EB2 Predictions (Rather Calculations) - 2011

[Jitesh]

September Visa bulletin has brought disappointment to many.EB2-I has not moved at all.
What is USCIS up to?

[nishant2200]

we know who you are :)

n*5+123 -> mesan123 -> n*6+123

sorry, couldn't resist :D

One of the moderators will solve your problem hopefully.



First of all congrats Q....have a blast today...your approval changed moods of many of us today

now i am not able to login with my userid(mesan).....logged in 5 times with wrong password...had tough day at work...didnt count how many times entered wrong......

i tried the process of reseting the password after 15 minutes, i get the password, even i enter that i am not able to login...

Guru's unlock my mesan account and let me know the steps i need to follow to relogin ....:(

[leo07]

Guys, last year, TeddyK, Spec were all trying to set our expectations right, but we still got carried away with June VB. I guess it's only human to want-more. Let's try to keep our expectations under check.

Realistically, I do not see EB2I becoming current anytime soon. EB2C is a possibility by the end of 2012 year or early 2013.



I also hoping for option 1. Do you see either of the options being exercised in near future?

[nnnnnn123]

someone recognized me thatz good... :)

will wait for moderators msg....



we know who you are :)

n*5+123 -> mesan123 -> n*6+123

sorry, couldn't resist :D

One of the moderators will solve your problem hopefully.

[mygctracker]

Huge Huge congratulations Q. Enjoy your Greenary.

Gurus,

One simple question. On I-485 chart can we assume that the inventory atleast till March 2007 has been cleared by now?

http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/I-485%20Employment-Based%20Inventory%20Statistics/Employment%20Based%20I-485%20Pending%20Inventory%20as%20of%20June%202011. pdf

I don't understand why the inventory chart still shows numbers against months we thought already cleared. What am I missing here?

TIA.

[veni001]

Huge Huge congratulations Q. Enjoy your Greenary.

Gurus,

One simple question. On I-485 chart can we assume that the inventory atleast till March 2007 has been cleared by now?

http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/I-485%20Employment-Based%20Inventory%20Statistics/Employment%20Based%20I-485%20Pending%20Inventory%20as%20of%20June%202011. pdf

I don't understand why the inventory chart still shows numbers against months we thought already cleared. What am I missing here?

TIA.

Those are the cases pending due to RFE, Background Checks, awaiting response for RFE....etc.

[qesehmk]

Pls check your private inbox.


someone recognized me thatz good... :)

will wait for moderators msg....

[mygctracker]

Those are the cases pending due to RFE, Background Checks, awaiting response for RFE....etc.

Thanks Veni. Is there a way to know (roughly) the inventory for people waiting to file I-485?

[march272010]

I am new comer to this forum, was going through flcdatacenter.com. Created 2007,2008,2009,2010 perm data as per the mdb files, hope this might help for further analysis.

thanks

[Jan2008]

Many congratulations Q =)

[aary09]

its right happened with my colleague who filed under eb3I back in 2008 got his GC within 6 months by charging spouse 's country of birth who was Indian born in Europe.




Country of Chargeability is what counts.

Where you born, that's the country of chargeability. In fact, you can even count your spouse's country of birth as chargability if that favors you. The lawyer puts a letter to USCIS indicating to charge spouse's country of birth, as there is no official box in the forms for this.

Let me give you one workflow, which I believe causes significant bleeding from EB2 ROW, which could have come to us.

Many indians settled in middle east many years back. Many of them are quite well off. Their kids born in middle east (Dubai, UAE, etc). They send these kids to India on engineering, medical etc, they can afford the donation fees needed. Next these guys come to USA to do masters. And next when they start working, few years down the line, EB2 ROW, since they were not born in India. I believe children of Indians born in foreign countries like this, are occupying a fair chunk of EB2 ROW. Trackitt trend maybe analysed to come to some formal percentage.

Very good observation vedu. I was just telling Teddy of this few days back.

Note: whatever I say, is for observation, learning, analysis purpose. Should not be counted as my positive or negative opinion about such events or workflows. It is what it is..

[GCWala]

All , wanted to let you know that my friend with PD : 04-Apr-2007 got his approval today.I am newbie to this thread, but have been reading the forum comments for a very long time. Thank you all for your contribution.

Congrats Q-----------

[skpanda]

Good to know that backlog will be cleared till 15th April so there wont be any retrogession (there were some concerns in previous posts by some people that retrogession may happen).




All , wanted to let you know that my friend with PD : 04-Apr-2007 got his approval today.I am newbie to this thread, but have been reading the forum comments for a very long time. Thank you all for your contribution.

Congrats Q-----------

[veni001]

Thanks Veni. Is there a way to know (roughly) the inventory for people waiting to file I-485?

mygctracker,
You can estimate demand based on monthly PERM breakdown posted in FACTS AND DATA SECTION (http://www.qesehmk.org/forums/showthread.php?85-PERM-Breakdowns-For-PD-(including-Monthly-Breakdown))
Use EB2:EB3 ratio 70:30, apply denial rate at 140 stage(~15-20%) and average EB2-140 to 485 ratio 2.05.

[veni001]

I am new comer to this forum, was going through flcdatacenter.com. Created 2007,2008,2009,2010 perm data as per the mdb files, hope this might help for further analysis.

thanks

march272010,
Please check FACTS AND DATA SECTION (http://www.qesehmk.org/forums/showthread.php?50-PERM-Data-and-Calculations-By-SPECTATOR-amp-VENI) for this data.

Note: EB1,EB4,EB5 does not require PERM Labor.

[MeraNoAayega]

I think the next quarterly inventory report (in oct-nov,11) from uscis should give us a good idea...

[nnnnnn123]

Hi Q,

I have replied back your message in private inbox..


Pls check your private inbox.

[10102007]

All,

Is there a public liaison at the office (DoS or USCIS - wherever all this is done)? If yes, a small group with a few of us can go meet and have a talk. It may not do much. Bit these small ripples can become big waves. Atleast for the future set of applicants, things may change.

If not, as someoneone had pointed out a few pages before, we could file a FoIA request asking for the breakdown of numbers.

[tikkahyd]

Congrats Q !!!
Can you explain the procedure to write to a senator about your case ?
I am current now and am taking an InfoPass next week to en-quire about my case status.
But wanted to get ready in case InfoPass yields nothing new.

Thanks !!

[familyguy]

Guys, did any one see this...
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AA53

It looks like this is the final stage... a lot of people will benefit, if this becomes effective


Title: Nonimmigrant Classes; Spouses and Children of Lawful Permanent Residents; V Classification
Abstract: Section 1102 of the LIFE Act of 2000 amends the Immigration and Nationality Act to create a new nonimmigrant classification V for the spouses and children of lawful permanent residents awaiting the availability of an immigrant visa number in the appropriate preference category in accordance with the State Department's monthly Visa Bulletin. Eligible spouses and children of lawful permanent residents residing abroad that obtain the V nonimmigrant visa from the Department of State may work and reside in the United States on the basis of the V classification until they can apply for adjustment of status to that of lawful permanent resident. Certain eligible spouses and children of lawful permanent residents already present in the United States may be granted V classification until they can apply to adjust status to that of lawful permanent resident.



There is a good chance of EAD to H-4 dependents (AC21) the proposed rule getting implemented . Because it is just an admin fix ,not like immigration reform passing thro all corners of the congress.

They have to publish in the Federal Register and wait for any public opinion , objections etc and go on......

The new EAD ( combined) arrived via this route (NPRM).

This new rule {Allowing Certain H-4 Dependent Spouses to Apply for Employment Authorization } making is already started , and is in the proposed rule stage here.......

http://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_LI ST&currentPub=true&agencyCd=1600

[srimurthy]

congrats Q.
A question to all. I got a copy of my I-140 and can see the A-XXXX number, but could not find it in the FLC Datacenter. Also I tracked the SRC number for I-140 at USCIS earlier when it was filed and it showed that it was approved. So what is the way to check the A-xxxx number is correct or not and also get the PD date. It has a date when the labor was filed listed but I am not sure if that should be considered the PD date?
Thanks for the answers.

[ssvp22]

create a new nonimmigrant classification V for the spouses and children of lawful permanent residents awaiting the availability of an immigrant visa number
I dont think we fall under this category.

[nnnnnn123]

if this happens ...it will be little bit of relief as only one of us need to go through this H1b extension tension in family...and finding jobs with an EAD is better than H1b


There is a good chance of EAD to H-4 dependents (AC21) , the proposed rule getting implemented . Because it is just an admin fix ,not like immigration reform passing thro all corners of the congress.

They have to publish in the Federal Register and wait for any public opinion , objections etc and go on......

The new EAD ( combined) arrived via this route (NPRM).

This new rule {Allowing Certain H-4 Dependent Spouses to Apply for Employment Authorization } making is already started , and is in the proposed rule stage here.......

http://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_LI ST&currentPub=true&agencyCd=1600

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92

[ssvp22]

There is a good chance of EAD to H-4 dependents (AC21) , the proposed rule getting implemented . Because it is just an admin fix ,not like immigration reform passing thro all corners of the congress.

They have to publish in the Federal Register and wait for any public opinion , objections etc and go on......

The new EAD ( combined) arrived via this route (NPRM).

This new rule {Allowing Certain H-4 Dependent Spouses to Apply for Employment Authorization } making is already started , and is in the proposed rule stage here.......

http://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_LI ST&currentPub=true&agencyCd=1600

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92

Is it for people who have used AC21 to change employers? Which means they have filed for 485?

[familyguy]

Yeah.. we don't fall under this category.. but I know few people who got stuck in India as their spouses are LPR's...


I dont think we fall under this category.

[nnnnnn123]

oh ok.. i am extending my H1b beyond 5 years for 3 year extension using my approved 140. will my spouse get EAD?


NO , It is for the people who have to use AC21 law to extend their H1b beyond 6 years ( i.e, spouses are eligible for EAD if the H1b holder has Labor or I140 cleared)

[doctorp]

here is the correct link, it seems like it is in initial stages
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92

[skpanda]

Not so soon..It will take some time... if at all this happens.

This is still in 'Proposed Rule Stage'
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92


The NPRM (Notice of Proposed Rule Making) is set for March 2012. Not necessarily that this time line will be met. It may get postponed as well. Worst Case, White house may not allow DHS/USCIS to go further on this rule (especially in this current economic situation and unemployment rate).


Assuming White House gives a go ahead on this rule by March 2012, there will be a comment period (public). After that there is no defined process/timeline (atleast as of now) for this to reach the Final Rule Stage. It may take its own sweet time (months/years).

Therefore....

Yes... this is a good initiative but I would be cautiously optimistic about this. I would not rely on this to make any decisions. This may take atleast 1 year to go thru (if at all it goes thru). Sorry if my statements hurt somebody... but just stated some observations.




if this happens ...it will be little bit of relief as only one of us need to go through this H1b extension tension in family...and finding jobs with an EAD is better than H1b

[Spectator]

Guys, did any one see this...
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AA53

It looks like this is the final stage... a lot of people will benefit, if this becomes effective


Title: Nonimmigrant Classes; Spouses and Children of Lawful Permanent Residents; V Classification
Abstract: Section 1102 of the LIFE Act of 2000 amends the Immigration and Nationality Act to create a new nonimmigrant classification V for the spouses and children of lawful permanent residents awaiting the availability of an immigrant visa number in the appropriate preference category in accordance with the State Department's monthly Visa Bulletin. Eligible spouses and children of lawful permanent residents residing abroad that obtain the V nonimmigrant visa from the Department of State may work and reside in the United States on the basis of the V classification until they can apply for adjustment of status to that of lawful permanent resident. Certain eligible spouses and children of lawful permanent residents already present in the United States may be granted V classification until they can apply to adjust status to that of lawful permanent resident.familyguy,

From what I can tell, this only applies to people that have an approved I-130 under F2A (even then it was highly restrictive because the I-130 had to be filed before Dec 31, 2000), so is inapplicable to EB cases.

The original rule was proposed in 2001 http://www.gpo.gov/fdsys/pkg/FR-2001-09-07/pdf/01-22151.pdf#page=1 In it is seems to say it is only applicable to F2A in several places, most notably in the eligibility section.


Who Is Eligible for V Nonimmigrant Status?

To be eligible for V nonimmigrant status, the alien must be the beneficiary of an immigrant visa petition, Form I–130, Petition for Alien Relative, that was filed by the LPR on or before December 21, 2000, under the F2A preference category of section 203(a)(2)(A) of the Act (8 U.S.C. 1153(a)(2)(A)). The child of a petitioned-for spouse or child beneficiary is also eligible for such status if he or she is accompanying or following to join such an alien.

The alien is eligible for V status if the Form I–130 immigrant visa petition has been pending for 3 years or more. In addition, the alien is eligible for V status after the visa petition has been approved and 3 years have passed since the date of filing, in either of the following circumstances:

(1) An immigrant visa number is not yet available to the beneficiary; or
(2) If an immigrant visa number is available to the beneficiary, his or her application for an immigrant visa abroad or application for adjustment of status under section 245 of the Act (8 U.S.C. 1255) is still pending.

An eligible spouse of an LPR will be classified as V–1. An eligible child of an LPR will be classified as V–2. The child of either, if eligible to accompany or follow to join the principal alien under section 203(d) of the Act (8 U.S.C. 1153(d)), will be classified as V–3.

An alien eligible for V nonimmigrant status may apply for a V nonimmigrant visa at a consular office abroad or, if the alien is already in the United States, he or she may apply to the Service for classification as a V nonimmigrant. An alien in V nonimmigrant status in the United States may obtain employment authorization.

Section 203(a) is FB and (2)(A) refers to F2A.

It's a bit of a tortuous read, but I think I have interpreted it correctly.

It would provide needed relief, given the level of retrogression, if it was more widely available.

[skpanda]

Spec...please see post #6488 for the right link for the proposed rule for H4s.


familyguy,

From what I can tell, this only applies to people that have an approved I-130 under F2A (even then it was highly restrictive because the I-130 had to be filed before Dec 31, 2000), so is inapplicable to EB cases.

The original rule was proposed in 2001 http://www.gpo.gov/fdsys/pkg/FR-2001-09-07/pdf/01-22151.pdf#page=1 In it is seems to say it is only applicable to F2A in several places, most notably in the eligibility section.



Section 203(a) is FB and (2)(A) refers to F2A.

It's a bit of a tortuous read, but I think I have interpreted it correctly.

It would provide needed relief, given the level of retrogression, if it was more widely available.

[familyguy]

Spec,
Thanks for clarifying that..


familyguy,

From what I can tell, this only applies to people that have an approved I-130 under F2A (even then it was highly restrictive because the I-130 had to be filed before Dec 31, 2000), so is inapplicable to EB cases.

It would provide needed relief, given the level of retrogression, if it was more widely available.

[qesehmk]

Congrats Q !!!
Can you explain the procedure to write to a senator about your case ?
I am current now and am taking an InfoPass next week to en-quire about my case status.
But wanted to get ready in case InfoPass yields nothing new.
Thanks !!
Someone also asked for this. I have posted it on a separate thread at http://www.qesehmk.org/forums/showthread.php?144-Approvals&p=7358#post7358

I have also moved all congratulatory comments and responses so as to not create distraction from this thread.


skpanda, I am starting to believe more in this now. So then two observations:
1. They realize SO more, need pipeline, late in the game, leading to Current for EB2 and SO to EB3 ROW. Good for bigger picture because lots of guys get EAD/AP.
2. They realize SO more, need pipeline, early in the game, leading to BTM/UFM, and few people get guaranteed GC, and a few get EAD, and very less SO to EB3 ROW.

Of course these are just two hypothetical situations out of a myriad of scenarios.

Nishant we must also consider a few more - pessimistic ones - though.
They realize SO more, can't build pipeline, visas get wasted.
They realize SO less than 10K, don't need to build pipeline. (This could happen when EB1 and ROW's contribution is zero or even negative.)
For both of these the probability is probably 5% each.


All , wanted to let you know that my friend with PD : 04-Apr-2007 got his approval today.I am newbie to this thread, but have been reading the forum comments for a very long time. Thank you all for your contribution.
Congrats Q-----------
Welcome to forum! Thanks!


congrats Q.
A question to all. I got a copy of my I-140 and can see the A-XXXX number, but could not find it in the FLC Datacenter. Also I tracked the SRC number for I-140 at USCIS earlier when it was filed and it showed that it was approved. So what is the way to check the A-xxxx number is correct or not and also get the PD date. It has a date when the labor was filed listed but I am not sure if that should be considered the PD date?
Thanks for the answers.
The date of labor listed is your PD. I would've said just call USCIS to confirm, but then I realized I-140 is not an application YOU made. This is the application that your company made. But if you are willing to take chances, call USCIS. Do you think your company will give you false information?

[skpanda]

I know... i can feel the pain.. If this rule passes.. my family will benefit right away.


Yes skpanda , it hurts .

[JJcalifornian]

Recapture of PD on I140 after revocation

Seeking opinion from Gurus and experts.

I'm on 4th year on H1B I140 got approved through a consultant with PD jan2009, based on recent VB's this would get current in SEPT2014. If I move out, my employer will revoke my I140 due to the fact that they have to follow some best practices. I'm aware about recapturing I140 PD even after it gets revoked. - more details http://www.trackitt.com/forum/viewDi...page/last_page -

I'm thinking to get a permanent job by early 2012, even if they start GC processing after a year, I wouldn't loose anything as my PD get's current only in 2014, moreover who ever is the employer if they want me to work for them they have to do GC processing since I have visa for only 3 more years.

Now -- what are the chances of legislative solutions for the visa backlog ? Recently both parties are talking about highly skilled immigration reform, do they make it happen anytime soon by keeping CIR aside?

[Spectator]

Spec...please see post #6488 for the right link for the proposed rule for H4s.skpanda,

I wasn't commenting about the h4 proposal.

I was answering familyguys' post.

[mesan123]

Hi Q...

thank you...i am able to login now :) yipee

[qesehmk]

Regardless legislative solution you should get your GC by 2014 as long as you retain your PD.
My understanding is that as long as 140 was approved at some point of time, the labor date sticks to you. So doesn't matter if 140 is revoked. You can carry the PD to next GC application.

Other folks pls correct if wrong.


Recapture of PD on I140 after revocation

Seeking opinion from Gurus and experts.

I'm on 4th year on H1B I140 got approved through a consultant with PD jan2009, based on recent VB's this would get current in SEPT2014. If I move out, my employer will revoke my I140 due to the fact that they have to follow some best practices. I'm aware about recapturing I140 PD even after it gets revoked. - more details http://www.trackitt.com/forum/viewDi...page/last_page -

I'm thinking to get a permanent job by early 2012, even if they start GC processing after a year, I wouldn't loose anything as my PD get's current only in 2014, moreover who ever is the employer if they want me to work for them they have to do GC processing since I have visa for only 3 more years.

Now -- what are the chances of legislative solutions for the visa backlog ? Recently both parties are talking about highly skilled immigration reform, do they make it happen anytime soon by keeping CIR aside?

[rdsingh79]

Actually once a NPRM (proposed rule) is published in Federal Register, there is 60 days mandatory public comment period. Based on the feedback, agencies are free to publish the final rule anytime. So it all depends on how hard a agency is willing to push itself (or how hard the stakeholders can push the agency to finalize the rule). If the H1 immigrant community can organize and push USCIS, it is possible to have this regulation in effect year. This is a huge deal for EB2/3 IC folks (H1B) who are not able to file for I-485 due to backlog.




Not so soon..It will take some time... if at all this happens.

This is still in 'Proposed Rule Stage'
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92


The NPRM (Notice of Proposed Rule Making) is set for March 2012. Not necessarily that this time line will be met. It may get postponed as well. Worst Case, White house may not allow DHS/USCIS to go further on this rule (especially in this current economic situation and unemployment rate).


Assuming White House gives a go ahead on this rule by March 2012, there will be a comment period (public). After that there is no defined process/timeline (atleast as of now) for this to reach the Final Rule Stage. It may take its own sweet time (months/years).

Therefore....

Yes... this is a good initiative but I would be cautiously optimistic about this. I would not rely on this to make any decisions. This may take atleast 1 year to go thru (if at all it goes thru). Sorry if my statements hurt somebody... but just stated some observations.

[rahil1]

Actually once a NPRM (proposed rule) is published in Federal Register, there is 60 days mandatory public comment period. Based on the feedback, agencies are free to publish the final rule anytime. So it all depends on how hard a agency is willing to push itself (or how hard the stakeholders can push the agency to finalize the rule). If the H1 immigrant community can organize and push USCIS, it is possible to have this regulation in effect year. This is a huge deal for EB2/3 IC folks (H1B) who are not able to file for I-485 due to backlog.

It is only for dependents whose primary has already filed 485. Its not for all H4's

[soggadu]

Recapture of PD on I140 after revocation

Seeking opinion from Gurus and experts.

I'm on 4th year on H1B I140 got approved through a consultant with PD jan2009, based on recent VB's this would get current in SEPT2014. If I move out, my employer will revoke my I140 due to the fact that they have to follow some best practices. I'm aware about recapturing I140 PD even after it gets revoked. - more details http://www.trackitt.com/forum/viewDi...page/last_page -

I'm thinking to get a permanent job by early 2012, even if they start GC processing after a year, I wouldn't loose anything as my PD get's current only in 2014, moreover who ever is the employer if they want me to work for them they have to do GC processing since I have visa for only 3 more years.

Now -- what are the chances of legislative solutions for the visa backlog ? Recently both parties are talking about highly skilled immigration reform, do they make it happen anytime soon by keeping CIR aside?

JJ... It is a billion zillion dollar question on everybdy's minds now a days... also keep in mind that the election yr is 2012 and that might be one of the reasons everyone is so mushi mushi abt legal immigration and all... No one can really answer your question directly, not even the highest authority...

also, i remind you not to make any life changing decisions basing on future legislative actions that may or may not happen at all.... In my experience, in this country only those immigrants have made it big... who have kept immigration and career separately... yes it can be done with planning... my take on this...

[RRRRRR]

Hi Q / JJCalifornian,

I think this is a great question as I am not aware of this situation. I also have an approved I-140 and have been thinking to move out of USA and come back later and was not aware of the fact that we can use the old priority date. Is there a time limit attached to it i mean how long one can stay out of USA before restarting your GC process in order to retain the old priority date.
I do have a copy of my approved I-140 and not sure if something else is needed for this.

HI JJcalifornian,

The trackitt link provided by you is not working, i am not sure if we need to consult a lawyer in that case or is that something you have already done.

Thanks

[skpanda]

Why do you think so?

From the rule:

"The Department of Homeland Security (DHS) proposes to amend its regulations by extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). "

This for me means, people who have used AC21 to extend their H1B beyond 6 years (not necessarily they have filed for 485). FYI One of AC21's significant advantage was for people to extens H1B beyond 6 years, provided their I140 has been applied 1 year before completion of 6 years OR I140 is approved.



It is only for dependents whose primary has already filed 485. Its not for all H4's

[ssvp22]

This for me means, people who have used AC21 to extend their H1B beyond 6 years (not necessarily they have filed for 485). FYI One of AC21's significant advantage was for people to extens H1B beyond 6 years, provided their I140 has been applied 1 year before completion of 6 years OR I140 is approved.
Can anyone confirm this statement?

[skpanda]

Source 1:

See point 1:
http://www.murthy.com/news/UDac21up.html


Can anyone confirm this statement?


Source 2:
http://thevisabulletin.com/2008/01/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/

[gchopeful123]

Agree with skpanda... AC21 has various provisions. It is not restricted to providing benefit of changing jobs 6 months after filing I-485. Anyone who is using Labor and I-140 for H1B extension after 6 year limit is essentially using AC21.



Why do you think so?

From the rule:

"The Department of Homeland Security (DHS) proposes to amend its regulations by extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). "

This for me means, people who have used AC21 to extend their H1B beyond 6 years (not necessarily they have filed for 485). FYI One of AC21's significant advantage was for people to extens H1B beyond 6 years, provided their I140 has been applied 1 year before completion of 6 years OR I140 is approved.

[ssvp22]

See point 1:
http://www.murthy.com/news/UDac21up.html

Thank you for the update. Since the rule is on the "Proposed Rule Stage", i think it will be a while before it ever gets published as a rule - http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf

[ssvp22]

Thank you for the update. Since the rule is on the "Proposed Rule Stage", i think it will be a while before it ever gets published as a rule - http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf

Maybe someone can email Kevin(kevin.bazaire@dhs.gov) from http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92 about the progress on the rule.

[memk26]

Agree with skpanda... AC21 has various provisions. It is not restricted to providing benefit of changing jobs 6 months after filing I-485. Anyone who is using Labor and I-140 for H1B extension after 6 year limit is essentially using AC21.

Thats what I also read from this article, anyone in EB category who uses h1 ext using Labor/I140 beyond 6 year their spouse would be eligible for EAD. But this is proposed..lets not discuss much about this now:)

[skpanda]

I thought of that and also calling (202 272-8107).. but realized it may not do any good. These things go at their own pace. Better to leave it as it is and not draw any attention.. otherwise.. Anti immigration folks will start opposing this saying extra people with EADs.. loss of jobs...blah blah.


Maybe someone can email Kevin(kevin.bazaire@dhs.gov) from http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92 about the progress on the rule.

[srimurthy]

The date of labor listed is your PD. I would've said just call USCIS to confirm, but then I realized I-140 is not an application YOU made. This is the application that your company made. But if you are willing to take chances, call USCIS. Do you think your company will give you false information?

Thanks for the response.
Assuming the worst they may share false info, thats the reason I am trying to gather as much as I can. But chances are less, since I got a copy of the notice when I-140 was filed and I tracked the SRC number. Also now I got a complete set of six odd pages that have details of the I-140 when it was filed for me and the dependents. I was only checking how current the FLCDataCenter is and also ensuring that I have all info.

[qesehmk]

Another simple thing you can do is - track the status of 140 on USCIS's website. That will confirm approval or current status.


Thanks for the response.
Assuming the worst they may share false info, thats the reason I am trying to gather as much as I can. But chances are less, since I got a copy of the notice when I-140 was filed and I tracked the SRC number. Also now I got a complete set of six odd pages that have details of the I-140 when it was filed for me and the dependents. I was only checking how current the FLCDataCenter is and also ensuring that I have all info.


Hi Q / JJCalifornian,

I think this is a great question as I am not aware of this situation. I also have an approved I-140 and have been thinking to move out of USA and come back later and was not aware of the fact that we can use the old priority date. Is there a time limit attached to it i mean how long one can stay out of USA before restarting your GC process in order to retain the old priority date.
I do have a copy of my approved I-140 and not sure if something else is needed for this.

HI JJcalifornian,

The trackitt link provided by you is not working, i am not sure if we need to consult a lawyer in that case or is that something you have already done.

Thanks

JJC I think the safest time to port PD is 6 months after filing 485.

Another safe thing is when you change jobs amicably and prior employer doesn't revoke 140.

The following case is GREY!
1. I-140 is approved
2. 485 not yet filed.
3. Employer withdraws I-140
4. You switch jobs and try to recapture PD

Grey because USCIS does say that PD will be retained unless 140 was withdrawn because of fraud or misrepresentation. However sometimes interpretation changes and you need a good lawyer not just with brains but skills to negotiate with USCIS on why PD should be retained.

Remember law as writtten or intended is FINALLY interpreted by mere mortals. And interpreting law in your or my favor is NOT their first priority!!!

[RRRRRR]

Another simple thing you can do is - track the status of 140 on USCIS's website. That will confirm approval or current status.





JJC I think the safest time to port PD is 6 months after filing 485.

Another safe thing is when you change jobs amicably and prior employer doesn't revoke 140.

The following case is GREY!
1. I-140 is approved
2. 485 not yet filed.
3. Employer withdraws I-140
4. You switch jobs and try to recapture PD

Grey because USCIS does say that PD will be retained unless 140 was withdrawn because of fraud or misrepresentation. However sometimes interpretation changes and you need a good lawyer not just with brains but skills to negotiate with USCIS on why PD should be retained.

Remember law as writtten or intended is FINALLY interpreted by mere mortals. And interpreting law in your or my favor is NOT their first priority!!!

Hi Q,

Thanks for your response, i agree with you it might or might not be possible to keep the old PD date if you just have a approved I-140. Things are straight forward if you have an approved I140 with 485 pending for more then 180 days.

So i guess in my case(have approved I140 and have not filed 485) it depends on my current employer, if they withdraw the I-140 then it can go either way once i re-start my GC with other employer at a later stage. I guess by law they are not required to withdraw the I140, i mean it is not the same as H1B since I140 is for future employment and company may retain the I140 for certain period, but again it depends on companies policy which may change over a period of time.

Thanks once again

[rdsingh79]

skpanda,
You are correct. Section 104(c) of AC21 Act applies to folks who are beyond their normal 6 yrs H1B limit and cannot apply for adjustment of status (due to unavailable immigrant visa numbers). So this new rule should be helpful to lots of folks who are waiting to file for I-485.



Why do you think so?

From the rule:

"The Department of Homeland Security (DHS) proposes to amend its regulations by extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). "

This for me means, people who have used AC21 to extend their H1B beyond 6 years (not necessarily they have filed for 485). FYI One of AC21's significant advantage was for people to extens H1B beyond 6 years, provided their I140 has been applied 1 year before completion of 6 years OR I140 is approved.

[qesehmk]

Sure. Given that USCIS has now disallowed labor substitution, the employer has no use of the labor or 140 should the employee leave.
Plus the employer has to pay the lawyer to even withdraw 140. So generally if you leave amicably, you should expect to retain PD.

Even otherwise you could as I said but then its a matter of chance!


Hi Q,

Thanks for your response, i agree with you it might or might not be possible to keep the old PD date if you just have a approved I-140. Things are straight forward if you have an approved I140 with 485 pending for more then 180 days.

So i guess in my case(have approved I140 and have not filed 485) it depends on my current employer, if they withdraw the I-140 then it can go either way once i re-start my GC with other employer at a later stage. I guess by law they are not required to withdraw the I140, i mean it is not the same as H1B since I140 is for future employment and company may retain the I140 for certain period, but again it depends on companies policy which may change over a period of time.

Thanks once again

[shreyasai2004]

Hi Gurus,

I have one quick question. I don't have any documents or related information about my Green card process. My employer told me that it is company policy not provide any documents and information to employee. How can I get copies of my documents like approved I-140 and PERM ceritificate. Because first my employer told me that my PD is XX-XX-XXXX now he was saying different date. Now I am suspecting that he was started or not my GC. Let me know how can I get my documents from USCIS. I don't have any information about my GC process. I heared that we can submit G-639 form to get all information but in G-639 form they are asking petition cliam or receipt number and alien registration number. I don't have any information about that. Please let me know what exact information we need to provide to get my documents.


Thanks Gurus in advance for providing information.

[Wiscdude]

Hello every one,

My priority date is 23rd sep 2007, EB2 india. Could anyone predict when could i file 485 & be greened???


Thanks,
Wisc...

[RRRRRR]

Hello every one,

My priority date is 23rd sep 2007, EB2 india. Could anyone predict when could i file 485 & be greened???


Thanks,
Wisc...

Hi Wisc,

It is hard to predict but based on the figures posted by the senior members you might be able to file it somewhere between Q1-Q2/2012 and definitely before Sep 2012.

It all depends on the SOFAD which we will receive from Eb1 and Eb2 ROW which in turn is dependent on economy and other factors.

Hope this will help.

[Wiscdude]

Thank you very much RRRRR..

[manipur]

Gurus Can we find out if there is a chance of Quarterly spillover.They have already taken one step by starting the spillover before Q4.

[JJcalifornian]

Thanks much Q,RR,Soggadu,

I agree to some part of it, I was trying to find the options for so long, if you consult a lawyer, in most cases they would say - yes, it's possible - and when you face the situation, things can go wrong, they can wash their hands by telling " Sorry I didn't think about it, oh I missed it blah blah" Here I see real experiences of people and one guy tried 5 times to recapture PD finally he got approved in 6th time. As Q said it depends on the lawyers ability and the service center you are requesting.

The pain, frustration, making $30-40K/yr less than market rate for years, makes me to think of taking the risk.Only thing if for some reason they changed the laws and open up for every one then I would be part of next PWMB.

Here I'm copying the trackitt link again http://www.trackitt.com/usa-discussion-forums/i140/491112513/i-140-approved-but-priority-date-was-not-recaptured/page/1 or you can search the string
" i 140 approved but priority date was not recaptured" on trackitt

Sorry for taking you away from calculations, this thread is intended for...

[leo07]

Realistically, you must be prepared to file for AOS in the months of July-August-September of 2012. Please plan accordingly. anything before that is a miracle. My PD:June 8th 2007, I'm mentally preparing myself for the same period, just as FYI

Good Luck.

Hello every one,

My priority date is 23rd sep 2007, EB2 india. Could anyone predict when could i file 485 & be greened???


Thanks,
Wisc...

[Reader]

My priority date is 12/12/2007 and I was very confident that I will be able to apply 485 latest by September 2012. Now after seeing the last bulletin and various statistics in this thread showing the backlog, it looks like I could be in the border of missing 2012 and wait for the following year 2013’s spillover season. Is that a fair assumption or being too pessimistic?


Realistically, you must be prepared to file for AOS in the months of July-August-September of 2012. Please plan accordingly. anything before that is a miracle. My PD:June 8th 2007, I'm mentally preparing myself for the same period, just as FYI

Good Luck.

[qesehmk]

That certainly is pessimistic. But I wouldn't blame your pessimism given how you may have felt robbed off the same opportunty this year itelf.

Another thing to remember is that regardless when you file, the time to greencard doesn't get affected much when compared with people who are around your PD.

So e.g. people who missed 2007 boat are still getting their GCs immediate ly when they are able to file 485.

My priority date is 12/12/2007 and I was very confident that I will be able to apply 485 latest by September 2012. Now after seeing the last bulletin and various statistics in this thread showing the backlog, it looks like I could be in the border of missing 2012 and wait for the following year 2013’s spillover season. Is that a fair assumption or being too pessimistic?

[cbpds1]

I think we should think the American way, what does it take for us to port from EB2 to EB1 instead of waiting endlessly

just my thought, havent found an answer though


That certainly is pessimistic. But I wouldn't blame your pessimism given how you may have felt robbed off the same opportunty this year itelf.

Another thing to remember is that regardless when you file, the time to greencard doesn't get affected much when compared with people who are around your PD.

So e.g. people who missed 2007 boat are still getting their GCs immediate ly when they are able to file 485.

[qblogfan]

The major difference is that:

PWMB people didn't have EAD/AP in the past 4-5 years and EAD/AP means minimum to these PWMB folks.

The people who caught the bus of 2007, they have been enjoying the freedom and benefits for 4-5 years.

If MR.CO does not BTM, people after 2007 will not enjoy the benefits of EAD/AP too much because he will wait for the last moment to move VB.

EAD/AP will not benefit the folks after 2007.



That certainly is pessimistic. But I wouldn't blame your pessimism given how you may have felt robbed off the same opportunty this year itelf.

Another thing to remember is that regardless when you file, the time to greencard doesn't get affected much when compared with people who are around your PD.

So e.g. people who missed 2007 boat are still getting their GCs immediate ly when they are able to file 485.

[cbpds1]

Maybe CO is been provided with a new policy to contrain us folks as much as possible(akin to the H1 stamping model), in order to flush out H1 folks out of the country......I see it as a govt policy , CO is just the face of it.

H1 petition, Labor/140 --> less hurdles --> Funds to the govt
H1 stamping , EAD-->GC --> implement policy, block --> Less fees to be received.


The major difference is that:

PWMB people didn't have EAD/AP in the past 4-5 years and EAD/AP means minimum to these PWMB folks.

The people who caught the bus of 2007, they have been enjoying the freedom and benefits for 4-5 years.

If MR.CO does not BTM, people after 2007 will not enjoy the benefits of EAD/AP too much because he will wait for the last moment to move VB.

EAD/AP will not benefit the folks after 2007.

[qesehmk]

That would indeed be a very good outcome for anybody.

I think we should think the American way, what does it take for us to port from EB2 to EB1 instead of waiting endlessly


I completely agree with this. Exactly what I have always said.

The major difference is that:
PWMB people didn't have EAD/AP in the past 4-5 years and EAD/AP means minimum to these PWMB folks.
The people who caught the bus of 2007, they have been enjoying the freedom and benefits for 4-5 years.

If MR.CO does not BTM, people after 2007 will not enjoy the benefits of EAD/AP too much because he will wait for the last moment to move VB.

EAD/AP will not benefit the folks after 2007.

[ssvp22]

Maybe CO is been provided with a new policy to contrain us folks as much as possible(akin to the H1 stamping model), in order to flush out H1 folks out of the country......I see it as a govt policy , CO is just the face of it.

H1 petition, Labor/140 --> less hurdles --> Funds to the govt
H1 stamping , EAD-->GC --> implement policy, block --> Less fees to be received.

I agree with this, especially if you look at the big way INS has come after contracting companies by finding all kind of loopholes in the H1 petition process. Big Co immigrants were screwed anyway when they do layoffs, which happens ever 3-4 years as part of the recession. So, if GC cycle is made 2+5 years(2 years before company files and 5 years it takes for approval), INS is pretty much making sure that very few from India, China survive the process. As compared to this people from Mongolia and Nepal get their GC in 1 year. No doubt debt is at $14 trillion.

[superdesi2100]

The major difference is that:

PWMB people didn't have EAD/AP in the past 4-5 years and EAD/AP means minimum to these PWMB folks.

The people who caught the bus of 2007, they have been enjoying the freedom and benefits for 4-5 years.

If MR.CO does not BTM, people after 2007 will not enjoy the benefits of EAD/AP too much because he will wait for the last moment to move VB.

EAD/AP will not benefit the folks after 2007.

Man, I understand your pain. I was one of the few lucky ones to barely made it during July 2007 fiasco. My labor was filed on 5/30/07. I had our HR check status of my labor everyday after DOS made all categories current.

My Labor status changed to certified at about 2:30pm on 8/15/07. It showed pending in the morning the same day. I called my lawyer and asked him if this gives us enough time to file I-140 and I-485 by 8/17/11. The lawyer stayed in his office until 9:00pm that night for me. He and I completed all the documents and I emailed those to my company's president for signature. My company's president signed the documents and personally carried them to my lawyer's office on 8/16/11 (this is significant because I am the the first and only person sponsored by my company so far and my company's president doesn't even fax any document himself). I work in a satellite office of my company in a different state. I sent my documents by FedEx same day delivery to my lawyer's office on 8/16/11. The lawyer assembled everything on 8/16/11 and overnighted the package to USCIS for 8/17/11 delivery.

My life has been significantly better since then. My wife has been working full time because she got an EAD and it has improved our financial condition quite a bit.

I personally think that if a person has an approved I-140, he or she should be issued an EAD no matter what. EAD has nothing to do with green card. USCIS can issue a green card when the priority date becomes current. Mean while the person can continue to work with EAD.

Be patient man - your day will come too...

[Wiscdude]

Thanks Leo.

[valuablehurdle]

My concern is that the dates should not retrogress in the coming months.
If I understand correctly... If the backlog before April 15th is cleared, the dates will not retrogress in the subsequent months. Right? Guru's can you please educate me of this....

[gc_usa]

My concern is that the dates should not retrogress in the coming months.
If I understand correctly... If the backlog before April 15th is cleared, the dates will not retrogress in the subsequent months. Right? Guru's can you please educate me of this....

It may or may not retro. if Porting and PWMB demand is more than what DOS allocate then it can retro. Assume that demand come 800 and DOS allocate only 700 out of 2800 then it will retro but to prevent retro CO can allocated 800. But again if at some point if demand exceeds 2800 before spill over starts date will retro.

[veni001]

My concern is that the dates should not retrogress in the coming months.
If I understand correctly... If the backlog before April 15th is cleared, the dates will not retrogress in the subsequent months. Right? Guru's can you please educate me of this....

valuablehurdle,

Based on FY2010 trending, unless documentarily qualified porting numbers (EB3I-->EB2I) are more than 500 per month EB2I should stay at 15APR2007 until some spillover numbers are made available.

On the otherhand EB2C should see at-least two week forward movement every month starting October Bulletin.

[qblogfan]

Thanks for your kind words!

All the folks after 2007 have the same wish: get EAD/AP one year or two years earlier.

Originally I thought BTM would make our dreams come true, but the cold blooded sep. VB killed this dream again.


Man, I understand your pain. I was one of the few lucky ones to barely made it during July 2007 fiasco. My labor was filed on 5/30/07. I had our HR check status of my labor everyday after DOS made all categories current.

My Labor status changed to certified at about 2:30pm on 8/15/07. It showed pending in the morning the same day. I called my lawyer and asked him if this gives us enough time to file I-140 and I-485 by 8/17/11. The lawyer stayed in his office until 9:00pm that night for me. He and I completed all the documents and I emailed those to my company's president for signature. My company's president signed the documents and personally carried them to my lawyer's office on 8/16/11 (this is significant because I am the the first and only person sponsored by my company so far and my company's president doesn't even fax any document himself). I work in a satellite office of my company in a different state. I sent my documents by FedEx same day delivery to my lawyer's office on 8/16/11. The lawyer assembled everything on 8/16/11 and overnighted the package to USCIS for 8/17/11 delivery.

My life has been significantly better since then. My wife has been working full time because she got an EAD and it has improved our financial condition quite a bit.

I personally think that if a person has an approved I-140, he or she should be issued an EAD no matter what. EAD has nothing to do with green card. USCIS can issue a green card when the priority date becomes current. Mean while the person can continue to work with EAD.

Be patient man - your day will come too...

[bieber]

Veni

Thanks for updating the 140 and Eb1 calculations thread, I still don't get that how the 16894 eb1 receipts for fy2010 (which was published from AILA recently) is derived from the total receipts and perm approvals. (even with 2 month lag)

There are couple of typos/errors (not sure)
Total fy2011 eb1 receipts are 13794, but you have 14092
Total 140 receipts for fy2010 are 77320, but you have 77280

not a big number difference though

[mvinayam]

valuablehurdle,

Based on FY2010 trending, unless documentarily qualified porting numbers (EB3I-->EB2I) are more than 500 per month EB2I should stay at 15APR2007 until some spillover numbers are made available.

On the otherhand EB2C should see at-least two week forward movement every month starting October Bulletin.

Hi Veni,

Quick clarification. If all the backlogs till Apr 15th 2007 are cleared by Sep-2011 then the date needs to be moved for EB2I per monthly quote atleast by a week or two isint in order to preadjudicate the visas for the pending I-485 from Apr 15 2007 - Aug 17th 2007.

[donvar]

I think we should think the American way, what does it take for us to port from EB2 to EB1 instead of waiting endlessly

just my thought, haven't found an answer though

If you can get some patents, I think that's more than enough for EB1. Any thing less (publishing papers and supervising, etc) will always have uncertainty.

[RRRRRR]

valuablehurdle,

Based on FY2010 trending, unless documentarily qualified porting numbers (EB3I-->EB2I) are more than 500 per month EB2I should stay at 15APR2007 until some spillover numbers are made available.

On the otherhand EB2C should see at-least two week forward movement every month starting October Bulletin.

In addition to what Veni Added.

The only time Eb2 has been going back and forth is during 2008 and early 2009 and i guess the reason for that was the 2007 fiasco as USCIS/DOS were still trying to get their hands around it, which is understandable.

Once again if we look at the 2007 inventory it is almost double as compared to any previous years where more people have been filing in Eb2 which triggered more Labor and I140 apart from the 2007 fiasco. These two reasons combined could have resulted in the back and forth movement of dates during 2008 and 2009.

I may be wrong but I have that USCIS have a tendency to move back the dates after 3-4 years and this happens in a cycle but then they come back nicely within the same year or the following year. I will see if i can find that graph again.

This year and last year have been pretty consistent in terms of date movement and i think the reason is because they are able to hold the ball and i am sure they do not want to drop it again.

There is a possibility of retrogressing depending on the head winds(specified by Senior Members earlier) which mainly are the Porting and the New Eb2 category which they just introduced.

The SOFAD on the other hand will be dependent on EB1 filings and EB2-ROW. Based on the information(more reports and data being provided to public) it seems like they will be moving in a planned manner.

[skpanda]

Not necessarily. There are PWMB + Porting applications taht can have PD before Apr 15 2007. If atleast 300 such applications are ready for approval every month in Q1 and Q2 of FY 2012, dates will not move untill theose applications are exhausted (worst case, till May/June 2012.. that is when Spillover will start).


Hi Veni,

Quick clarification. If all the backlogs till Apr 15th 2007 are cleared by Sep-2011 then the date needs to be moved for EB2I per monthly quote atleast by a week or two isint in order to preadjudicate the visas for the pending I-485 from Apr 15 2007 - Aug 17th 2007.

[qblogfan]

I agree with this.

This is very true. I think their main goal is to constrain these labors as much as they can.

Firist, the more travel these EB immigrants can do, the higher risk that they may release US secrets to foreign countries. I think that's why they tight H1B stamping as much as they can. Many people are afriad of the background check delay, thus they have to give up the travel plans to their home country. This system wants to minimize the communication between EB immigrants and home countries.

On the other hand, the longer these EB immigrants wait, the less chance that they will abandon GC and return to home country. If we wait for so many years for this GC, I doubt people will give it up easily and return to home country. Therefore, these labors will continue to work for them.

Finally, for the labor cost, most of the EB immigrants are underpaid, by limiting EAD use, we have to stick to low paid jobs. It's similar with the first several years in 1900s, cheap labor from Europe built the infrastructure in east coast.

I think these three reasons decided that Mr.CO didn't do BTM in this summer. If BTM had happened, it would be a huge relief to the EB C&I immigrants, but it's not the best for their interests.




Maybe CO is been provided with a new policy to contrain us folks as much as possible(akin to the H1 stamping model), in order to flush out H1 folks out of the country......I see it as a govt policy , CO is just the face of it.

H1 petition, Labor/140 --> less hurdles --> Funds to the govt
H1 stamping , EAD-->GC --> implement policy, block --> Less fees to be received.

[pch053]

Veni doesnt make sense . explain

I think Veni probably meant "unless documentarily qualified porting numbers (EB3I-->EB2I) are less than 500 per month EB2I should stay at 15APR2007 until some spillover numbers are made available". Maybe he can correct me, if I am mistaken.

[qblogfan]

On mitbbs, one guy attended an AC21 conference and mentioned that:

This is exactly some congressmen complained: if GC applicants can get EAD
and AP easily, they get almost the same benefit as GC holder, what's the
point of letting them wait 4-5 years? O agreed and promised that
this won't happen again.

No matter this complaint reasonable or not, a flood like 2007 seems unlikely
to happen again in the near future.

I think the congress people are not happy that many EB immigrants have EAD/AP for 4-5 years. Maybe that's one reason that Mr.Co didn't BTM.


Maybe CO is been provided with a new policy to contrain us folks as much as possible(akin to the H1 stamping model), in order to flush out H1 folks out of the country......I see it as a govt policy , CO is just the face of it.

H1 petition, Labor/140 --> less hurdles --> Funds to the govt
H1 stamping , EAD-->GC --> implement policy, block --> Less fees to be received.

[gcseeker]

skpanda

I was thinking actually this scenario will finally give an credible picture about the porting. If porting is peaking at 6K it would easily give us more than 300 applications each month ( it should be double that number if porting is really that high).USCIS should have an fair handle on PWMB apps.

If the dates do retrogress it would prove once and for all that porting is consuming numbers.




Not necessarily. There are PWMB + Porting applications taht can have PD before Apr 15 2007. If atleast 300 such applications are ready for approval every month in Q1 and Q2 of FY 2012, dates will not move untill theose applications are exhausted (worst case, till May/June 2012.. that is when Spillover will start).

[bieber]

qblogfan

I don't think CO can justify the BTM at this point, pending invenotry has 8000 demand and full year IC quota is just 5600. we can assume spillover for granted but he has to have some kind of proof to do anything about that. If Eb1 yields same amount of SO next year, the dates will be easily in 2008 next year this time

[gcseeker]

qblogfan

I would agree that an repeat of the July 2007 situation is simply not possible. I have stronger faith in the direction of politics ,economy and policy than the CO or the visa bulletin itself.

1.2012 election year- Obama does not need the press going gaga over people getting GC's easily when average americans continue to suffer everyday.
2.USCIS and DOS will get an earful from their bosses if they do this.
3.The prospect of legal wrangles.

Atleast I would not factor this into my calculations. Call me pessimistic but I would prefer to go with the ground numbers.

Expecting SOFAD of 18K next year.Economy will be bad so maybe the gods will take mercy and send another 3-4k
Unknowns: EB1 surge/gaming and porting and PWMB.

To clear Dec 2007 -25/26K required in SOFAD.
Even if I think SOFAD will be 22k-best case will be Sep /Oct 2007.


I would not bet on the category getting current or pipelines getting built.Porting and EB1 surge can take care of it.

2013 is the time I would hope finally the train leaves 2007 PD's behind.


P.S This might be an super pessimistic view ..I would prefer to have the most worst case scenario in front of me rather than get my hopes dashed again.


On mitbbs, one guy attended an AC21 conference and mentioned that:

This is exactly some congressmen complained: if GC applicants can get EAD
and AP easily, they get almost the same benefit as GC holder, what's the
point of letting them wait 4-5 years? O agreed and promised that
this won't happen again.

No matter this complaint reasonable or not, a flood like 2007 seems unlikely
to happen again in the near future.

I think the congress people are not happy that many EB immigrants have EAD/AP for 4-5 years. Maybe that's one reason that Mr.Co didn't BTM.

[qblogfan]

Yes, I agree with you.

The politics played a role in this last VB. The unemployment rate is high and they don't want to cause misconception that they are helping immigrants. Frankly, there is nothing wrong to BTM. The reason for delaying BTM is to make them look good. We are suffering......


qblogfan

I would agree that an repeat of the July 2007 situation is simply not possible. I have stronger faith in the direction of politics ,economy and policy than the CO or the visa bulletin itself.

1.2012 election year- Obama does not need the press going gaga over people getting GC's easily when average americans continue to suffer everyday.
2.USCIS and DOS will get an earful from their bosses if they do this.
3.The prospect of legal wrangles.

Atleast I would not factor this into my calculations. Call me pessimistic but I would prefer to go with the ground numbers.

Expecting SOFAD of 18K next year.Economy will be bad so maybe the gods will take mercy and send another 3-4k
Unknowns: EB1 surge/gaming and porting and PWMB.

To clear Dec 2007 -25/26K required in SOFAD.
Even if I think SOFAD will be 22k-best case will be Sep /Oct 2007.


I would not bet on the category getting current or pipelines getting built.Porting and EB1 surge can take care of it.

2013 is the time I would hope finally the train leaves 2007 PD's behind.

[qblogfan]

yes, what you said also makes sense.

However, based on the current situation, it is not a sure thing that they can advance PD into 2008 in the next summer. I think maybe it will need another year's SOFAD to clean up 2007 cases. Things are going south.......we (pd2008) may have to continue to suffer for 2 years.


qblogfan

I don't think CO can justify the BTM at this point, pending invenotry has 8000 demand and full year IC quota is just 5600. we can assume spillover for granted but he has to have some kind of proof to do anything about that. If Eb1 yields same amount of SO next year, the dates will be easily in 2008 next year this time

[donvar]

qblogfan

I would agree that an repeat of the July 2007 situation is simply not possible. I have stronger faith in the direction of politics ,economy and policy than the CO or the visa bulletin itself.

1.2012 election year- Obama does not need the press going gaga over people getting GC's easily when average americans continue to suffer everyday.
2.USCIS and DOS will get an earful from their bosses if they do this.
3.The prospect of legal wrangles.

Atleast I would not factor this into my calculations. Call me pessimistic but I would prefer to go with the ground numbers.

Expecting SOFAD of 18K next year.Economy will be bad so maybe the gods will take mercy and send another 3-4k
Unknowns: EB1 surge/gaming and porting and PWMB.

To clear Dec 2007 -25/26K required in SOFAD.
Even if I think SOFAD will be 22k-best case will be Sep /Oct 2007.


I would not bet on the category getting current or pipelines getting built.Porting and EB1 surge can take care of it.

2013 is the time I would hope finally the train leaves 2007 PD's behind.


P.S This might be an super pessimistic view ..I would prefer to have the most worst case scenario in front of me rather than get my hopes dashed again.

Your estimate is realistic. 2013 would be the time for late 2007 PDs.
Also dont expect economy to add to 2012 spillover. Any change in the economy will not effect until a year i.e. 2013. Normally companies do not apply for GC immediately after they hire. They apply it normally after a year.

[qblogfan]

Yeah, I think PD 2008 need to wait for two more summers to get green.

With the new EB2 program, the porting with be more in the next year. Additionally EB5 will be faster next FY and they may consume more visas.

It is realistic that FY 2012 can only cover PD 2007.


Your estimate is realistic. 2013 would be the time for late 2007 PDs.
Also dont expect economy to add to 2012 spillover. Any change in the economy will not effect until a year i.e. 2013. Normally companies do not apply for GC immediately after they hire. They apply it normally after a year.

[nishant2200]

I am glad to see that we are all now becoming more on the cautious side, more realistic, and even pessimistic.

Let the new FY begin, it will be very interesting to watch the trends in the first quarter, and then the second quarter.

USCIS's next pending 485 inventory report will be very helpful.

[qesehmk]

Thats how i think we should see it. We have no reason to believe that next year will be better or worse compared to this year. So go with what we think we had this year - which is basically ~28K SOFAD total. So next year ~28K means approx Jan 2008 by Sep 2012.

Will this change? Why not. But we can't say now whether it will change and in what direction.


minus one . I cant be pessimistic , even realistic .

I have a gut feeling that the trend will not change all of a sudden, it takes time . In others view it may look like a day dream , but I like the dream for time being .

[gc_usa]

I am glad to see that we are all now becoming more on the cautious side, more realistic, and even pessimistic.

Let the new FY begin, it will be very interesting to watch the trends in the first quarter, and then the second quarter.

USCIS's next pending 485 inventory report will be very helpful.

you seems like new in journey.. :) join the qtr waiting club. before it used to July waiting now its may since spill over happened in May this year.

[nishant2200]

minus one . I cant be pessimistic , even realistic .

I have a gut feeling that the trend will not change all of a sudden, it takes time . In others view it may look like a day dream , but I like the dream for time being .

K, not being realistic or being in dream can lead to loss of precious time and planning. For example, there are various young guys in my company, who have PDs in 2010, 2011. They all affectionately call me bhai, and I remind them time and again of how this entire system moves, and how much dependent we are on SO. There is one guy, whose mother is alone in India. He read somewhere about a supposed thumb rule of PD + 5 years for green card. There is another guy, who thinks dates automatically move one year at least every year. These guys are like 25-26 years of age, single, and there are various avenues, countries, open to them.

My personal belief, at least at this point is to be on the conservative side, because immigration relates to lot of important life decisions for many people.

And a good balance of judgement is only obtained when there are both conservative, as well as optimistic dreamers, in any forum, I believe.

[gcseeker]

Nishant

Well put and I just wanted to type the same thing. In the movie "Negotiator" Samuel Jackson says always start off with the worst case scenario to get an baseline.


The pessimistic expectation for 2012 is actually helping me take some important career decisions.I will illustrate for the benefit of others.

Decision: Accept an promotion or seek an job change with nice hike in salary. (PD-Nov 2007)

Scenario 1:Rosy expectation that Dates will move to 2008 in 2012

If that is my expectation ,I will not risk moving to a new job or seek an job promotion since that would essentially mean that I would have to redo the whole labour and I-140 process . If the dates just move and then retrogress...I will be stuck with the same job with an EAD since AC-21 will kick in and I will not be able to get the job I wanted untill the whole gc tangle is over...which means same old job till 2013 end with no improvement in career and not getting any younger.

Scenario 2: Realistic Expectation: 2012 will not enable late 2007 PD's

This might prompt me to seek a new job right now.Move to the company with hike in salary and position in 2012 and maybe one year later get back in line in 2013.
By that time if the optimistic expectation is right ,anyhow dates would have moved and I will get GC with new job ,salary hike with no worries of AC-21 by end of 2013.

I will not lose much by the jump but have everything to gain. Always the fear of RFE's on the I-140 will be there.....that is dependent on the personal comfort level.

Same goes for 2008 PD guys who might make an nice jump in career due to this decision.....


"The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails"


K, not being realistic or being in dream can lead to loss of precious time and planning. For example, there are various young guys in my company, who have PDs in 2010, 2011. They all affectionately call me bhai, and I remind them time and again of how this entire system moves, and how much dependent we are on SO. There is one guy, whose mother is alone in India. He read somewhere about a supposed thumb rule of PD + 5 years for green card. There is another guy, who thinks dates automatically move one year at least every year. These guys are like 25-26 years of age, single, and there are various avenues, countries, open to them.

My personal belief, at least at this point is to be on the conservative side, because immigration relates to lot of important life decisions for many people.

And a good balance of judgement is only obtained when there are both conservative, as well as optimistic dreamers, in any forum, I believe.

[veni001]

Murthy.com News Brief
http://www.murthy.com/news/n_encent.html

[ssvp22]

I think people with PDs post 2008 April should really jump the ship in case they get better job offer. Worst off are people with PD in Oct-Dec 2007 timeframe.

[ssvp22]

Murthy.com News Brief
http://www.murthy.com/news/n_encent.html

Thank you for the find. In some ways its good that you can be working for your own company while waiting for the GC. Establishing BoD as per INS requirements will be the hard part.

[qesehmk]

I think what you mean is May 2008 forward has no hope of becoming current during 2012 - so one might as well change jobs and get a good hike.

I think by and large I would agree but with a caveat - these people need to take care of their PD retention OR be prepared to lose PD.



I think people with PDs post 2008 April should really jump the ship in case they get better job offer. Worst off are people with PD in Oct-Dec 2007 timeframe.

[mesan123]

I agree with you guys. but moving jobs and porting your PD is not easy these days...

just few facts to keep in mind before you move...
for instance in my case...my priority date is feb 2011(eb2). i got couple of new offers...defnitely there is hike in salary and position but there is a big catch...
1)most of the full time job offering companies are not ready for EB2 even though you qualify.
2)you need to wait minimum 1 year for them to start process
3) will take another 6-8months before they file labor and 3-5 months for labor approval
4) incase your case is audited you wont know how long that may take
5) 140 approval will take another 6-10months time in normal processing



one of the recent offers i got HR mentioned that incase i get 3 year extension with my current 140 then they will start my gc process 1 year before my h1b expiry.

my suggestion would be if your job is secured and you already have 140 approved and current job is good, stick to it rather than moving to new place ...finding fulltimes in H1b is tough...if you are in 5th or 6th year of h1b it is even tough(even if you have 140 approval)

if thinking of moving to consultancy companies...if you are experienced and willing to relocate anywhere in usa you can find job.....but H1b transfer and visting your home country(for visa stamp) would be biggest hurdles...

another major thing to keep in mind if recession or us market is not doing good....we may get SOFAD more for GC...but for H1b's it will be bad..
just my 2 cents..


I think what you mean is May 2008 forward has no hope of becoming current during 2012 - so one might as well change jobs and get a good hike.

I think by and large I would agree but with a caveat - these people need to take care of their PD retention OR be prepared to lose PD.

[whereismygclost]

very nicely put ..i have pd oct'07 and have been tempted by promotion/hike offers by recruiters...but don't think it is worth going through the whole process again ..just my personal opinion ...have seen my dear friend wait for labor audit to be cleared for 2.5 years and just feel it is better to bite the bullet and hope that 2012 i will be free ...

I agree with you guys. but moving jobs and porting your PD is not easy these days...

just few facts to keep in mind before you move...
for instance in my case...my priority date is feb 2011(eb2). i got couple of new offers...defnitely there is hike in salary and position but there is a big catch...
1)most of the full time job offering companies are not ready for EB2 even though you qualify.
2)you need to wait minimum 1 year for them to start process
3) will take another 6-8months before they file labor and 3-5 months for labor approval
4) incase your case is audited you wont know how long that may take
5) 140 approval will take another 6-10months time in normal processing



one of the recent offers i got HR mentioned that incase i get 3 year extension with my current 140 then they will start my gc process 1 year before my h1b expiry.

my suggestion would be if your job is secured and you already have 140 approved and current job is good, stick to it rather than moving to new place ...finding fulltimes in H1b is tough...if you are in 5th or 6th year of h1b it is even tough(even if you have 140 approval)

if thinking of moving to consultancy companies...if you are experienced and willing to relocate anywhere in usa you can find job.....but H1b transfer and visting your home country(for visa stamp) would be biggest hurdles...

just my 2 cents..

[03May07]

Has anyone coined a word like 'PWMB' for all the PWMB's who were at ill luck after Sep VB?

[nishant2200]

Has anyone coined a word like 'PWMB' for all the PWMB's who were at ill luck after Sep VB?

TTAC

Third time's a charm.

[mygctracker]

My PD is Jan-2008, I hate wasting time rejecting good opportunities outside...at the same time I can't take the decision of accepting the newer opportunities with the fear of boarding next PWMB....

Still thinking....not sure what I'll do now since Spillover-2011 suspense has concluded.

Good Luck with your decisions, people like me.


I think what you mean is May 2008 forward has no hope of becoming current during 2012 - so one might as well change jobs and get a good hike.

I think by and large I would agree but with a caveat - these people need to take care of their PD retention OR be prepared to lose PD.

[Gclongwait]

I think people with PDs post 2008 April should really jump the ship in case they get better job offer. Worst off are people with PD in Oct-Dec 2007 timeframe.

I think expecting the dates to not even reach Oct in 2012 may be too pessimistic. I think Nov 2007 should be nearly certain. But guys in dec 07/Jan feb 08 are the ones who are in limbo which reminds me maybe we should try inception in CO's mind.

[PlainSpeak]

I think we cannot really estimate porting and its impact. I see the 6k number being mentioned a lot but that is for the whole year after the year has been completed. We cannot really take 6k divided by 12 to be 300 per month. The amount is 6k on the whole and cannot be divided equally for each month. Some months may have heavy porting and some may be less. Filing for GC costs money to a company and that will be decided by the budget the department has. I would assume porting in the first quarter of the financial year will be more because the company will have the budget for it.
Finally not all EB3 I people think alike. Some are willing to port and some prefer to stay on EAD, but that is for the current scenario. People in either groups could change their mind and this will impact porting numbers fluctuating it further. So the bottom line is that the dates for each month could move erratically based on number of porting that month and taking a 300 count for porting per month is a fallacy.

Plus i believe July 2007 is the stumbling block for EB2 as i think someone mentioned that people being on EAD for 4-5 years is not really making CIS happy or something to that effect. WIth a count of 70 k people on EAD waiting for GC for last 4 years expecting CIS to make BTM just to get more EB2 people into EAD is not logical and for all those people who are quoting the law that EB2 has to be current for EB3 to have spillover, please realize that CIS does what it wants to do to clear the queue and it would not be the first time that CIS has bent the law to do that, and neither will it be the last.

[kingcaeser]

I am in Sep 2007 (17th sep to be exact)



I think people with PDs post 2008 April should really jump the ship in case they get better job offer. Worst off are people with PD in Oct-Dec 2007 timeframe.

[ssvp22]

I am in Sep 2007 (17th sep to be exact)

I guess you have to stick to your current job till you get the GC.

[gchopeful123]

BSEV - Black Swan Event Victims



TTAC

Third time's a charm.




Has anyone coined a word like 'PWMB' for all the PWMB's who were at ill luck after Sep VB?

[harick]

Very well put together. I totally agree with your comments, I have been using the same reasoning for couple years.


I agree with you guys. but moving jobs and porting your PD is not easy these days...

just few facts to keep in mind before you move...
for instance in my case...my priority date is feb 2011(eb2). i got couple of new offers...defnitely there is hike in salary and position but there is a big catch...
1)most of the full time job offering companies are not ready for EB2 even though you qualify.
2)you need to wait minimum 1 year for them to start process
3) will take another 6-8months before they file labor and 3-5 months for labor approval
4) incase your case is audited you wont know how long that may take
5) 140 approval will take another 6-10months time in normal processing



one of the recent offers i got HR mentioned that incase i get 3 year extension with my current 140 then they will start my gc process 1 year before my h1b expiry.

my suggestion would be if your job is secured and you already have 140 approved and current job is good, stick to it rather than moving to new place ...finding fulltimes in H1b is tough...if you are in 5th or 6th year of h1b it is even tough(even if you have 140 approval)

if thinking of moving to consultancy companies...if you are experienced and willing to relocate anywhere in usa you can find job.....but H1b transfer and visting your home country(for visa stamp) would be biggest hurdles...

another major thing to keep in mind if recession or us market is not doing good....we may get SOFAD more for GC...but for H1b's it will be bad..
just my 2 cents..

[PlainSpeak]

BSEV - Black Swan Event Victims

Would this not be more appropiate

BSEV - Black September Event Victims
BSBV - Black September Bulletin Victims

[TheTexan]

Hello friends,

I was a follower of Q's analysis on Immig Voice before he moved to this. Till now, I've been reading this blog diligently every day. I really appreciate the work that every single person on this blog has done including but not limited to Q, Spec, Teddy, Veni and others.

With PD of July 2008, I am faced with the question every day I wake up, should I change or should I continue. It is hard to see so many good job opps. go plus the fact that my wife who has MBA degree from top school in Mum can't work. All this makes you think .. heck with it..

Anyways, I told myself I will not allow this wait to stunt my growth. I registered LLC last year, hired a person and have humble no of clients so far. This has given me a sense of satisfaction.

[kolugc]

I have a question for you gurus...

My PD is June 2008.... So as its only hopeful for 2013....

Now I am with Co A who holds my I-140.... If I move to Co B in Jan 2012 and start the PERM and then later I-140, I am looking at clearing this by 2013 summer. So its good as you guys suggest.

But my Co A is not going to revoke my I-140 for sure, because I had already discussed this with him (the Co A I work for is a very small American Co).

So my questions are
1. Even if my PERM got audited and is delayed or even if my I-140 got RFE and got delayed and is not decided by 2013 summer. I can still use the I-140 from Co A and join back in Co A and use it to apply for 485 right?

2. Can I can go to Co B in 2012 Jan and come back join back Co A when my dates are current and then apply for 485?

3. If all goes well and I got new I-140 from Co B and when dates are current in 2013 summer (and as I said earlier my I-140 from Co A wont be revoked), does that mean I can apply 485 from Co A or Co B?

I am seriously considering these options, gurus please advice me with your opinions...

[Spectator]

for all those people who are quoting the law that EB2 has to be current for EB3 to have spillover, please realize that CIS does what it wants to do to clear the queue and it would not be the first time that CIS has bent the law to do that, and neither will it be the last.


Yes I too started to believe this concept, and a common talk over this that Uscis is trying to reduce eb3 backlog by giving some part of extra visas . Good

At the pain of repetition, nowhere does the law use the word "Current".

It says that spare visas cannot be given to a group lower in the pecking order until there are no further qualified applicants in the the higher group.

DOS can and have said they can use estimates of future Demand to set the Cut Off Dates.

It is quite possible, within the law, to have a situation where EB2-IC COD has been set to a future fixed date based on estimated demand, but because of processing delays, no further qualified applicants remain to allocate a visa to.

In this situation, it fulfils the conditions to spill the visas further.

Whilst DOS may need to take processing time into account, ultimately it is not their problem and, other than CP cases, out of their direct control.
They have the job of ensuring no visas are wasted and that each Category receives as close to the statutory numbers (28.6% each for EB1-3) without exceeding them. In this context, spillover can be considered as bonus visas.

No law says that if actual demand runs out at a point in time (as opposed to known demand in existence) that the COD must be made Current, particularly if the Category has reached at least the statutory numbers. That only requires extra visas equal to the FA within EB2.

No law has been either broken, or bent in doing this IMO.

As a separate issue, given that for F2A, DOS continued to move the COD, even when normal limits applied and demand probably exceeded the monthly allotment, I agree that DOS will likely do "what they think necessary" to manage the situation "as they see fit".

That makes it extremely difficult to guess what DOS may, or may not do.

[harick]

Lets not add any more insult to the injury, lets keep calling ourselves PWMB :-(


Has anyone coined a word like 'PWMB' for all the PWMB's who were at ill luck after Sep VB?

[PlainSpeak]

I agree with you guys. but moving jobs and porting your PD is not easy these days...

just few facts to keep in mind before you move...
for instance in my case...my priority date is feb 2011(eb2). i got couple of new offers...defnitely there is hike in salary and position but there is a big catch...
1)most of the full time job offering companies are not ready for EB2 even though you qualify.
2)you need to wait minimum 1 year for them to start process
3) will take another 6-8months before they file labor and 3-5 months for labor approval
4) incase your case is audited you wont know how long that may take
5) 140 approval will take another 6-10months time in normal processing



one of the recent offers i got HR mentioned that incase i get 3 year extension with my current 140 then they will start my gc process 1 year before my h1b expiry.

my suggestion would be if your job is secured and you already have 140 approved and current job is good, stick to it rather than moving to new place ...finding fulltimes in H1b is tough...if you are in 5th or 6th year of h1b it is even tough(even if you have 140 approval)

if thinking of moving to consultancy companies...if you are experienced and willing to relocate anywhere in usa you can find job.....but H1b transfer and visting your home country(for visa stamp) would be biggest hurdles...

another major thing to keep in mind if recession or us market is not doing good....we may get SOFAD more for GC...but for H1b's it will be bad..
just my 2 cents..

I am a person who has been in this country for 10 years and have filed mutiple H1extension and am on EAD and i can tell you this with certainity that nothing is certain in the GC process. I know of someone who got his GC and was harrased at POE as to how come he got his GC in 5 years. I myself was harrased at POE when i came back on AP where the officer asked me to prove to him that i was legal in this country on H1B before i filed for 485.

Hence worrying about H1B stamping issues in India is just a small part of what you will face further down the line. The ultimate safe point is citizenship so hankering for atleast a EAD/AP to be safe from H1B stamping is short term thinking.

The bottom line is till you get your GC you are an Alien in this coutry albeit a Legal Alien but still an Alien.

Since no one can predict the future and since VB prediction is more difficult that predicting the future, it would be better for all Post July 2007 people to start thinking of backup plans, if they cannot file for 485 in near future. Those who have better job offers should take the offer based on thier risk tolerance and kind of company they get the offer from and how much the company will supoport their GC process.

Myself with PD 2005 in EB3 India have stopped thinking about GC and have started thinking about my backup plan and thatis to make as much money as possible. So that is my criteria - MAKE AS MUCH MONEY AS POSSIBLE - and screw this GC process. If i get GC then good if not atleast i made money and gained experience and knowledge and promotion which will assit me in getting a job back in India.

[PlainSpeak]

At the pain of repetition, nowhere does the law use the word "Current".

It says that spare visas cannot be given to a group lower in the pecking order until there are no further qualified applicants in the the higher group.
DOS can and have said they can use estimates of future Demand to set the Cut Off Dates.


It says that spare visas cannot be given to a group lower in the pecking order (EB3 People who have not filed for 485) until there are no further qualified applicants in the the higher group (EB2 People who have not filed for 485)
Nowhere does the above statement mention about EB3 People who have filed for 485 bacause of July 2007 fluke.

This law is correct when both EB3 and EB2 are waiting for filing 485 (Post july 2007 people), but teh law makes no reference to EB3 filed 485 waiting fior visa numbers as they have slipped through the cracks and CIS will try and fill up this crack as soon as possibel and also make sure something like thsi does not happen in the future and hence no BTM in future.

Agree with your below statement
I agree that DOS will likely do "what they think necessary" to manage the situation "as they see fit". That makes it extremely difficult to guess what DOS may, or may not do.

[qblogfan]

I agree with you.

We are Aliens. In the American people's eyes, we are not much different from the Mexicans cutting grass for them.

I have prepared myself for the worst cases senario. I kept studying as much as I can in the past several years. I obtained several certifications and also save money as much as I could.

If in one day our GC fails, what will we do? At least we need to have some money and have some skills. I think it's a good idea to study in office time and learn more stuff. It's a waste of time to work on routine tasks that will not benefit our future career. For me, I do Minimum for this company, but I learn a lot by checking websites and taking some evening classes. It will be stupid if we work hard on stupid routine work everyday when they treat us like crap.

We have to be street smart!



I am a person who has been in this country for 10 years and have filed mutiple H1extension and am on EAD and i can tell you this with certainity that nothing is certain in the GC process. I know of someone who got his GC and was harrased at POE as to how come he got his GC in 5 years. I myself was harrased at POE when i came back on AP where the officer asked me to prove to him that i was legal in this country on H1B before i filed for 485.

Hence worrying about H1B stamping issues in India is just a small part of what you will face further down the line. The ultimate safe point is citizenship so hankering for atleast a EAD/AP to be safe from H1B stamping is short term thinking.

The bottom line is till you get your GC you are an Alien in this coutry albeit a Legal Alien but still an Alien.

Since no one can predict the future and since VB prediction is more difficult that predicting the future, it would be better for all Post July 2007 people to start thinking of backup plans, if they cannot file for 485 in near future. Those who have better job offers should take the offer based on thier risk tolerance and kind of company they get the offer from and how much the company will supoport their GC process.

Myself with PD 2005 in EB3 India have stopped thinking about GC and have started thinking about my backup plan and thatis to make as much money as possible. So that is my criteria - MAKE AS MUCH MONEY AS POSSIBLE - and screw this GC process. If i get GC then good if not atleast i made money and gained experience and knowledge and promotion which will assit me in getting a job back in India.

[soggadu]

So that is my criteria - MAKE AS MUCH MONEY AS POSSIBLE - and screw this GC process.

Seedhabhol(Plainspeak) bhai...add SAVE AS MUCH MONEY AS POSSIBLE too in your clause... making money is duty and saving money is an art... i am still trying to figure that out though...

[qblogfan]

Yes, DOS can find 1 million excuses to justify what they do.

We can't argue with these people. We are the meat and they are the knife.

We are powerless and we have to accpet whatever they tell us.

It's sad, but it's the fact.


It says that spare visas cannot be given to a group lower in the pecking order (EB3 People who have not filed for 485) until there are no further qualified applicants in the the higher group (EB2 People who have not filed for 485)
Nowhere does the above statement mention about EB3 People who have filed for 485 bacause of July 2007 fluke.

This law is correct when both EB3 and EB2 are waiting for filing 485 (Post july 2007 people), but teh law makes no reference to EB3 filed 485 waiting fior visa numbers as they have slipped through the cracks and CIS will try and fill up this crack as soon as possibel and also make sure something like thsi does not happen in the future and hence no BTM in future.

Agree with your below statement
I agree that DOS will likely do "what they think necessary" to manage the situation "as they see fit". That makes it extremely difficult to guess what DOS may, or may not do.

[soggadu]

I have a question for you gurus...

My PD is June 2008.... So as its only hopeful for 2013....

Now I am with Co A who holds my I-140.... If I move to Co B in Jan 2012 and start the PERM and then later I-140, I am looking at clearing this by 2013 summer. So its good as you guys suggest.

But my Co A is not going to revoke my I-140 for sure, because I had already discussed this with him (the Co A I work for is a very small American Co).

So my questions are
1. Even if my PERM got audited and is delayed or even if my I-140 got RFE and got delayed and is not decided by 2013 summer. I can still use the I-140 from Co A and join back in Co A and use it to apply for 485 right?

2. Can I can go to Co B in 2012 Jan and come back join back Co A when my dates are current and then apply for 485?

3. If all goes well and I got new I-140 from Co B and when dates are current in 2013 summer (and as I said earlier my I-140 from Co A wont be revoked), does that mean I can apply 485 from Co A or Co B?

I am seriously considering these options, gurus please advice me with your opinions...

Kolu... Now a days company lawyers are recommending companies to revoke 140's as per legal rules... so make sure you understand the whole scenario before taking a plunge... i am saying this as you are dealing with an american corp....

[soggadu]

Yes, DOS can find 1 million excuses to justify what they do.

We can't argue with these people. We are the meat and they are the knife.

We are powerless and we have to accpet whatever they tell us.

It's sad, but it's the fact.

hey QBF bhai... how are ya... r u ok now? ... dude... i was wondering why can't china PD move faster than india in coming months... your PWMB's and backlog numbers are way less than India right... cant see why it can't be done... also going into 2008/09/10, chinese numbers are really really low...

[bieber]

september bulletin brought so much pessimism :)

let's not forget the net reduction in EB2IC is 26k, and if the same thing repeats 2008 will be cleared by sept2013. I think the expectations went so high after June bulletin and in turn people are now so low in confidence.

if Eb2 has no documentarily qualified demand then visas will go to EB3, fair enough, how one can prove that there is no demand if the dates are not current, if DOS doesn't move EB2 date and visas are given to EB3 then let's all of us be ready (eb2 and eb3) for class action law suit, we all will be making so much money we can file in EB5.

[kolugc]

Kolu... Now a days company lawyers are recommending companies to revoke 140's as per legal rules... so make sure you understand the whole scenario before taking a plunge... i am saying this as you are dealing with an american corp....

Though its an American Co, its just 20 employees here and the Co uses my Desi Attorney with whom I been associated for more than 4 years.

[PlainSpeak]

september bulletin brought so much pessimism :)

let's not forget the net reduction in EB2IC is 26k, and if the same thing repeats 2008 will be cleared by sept2013. I think the expectations went so high after June bulletin and in turn people are now so low in confidence.

if Eb2 has no documentarily qualified demand then visas will go to EB3, fair enough, how one can prove that there is no demand if the dates are not current, if DOS doesn't move EB2 date and visas are given to EB3 then let's all of us be ready (eb2 and eb3) for class action law suit, we all will be making so much money we can file in EB5.

I think any class action law suit will bite the dust because of the keyword documentarily qualified demand which means demand which CIS knows about and can be documented and that is all the 485 apps CIS knows it has and 90 % of that is EB3 apps. Post July 2007 EB2 and EB3 people who have not filed for 485 are NOT documentarily qualified demand

[qblogfan]

The current EB2-C demand before 2008 is 3200, plus some extra PWMB numbers, it will be close to 6000 or sth.

I think I may have to wait for 2013 to get GC.

The next summer is not a sure thing. If Mr.CO opens the gate too late, EB2-C&I will get nothing. Nobody can assure us that they will give SO to EB2 next year. It's very possible they will use the SO to solve the EB3 backlog. If that happens next summer, we will get into big trouble.


hey QBF bhai... how are ya... r u ok now? ... dude... i was wondering why can't china PD move faster than india in coming months... your PWMB's and backlog numbers are way less than India right... cant see why it can't be done... also going into 2008/09/10, chinese numbers are really really low...

[soggadu]

Though its an American Co, its just 20 employees here and the Co uses my Desi Attorney with whom I been associated for more than 4 years.

awesome...just wanted to remind u bro... happy hopping then...

[gcq]

Not to dampen the spirits, but can't stop remembering the NVC fee notification theory that the forum discussed so much in the past few months.

Any explanation why the dates didn't progress to 2008 based on NVC fee notifications ? Discussing NVC fee theory now may give a better understanding about NVC fees for future discussions.

[qblogfan]

I am not doing ok. I really want to visit my family in this winter, but this Sep VB destroyed my plan completely.

I haven't seen my family for 3 years. It's a painful waiting............


hey QBF bhai... how are ya... r u ok now? ... dude... i was wondering why can't china PD move faster than india in coming months... your PWMB's and backlog numbers are way less than India right... cant see why it can't be done... also going into 2008/09/10, chinese numbers are really really low...

[bieber]

Post July 2007 EB2 and EB3 people who have not filed for 485 are NOT documentarily qualified demand

I'm not saying they are, Eb3 will and should get visas provided eb2c date is C. Eb2 is getting spillover only because EB1 is C, same thing will happen if EB3 gets SO from EB2

There is no reason to believe CIS/DOS will favor one category over other

[soggadu]

Not to dampen the spirits, but can't stop remembering the NVC fee notification theory that the forum discussed so much in the past few months.

Any explanation why the dates didn't progress to 2008 based on NVC fee notifications ? Discussing NVC fee theory now may give a better understanding about NVC fees for future discussions.

gcq...think about it... they sent these notices in march and april thinking lot of spillover left and they can do miracles...then during the last couple of bulletins they realized the new demand and their calculation mistake... so they kept quiet... no movement... so dont worry abt NVC's... they are anyway valid for ever once they pay the fee's...

[kolugc]

awesome...just wanted to remind u bro... happy hopping then...

Thanks Soggudu for your advice... You are very right... If they revoke I am screwed bit time... I did hear its very difficult to get the PD from a revoked I-140... And now that you reminded this, I am definitely going to check this again with my attorney and my employer and if possible get this in writing before I quit and make my move..

But does that mean its "Yes" for all my questions below..

1. Even if my PERM got audited and is delayed or even if my I-140 got RFE and got delayed and is not decided by 2013 summer. I can still use the I-140 from Co A and join back in Co A and use it to apply for 485 right?

2. Can I can go to Co B in 2012 Jan and come back join back Co A when my dates are current and then apply for 485?

3. If all goes well and I got new I-140 from Co B and when dates are current in 2013 summer (and as I said earlier my I-140 from Co A wont be revoked), does that mean I can apply 485 from Co A or Co B?

[soggadu]

I am not doing ok. I really want to visit my family in this winter, but this Sep VB destroyed my plan completely.

I haven't seen my family for 3 years. It's a painful waiting............

Can u ask them to visit you? i know it's hard waiting on sidelines but is there anything that can make u feel better than remorse and curse for something which is not in our hands? just wondering...

[ssvp22]

In my opinion, people with PD in 2008 should not wait for GC. Switch jobs, get more money and better position. At age 33, i have realized that GC is the least important thing in life to focus on. If you focus on your career, GC will come by itself if you need it. Going by this thinking, i have put in last 2 years into my startup and making $4k/month in revenue(number looks small but takes tons of effort). Hope to go fulltime by this year end. And that would be that of this H1-B contracting crap. I cant take this nonsense stifling of my career @random_jerk_manager anymore.

[makmohan]

Q - congrats on your GC. Enjoy..

my PD is april 2008 and i have thought about changing my job for last few years but i am still at the same place! the risk of going through all documentation nightmare again, holds me back. i am in this country for 9 years and am taking the risk with starting my part-time mba this fall, similar to the risk of buying a house i took few years back. i don't know how to navigate this uncertainty but at least i have to keep faith in my luck/education/skills and keep investing in myself.

i am actually lost with all the recent posts and with so much activity it is really hard to keep up with the pace. well, actually a good thing for Q's blog.

can someone pls summarize the knowledge on PWMB and porting demand and how about it limits the movement next year till maximum jan-mar 2008?

[dec2007]

I agree with you.

We are Aliens. In the American people's eyes, we are not much different from the Mexicans cutting grass for them.

I have prepared myself for the worst cases senario. I kept studying as much as I can in the past several years. I obtained several certifications and also save money as much as I could.

If in one day our GC fails, what will we do? At least we need to have some money and have some skills. I think it's a good idea to study in office time and learn more stuff. It's a waste of time to work on routine tasks that will not benefit our future career. For me, I do Minimum for this company, but I learn a lot by checking websites and taking some evening classes. It will be stupid if we work hard on stupid routine work everyday when they treat us like crap.

We have to be street smart!

I totally agree with you qblogfan. my pd is dec 31, 2007. and realized in 2008/2009 that my dates will not be current for few more years and cannot stop my career. could not change the job then due to market conditions. did mba using company's education program, volunteered for more roles, gave presentations to mgmt based on my little knowledge i got through mba. finally i got promoted to sales manager. ( i was design engineer). even if my dates get current and i get EAD, I cannot use AC21 because my gc was applied for design engineer. so for me to change jobs to sales, i have to have GC...

everyone has our own situations....

[Spectator]

if Eb2 has no documentarily qualified demand then visas will go to EB3, fair enough, how one can prove that there is no demand if the dates are not current, if DOS doesn't move EB2 date and visas are given to EB3 then let's all of us be ready (eb2 and eb3) for class action law suit, we all will be making so much money we can file in EB5.What would be the basis of a Class Action Lawsuit in such a scenario?

The remaining numbers (not even considering porting) are sufficient to use the 81% visas available to the end of June 2012.

DOS would argue (correctly) that they could not invite new Demand until July 2012, because there would be insufficient visas available to allocate to known Demand.

At that point, it wouldn't matter whether the COD was moved a little or made Current. Apart from a few CP cases, it wouldn't result in extra qualified applicants who could receive visas. Hardly anybody could claim they lost out on a visa allocation because the dates were not made Current. That could not be rectified by litigation after the event, a point the Chinese conceded in their own case.

DOS, on the other hand could fairly easily prove that any forward movement made covered sufficient Demand for visas available from spillover, had the cases been processed by USCIS with sufficient speed.

Anyway, it is probably entirely hypothetical.

CO has pretty much said that it will not be made Current.

[murali83]

In my opinion, people with PD in 2008 should not wait for GC. Switch jobs, get more money and better position. At age 33, i have realized that GC is the least important thing in life to focus on. If you focus on your career, GC will come by itself if you need it. Going by this thinking, i have put in last 2 years into my startup and making $4k/month in revenue(number looks small but takes tons of effort). Hope to go fulltime by this year end. And that would be that of this H1-B contracting crap. I cant take this nonsense stifling of my career @random_jerk_manager anymore.

ssvp bhai, you are 100% right, confusion comes when you are 27, unmarried, partying everyday and having an average employer (not great, but not bad at all) and a PD of may 2008. That is when u think heck, let me wait 2 more yrs.

[bieber]

What would be the basis of a Class Action Lawsuit in such a scenario?

If 'no documentarily qualified demand' clause is used to give visas to eb3, then the same clause will not let them set a date other than C for eb2. (because in that case one can argue there is no demand because you have a date which is not current and that is preventing the demand) When DOS is saying there is no demand for a category why would they have to set a date in that case?

having said that I don't think they will make it C, they can play very nicely within the timeframe to give all the visas to Eb2 (I'm not against them giving visas to eb3)

[srimurthy]

I think any class action law suit will bite the dust because of the keyword documentarily qualified demand which means demand which CIS knows about and can be documented and that is all the 485 apps CIS knows it has and 90 % of that is EB3 apps. Post July 2007 EB2 and EB3 people who have not filed for 485 are NOT documentarily qualified demand

Great, they know so many people have filed and have approved 140's in all categories. That documentary demand would not be visible until the category becomes current and that can happen if by miracle we get around 200K odd visa numebers allocated to EB2 and 3 IandC.

[soggadu]

kolu...my take on ur questions...

1. Even if my PERM got audited and is delayed or even if my I-140 got RFE and got delayed and is not decided by 2013 summer. I can still use the I-140 from Co A and join back in Co A and use it to apply for 485 right?

Yes provided it is not revoked, as GC process is all about future employment, u can even stay on the process with co A while you are at co B

2. Can I can go to Co B in 2012 Jan and come back join back Co A when my dates are current and then apply for 485?

same answer i guess, provided 140 not revoked and your co A is willing to take u back... u neednt even come back and still have the process going with co A if it is a possibility

3. If all goes well and I got new I-140 from Co B and when dates are current in 2013 summer (and as I said earlier my I-140 from Co A wont be revoked), does that mean I can apply 485 from Co A or Co B? see above

others please correct me if i am wrong

[PDJan2008]

Long time reader. You guys are doing a real great job providing clarity. I have started understanding the nuances a lot better now thanks to all of you on this forum.

Question for Spectator -
In this scenario, how far do you think the dates need to move? Are folks who sent the documents corresponding to NVC receipts considered documentarily qualified? So, can we assume the date need to move in EB2 to cover those before giving them to EB3.

My lawyer picked CP for me because he told me at the time this provides us most flexibility. I was also asked to ignore the email from NVC about the bill and file for AOS when the dates become current.

[srimurthy]

I am not doing ok. I really want to visit my family in this winter, but this Sep VB destroyed my plan completely.

I haven't seen my family for 3 years. It's a painful waiting............

Same here and don't see that happening in the next 3 years or so and still giving falls hopes to parents back home.
The govt doesn't realize that the travel itself chruns the industry, by airline tickets and the shopping that indians do when they go visit their home country.

[Spectator]

If 'no documentarily qualified demand' clause is used to give visas to eb3, then the same clause will not let them set a date other than C for eb2. (because in that case one can argue there is no demand because you have a date which is not current and that is preventing the demand) When DOS is saying there is no demand for a category why would they have to set a date in that case?

having said that I don't think they will make it C, they can play very nicely within the timeframe to give all the visas to Eb2 (I'm not against them giving visas to eb3)Running out of documentarily qualified cases is not exactly the same as not knowing potential demand.

A fixed Cut off Date in the future can be set by estimating future applications on the basis of known I-140 approvals with PDs beyond August 15 2007 (which CO seems to have asked USCIS for already).

Whilst not as exact as actual I-485 submissions, it is fairly easy to build in a margin when setting the COD. Making it Current is not necessary.

[bieber]

Running out of documentarily qualified cases is not exactly the same as not knowing potential demand.

A fixed Cut off Date in the future can be set by estimating future applications on the basis of known I-140 approvals with PDs beyond August 15 2007 (which CO seems to have asked USCIS for already).

Whilst not as exact as actual I-485 submissions, it is fairly easy to build in a margin when setting the COD. Making it Current is not necessary.

Spec, I don't disagree with you but I believe there is enough grey area to pursue CALS, Will DOS/CIS defend successfully? most likely yes. Is there enough appetite for CALS, may be not :)

[qesehmk]

Texan

Welcome and must say WAY TO GO as far as starting your business goes. Good luck.


Anyways, I told myself I will not allow this wait to stunt my growth. I registered LLC last year, hired a person and have humble no of clients so far. This has given me a sense of satisfaction.


I am not doing ok. I really want to visit my family in this winter, but this Sep VB destroyed my plan completely.
I haven't seen my family for 3 years. It's a painful waiting............
Can you not travel on your H1? What's the situation?



i have put in last 2 years into my startup and making $4k/month in revenue(number looks small but takes tons of effort). Hope to go fulltime by this year end. And that would be that of this H1-B contracting crap. I cant take this nonsense stifling of my career @random_jerk_manager anymore.
ssvp that is truly great! I wonder if we should be starting a thread on our experiences / problems with startups?




can someone pls summarize the knowledge on PWMB and porting demand and how about it limits the movement next year till maximum jan-mar 2008?
The best way to avoid confusion is to look at the header of this thread or a number of threads in FACTS and DATA section. We all keep those threads updated.

[qesehmk]

I am a bit lost on why people think EB3 is receiving any SO visas? They are NOT.

If the fear is about future, CO has no reason to favor EB3IC over EB2IC. As per ROW, they are already moving to EB2 which is why the average annual demand in EB2 ROW has jumped from 16K per year Pre-2007 levels to 33K post-2007 levels.

[Spectator]

Long time reader. You guys are doing a real great job providing clarity. I have started understanding the nuances a lot better now thanks to all of you on this forum.

Question for Spectator -
In this scenario, how far do you think the dates need to move? Are folks who sent the documents corresponding to NVC receipts considered documentarily qualified? So, can we assume the date need to move in EB2 to cover those before giving them to EB3.

My lawyer picked CP for me because he told me at the time this provides us most flexibility. I was also asked to ignore the email from NVC about the bill and file for AOS when the dates become current.PDJan2008,

Welcome to the forum.

That is impossible to answer.

If DOS moved the dates purely on the basis of documentarily qualified applicants, then the dates would move much further. That is what bieber is saying.

If DOS move the dates based on estimates of future Demand, they will move a lot less. That is my counterpoint to the above.

Not a satisfactory answer, I agree.

The whole point, is that DOS has a large array of strategies they can pursue next year. They can probably justify all of them.

I don't know which one, or combination, they will choose, neither am I advocating one over another or which one is more likely.

There are some constraints to repeating the same level of movement in May/June again.

We will only get a clue when something happens in the VB that makes one more likely over the other.

[PlainSpeak]

I'm not saying they are, Eb3 will and should get visas provided eb2c date is C. Eb2 is getting spillover only because EB1 is C, same thing will happen if EB3 gets SO from EB2

There is no reason to believe CIS/DOS will favor one category over other

Think from CIS point of view. They dont care about EB2 or EB3 or EB1 for that matter. All they care about is working within the parameters laid down by the law and they have a lot of leeway in interpreting the law. They will not fill up the pipe line just because EB2 wants EAD

[bieber]

Think from CIS point of view. They dont care about EB2 or EB3 or EB1 for that matter. All they care about is working within the parameters laid down by the law and they have a lot of leeway in interpreting the law. They will not fill up the pipe line just because EB2 wants EAD

I don't think I made a point where they will make it C because EB2 wants EAD. I was certainly arguing about parameters laid down by the law

[qblogfan]

My family work for military missle navigation and their visas were denied in 2006. We are not their allies.


Can u ask them to visit you? i know it's hard waiting on sidelines but is there anything that can make u feel better than remorse and curse for something which is not in our hands? just wondering...

[PDJan2008]

Thanks! I was pretty hopeful in the summer. But now i seem to be on the border where i might not make it for next year even for EAD (effect of the Sep Bulletin :-( ). I havent really started looking for a different oppurtunity but i know i passed up 2earlier this year thinking this was going to be my year and didnt want to go thro the whole labor... I-140. I think i am confused like most of us here.


PDJan2008,

Welcome to the forum.

That is impossible to answer.

If DOS moved the dates purely on the basis of documentarily qualified applicants, then the dates would move much further. That is what bieber is saying.

If DOS move the dates based on estimates of future Demand, they will move a lot less. That is my counterpoint to the above.

Not a satisfactory answer, I agree.

The whole point, is that DOS has a large array of strategies they can pursue next year. They can probably justify all of them.

I don't know which one, or combination, they will choose, neither am I advocating one over another or which one is more likely.

There are some constraints to repeating the same level of movement in May/June again.

We will only get a clue when something happens in the VB that makes one more likely over the other.

[gc_usa]

Not to dampen the spirits, but can't stop remembering the NVC fee notification theory that the forum discussed so much in the past few months.

Any explanation why the dates didn't progress to 2008 based on NVC fee notifications ? Discussing NVC fee theory now may give a better understanding about NVC fees for future discussions.

Looks like DOS was told or shown in May that they will get less demand for EB1 cases and DOS altered NVC to start processing cases in advance. Later in July - AUG USCIS wanted to clear cases ( EB1) so DOS ran out of visas. USCIS lied to DOS. I won't be surprised if DOS hit back and when they run out of demand make date current and punish USCIS.

[ssvp22]

ssvp that is truly great! I wonder if we should be starting a thread on our experiences / problems with startups?
Yes, that would be great. I will definitely contribute to the thread.

[srimurthy]

The only way out of this whole mess for everyone is to make sure that the whole set of unused visa no. that were lost earlier are recaptured. I am not sure whats the number that was lost.

[michaelclarke]

Can some one please inform us when DOS will publish the total number of Visas allocated for FY 2012. Last year this was at 140,000.

[ct06511]

http://www.proskauer.com/publications/client-alert/department-of-labor-suspends-prevailing-wage-determinations-causing-delays-and-obstacles-for-green-card-labor-certification-perm-cases/

[qblogfan]

I agree.

I am not sure about these numbers will be lost or not.

We have to make sure that these numbers were applied to EB.

I am worrying that these numbers will be lost eventually.


The only way out of this whole mess for everyone is to make sure that the whole set of unused visa no. that were lost earlier are recaptured. I am not sure whats the number that was lost.

[Spectator]

Can some one please inform us when DOS will publish the total number of Visas allocated for FY 2012. Last year this was at 140,000.Last year the Report of the Visa Office 2010 was published on January 20, 2011.

That represents actual visas issued, so we will know how many FB and EB visas were used.

For FY2012, DOS will use the minimum number until USCIS provides the figures necessary to make the accurate determination.

The allocation of visas for FY2011 was finally confirmed as 140,000 in the August VB, since USCIS did not provide the information required until June 9th.

When the Report of the Visa Office 2011 is published, we can determine within a few what the allocation will be for FY2012.

I don't expect any spare visas from FB in FY2012.

[rdsingh79]

EB3I-->EB2I porting

I am just trying to guesstimate EB3I-->EB2I porting. There are ~55,000 EB3I-485s. Making simple (worst case?) assumption that 20% of folks succeed in porting, results in 55,000*0.2 = 11,000. Assuming 4-5 K porting already happened in FY2011, we can expect another 6-7K max in FY2012(This assumes that EB2 priority dates reach Sep/Oct 2007 by mid-2012). Make sense??

[makmohan]

The best way to avoid confusion is to look at the header of this thread or a number of threads in FACTS and DATA section. We all keep those threads updated.

ok, thanks Q. I'll take a look at those threads as well.

- M

[PlainSpeak]

EB3I-->EB2I porting

I am just trying to guesstimate EB3I-->EB2I porting. There are ~55,000 EB3I-485s. Making simple (worst case?) assumption that 20% of folks succeed in porting, results in 55,000*0.2 = 11,000. Assuming 4-5 K porting already happened in FY2011, we can expect another 6-7K max in FY2012(This assumes that EB2 priority dates reach Sep/Oct 2007 by mid-2012). Make sense??

I think we are assuming a lot. Please remember that all EB3 want to port to EB2. They keyword here is want. That woudl mean that EB3 are looking for ways to port to EB2. Just because 90 % of EB3 haver not found a company and a EB2 qualifiing job does not mean that they have stopped trying. Using economy as a limiter we can argue for or against EB3-EB2 porting at a macro level but at the micro level when things work out for a EB3 and he/she gets a chance to port he/she will go ahead and port. That is something which cannot be determined or estimated.
So 10 % calculation can be used for estimating with the caveat that the actual could be very different from this 10% estimation. Plus the count of 55 k is wrong because that is only EB3 India. I think the count will have to include EB3 all countries since everyone in EB3 would want to port and not just EB3 India.

[soggadu]

http://www.proskauer.com/publications/client-alert/department-of-labor-suspends-prevailing-wage-determinations-causing-delays-and-obstacles-for-green-card-labor-certification-perm-cases/

There you go... more quick perm for Eb2 row and porters... this is turning out to be hell of a ride...

[PlainSpeak]

There you go... more quick perm for Eb2 row and porters... this is turning out to be hell of a ride...

This would impact H1B, EB2 and EB3-EB2 Port. I dont see any impact to EB1. I can see the next couple of VB's with no date movements at all

[kolugc]

kolu...my take on ur questions...

1. Even if my PERM got audited and is delayed or even if my I-140 got RFE and got delayed and is not decided by 2013 summer. I can still use the I-140 from Co A and join back in Co A and use it to apply for 485 right?

Yes provided it is not revoked, as GC process is all about future employment, u can even stay on the process with co A while you are at co B

2. Can I can go to Co B in 2012 Jan and come back join back Co A when my dates are current and then apply for 485?

same answer i guess, provided 140 not revoked and your co A is willing to take u back... u neednt even come back and still have the process going with co A if it is a possibility

3. If all goes well and I got new I-140 from Co B and when dates are current in 2013 summer (and as I said earlier my I-140 from Co A wont be revoked), does that mean I can apply 485 from Co A or Co B? see above

others please correct me if i am wrong


Thanks a lot soggadu for your answers....

[08OCT2008]

Did you mean "no more quick perm"?


There you go... more quick perm for Eb2 row and porters... this is turning out to be hell of a ride...

[Chilli19]

Can you not travel on your H1? What's the situation?

Its too risky to travel on h1b unless you have a visa stamped on your passport. I visited India in May 2009 and got stuck for 6 months as i was given a 221(g) form and placed in administrative processing. Luckily my wife was on h1b at that time and came back on h4. Then i amended the case from h4 to h1.
Due to the above experience, i called parents to visit me this year and they are with me now.

[qesehmk]

There is one +ve factor for existing EB2IC backlog. This will delay all EB2 filings... including ROW.... and will increase SOFAD.

If EB4 is affected .... all the better for EB2IC.


http://www.proskauer.com/publications/client-alert/department-of-labor-suspends-prevailing-wage-determinations-causing-delays-and-obstacles-for-green-card-labor-certification-perm-cases/

[soggadu]

There is one +ve factor for existing EB2IC backlog. This will delay all EB2 filings... including ROW.... and will increase SOFAD.

If EB4 is affected .... all the better for EB2IC.

I thought the opposite... please explain as time permits...

[tanu_75]

I thought the opposite... please explain as time permits...

If the PERM system is not available till Oct 1st and assuming when it's back it continues at the same rate as before, then we should see around 16% (2/12) decrease in PERM approvals by say April next year. This will reduce by that *2.1 EB3 to EB2 porting or EB2 ROW (EB2 I/C also but 2011 PD's are irrelevant for the spillover discussion).

[nishant2200]

To some extent, the advantage of the PERM stoppage, maybe negated by the PP in EB1C and the new push for EB5 and EB2 Entrepreneur. Thoughts?

[skpanda]

may be.. may be not...

I am sure they will fix the system in 1 or 2 months (I think the date was 1st Oct 2011).

So say, there on an average 3K EB2-ROWs apply every month (Total of 36K annually...just a number for discussion sake). Say the system is fixed in 3 months. In the 4th month 3K + 9K people will apply.

There will be some SOFAD as a fallout of this but I do not think it will be significant.

Ofcourse if the Prevailing Wage system is down for 6 or 7 months (HIGHLY UNLIKELY), then we can say, we will have significant increase in SOFAD.

Just my thoughts...


There is one +ve factor for existing EB2IC backlog. This will delay all EB2 filings... including ROW.... and will increase SOFAD.

If EB4 is affected .... all the better for EB2IC.

[soggadu]

may be.. may be not...

I am sure they will fix the system in 1 or 2 months (I think the date was 1st Oct 2011).

So say, there on an average 3K EB2-ROWs apply every month (Total of 36K annually...just a number for discussion sake). Say the system is fixed in 3 months. In the 4th month 3K + 9K people will apply.

There will be some SOFAD as a fallout of this but I do not think it will be significant.

Ofcourse if the Prevailing Wage system is down for 6 or 7 months (HIGHLY UNLIKELY), then we can say, we will have significant increase in SOFAD.

Just my thoughts...

ahh now i got it...thank you Tanu and JJ... on the other hand, just wondering why nobody is still speculating... CO has done this to clear EB2 IC ;-)

[nishant2200]

Interestingly, one more factor which would stop PWD would be government shutdowns because of budgets, debt ceilings etc. The DOL Labors for H-PERM etc... is not yet funded by user fees, and it would be shutdown, as a non-essential service.

[qesehmk]

Agree that delayed people will still file in "n"th month whenever system comes back. But some people do drop out of the line altogether because of lost opportunity., change in plans etc.

The more delay in PERM restoration will be all the better. But can't say anything now. Will have to see how long this goes. Since there are only 4000 cases mentioned in the original article ... this shouldn't last more than 2-3 months max.


may be.. may be not...

I am sure they will fix the system in 1 or 2 months (I think the date was 1st Oct 2011).

So say, there on an average 3K EB2-ROWs apply every month (Total of 36K annually...just a number for discussion sake). Say the system is fixed in 3 months. In the 4th month 3K + 9K people will apply.

There will be some SOFAD as a fallout of this but I do not think it will be significant.

Ofcourse if the Prevailing Wage system is down for 6 or 7 months (HIGHLY UNLIKELY), then we can say, we will have significant increase in SOFAD.

Just my thoughts...

[skpanda]

haha...

this was done because of a court order. CIS and CO have nothing to do with this. Infact they wanted it to be business as usual and implement the required changes by 1st Jan 2012. Courts came back and wanted the changes to be effective 1st Oct 2011 and stop the current incorrect process (for H2 or whichever Visa).


ahh now i got it...thank you Tanu and JJ... on the other hand, just wondering why nobody is still speculating... CO has done this to clear EB2 IC ;-)

[skpanda]

I think, usually employers start PERM for those who are already employed with them on a work Visa (H1B or whatever). There will be very few cases where they will file PERM before the employee joins them. Hence they will just delay the filing by that many months.

Yes...there will be some addition to SOFAD but it may not be significant enough.

PS: I guess people (including me) have become pessimistic about everything positive that 'may' happen. Thanks to our Black September Visa Bulletin. That is why you can see pessimistic comments from me.. who has always been optimistic about some good movement in 2011, a good BTM or even CURRENT for EB2.


Agree that delayed people will still file in "n"th month whenever system comes back. But some people do drop out of the line altogether because of lost opportunity., change in plans etc.

The more delay in PERM restoration will be all the better. But can't say anything now. Will have to see how long this goes. Since there are only 4000 cases mentioned in the original article ... this shouldn't last more than 2-3 months max.

[vedu]

This interim suspension of Prevailing wage Determinations will stop the employers from filing perm . ( remember PWD is the first stage of the perm process)

This two months lag in PWD will delay all perm filings by 2 months . So if we assume 10 months of perm filings , with the quantity of 12 months would slow down perm approvals .

Hence expecting more sofad if all assumptions come true.

My employer is about to start working on my three year H1-B extension. Will the PWD suspension affect my case? My current H1-B lasts until December 31st, 2011

[tanu_75]

may be.. may be not...

I am sure they will fix the system in 1 or 2 months (I think the date was 1st Oct 2011).

So say, there on an average 3K EB2-ROWs apply every month (Total of 36K annually...just a number for discussion sake). Say the system is fixed in 3 months. In the 4th month 3K + 9K people will apply.


They may apply when it comes back and most likely they will but what matters is how many get approved by next April or May. If we assume DOL will approve at the same rate as before, then by April/May we should see a decrease in I-140's. This is kinda similar to the 2002/2003 case where a whole number of Labor cases were stuck in the BEC blackhole and dates moved like crazy for the lucky ones whose Labor wasn't stuck there.


Agree that delayed people will still file in "n"th month whenever system comes back. But some people do drop out of the line altogether because of lost opportunity., change in plans etc.

The more delay in PERM restoration will be all the better. But can't say anything now. Will have to see how long this goes. Since there are only 4000 cases mentioned in the original article ... this shouldn't last more than 2-3 months max.

I guess the other variable is what does this mean when it does come back up. Does the process change, do processing times go up or down, approval/denial rates go up or down. Another factor whose impact is still unknown.

[skpanda]

Agree with you...

we will have to wait and see... the total effect of this System Down thing.


They may apply when it comes back and most likely they will but what matters is how many get approved by next April or May. If we assume DOL will approve at the same rate as before, then by April/May we should see a decrease in I-140's. This is kinda similar to the 2002/2003 case where a whole number of Labor cases were stuck in the BEC blackhole and dates moved like crazy for the lucky ones whose Labor wasn't stuck there.



I guess the other variable is what does this mean when it does come back up. Does the process change, do processing times go up or down, approval/denial rates go up or down. Another factor whose impact is still unknown.

[mygctracker]

Agreed it might be better for SOFAD. But it no good for people who want to jump the ship and pursue newer opportunities, right? As GC process with new employer will be further delayed...

Any thoughts on that aspect.


Agree that delayed people will still file in "n"th month whenever system comes back. But some people do drop out of the line altogether because of lost opportunity., change in plans etc.

The more delay in PERM restoration will be all the better. But can't say anything now. Will have to see how long this goes. Since there are only 4000 cases mentioned in the original article ... this shouldn't last more than 2-3 months max.

[vedu]

Vedu

If you are extending H1b completing first span of 3 years, you are good to go.

Thanks Kanmani. Yes, I am applying for my first extension and I already have an approved I-140. We have to be always careful of everything in this crazy system!! You never know what rule may change when.

[gchopeful123]

What's the similarity between Sep VB and Virender Sehwag?



--- Both were touted to be saviors but turned out to be golden ducks.

[whereismygclost]

same here ...i am about to start my 3 year H1-B extension ..will this PWD delay my H1 extension? Gurus,what are your thoughts?

My employer is about to start working on my three year H1-B extension. Will the PWD suspension affect my case? My current H1-B lasts until December 31st, 2011

[qesehmk]

Agree. That is zero-sum game. And that's why things like removing dependent visa count and increasing cap are beneficial to everybody. Country limits as much as are hurtful to EB2IC, are still a zero sum game.


Agreed it might be better for SOFAD. But it no good for people who want to jump the ship and pursue newer opportunities, right? As GC process with new employer will be further delayed...

Any thoughts on that aspect.


same here ...i am about to start my 3 year H1-B extension ..will this PWD delay my H1 extension? Gurus,what are your thoughts?
For renewal I am not sure if wage determination is required at all. When mine was renewed .. at least I never noticed anything. HR and Lawyers would do everything. But I always felt that there was no PWD involved in H1 renewal.

[PlainSpeak]

http://www.trackitt.com/usa-discussion-forums/i485-eb/732690981/hang-in-there-eb3-i-2012-fy-is-going-to-be/page/last_page

[qesehmk]

plainspeak you would do better service to others by putting your own comment about what the thread is and your own take on it.

Whatever is mentioned is fantasy of desperate EB3s and the lawyer is fanning it. If we apply the same logic then why can't EB1-I be held back to allow EB2I to catch up?

Sorry for the harsh words. I have great sympathy for anyone stuck in the queue. But I think we do disservice by spreading these rumours. Secondly I would've appreciated your take on it.



http://www.trackitt.com/usa-discussion-forums/i485-eb/732690981/hang-in-there-eb3-i-2012-fy-is-going-to-be/page/last_page

[mesan123]

Well i agree completely( for the money part ). But it is still my belief H1 transfer is not easy now as it used to be couple of years before. i always feel known devil is always better than unknown angel... :)




I am a person who has been in this country for 10 years and have filed mutiple H1extension and am on EAD and i can tell you this with certainity that nothing is certain in the GC process. I know of someone who got his GC and was harrased at POE as to how come he got his GC in 5 years. I myself was harrased at POE when i came back on AP where the officer asked me to prove to him that i was legal in this country on H1B before i filed for 485.

Hence worrying about H1B stamping issues in India is just a small part of what you will face further down the line. The ultimate safe point is citizenship so hankering for atleast a EAD/AP to be safe from H1B stamping is short term thinking.

The bottom line is till you get your GC you are an Alien in this coutry albeit a Legal Alien but still an Alien.

Since no one can predict the future and since VB prediction is more difficult that predicting the future, it would be better for all Post July 2007 people to start thinking of backup plans, if they cannot file for 485 in near future. Those who have better job offers should take the offer based on thier risk tolerance and kind of company they get the offer from and how much the company will supoport their GC process.

Myself with PD 2005 in EB3 India have stopped thinking about GC and have started thinking about my backup plan and thatis to make as much money as possible. So that is my criteria - MAKE AS MUCH MONEY AS POSSIBLE - and screw this GC process. If i get GC then good if not atleast i made money and gained experience and knowledge and promotion which will assit me in getting a job back in India.

[PlainSpeak]

plainspeak you would do better service to others by putting your own comment about what the thread is and your own take on it.

Whatever is mentioned is fantasy of desperate EB3s and the lawyer is fanning it. If we apply the same logic then why can't EB1-I be held back to allow EB2I to catch up?

Q, I said intersting not great news. That is my comment on the thread.

Coming to the desperacy of EB3 I and the lawwyers fanning it, my question is what does the lawyer gain by fanning it. If the lawyer wants to make money he should be stating the opposite that EB3 I is in a very bad state and that porting is the only option, where by the lawyer makes money. A laywer is also part of AILA and AILA does have some inside track with CIS.

In MY OPINION I think July 2007 is the milestone or millstone around the neck of CIS and they will do whatever they can to clear up all backlog before that date before they start processing new application after July 2007, because July 2007 fiasco was a special case which has no precendent and caused CIS to have people with AOS status for 4 -5 years.

No issue taken towards your harsh tone. Understand teh frustation everyone is under especially post July 2007 filers who has H1B issues to contend with

[mesan123]

Dont wory guys....PWD for H1b is not getting delayed...i applied mine on last week wednesday and got approved PWD yesterday. I am applying for 3 year H1b Extension :)


same here ...i am about to start my 3 year H1-B extension ..will this PWD delay my H1 extension? Gurus,what are your thoughts?

[Gclongwait]

same here ...i am about to start my 3 year H1-B extension ..will this PWD delay my H1 extension? Gurus,what are your thoughts?

No, My extension is in progress right now and I asked my HR and they this is only affecting Labor Certs

[mesan123]

No it will not....That stay is only for PERM process. For H1b PWD you can apply now also.


My employer is about to start working on my three year H1-B extension. Will the PWD suspension affect my case? My current H1-B lasts until December 31st, 2011

[PlainSpeak]

Well i agree completely( for the money part ). But it is still my belief H1 transfer is not easy now as it used to be couple of years before. i always feel known devil is always better than unknown angel... :)

Yes i agree and i consider myself lucky i am on EAD and not on H1B. Plus H1B filters the job offers one can get.
I think teh approach of all post July 2007 filers shoudl be to to try and get H1B renewal in USA started back again like it used to be before 2005.

[mesan123]

nice to see soggadu back with happy avatar....

[vedu]

No it will not....That stay is only for PERM process. For H1b PWD you can apply now also.

Great...Hopefully this should be my last extension.

[mesan123]

That was the reason of my previous post also...where people were asking questions if it was good to new jobs because of delays in GC....but thought i will tell few of the experiences i faced and few of my friends...they will atleast make a wise decision....now in USA job search on H1b should not only be for money(bcoz u need to make sure the company you are moving doesnt mess up ur life even more)


Yes i agree and i consider myself lucky i am on EAD and not on H1B. Plus H1B filters the job offers one can get.
I think teh approach of all post July 2007 filers shoudl be to to try and get H1B renewal in USA started back again like it used to be before 2005.

[rdsingh79]

How about repeat performance from Sehwag....golden duck AGAIN in 2nd innings. I hope next VB does better than Viru...


What's the similarity between Sep VB and Virender Sehwag?



--- Both were touted to be saviors but turned out to be golden ducks.

[PlainSpeak]

That was the reason of my previous post also...where people were asking questions if it was good to new jobs because of delays in GC....but thought i will tell few of the experiences i faced and few of my friends...they will atleast make a wise decision....now in USA job search on H1b should not only be for money(bcoz u need to make sure the company you are moving doesnt mess up ur life even more)

What i stated was that being on EAD/AP is no less frustating when your job has to be in similar category. Regarding people trying for new job i would say yes they can sit tight for 2 years and hope that they get current and get GC but there is no gaurentee that CIS will make EB2 current. yes i know the facts speak otherwise but CIS has a midn of its own.

Every persons situation is different. I lost 2 job offers because the company does not want to involve with immigration (EAD) in any shape or form. I finally found one which is ok with AC21 sponsership but will not do EB2. Now with EB3 2005 dates i knwo i will not be current for 15 years atleast so i am chnaging my job and will do so every 2-3 years for same position but increased salary.

Now Similarly the H1B guys need to do a cost benefit , risk anlaysis and decide what to do.

[qesehmk]

PlainSpeak, appreciate your views. Somebody far wiser than me has said and I simply borrow - "Friction is where learning takes place". So while I may not agree with that thread, your perspective by itself is quite valuable.


Q, I said intersting not great news. That is my comment on the thread.

Coming to the desperacy of EB3 I and the lawwyers fanning it, my question is what does the lawyer gain by fanning it. If the lawyer wants to make money he should be stating the opposite that EB3 I is in a very bad state and that porting is the only option, where by the lawyer makes money. A laywer is also part of AILA and AILA does have some inside track with CIS.

In MY OPINION I think July 2007 is the milestone or millstone around the neck of CIS and they will do whatever they can to clear up all backlog before that date before they start processing new application after July 2007, because July 2007 fiasco was a special case which has no precendent and caused CIS to have people with AOS status for 4 -5 years.

No issue taken towards your harsh tone. Understand teh frustation everyone is under especially post July 2007 filers who has H1B issues to contend with

[soggadu]

nice to see soggadu back with happy avatar....

i cant be sad for long mesan.... so here i am back and bouncing... ;-) ...waise thnx for noticing...

[whereismygclost]

Thanks mesan and gclonwait for ur assuring responses regrading H1 extensions.

No, My extension is in progress right now and I asked my HR and they this is only affecting Labor Certs

[soggadu]

Thanks mesan and gclonwait for ur assuring responses regrading H1 extensions.

dont even worry abt it...i just got mine for 3 years on 140 a week back....i opted PP...

[whereismygclost]

Thanks soggadu bhai ..i am becoming more and more pessimistic after Sept VB ...H1 toh rahega ..GC bhi ayega ..kabhi toh ayega jaroor!! Happy Friday!

dont even worry abt it...i just got mine for 3 years on 140 a week back....i opted PP...

[soggadu]

hey Teddy...i see you online...give us a good view of what you think has happened and what you think will happen going forward... i always liked your posts along with specs details veni's numbers and Q's management style... please tell us ur views...

[soggadu]

Thanks soggadu bhai ..i am becoming more and more pessimistic after Sept VB ...H1 toh rahega ..GC bhi ayega ..kabhi toh ayega jaroor!! Happy Friday!

i remember we both share the same PD... oct 22... nothing much we can do than wait, but getting H1 extension definitely relieves a lot of tension... when mine was being processed i was so tensed that i was thinking of asking my lawyer to apply for consular processing and keep my stuff in storage and all.... but none the less it was approved...so dont worry be cool... i am very sure u will see approval soon... my best wishes r with u.... as somebody said.."At my age it is unseemly to be pessimistic" ... we r too young to b pessimistic bhai... there is more to life than a September bulletin...

[indiaeb2]

Friends - As some of know my PD is Aug6th 2007 and hoping to file my i485 before end sep2012.
I have a question. I work for a consulting firm and terms with my employer is not going that great. Assuming my dates become current ,
1.Can he stop me not to apply i1485 saying i dont have a future job with the company?
2.Can i apply i485 on my own?.

Please let me know. Just want to clarify this.

[qesehmk]

He has already done his job by applying 140 to USCIS. 485 is your application. You own it.
All your employer can do is withdraw the 140. So as long as you don't do anything that will incentivize to hurt you you are safe.

6 months AFTER 485 is filed he can't withdraw underlying 140 and you are totally free as long as you have a similar job offer from anybody.



Friends - As some of know my PD is Aug6th 2007 and hoping to file my i485 before end sep2012.
I have a question. I work for a consulting firm and terms with my employer is not going that great. Assuming my dates become current ,
1.Can he stop me not to apply i1485 saying i dont have a future job with the company?
2.Can i apply i485 on my own?.

Please let me know. Just want to clarify this.

[nishant2200]

Friends - As some of know my PD is Aug6th 2007 and hoping to file my i485 before end sep2012.
I have a question. I work for a consulting firm and terms with my employer is not going that great. Assuming my dates become current ,
1.Can he stop me not to apply i1485 saying i dont have a future job with the company?
2.Can i apply i485 on my own?.

Please let me know. Just want to clarify this.

He can't stop you per se, but if he doesn't give you an EVL, you will not have a basis to be approved.

I am assuming you are PWMB. If so, you don't have EAD, and hence you need the original I-140 petetioning Employer to give you an EVL. If you have EAD and are past 180 days of I-485 filing, you could have changed to another employer with same or similar profession, and when your I-485 comes to approval stage, USCIS may send you an RFE for EVL, in which case your new employer should provide you that. This RFE may or may not come, regardless of whether you filed the AC21 letter with USCIS when you changed job on EAD.

[qesehmk]

soggadu moved the discussion to a new thread http://www.qesehmk.org/forums/showthread.php?147-Promotion-While-GC-is-Being-Processed

I really think that everybody who reads this forum should pay close attention to this fact. Don't be shy about your value. Be heard and be promoted! And while GC has some way to go, if promotion is important, be vocal. Worst case is ... it won't happen. But hey at least you tried.

[chirag.n]

Q,

There is some discussion on trackitt that the lack of visa approvals in the past couple days means that the quota for this month has dried up. I am wondering what your take is. Surely sounds like something that might happen given that there was no movement for September...

[nishant2200]

EB2 C

Demand Data shows 3200 qualified until 15 August 2007. I am not taking into account numbers which may become documentarily qualified, or some of the 3200 which may not be approved.

2803 available.

27% of this is 756

For simplicity sake, let me spread 3200 from 15th April 2007 to 15th August 2007 evenly, and assume 100 PWMB for them each month. I have a hunch that Chinese tend to be usually married and graduates of universities in masters or PhD, if they are in EB2. Hence 3200/4 = 800 + 100 = 900. I am ignoring Porting for China, I have no information on that, if someone has idea, we can enhance.

15th April 2007 - 15th May 2007 - 900
15th May 2007 - 15th June 2007 - 900
15th June 2007 - 15th July 2007 - 900
15th July 2007 - 15th August 2007 - 900

225 a week.

Hence:
Q1 FY 2012, 675/756 (81 left) would give them a resting date of: 8th May 2007
Q2 FY 2012, 675/756 (81 left) would give them a resting date of: 1st June 2007
Q3 FY 2012, 675/756 (81 left) would give them a resting date of: 22nd June 2007

Q4 is exempt from 27% limit.
Q4 FY 2012, (2803 - 675 * 3) = 778 would give them a resting date of : 22nd July 2007
Demand left = (3200 - (2803 - 325 PWMB)) = 722

In Q4, also there should be SO, so the 722 left should ideally be easily approved, hence EB2 C should be able to cross the 15th August 2007 hurdle.

Now to apply SO, it is strictly in order of oldest PD. So what kind of impact would this have on COD. Would the movement which would need to be done for EB2 C also benefit EB2 I in anyway. Until what point these two would be independant, and what point they would have to be conjoined twins again. Just thinking.

[nishant2200]

Q,

There is some discussion on trackitt that the lack of visa approvals in the past couple days means that the quota for this month has dried up. I am wondering what your take is. Surely sounds like something that might happen given that there was no movement for September...

chirag, I think even if there is (I am not saying it will) retro in October (assuming that's what you were trying to refer to), we should not panic or think too much into it. It's almost like a self-correcting system, almost like the congestion control/avoidance backoff algorithms, and over time, the movement starts tending to where it was, and eventually forward in the FY.

[qesehmk]

Chirag,

We can only wait and see what the trend is. If the trend of EB2IC not being approved persists then I would be really worried. But as of now, a couple of days don't make a trend. So lets wait through end of next week and see.


Q,

There is some discussion on trackitt that the lack of visa approvals in the past couple days means that the quota for this month has dried up. I am wondering what your take is. Surely sounds like something that might happen given that there was no movement for September...

[indiaeb2]

He can't stop you per se, but if he doesn't give you an EVL, you will not have a basis to be approved.

I am assuming you are PWMB. If so, you don't have EAD, and hence you need the original I-140 petetioning Employer to give you an EVL. If you have EAD and are past 180 days of I-485 filing, you could have changed to another employer with same or similar profession, and when your I-485 comes to approval stage, USCIS may send you an RFE for EVL, in which case your new employer should provide you that. This RFE may or may not come, regardless of whether you filed the AC21 letter with USCIS when you changed job on EAD.

Thanks Q and Nishant.
Yes Nishant i fall under PWMB. I have my copy of my labor and i140. Good to hear that he wont be able to stop me. Thanks for letting me know. Have a good weekend.

[Wiscdude]

I am sorry to burst your bubble, There is no way that american congress can fix immigration. Think about it, if they can't agree on american finances(debt limit) what are the chances that politicians will agree on fixing immigration.

Wisc..

[skpanda]

Source...???

Is this an outcome of the hearing on 26th july


In this current situation , If a Republican Rep introduces a immigration bill, will it pass ?

News coming up that a Immigration bill to eliminate 7% country cap is on the way from Republican's side .

What do you guys think ?

[nishant2200]

I am sorry to burst your bubble, There is no way that american congress can fix immigration. Think about it, if they can't agree on american finances(debt limit) what are the chances that politicians will agree on fixing immigration.

Wisc..

Have to keep trying. You never know.

[nishant2200]

http://www.computerworld.com/s/article/9218607/House_Republicans_consider_high_skills_immigration _bill

Appreciate it. Keep sharing good info.

[qesehmk]

Friends,

We have added a poll to select an organization that we can donate some of site's ad revenues.
It would be great if you could let your opinion be known to help us donate in the right place.

http://www.qesehmk.org/forums/showthread.php?90-Account-of-Donations-We-Made&p=7392

The poll will close in 10 days from now.

[Spectator]

I found this on the Chinese NIU site http://translate.google.com/translate?hl=en&sl=auto&tl=en&u=http%3A%2F%2Fniunational.com%2F

I think it is interesting enough to post, but I can't say whether it is true or not.


NIU organization today with Auburn in September asked to explain why no progress in VB India EB2, and EB3 India should move forward to confirm whether he is still a month with the family places.

Auburn explained as follows:

The bottom line is that USCIS has suddenly found large amounts of non China / India EB1 and EB2 cases to process during the past month or so.

They have also indicated that they have well over 12,000 of such cases which they plan to process during the remainder of August and September.

This recent demand, and new level of Aug. / Sept. demand had never been identified by USCIS as a potential issue during our discussions in recent months.

This change in their processing completely different than the historical number use pattern which had been experienced through May / June, which was reasonably expected to continue throughout the summer months.

That is why I had thought that the Sept. EB1/EB2 cut-off would be at least July 1, 2007.

When they contacted me last Friday describing their future workload plans that totally changed everything.

In addition, he confirmed EB3I with the family or places in India.

What I can say is that in EB1, India has been on target for over 4k visas for some time, representing something over 2/3 of the total last year.

ROW has been well below this figure, suggesting that either cases remained to be adjudicated, or that the % use within EB1 was shifting significantly to India/China (assuming China usage was similar to India's as it was last year).

The numbers talked about are a bit mind blowing - I'm not sure there are enough visas left to approve that many.

The last bit is a bit more confusing. It might be suggesting that EB3-I progress in August/September is possible because of under usage in FB (the same argument used for South Korea).

If that is indeed the case, that will be controversial, because many other Countries have significantly lower FB usage than India, yet do not benefit from more visas. Historically, India has been very close to or completely used the 7% allocation in FB, mainly due to high usage of F4 visas. Any extra visas given to EB3-I will come at the expense of those given to EB3-ROW, since no transfer of extra allocation to EB3 takes place in this scenario.

In addition, since the overall limit for this to be possible is 25,620, India would certainly have exceeded that number in FB + EB.

TBH the statement doesn't make much sense in the English translation, so take that with a very large pinch of salt. I may have misinterpreted it completely incorrectly - and probably have.

[nishant2200]

Spec, Interesting. related to above, sharing a conversation I had with Teddy: (copied from my sent mail from iphone)

I simply think that they had to make their books look good at the end
of the year, and there must be overwhelming pressure on USCIS to clean
up slate on the backlog of EB1 and EB2 ROW. Also it is to our
advantage that EB2 ROW remains Current. When there is backlog in
categories which are officially Current, and huge chunks of visas are
being given to retrogressed countries, it is going to raise red flags.
Just a common sense POV from me here.

I was disappointed that day, but I immiidately attributed it to just
the above reasoning. This time the lawyers (OH Law firm, and various
noises on internet) had the insider trickles right, about USCIS being
concerned about the reduction in demand (meaning less documentarily
qualified and increasing backlog) of EB1 and EB2 ROW.

They kind of focused on us for some months, and now they are focusing
on the EB1, EB2 ROW.

[nishant2200]

Another point, I think CO/USCIS/DOS is looking to mostly err on the side of caution always, coz they do have the flexibility of utilizing EB3ROW to avoid visa wastage.

[qesehmk]

Spec
Last week when visa bulletin came along ... it was a no brainer that EB1 EB2ROW usage had to go up! EB5 CANT be the reason why EB2IC are shoved.
I was pleasantly surprised by from the chinese data (if true) that there were 12K cases found in EB1 EB2ROW and otherwise the number was on track to 1st July. I had predicted 8th July!

So honestly what we see here is exactly what we have always maintained. Influence of Policy on the workings of government agencies. We have nailed the demand model of EB2 reasonably well. Not in the predictions on day one sense .... but throughout the year as events unfold we can sense very well where the dates will move. However what;s impossible to predict is things such as these which IMHO are policy driven. I just find it impossible to believe suddenly 12K cases were "FOUND"!!

p.s. - I could hardly comprehend the EB3I comment. And I disagree if the comment says the movement is because of EB+FB 7% limit. I have previously given actual calculations why EB3I could easily have this kind of movement. So there is nothing mysterious there.


I found this on the Chinese NIU site http://translate.google.com/translate?hl=en&sl=auto&tl=en&u=http%3A%2F%2Fniunational.com%2F

I think it is interesting enough to post, but I can't say whether it is true or not.



What I can say is that in EB1, India has been on target for over 4k visas for some time, representing something over 2/3 of the total last year.

ROW has been well below this figure, suggesting that either cases remained to be adjudicated, or that the % use within EB1 was shifting significantly to India/China (assuming China usage was similar to India's as it was last year).

The numbers talked about are a bit mind blowing - I'm not sure there are enough visas left to approve that many.

The last bit is a bit more confusing. It might be suggesting that EB3-I progress in August/September is possible because of under usage in FB (the same argument used for South Korea).

If that is indeed the case, that will be controversial, because many other Countries have significantly lower FB usage than India, yet do not benefit from more visas. Historically, India has been very close to or completely used the 7% allocation in FB, mainly due to high usage of F4 visas. Any extra visas given to EB3-I will come at the expense of those given to EB3-ROW, since no transfer of extra allocation to EB3 takes place in this scenario.

In addition, since the overall limit for this to be possible is 25,620, India would certainly have exceeded that number in FB + EB.

TBH the statement doesn't make much sense in the English translation, so take that with a very large pinch of salt. I may have misinterpreted it completely incorrectly - and probably have.

[Spectator]

Q,

I totally agree with you about EB3-I.

The Chinese seem to have a conspiracy theory about it. The movement can be totally explained by other factors. In fact, my post was also designed to debunk their theory.

Like you, I think the most disappointing aspect, is the "finding" of these cases. It suggests either crass incompetency by USCIS and/or USCIS are still withholding information on their side of the demand.

With that kind of mindset, how can DOS be expected to manage the unknown demand past the backlog as well as porting and PWMB?

I think the level of trust has suffered a serious setback.

[Spectator]

Another point, I think CO/USCIS/DOS is looking to mostly err on the side of caution always, coz they do have the flexibility of utilizing EB3ROW to avoid visa wastage.Not unless the ROW COD is advanced to allow for the possibility.

[nishant2200]

Not unless the ROW COD is advanced to allow for the possibility.

Excellent catch Sensei :)

[Spectator]

Nishant,

It's an interesting point though.

DOS are essentially now completely at the mercy of USCIS to come through with the extra approvals in August/September.

If they don't, visas can be wasted, since there appears to be no outlet in EB3 to consume them, based on the EB3 CODs set in the September VB.

It is possible that EB2-IC could take up some of the slack, since their is the possibility that the August VB movement was more than the numbers available now can support.

I seriously doubt CO would allow a situation where there is any chance of numbers being wasted.

If USCIS came through with 12k EB1 & EB2-ROW approvals in August/September, I think DOS would run out of visas.

In that scenario, I think they would honor any EB2-IC approvals and say that visas had become unavailable to EB1 & EB2-ROW. We would see a bumper number of approvals in October.

[veni001]

Q,Spec, nishant,

June'11 140 completions and Q3 PERM data will shed some light on this sudden increase in demand!

PERM Factsheet released (http://icert.doleta.gov/includes/modules/callDoc.cfm?RequestedDocument=PERM_Factsheet_6_27_ 11.pdf) at the end of June show significant increase in filings and USCIS dashboard shows (http://dashboard.uscis.gov/index.cfm?formtype=7&office=91&charttype=1) increased efforts since March to reduce i140 backlog.

I agree with Spec comments that DOS is at the mercy of USCIS, at least in the spillover season!

[nishant2200]

Spec, in ur above post, do you mean attaching visa numbers from FY 2011 quota to EB2 I/C in advance, and approving them first thing in October per October bulletin. Is this possible. If so, Oct bulletin has to advance.

Also, one curiosity, has DOS ever amended a bulletin to advance dates.

[nishant2200]

Veni, thanks for continue monitoring trend. Let's pray that USCIS clear backlog full throttle, now that it seems they have taken a huge buy in for them on the table.

[Spectator]

Spec, in ur above post, do you mean attaching visa numbers from FY 2011 quota to EB2 I/C in advance, and approving them first thing in October per October bulletin. Is this possible. If so, Oct bulletin has to advance.

Also, one curiosity, has DOS ever amended a bulletin to advance dates.nishant,

No.

USCIS have plenty of time to adjudicate all the EB2-IC cases made Current before the end of September, even allowing for the fact that some made Current in July still seem to be approved.

I'm saying they are more likely to approve those in FY2011, since delayed EB1/EB2-ROW approvals would still be Current in October and far more visas are available to them.

Since the supply for EB2-IC is limited as soon as we move into October, it is far more of a risk to delay them, since it is almost certainly known that there is more demand to come that has not yet reached the documentarily qualified stage.

As long as EB1/EB2-ROW are seen to rise, no one would know the difference.

On the other hand, a failure to approve as many EB2-IC as possible might have repercussions as to when the dates move in FY2012.

The fact that CO moved the Demand down by the full number of pre-adjudicated cases makes me fairly confident that all EB2-IC cases, that can be, will be approved in FY2011.

[gcseeker]

Spec

I am confused with the above information. If USCIS has suddenly found so many cases ( 12K) and this would reduce the SOFAD starting with the new fiscal year and also porting and PWMB will be consuming visa numbers each month...Why would not the dates for Oct/Nov onwards not retrogress for EB2I.

Am I missing something...

[nishant2200]

Spec, Veni:

So the best which can come out of this is:

1. Can consider all EB2 I/C till 15 April 2007 dealt with.
2. EB1, EB2 ROW backlog not a concern for FY 2012. No 15/12 EB1 demand going in.
3. EB2 ROW all countries retained, n current continues.

gcseeker, in response to ur above, my opinion is retro should not cause alarm bells. The dates will fairly easily come back into mid 2007 range even if retro, and by the time SO season, we will have better idea of expected SO.

[veni001]

Spec, Veni:

So the best which can come out of this is:

1. Can consider all EB2 I/C till 15 April 2007 dealt with.
2. EB1, EB2 ROW backlog not a concern for FY 2012. No 15/12 EB1 demand going in.
3. EB2 ROW all countries retained, n current continues.

gcseeker, in response to ur above, my opinion is retro should not cause alarm bells. The dates will fairly easily come back into mid 2007 range even if retro, and by the time SO season, we will have better idea of expected SO.

nishant,

#1 This depends on no.of VISAs available for Sept Vs EB1 demand.

#2 If USCIS clear most of EB1 backlong in Sept, depends on # of VISAs available, and if EB1-140 receipts continuue similar to FY2011, then EB1 backlog will not be a concern for FY2012 spillover.

#3 As Spec and Q pointed allmost all of ROW is applying in EB2, unless the is any surge in ROW PERM, should remain current for FY2012. I would wait until Q3-Q4 (FY2011) PERM data to conclude on spillover from ROW.

[Spectator]

Spec

I am confused with the above information. If USCIS has suddenly found so many cases ( 12K) and this would reduce the SOFAD starting with the new fiscal year and also porting and PWMB will be consuming visa numbers each month...Why would not the dates for Oct/Nov onwards not retrogress for EB2I.

Am I missing something...gcseeker,

It's a good question.

I am not sure it is answerable yet.

Half way through August, there is no sign of huge extra approvals for EB1/EB2-ROW, although they are holding up quite well. That doesn't mean they couldn't be seen in the next six weeks or so. As we have seen with EB2-IC, USCIS can process fairly high numbers if they wish to.

That leaves the possibility that some of these approvals will be pushed into FY2012 and reduce SOFAD.

I don't think PWMB and Porting numbers will be so high in the first couple of months that CO will need to retrogress the dates, although it remains an outside possibility. As Nishant said, it would bounce back very quickly, even if it happened.

Let's see when the upsurge in EB1/EB2-ROW approvals happens and the magnitude of it.

[druvraj]

I guess the days of BTM are well and truly over. All that is left is S&PUM (Small and Painful Uncertain Movement). I guess what we also need to understand in our prediction for the 2012 SOFAD is that porting numbers are going to be phenomenal because USCIS just introduced EB2 Entrepreneurial visa. People in EB3IC will start a new company and port using the old PD. Once they get their GC close the company. I feel like we should see retrogression soon. Your comments please.

[qesehmk]

I don't think we have seen anything yet that should spark fears of retrogression.

Also contrary to what Spec believes, I think the numbers to be allocated in August i.e. this month already were available based on YTD July actuals. So the increase in EB2ROW and EB1 - whatever DoS is claiming - if were more than what was available for August and September non-spillover numbers, woudl have resulted into retrogression right for September.

In general since Sep is the last month, I find it hard to believe that any dates published for Sep bulletin are NOT sustainable especially since they were moved AFTER considering all YTD spillover.


I guess the days of BTM are well and truly over. All that is left is S&PUM (Small and Painful Uncertain Movement). I guess what we also need to understand in our prediction for the 2012 SOFAD is that porting numbers are going to be phenomenal because USCIS just introduced EB2 Entrepreneurial visa. People in EB3IC will start a new company and port using the old PD. Once they get their GC close the company. I feel like we should see retrogression soon. Your comments please.

[ssvp22]

porting numbers are going to be phenomenal because USCIS just introduced EB2 Entrepreneurial visa. People in EB3IC will start a new company and port using the old PD
I dont think this is a true statement. Getting Entrepreneur visa will not be easy by any means since it requires a employer employee relationship, which can be validated only via a genuine Board of Directors of the company. Besides that, i expect that you will need to generate valid revenue numbers. I dont think taking up a contracting job and hoping to get an Entrepreneurial visa comes anyway near this scenario.

[gc_usa]

I dont think this is a true statement. Getting Entrepreneur visa will not be easy by any means since it requires a employer employee relationship, which can be validated only via a genuine Board of Directors of the company. Besides that, i expect that you will need to generate valid revenue numbers. I dont think taking up a contracting job and hoping to get an Entrepreneurial visa comes anyway near this scenario.

That route is as tough as EB1 as of now.

[Spectator]

I don't think we have seen anything yet that should spark fears of retrogression.

Also contrary to what Spec believes, I think the numbers to be allocated in August i.e. this month already were available based on YTD July actuals. So the increase in EB2ROW and EB1 - whatever DoS is claiming - if were more than what was available for August and September non-spillover numbers, woudl have resulted into retrogression right for September.

In general since Sep is the last month, I find it hard to believe that any dates published for Sep bulletin are NOT sustainable especially since they were moved AFTER considering all YTD spillover.Q,

That is pretty much what I said. Let me be clear. I do not believe that there will be retrogression in October. CO would not have kept the dates the same in the Sept VB otherwise.

But 12k extra EB1 and EB2-ROW approvals after July do not appear to be sustainable either, which is why I think some will be pushed into FY2012.

About the minimum SOFAD required to sustain the movement to 15APR07 is 31k after allowing for porting/PWMB.

After removing the normal allocation of 5.6k, that is 25.4k spillover required, which must come from a combination of EB1, EB2 and EB5.

If we say EB5 will contribute 6k, then EB1 and EB2 need to contribute 19.4k between them.

At the end of July EB1 appeared to have used 21.5k, leaving 18.5k left for further approvals and spillover.
At the end of July, EB2-ROW appeared to have used 21k and MP around 3k, leaving about 10.5k left for further approvals and spillover.

That is 29k left for EB1 and EB2-ROW after July.

Reduce that by the extra 12k leaves 17k, when 19.4k is required for 31k SOFAD.

If we assume that EB2-IC demand will be honored, that means that 2.5k EB1/EB2-ROW approvals would have to spill into FY2012. That probably means DOS do not believe USCIS can process all the numbers.

If the SOFAD required to clear EB2-IC cases to 15APR07 is higher, then more numbers will have to shift into FY2012.

[qesehmk]

Spec

Remember we had a difference of opinion of whether 19K left represented what ? Because of that I said "contrary to Spec".

However what you just said here is totally agreeable. Porting and PWMB numbers I have been using are quite low (3-4K in TOTAL through Apr 15 2007). Which explains why I think everything can be accomodated in this years quota as long as EB1 EB2ROW "surprise" demand is 12K or less.



Q,

That is pretty much what I said. Let me be clear. I do not believe that there will be retrogression in October. CO would not have kept the dates the same in the Sept VB otherwise.

But 12k extra EB1 and EB2-ROW approvals after July do not appear to be sustainable either, which is why I think some will be pushed into FY2012.

About the minimum SOFAD required to sustain the movement to 15APR07 is 31k after allowing for porting/PWMB.

After removing the normal allocation of 5.6k, that is 25.4k spillover required, which must come from a combination of EB1, EB2 and EB5.

If we say EB5 will contribute 6k, then EB1 and EB2 need to contribute 19.4k between them.

At the end of July EB1 appeared to have used 21.5k, leaving 18.5k left for further approvals and spillover.
At the end of July, EB2-ROW appeared to have used 21k and MP around 3k, leaving about 10.5k left for further approvals and spillover.

That is 29k left for EB1 and EB2-ROW after July.

Reduce that by the extra 12k leaves 17k, when 19.4k is required for 31k SOFAD.

If we assume that EB2-IC demand will be honored, that means that 2.5k EB1/EB2-ROW approvals would have to spill into FY2012. That probably means DOS do not believe USCIS can process all the numbers.

If the SOFAD required to clear EB2-IC cases to 15APR07 is higher, then more numbers will have to shift into FY2012.

[druvraj]

I dont think this is a true statement. Getting Entrepreneur visa will not be easy by any means since it requires a employer employee relationship, which can be validated only via a genuine Board of Directors of the company. Besides that, i expect that you will need to generate valid revenue numbers. I dont think taking up a contracting job and hoping to get an Entrepreneurial visa comes anyway near this scenario.

The whole point in starting the new visa under the EB2 program is to see liquidity and job growth in the market. So I feel like revenue numbers are not a criteria as well as number of jobs that need to be created like in EB5 program. In EB5 program there is fixed amount that need to be invested for one to qualify which is also not a requirement. This new EB2 visa program has been started with the intention for immigrants to start their own companies which the govt things will generate more jobs. In the first few years there will be loopholes that I am sure people will take advantage of just like EB1 and then when all the loopholes are closed or plugged we will see porting will go down. Till then EB3IC will enjoy and EB2IC will suffer. In short there is a reason why this visa in under EB2 and not anywhere else.

Some pages back I was reading about a proposed legislation to remove country cap limits is it true or another rumour?

[qesehmk]

Friends,

I am looking for help on developing an IT security product. I need a person with exceptional or at least excellent skills in writing IT security programming. e.g. reading from and writing to LDAP, XACML programming etc.

If you or your friends are interested please write to me at qesehmk@gmail.com

p.s. - Sorry for being offtopic. I will delete this post late today.

[Reader]

Sorry for the off-topic question. Can someone with experience in Successor-in-Interest 140 amendment answer my question please?

My priority date is Dec 2007 EB2 India and hoping to file 487 by September 2012. The interesting thing is that my company will merge with another company in the same business during mid 2012. My role, job title, salary will remain the same and the company tax id and name is expected to change.

I am aware that the new company has to amend the 140 by filing successor in interest 140. My questions are

1. Is it possible to apply for premium processing for 140 amendment for successor in interest?

2. If my 140 amendment is filed and pending with USCIS, can we apply 485 if the date becomes current?


Thanks in advance for your help..

[soggadu]

Sorry for the off-topic question. Can someone with experience in Successor-in-Interest 140 amendment answer my question please?

My priority date is Dec 2007 EB2 India and hoping to file 487 by September 2012. The interesting thing is that my company will merge with another company in the same business during mid 2012. My role, job title, salary will remain the same and the company tax id and name is expected to change.

I am aware that the new company has to amend the 140 by filing successor in interest 140. My questions are

1. Is it possible to apply for premium processing for 140 amendment for successor in interest?

2. If my 140 amendment is filed and pending with USCIS, can we apply 485 if the date becomes current?


Thanks in advance for your help..

Reader...we still have the concurrent filing option available. That means you can apply to 485 irrespective of ur 140 status... apply together or separately even 140 pending...not sure about question 1.

[qesehmk]

Reader

My hunch is that what soggadu is saying would be true. However somebody needs to confirm if it still works AFTER 140 is already filed and pending and date become current.

On another note - more than likely your 140 will be approved prior to your date becoming current - unfortunately.


Sorry for the off-topic question. Can someone with experience in Successor-in-Interest 140 amendment answer my question please?

My priority date is Dec 2007 EB2 India and hoping to file 487 by September 2012. The interesting thing is that my company will merge with another company in the same business during mid 2012. My role, job title, salary will remain the same and the company tax id and name is expected to change.

I am aware that the new company has to amend the 140 by filing successor in interest 140. My questions are

1. Is it possible to apply for premium processing for 140 amendment for successor in interest?

2. If my 140 amendment is filed and pending with USCIS, can we apply 485 if the date becomes current?


Thanks in advance for your help..

[Reader]

Reader

On another note - more than likely your 140 will be approved prior to your date becoming current - unfortunately.

Are you saying this because you believe that 140 approval should not take more that 2-3 month or because you don't believe that I will be be able to file 485 by Sep 2012?

[qesehmk]

Sorry I thought the merger is already behind. Mid 2012 ... is tricky. There are so many different combinations, its not worth predicting.

However I fully expect you to be current by Mar 2012 so you should be able to file 485 based on existing 140 then.


Are you saying this because you believe that 140 approval should not take more that 2-3 month or because you don't believe that I will be be able to file 485 by Sep 2012?

[nayekal]

Sorry for the off-topic question. Can someone with experience in Successor-in-Interest 140 amendment answer my question please?

My priority date is Dec 2007 EB2 India and hoping to file 487 by September 2012. The interesting thing is that my company will merge with another company in the same business during mid 2012. My role, job title, salary will remain the same and the company tax id and name is expected to change.

I am aware that the new company has to amend the 140 by filing successor in interest 140. My questions are

1. Is it possible to apply for premium processing for 140 amendment for successor in interest?

2. If my 140 amendment is filed and pending with USCIS, can we apply 485 if the date becomes current?


Thanks in advance for your help..

I went through the same scenario, when I had my I-140 approved. My 140 got approved and my company got merged with another company.

Later had to go for H1 ext and this is what my attorney said. No matter a company got sold or merged, you don't need to do any amendments immediately for an approved or pending 140, but whenever you are supposed apply I485 or H1 ext, you have do an amendment.

[Spectator]

Spec

You left the 12K already alloted to I&C to be subtracted from the 31K

31K SOFAD required to clear upto 15 APR07 backlog.


EB5 6.0K
EB1 12.0k
Normal allocation 5.6K
-------
23.6K

Assuming 23.6 is already alloted to I&C

Balance required to reach 31K = 7.4K

EB1 end of July 21.5 + 12 = 33.5
EB2 end of July = 29.5


Balance left 17K
Please correct me if I am wrongKanmani,

You are calculating in an entirely different way and I can't fully understand your calculation.

What has already been given is not relevant to my calculation. Only what is finally given is important. The 31k represents what is needed to cover all the cases to 15APR07 if Porting/PWMB/Misc total about 5k.

The 31k is made up of the 26k known qualified cases from Demand/Inventory plus an allowance for Porting/PWMB.

As Q said, if Porting/PWMB approvals for FY2011 are low enough, then there are just enough visas to cover everything. That requires the lowest possible estimates to be true, which is certainly possible. In that case SOFAD would have to be nearer 28.5/29k.

That assumes USCIS approve the full 12k mentioned in FY2011. I don't think they will, so a higher SOFAD becomes possible.

As a PS to Q, our slight difference in what the 19k represented has no effect on the calculation either. It has everything to do with how much SOFAD is required to cover the COD movement and where that comes from.

[indiaeb2]

Hi Q - when you get time, can you please update your post #1 with the expected or predicted movement and SOFAD for FY2012. Thank you.