EB2-3 Predictions (Rather Calculations) - 2014

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Originally Posted by venkat

Can you please send me the link?

I'm June 2008 with no signs of approval. Opened SR and contacted Congressman, planning to follow-up with them on Monday

Its really disappointing - First it was TSC who hardly approved any cases in July, then when they finally started approving in August it was all random and now in September there are busy approving 2009 cases.

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I hear you man....I'm in the same boat as you June 2008 PD with TSC :confused:

http://www.qesehmk.org/forums/showth...With-Your-Case

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Originally Posted by qesehmk

Thanks. i missed he having filed only recently.

As per internal retro .. first of all there is no such thing. But I think I know what you are saying. They will stop allocating visas when they run out of visas. It is as simple as that.

But if dates are current people can still continue to file 485s. So what you call IR is not what we were discussing. We were discussing VB dates being retro'd in Nov vs Dec.

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Q,

I understand that the discussion is about the visa bulletin. But I was just trying to point out to " IsItWorthTheTrouble" that dates begin current for Nov bulletin does not mean that visas will continue to be allocated until Nov 30, 2014. They can internally stop allocating visas on any date between Nov 1 - Nov 30.

Since the original post was from someone who is a first time filer, he is trying to find out whether he gets GC or not and thus I thought its important to highlight the fact it depends on when they internally stop allocating visas.

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Originally Posted by qesehmk

Thanks. i missed he having filed only recently.

As per internal retro .. first of all there is no such thing. But I think I know what you are saying. They will stop allocating visas when they run out of visas. It is as simple as that.

But if dates are current people can still continue to file 485s. So what you call IR is not what we were discussing. We were discussing VB dates being retro'd in Nov vs Dec.

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Q,

I understand that the discussion is about the visa bulletin. But I was just trying to point out to " IsItWorthTheTrouble" that dates begin current for Nov bulletin does not mean that visas will continue to be allocated until Nov 30, 2014. They can internally stop allocating visas on any date between Nov 1 - Nov 30.

Since the original post was from someone who is a first time filer, he is trying to find out whether he gets GC or not and thus I thought its important to highlight the fact it depends on when they internally stop allocating visas.

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Originally Posted by Jagan01

Q,

I understand that the discussion is about the visa bulletin. But I was just trying to point out to " IsItWorthTheTrouble" that dates begin current for Nov bulletin does not mean that visas will continue to be allocated until Nov 30, 2014. They can internally stop allocating visas on any date between Nov 1 - Nov 30.

Since the original post was from someone who is a first time filer, he is trying to find out whether he gets GC or not and thus I thought its important to highlight the fact it depends on when they internally stop allocating visas.

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Thank Jagan. You are right.

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Originally Posted by Jagan01

Q,

I understand that the discussion is about the visa bulletin. But I was just trying to point out to " IsItWorthTheTrouble" that dates begin current for Nov bulletin does not mean that visas will continue to be allocated until Nov 30, 2014. They can internally stop allocating visas on any date between Nov 1 - Nov 30.

Since the original post was from someone who is a first time filer, he is trying to find out whether he gets GC or not and thus I thought its important to highlight the fact it depends on when they internally stop allocating visas.

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Thank Jagan. You are right.

I think sometime next week i've to go ahead with the below option:

Seek assistance of Ombudsman: http://www.dhs.gov/case-assistance After speaking to NCSC L2 I was so mad that I wanted to kill someone but that would make me a permanent resident of a different kind. So I submitted a DHS 7001 Request with on 9/2/2014.

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Originally Posted by Seeking_GC_Since_Jun_2008

I hear you man....I'm in the same boat as you June 2008 PD with TSC :confused:

http://www.qesehmk.org/forums/showth...With-Your-Case

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I think sometime next week i've to go ahead with the below option:

Seek assistance of Ombudsman: http://www.dhs.gov/case-assistance After speaking to NCSC L2 I was so mad that I wanted to kill someone but that would make me a permanent resident of a different kind. So I submitted a DHS 7001 Request with on 9/2/2014.

Quote:

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Originally Posted by Seeking_GC_Since_Jun_2008

I hear you man....I'm in the same boat as you June 2008 PD with TSC :confused:

http://www.qesehmk.org/forums/showth...With-Your-Case

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DOL Perm process target for 2015 : 250-350 days, 2014 target was 150-225 days.

http://immigration-law.com/


DOL Stategic Plans and Performance Goals FY 2014-2018 and Foreign Labor Certification Programs

DOL developed its 5-year strategic plan and performance goals for various programs for the Department. For the Office of Foreign Labor Certifications, because of the uncertainity of the comprehensive immigration reform activities at the legislative level and administrative level, it could only determine the goals for performance goals for PERM program for two years (2014 and 2015).

2011 2012 2013 2014 2015 2016 2017 2018
H-1B (7 days) 100% 100% 100% 100% 100% 100% 100%
H-2A (30 days) 80% 80% 80% 80% 80%
H-2B (30 days) 85% 90% 90% 90% 90% 90%
PERM (Audit Track) 305-450 days 475-600 days ? ? ?
PERM (Non-Audit Track) 150-225 days 250-350 days ? ? ?
Employers should be prepared to deal with anticipated further delays in processing of PERM applications in FY 2015 which starts from October 2014. We were hoping that the processing times for PERM would be improved in the near future, but the DOL had set the target much lower for the FY 2015 for whatever reasons. For the foreign labor certification program in this five-year strategic plan, please visit pp. 54-56.

DOL Perm process target for 2015 : 250-350 days, 2014 target was 150-225 days.

http://immigration-law.com/


DOL Stategic Plans and Performance Goals FY 2014-2018 and Foreign Labor Certification Programs

DOL developed its 5-year strategic plan and performance goals for various programs for the Department. For the Office of Foreign Labor Certifications, because of the uncertainity of the comprehensive immigration reform activities at the legislative level and administrative level, it could only determine the goals for performance goals for PERM program for two years (2014 and 2015).

2011 2012 2013 2014 2015 2016 2017 2018
H-1B (7 days) 100% 100% 100% 100% 100% 100% 100%
H-2A (30 days) 80% 80% 80% 80% 80%
H-2B (30 days) 85% 90% 90% 90% 90% 90%
PERM (Audit Track) 305-450 days 475-600 days ? ? ?
PERM (Non-Audit Track) 150-225 days 250-350 days ? ? ?
Employers should be prepared to deal with anticipated further delays in processing of PERM applications in FY 2015 which starts from October 2014. We were hoping that the processing times for PERM would be improved in the near future, but the DOL had set the target much lower for the FY 2015 for whatever reasons. For the foreign labor certification program in this five-year strategic plan, please visit pp. 54-56.

Does this mean we have a chance of good spillover next year?

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Originally Posted by vik123

DOL Perm process target for 2015 : 250-350 days, 2014 target was 150-225 days.

http://immigration-law.com/


DOL Stategic Plans and Performance Goals FY 2014-2018 and Foreign Labor Certification Programs

DOL developed its 5-year strategic plan and performance goals for various programs for the Department. For the Office of Foreign Labor Certifications, because of the uncertainity of the comprehensive immigration reform activities at the legislative level and administrative level, it could only determine the goals for performance goals for PERM program for two years (2014 and 2015).

2011 2012 2013 2014 2015 2016 2017 2018
H-1B (7 days) 100% 100% 100% 100% 100% 100% 100%
H-2A (30 days) 80% 80% 80% 80% 80%
H-2B (30 days) 85% 90% 90% 90% 90% 90%
PERM (Audit Track) 305-450 days 475-600 days ? ? ?
PERM (Non-Audit Track) 150-225 days 250-350 days ? ? ?
Employers should be prepared to deal with anticipated further delays in processing of PERM applications in FY 2015 which starts from October 2014. We were hoping that the processing times for PERM would be improved in the near future, but the DOL had set the target much lower for the FY 2015 for whatever reasons. For the foreign labor certification program in this five-year strategic plan, please visit pp. 54-56.

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Does this mean we have a chance of good spillover next year?

Quote:

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Originally Posted by vik123

DOL Perm process target for 2015 : 250-350 days, 2014 target was 150-225 days.

http://immigration-law.com/


DOL Stategic Plans and Performance Goals FY 2014-2018 and Foreign Labor Certification Programs

DOL developed its 5-year strategic plan and performance goals for various programs for the Department. For the Office of Foreign Labor Certifications, because of the uncertainity of the comprehensive immigration reform activities at the legislative level and administrative level, it could only determine the goals for performance goals for PERM program for two years (2014 and 2015).

2011 2012 2013 2014 2015 2016 2017 2018
H-1B (7 days) 100% 100% 100% 100% 100% 100% 100%
H-2A (30 days) 80% 80% 80% 80% 80%
H-2B (30 days) 85% 90% 90% 90% 90% 90%
PERM (Audit Track) 305-450 days 475-600 days ? ? ?
PERM (Non-Audit Track) 150-225 days 250-350 days ? ? ?
Employers should be prepared to deal with anticipated further delays in processing of PERM applications in FY 2015 which starts from October 2014. We were hoping that the processing times for PERM would be improved in the near future, but the DOL had set the target much lower for the FY 2015 for whatever reasons. For the foreign labor certification program in this five-year strategic plan, please visit pp. 54-56.

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Quote:

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Originally Posted by venkat

I think sometime next week i've to go ahead with the below option:

Seek assistance of Ombudsman: http://www.dhs.gov/case-assistance After speaking to NCSC L2 I was so mad that I wanted to kill someone but that would make me a permanent resident of a different kind. So I submitted a DHS 7001 Request with on 9/2/2014.

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Yes, I was thinking of the same next week...Good Luck and keep me posted..Check you PM by the way!

Quote:

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Originally Posted by venkat

I think sometime next week i've to go ahead with the below option:

Seek assistance of Ombudsman: http://www.dhs.gov/case-assistance After speaking to NCSC L2 I was so mad that I wanted to kill someone but that would make me a permanent resident of a different kind. So I submitted a DHS 7001 Request with on 9/2/2014.

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Yes, I was thinking of the same next week...Good Luck and keep me posted..Check you PM by the way!

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Originally Posted by CleanSock

Does this mean we have a chance of good spillover next year?

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Definitely improves the chances.

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Originally Posted by CleanSock

Does this mean we have a chance of good spillover next year?

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Definitely improves the chances.

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Originally Posted by Seeking_GC_Since_Jun_2008

Thanks Q, found it!

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Can you pls post/pm me the link? Thanks, Seeking.

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Originally Posted by Seeking_GC_Since_Jun_2008

Thanks Q, found it!

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Can you pls post/pm me the link? Thanks, Seeking.

We have cleaned up this thread and archived all old posts. Those archives of old EB2-3 Calculations can be found HERE

We can use this thread for 2015 predictions. All gurus are welcome to update their posts at the top of this thread whenever they wish. I will update my initial take within a week.We will archive Sep posts at the end of this month. We have preserved the threat so that people don't have to change their bookmarks! It was a lot of work ... but finally I am done with it.

@Imdeng: Are you a university faculty member? If so, try to get an adjunct professor position and this should suffice for AC21. You don't need to have an "indefinite" job, but you need to show a pattern or history of moving from job to job in the same job classification with little or no gaps. Many community colleges have adjunct requirements every semester. Of course, the pay will be much lower as an adjunct, but for the purposes of AC21, the main requirement is the job should be near identical, and you should be able to support yourself without need of government assistance.

Quote:

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Originally Posted by qesehmk

We have cleaned up this thread and archived all old posts. Those archives of old EB2-3 Calculations can be found HERE

We can use this thread for 2015 predictions. All gurus are welcome to update their posts at the top of this thread whenever they wish. I will update my initial take within a week.We will archive Sep posts at the end of this month. We have preserved the threat so that people don't have to change their bookmarks! It was a lot of work ... but finally I am done with it.

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Thanks Q !

Excellent timing Q. It is time for us to move on to FY2015 details. It is going to be an interesting one - especially from EB3 POV.

Quote:

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Originally Posted by qesehmk

We have cleaned up this thread and archived all old posts. Those archives of old EB2-3 Calculations can be found HERE

We can use this thread for 2015 predictions. All gurus are welcome to update their posts at the top of this thread whenever they wish. I will update my initial take within a week.We will archive Sep posts at the end of this month. We have preserved the threat so that people don't have to change their bookmarks! It was a lot of work ... but finally I am done with it.

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Thanks nbk. Seems like I will be able to land another tenure track position - so it should work out okay.

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Originally Posted by nbk1976

@Imdeng: Are you a university faculty member? If so, try to get an adjunct professor position and this should suffice for AC21. You don't need to have an "indefinite" job, but you need to show a pattern or history of moving from job to job in the same job classification with little or no gaps. Many community colleges have adjunct requirements every semester. Of course, the pay will be much lower as an adjunct, but for the purposes of AC21, the main requirement is the job should be near identical, and you should be able to support yourself without need of government assistance.

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Any idea when the VB will be out? What's been the precedent.

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Originally Posted by iatiam

Any idea when the VB will be out? What's been the precedent.

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It's usually the 9th of every month..

This week sometime. Its usually later in the week than earlier - but its already 8th today - so shouldn't be too many days now.

Quote:

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Originally Posted by iatiam

Any idea when the VB will be out? What's been the precedent.

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Hi,

Can someone help me to understand the process of I140 Concurrent filing. I am expecting my labor in EB2 Category (PD: April 2014) to be approved in a couple of weeks. I do have an earlier PD (Dec 2008) from my EB3 filing.

Considering my date is current (EB3 PD), can you please let me know, if I can concurrently file my new I140 & I485 together, or first I have first file my new I140 and get it approved and port the EB3 PD, and then only I can file my I485?

Thanks in advance...

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Originally Posted by sanjeevsinha05

Hi,

Can someone help me to understand the process of I140 Concurrent filing. I am expecting my labor in EB2 Category (PD: April 2014) to be approved in a couple of weeks. I do have an earlier PD (Dec 2008) from my EB3 filing.

Considering my date is current (EB3 PD), can you please let me know, if I can concurrently file my new I140 & I485 together, or first I have first file my new I140 and get it approved and port the EB3 PD, and then only I can file my I485?

Thanks in advance...

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You can file concurrently and give a letter to USCIS to port your date from previously approved I-140. If I were you I will file it concurrently as the dates may retrogress anytime in the next couple of months.

Filing I-140 first then I-485 is considered safe approach by a few lawyers. But you may miss your opportunity to file I-485 when I-140 is approved.

All: I am on EAD and my PD is Sept 2009. Based on your predictions., I won't get Greened at least until end of 2015 which is long period to wait to switch jobs for me. Is it possible to indefinitely continue on EAD without taking Green card even when there is an opportunity to do as The job I take up may or may not qualify for AC21

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Originally Posted by vckomara

All: I am on EAD and my PD is Sept 2009. Based on your predictions., I won't get Greened at least until end of 2015 which is long period to wait to switch jobs for me. Is it possible to indefinitely continue on EAD without taking Green card even when there is an opportunity to do as The job I take up may or may not qualify for AC21

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No. You cannot. EAD is a interim relief with its validity rely purely on the pending I-485.

Can you ask the USCIS to put your I-485 application pending for ever? I don't think so.

You can not stay on EAD forever - whenever you become current, your case will be approved or denied - there is no third option. With the decision the role of EAD is over. However, are you sure that your job change will not meet AC21 requirements? They are pretty broad and I have not come across any case of 485 being rejected because of AC21 requirements not being met.

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Originally Posted by vckomara

All: I am on EAD and my PD is Sept 2009. Based on your predictions., I won't get Greened at least until end of 2015 which is long period to wait to switch jobs for me. Is it possible to indefinitely continue on EAD without taking Green card even when there is an opportunity to do as The job I take up may or may not qualify for AC21

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Quote:

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Originally Posted by vckomara

All: I am on EAD and my PD is Sept 2009. Based on your predictions., I won't get Greened at least until end of 2015 which is long period to wait to switch jobs for me. Is it possible to indefinitely continue on EAD without taking Green card even when there is an opportunity to do as The job I take up may or may not qualify for AC21

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You have 2 options -
1) try to see if you can word the new job description to be similar to the old job to qualify for AC21. As imdeng mentioned there's quite a wide latitude for what qualifies. Unless u are doing something drastic like nuclear scientist to programmer you should be able to get away with it. If you feel comfortable, list out the high level job descriptions on this forum and perhaps members could opine.

2) restart your GC process and port your old pd. You should get perm approval in 9-12 months and can concurrently file 140/485. I would only recommend this if you really want the other job and are willing to potentially wait another year to get approved.

OCt bulletin out: Eb2I same.

http://travel.state.gov/content/visa...ober-2014.html

Hi Spec, Q,Kanmani, Viz & others
I need your valuable advice from you guys on the following issue, Posting it here as it most active thread, Moderator's Please feel free to the appropriate thread

I need this information for my friend who had to abandon her GC due to some unavoidable circumstances,
Her GC will expire in 3/15 and last port of entry year is 2008, now her Indian company wants her to go to US for 2 weeks to care of some office work, they are asking her to surrender her GC so that they can apply for B1 visa. she is not willing to surrender her GC,
Is she eligible for re-entry permit and will it get approved ?
Her company is saying that the re-entry permit will be denied for sure and cost associated for re-entry permit is HIGH.
Is there a way she is reinstate her Green Card with out applying for B1 visa?

I really appreciate your help and thank you very much for your advise in advance.

Bulletin update so early in the morning? Interesting. All the gurus in the forum were predicting that EB2I is going to stay put and that's what happened. Dates are definitely going to retrogress next month as CO mentioned it specifically in the bulletin.

"INDIA Employment-based Second Preference: Increased demand will require the retrogression of this cut-off date, possibly in November, to hold number use within the fiscal year 2015 annual limit."

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Originally Posted by PD2008AUG25

OCt bulletin out: Eb2I same.

http://travel.state.gov/content/visa...ober-2014.html

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Now it is evident that the dates would retrogress. Any calculated guess from gurus when they would move forward again?

Awesome...
Need to hibernate back until Q4 2015 now :)

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Originally Posted by EB2IndSep09

Now it is evident that the dates would retrogress. Any calculated guess from gurus when they would move forward again?

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July or Aug 2015

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Originally Posted by NewHope

Hi Spec, Q,Kanmani, Viz & others
I need your valuable advice from you guys on the following issue, Posting it here as it most active thread, Moderator's Please feel free to the appropriate thread

I need this information for my friend who had to abandon her GC due to some unavoidable circumstances,
Her GC will expire in 3/15 and last port of entry year is 2008, now her Indian company wants her to go to US for 2 weeks to care of some office work, they are asking her to surrender her GC so that they can apply for B1 visa. she is not willing to surrender her GC,
Is she eligible for re-entry permit and will it get approved ?
Her company is saying that the re-entry permit will be denied for sure and cost associated for re-entry permit is HIGH.
Is there a way she is reinstate her Green Card with out applying for B1 visa?

I really appreciate your help and thank you very much for your advise in advance.

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A re-entry permit would not be applicable in this case as you need to apply for that BEFORE the trip. I'm not sure if there's any option other than giving up the GC and going on a B1. In any case, why is she holding on to the GC for 6 months when she hasn't been to the US in 6 years?

Also, there is no way to "reinstate" a GC without going through the whole process again as the basis for the green card is no longer valid.

Good chance that it will move in Dec 2014/Jan 2015

Quote:

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Originally Posted by NewHope

Hi Spec, Q,Kanmani, Viz & others
I need your valuable advice from you guys on the following issue, Posting it here as it most active thread, Moderator's Please feel free to the appropriate thread

I need this information for my friend who had to abandon her GC due to some unavoidable circumstances,
Her GC will expire in 3/15 and last port of entry year is 2008, now her Indian company wants her to go to US for 2 weeks to care of some office work, they are asking her to surrender her GC so that they can apply for B1 visa. she is not willing to surrender her GC,
Is she eligible for re-entry permit and will it get approved ?
Her company is saying that the re-entry permit will be denied for sure and cost associated for re-entry permit is HIGH.
Is there a way she is reinstate her Green Card with out applying for B1 visa?

I really appreciate your help and thank you very much for your advise in advance.

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Newhope,

She is not eligible for re-entry permit, as it must be obtained before leaving the US (just like AP). There is an option to reinstate the abandoned GC using Returning Resident Visa.

The USCIS link is here ... http://travel.state.gov/content/visa...residents.html

I don't think your friend will be qualified for that, because when you try to re-instate the GC, you must have ties to this country to continue as a PR.

In my opinion, giving life to the abandoned GC solely for the purpose of 2 weeks visit is impossible.