who seem to be the instigator) institutional memories are still fully aware of what happened in July 2007 and therefore what was likely to happen if a revised October VB was published. In many ways, it was far easier to let the October VB stand and pull the dates back in November.

Despite that, the decision was made to publish a revised October VB, in the full knowledge of the firestorm it was likely to unleash.

I can't help thinking there is a back story we are not fully aware of - something that USCIS felt was compelling enough to unleash both the fury of the community and the threat (and execution if necessary) of lawsuits challenging the decision.

I certainly think that the only fair outcome is the restoration of the original filing dates for the October VB.

The VB always made it clear that under normal circumstances, an I-485 could only be filed based on the final action cut off dates and that the ability to file an I-485 in October was a special case (not necessarily limited to October) "when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas". The filing dates for I-485 were never going to be a permanent feature seen every month of the FY.

I do agree with other posters, that if the dates are restored, it will likely be a long time before filing dates for the affected categories are seen again - possibly years in some cases.

Let's hope the correct decision will prevail.

[tatikonda]

Hi All,

From AILA Website.
No one seems to at least bothers to give a valid explanation.
Please do not sit and fretting about it.. do something..

write to Senators/ Greg Siskind/ AILA/FB/Tweets/USCIS and more..
Please do not sit on this.

http://www.aila.org/advo-media/press-releases/2015/government-disappoints-thousands-visa-timing




Spec,

Can AILA doing anything about it ?

[delguy]

The numbers affected is not huge, the tweets wont cut it unless one can mobilize millions of tweets a day. Not sure what senators can do, only option seems to be a lawsuit.

After all what is the basis of issuing a VB around 10th of every month for the upcoming month? Answer is simple, so that applicants get the paperwork ready and start filing by 1st. It is not that someone just released it with a typo, I am sure it is released by all due diligence. If still the USCIS changes it so late in the month, it is malicious and they fully know that it is going to cause financial losses to applicants. Therefore it is definitely a strong case for lawsuit. It may take months and years for an outcome to come, but they should not be let go off the hook easily and repeat this again.

[YTeleven]

https://petitions.whitehouse.gov//petition/uscis-and-dos-changed-priority-dates-categories-all-sudden-and-causing-financial-and-mental-loss

Also if there are duplicate petitions out there please point them.

This old petition: https://petitions.whitehouse.gov/petition/allow-filing-i-765-ead-and-i-131-ap-upon-i-140-approval-4 has GOT ONLY 39K signatures while the affected people are of 180k size. Today is the last date to get 100k signatures.
How do you expect the new petition will get 100k signatures when the affected people are of 20k and they are subset of that 180k.
All are used to wait indefinitely and take what ever gets from the agencies.

[kkruna]

To all those who are interested, please fill in your details into database the Greg is compiling. To me doing whatever I can is surely a matter of karma. So I did mine.

http://survey.constantcontact.com/survey/a07eblvrcw7if06cb4f/a0210lif1tmibb/greeting

[kkruna]

An "error" by an exploitative agency should be exploited. It's not practical to try understand these guys through logical discourse. In any case, what is the use of "acceptance date" when you expect no one from the relevant category to file in? Applies both to EB2 and EB3. Probably these guys are just worried about mundane aspect of avoiding caseload for additional EAD.

[gcq]

2007 fiasco was different. That time USCIS had made everyone current and were inundated with at least 80,000 applications on 1st day itself. This time, even in the best case scenario, it would not be more than 20,000 applications. See when they moved the dates in 2012, majority of EB2I filers till April 30, 2010 got their EAD/AP. With these dates, EB2I filers with PD from May 1, 2010 to June 30, 2011 would have benefited along with EB3-EB2 porters. I don't think that number would be higher than 20,000. Even if you consider 25,000, it still not as high as 20007. With the dates moving back, now only porters who are upgrading from EB3-EB2 and a small number of people in EB2I who missed the boat in 2012 would benefit which is not a big load for USCIS to handle.

I think there is something going on at USCIS. After they announced dates in early September, they had scheduled a teleconference on the same topic. But after few days, mysteriously ended up canceling it without giving a good reason. Now, we see the dates moving back again. So something must have transpired in those few days when they cancelled the teleconference. I think it is either due to political pressure or due to pressure from DHS for some reason. But what do I know?

BTW, I am hearing that medicals now will be valid for 3 years. Awaiting confirmation on this.

The only reason USCIS can complain about new acceptance date is they will have to process numerous EADs and APs without getting any fees. In that case they could just extend the validity of EAD and AP to 3-4 years.

[idiotic]

On positive side, they have not removed filing date altogether. The table is still there and other categories are being benefitted. Also I think this may be due to upcoming govt shutdown, even though DHS is self funded they might have just pulled in the plug at last minute looking at dates.. there is no evidence to think Jeh Johnson or John Kerry is against Obama..Just wishful thinking..

[Jonty Rhodes]

I signed and sent the consent form to Greg. I had asked my lawyer yesterday what his opinion was and this was his reply. Hopefully, after reading this, more people will sign up for the lawsuit.

Dear XYZ,

Thank you for your email. I am happy to hear about the action that Greg is taking. Please feel free to join that class action. There will be no negative impact on you at all. Hopefully, hundreds (or thousands) of people will join the lawsuit. This should make an impression on the US Department of State and USCIS. Please continue to keep me posted. My brother and I have spoken to Greg over the years, and he has always been honorable and good to deal with. Like Greg, I am hopeful that there will be so much pressure (via lawsuits, complaints, bad newspaper publicity) that they will back off and allow the filings. This is what happened last time. Rather than fight the lawsuits, the government surrendered and allowed the filing of the applications.

Have a good day, and I hope that we will hear good news in the coming days…..

With Best regards,

ABC

[delguy]

Greg tweeted that he has enough plaintiffs for the first step top file the suit. I am keeping an eye in case he need more and will send him my consent paper.


I signed and sent the consent form to Greg. I had asked my lawyer yesterday what his opinion was and this was his reply. Hopefully, after reading this, more people will sign up for the lawsuit.

Dear XYZ,

Thank you for your email. I am happy to hear about the action that Greg is taking. Please feel free to join that class action. There will be no negative impact on you at all. Hopefully, hundreds (or thousands) of people will join the lawsuit. This should make an impression on the US Department of State and USCIS. Please continue to keep me posted. My brother and I have spoken to Greg over the years, and he has always been honorable and good to deal with. Like Greg, I am hopeful that there will be so much pressure (via lawsuits, complaints, bad newspaper publicity) that they will back off and allow the filings. This is what happened last time. Rather than fight the lawsuits, the government surrendered and allowed the filing of the applications.

Have a good day, and I hope that we will hear good news in the coming days…..

With Best regards,

ABC

[mesan123]

Good Jhonty .... I also filled his forms.....


I signed and sent the consent form to Greg. I had asked my lawyer yesterday what his opinion was and this was his reply. Hopefully, after reading this, more people will sign up for the lawsuit.

Dear XYZ,

Thank you for your email. I am happy to hear about the action that Greg is taking. Please feel free to join that class action. There will be no negative impact on you at all. Hopefully, hundreds (or thousands) of people will join the lawsuit. This should make an impression on the US Department of State and USCIS. Please continue to keep me posted. My brother and I have spoken to Greg over the years, and he has always been honorable and good to deal with. Like Greg, I am hopeful that there will be so much pressure (via lawsuits, complaints, bad newspaper publicity) that they will back off and allow the filings. This is what happened last time. Rather than fight the lawsuits, the government surrendered and allowed the filing of the applications.

Have a good day, and I hope that we will hear good news in the coming days…..

With Best regards,

ABC

[tatikonda]

Honestly, I was little hesitant to fill the form . I am afraid that all my personal information is in the litigation against USCIS/DOS. they may work against my application.

Some folks at USCIS are working against even President Obama and his legacy immigration efforts. However after reading so many forums (Oh Law, Ron Gotcher, Rahul Reddy's immigration girl, Murthy), I believe plaintiff will not have any problem. I am filling Greg form now. I already sent several emails to immigration laywers including AILA contacts. gtzamaras@aila.org and gtzamaras@aila.org

Please send emails and fill Greg's form.

[qesehmk]

Guys ... one unsolicited advice ...

Be leaders. Don't be followers.

Everybody out there has some motive that is not quite aligned with YOUR interest - including this writer. I got my GC 4-5 years back so even I am out of question - other than running this blog and running whereismygc.com as some of you may know.

If you want this situation to change. Do something yourself. Organize. Use this platform or create a new one. And most importantly - SEEK JUSTICE in courts. Seek justice not just about these stupid 485 filing dates. They do not matter much. SEEK JUSTICE FOR FREEDOM FROM DISCRIMINATION BASED ON COUNTRY OF BIRTH.

p.s. - Meanwhile Satveer Chaudhary's advice is to go ahead and file 485s with the old VB in mind. If the lawsuits succeed then you have a claim. If not - your fees are returned. Please see his LinkedIn Article HERE (https://www.linkedin.com/pulse/immigration-qa-well-thats-frustrating-satveer-s-chaudhary-esq-?trk=hb_ntf_MEGAPHONE_ARTICLE_POST)

[tatikonda]

There is no government Shut down this time... Speaker already resigned, It is clear indication that we is not afraid on leftist anyone.
I am sure, he won't make the mistake he made on 2013.


On positive side, they have not removed filing date altogether. The table is still there and other categories are being benefitted. Also I think this may be due to upcoming govt shutdown, even though DHS is self funded they might have just pulled in the plug at last minute looking at dates.. there is no evidence to think Jeh Johnson or John Kerry is against Obama..Just wishful thinking..

[tatikonda]

From Ron Gotcher's immigration Forum...

http://www.immigration-information.com/forums/threads/thread-for-people-interested-in-becoming-plaintiffs-in-a-class-action-to-recover-wasted-visas.19441/page-2


" if you become a plaintiff, you will act as a class representative. That is, you will be suing on your own behalf as well as all others who are in the same situation. Because there are so many different situations, we want as many plaintiffs as we can get. If you become a plaintiff, that status will have no adverse effect on your immigration rights or status. If anything, it might result in your case getting approved faster (if you have a current PD). In the EAD case, the USCIS tried to get out of the litigation by approving all of the EAD applications quickly. Let me add that other than providing us with your story, you won't be required to spend any time on this. You definitely won't need to spend any money."


Ron

James Ronald Gotcher
Global Immigration Partners
22775 Malibu Hills Road, Suite 150
Calabasas Hills, CA 91301
Tel: 818-914-6482
Fax: 818-475-3450

[geterdone]

Do you think class action to recover wasted visas has any meat to it? I know few months back there was some talk about doing something against discrimination based on country of birth. Can we do something about it? I know few folks had showed some interest at that time.


Guys ... one unsolicited advice ...

Be leaders. Don't be followers.

Everybody out there has some motive that is not quite aligned with YOUR interest - including this writer. I got my GC 4-5 years back so even I am out of question - other than running this blog and running whereismygc.com as some of you may know.

If you want this situation to change. Do something yourself. Organize. Use this platform or create a new one. And most importantly - SEEK JUSTICE in courts. Seek justice not just about these stupid 485 filing dates. They do not matter much. SEEK JUSTICE FOR FREEDOM FROM DISCRIMINATION BASED ON COUNTRY OF BIRTH.

p.s. - Meanwhile Satveer Chaudhary's advice is to go ahead and file 485s with the old VB in mind. If the lawsuits succeed then you have a claim. If not - your fees are returned. Please see his LinkedIn Article HERE (https://www.linkedin.com/pulse/immigration-qa-well-thats-frustrating-satveer-s-chaudhary-esq-?trk=hb_ntf_MEGAPHONE_ARTICLE_POST)

[qesehmk]

I wouldn't advise a lawsuit that is everybody's concern.

EB2I and EB3I is problem of people whose changeability is India. Apparently in EB category only India has a problem. Everybody is doing just fine except Philippines EB3 CP. So YOU should think about saying it loud and clear that this is discrimination.

Yes there were some efforts. But people lose heart and say I will suck it up. Besides even the intelligent people get into "Paralysis through analysis". Sometimes "Just do it" is a better strategy.


Do you think class action to recover wasted visas has any meat to it? I know few months back there was some talk about doing something against discrimination based on country of birth. Can we do something about it? I know few folks had showed some interest at that time.

[Jonty Rhodes]

Guys ... one unsolicited advice ...

Be leaders. Don't be followers.

Everybody out there has some motive that is not quite aligned with YOUR interest - including this writer. I got my GC 4-5 years back so even I am out of question - other than running this blog and running whereismygc.com as some of you may know.

If you want this situation to change. Do something yourself. Organize. Use this platform or create a new one. And most importantly - SEEK JUSTICE in courts. Seek justice not just about these stupid 485 filing dates. They do not matter much. SEEK JUSTICE FOR FREEDOM FROM DISCRIMINATION BASED ON COUNTRY OF BIRTH.

p.s. - Meanwhile Satveer Chaudhary's advice is to go ahead and file 485s with the old VB in mind. If the lawsuits succeed then you have a claim. If not - your fees are returned. Please see his LinkedIn Article HERE (https://www.linkedin.com/pulse/immigration-qa-well-thats-frustrating-satveer-s-chaudhary-esq-?trk=hb_ntf_MEGAPHONE_ARTICLE_POST)

I agree. Too much analysis and microdissecting the matter won't take us anywhere. I decided to stand up for myself and filled the consent form from Greg Siskind yesterday night already and I am encouraging everyone impacted by this to do so. Time is the essence in this case. So there is no point in waiting. Strong words Q. Appreciate your insight.

[srimurthy]

What a mess!
Sorry to deviate from the main topic, can we raise a SR or something if the H4EAD is not issues in 90 days. The RD was Jun/24 from Vermont and no change in status.

[mesan123]

I agree. Too much analysis and microdissecting the matter won't take us anywhere. I decided to stand up for myself and filled the consent form from Greg Siskind yesterday night already and I am encouraging everyone impacted by this to do so. Time is the essence in this case. So there is no point in waiting. Strong words Q. Appreciate your insight.

Exactly, Jhonty....thatz what i feel...and encouraging all my friends to do the same at earliest.

[KingofJoy]

I agree. Too much analysis and microdissecting the matter won't take us anywhere. I decided to stand up for myself and filled the consent form from Greg Siskind yesterday night already and I am encouraging everyone impacted by this to do so. Time is the essence in this case. So there is no point in waiting. Strong words Q. Appreciate your insight.

Totally Agree Q and Jonty,
I had to come out of the shell and be responsible for my own future and acted. I filled Greg's form and few others too. Sent an email to local senators.

[mesan123]

copy of the law suit for Oct VB reversal

http://static1.squarespace.com/static/52334c36e4b0dc010cb9d0e4/t/5609eff0e4b057531716783f/1443491824937/Mehta+lawsuit.pdf

[mechanical13]

copy of the law suit for Oct VB reversal

http://static1.squarespace.com/static/52334c36e4b0dc010cb9d0e4/t/5609eff0e4b057531716783f/1443491824937/Mehta+lawsuit.pdf

Great to see such swift action. Lets see what happens!

[qesehmk]

copy of the law suit for Oct VB reversal

http://static1.squarespace.com/static/52334c36e4b0dc010cb9d0e4/t/5609eff0e4b057531716783f/1443491824937/Mehta+lawsuit.pdf
Cool! Pretty good I must say. I see a satya panda -- wonder if that is skpanda from this site? Kudos to these people's courage.

[skpanda]

Cool! Pretty good I must say. I see a satya panda -- wonder if that is skpanda from this site? Kudos to these people's courage.

Good Morning Q and others. Yes, thats me. I have been in touch with Greg since Friday and he is awesome. Replies to emails in minutes. We went back and forth so many times.

One interesting thing:

I requested him to set up a donation page as I was sure many of us would love to contribute financially. He replied that it was an interesting idea but he did not wish to pursue it.

Also, they have been working all weekend. I was talking to them beyond midnight of sunday night (early hours of Monday morning).

Kudos to Greg and his team!

I hope things go thru in our favor.

Regards,
Satya

[vyruss]

Looked through the class action pdf. Amazing fast action by a few motivated people and the law firm in question. Hoping for a positive result for all those affected.

[KingofJoy]

Good Morning Q and others. Yes, thats me. I have been in touch with Greg since Friday and he is awesome. Replies to emails in minutes. We went back and forth so many times.

One interesting thing:

I requested him to set up a donation page as I was sure many of us would love to contribute financially. He replied that it was an interesting idea but he did not wish to pursue it.

Also, they have been working all weekend. I was talking to them beyond midnight of sunday night (early hours of Monday morning).

Kudos to Greg and his team!

I hope things go thru in our favor.

Regards,
Satya


I was wondering if we can pull in some money into some account and use towards these legal proceedings and I'm willing to contribute 500$. I really wish Greg says yes let's get some money so we can use it towards this CAL suit.

[qesehmk]

Satya I admire your courage to fight for yourself!

Greg doesn't need money because he is doing a business (and nothing wrong with that). He will make his money when he wins the lawsuit.

We have received numerous donation requests in the past (to accept donation!) but I haven't been able to do so. Generally speaking people are generous if they see a good cause and transparency.

Good Morning Q and others. Yes, thats me. I have been in touch with Greg since Friday and he is awesome. Replies to emails in minutes. We went back and forth so many times.

One interesting thing:

I requested him to set up a donation page as I was sure many of us would love to contribute financially. He replied that it was an interesting idea but he did not wish to pursue it.

Also, they have been working all weekend. I was talking to them beyond midnight of sunday night (early hours of Monday morning).

Kudos to Greg and his team!

I hope things go thru in our favor.

Regards,
Satya

[tatikonda]

Kudo's to Satya and Other plaintiffs.
Any Idea on the timeline on the case like this will take ?


Good Morning Q and others. Yes, thats me. I have been in touch with Greg since Friday and he is awesome. Replies to emails in minutes. We went back and forth so many times.

One interesting thing:

I requested him to set up a donation page as I was sure many of us would love to contribute financially. He replied that it was an interesting idea but he did not wish to pursue it.

Also, they have been working all weekend. I was talking to them beyond midnight of sunday night (early hours of Monday morning).

Kudos to Greg and his team!

I hope things go thru in our favor.

Regards,
Satya

[skpanda]

I was wondering if we can pull in some money into some account and use towards these legal proceedings and I'm willing to contribute 500$. I really wish Greg says yes let's get some money so we can use it towards this CAL suit.

Thanks King of Joy. Lets wait as to how things go. I will get in touch with you if there is a need.

If Greg wins the case, the government will pay attorney fees so there is no need. God forbid, if that does not happen or DOS backs out the VB making the lawsuit irrelevant, we can request Greg to take donation for his efforts.

Meanwhile, if i possible, kindly send flowers to Jeh Johnson. (Secretary, DHS). I know this is a step promoted by an Organization that is not liked here, but just hoping that it will have an effect.

I have sent 5 separate flower bouquets (one each for me and my wife who are directly Affected. one for my US citizen son. 2 on behalf of my colleagues who share my pain even though they have GC already).

Thanks!

[skpanda]

Kudo's to Satya and Other plaintiffs.
Any Idea on the timeline on the case like this will take ?

Not yet. I will keep this forum informed if i find any info.

[Jonty Rhodes]

Good Morning Q and others. Yes, thats me. I have been in touch with Greg since Friday and he is awesome. Replies to emails in minutes. We went back and forth so many times.

One interesting thing:

I requested him to set up a donation page as I was sure many of us would love to contribute financially. He replied that it was an interesting idea but he did not wish to pursue it.

Also, they have been working all weekend. I was talking to them beyond midnight of sunday night (early hours of Monday morning).

Kudos to Greg and his team!

I hope things go thru in our favor.

Regards,
Satya

Kudos Satya.

Me and my other physician colleague signed the consent forms and emailed Greg back on Sunday evening but seems like you guys were already listed by that time on the lawsuit. This is great and it seems like people are overwhelmingly responding to this injustice. I have always felt that Indians by nature are usually risk averse and I am really feeling happy that everyone is coming together (well not everyone :) ) in this difficult time which we usually don't see. We all are in it together and I admire your and everybody else's efforts to get justice. Lets fight this out regardless of its outcome.

May the justice prevail.