Printable View
Q, is there any news about qblogfan?
He has been completely out of sight since he became current.
We all are worried about what is he up to and what is going on with him.
He was talking about some issues with his employer for filing I-485 after he became current. That was the time, when he last heard from him. He is nowhere to be seen from that point.
Is there any way to contact him? :confused:
yeap you are right. i hope everything is fine at his end
Quote:
Originally Posted by Jonty Rhodes
Ya I hope QBlog is ready to file for I485 on 1st Dec. Congratulations and best of luck for all those becoming current tomorrow. Special wishes for one of our dearest Gurus Nishant2200. Nishant, I hope you get the GC soon and continue to participate actively in this forum. Your posts have been insightful,valuable and source of inspiration to many of the new folks here.
Cheers,
Deb
soggadu,Quote:
Originally Posted by soggadu
Answered.
No idea. Poor guy was so close to filing when his job came into trouble.
Quote:
Originally Posted by Jonty Rhodes
Thanks guys! Thanks for asking!
My boss and the CEO went to the meeting with my client. It looks like the project will continue for at least two or three months, but I am not sure whether this company can last for more than several months.
I have kept asking the CEO to file 485 for me, but he didn't give me a clear answer yet. He has delayed my PERM for two years last time. I am not sure how long he will delay this time. Tomorrow is Dec.1st, but the CEO didn't give me an answer yet! It's so much pain to work with these kind of managment people! They know I will leave soon after 485, so they are trying to postpone it as much as they can. Also I guess they are not sure whether this office can continue or not, maybe they don't want to waste the 4k-5k money on me. It's very evil, but I can't do much!
One side note about my thoughts on HR 3012: Because of the possible new HR3012 law, EB2 ROW are scared now. They will rush into the system in the coming 2 or 3 months. The EB2 ROW consumption may go up dramatically.Nobody wants to wait for 2 more years for nothing. The impact of this event is that Mr.CO may stop the VB movement when he sees the surge of EB2 ROW. He will move the VB again once HR 3012 becomes a law. It is just my wild guess. Gurus, please input some on this thought!
Quote:
Originally Posted by qesehmk
I have the same suspicion that there will no movement this VB. cant back it up with factsQuote:
Originally Posted by qblogfan
There are no facts or trends that we can point to in any thing that has happened this FY. However, I will point out this. Applications may not show up as "demand" immediately. Without that information, CO will just be going by gut feel and that's fine too. But if he is looking at Demand data, ROW applications won't show up immediately. That's why I think the Jan VB will see forward movement to the tune of 2 months or so.Quote:
Originally Posted by natvyas
Beyond that, there are 3 potential ways it'll go depending on the outcome of 3012.
If it passes - significant forward movement.
If it fails - Stall or more likely Retrogression
If decision pending - Stall.
Hi Qblogfan,
many times many have told you that you can file 485 without the help from your employer. Do you hear it? You DO NOT NEED YOUR EMPLOYER TO FILE 485. Find an attorney and you do it.
Quote:
Originally Posted by qblogfan
Here are my thoughts about the next VB. I just updated the header of the thread as well. Previously I had missed the 3.5K PWMB. As many people have pointed out EB1 usage is higher (Trackitt shows very high EB1C) however EB2 ROW is lower, I believe if EB1 gives 10K less EB2 ROW may give 5K more so this makes it 25K. Assuming a 10K loss maybe too drastic for now.Quote:
Originally Posted by natvyas
Next VB (Jan 2012) in all probability will be the final intake if HR-3012 does not go through.
Possibility 50% - 2 months of additional intake to move to 15th MAY to 01-JUN-2008 (This is purely if CO feels additional Intake is required, this scenario is possible if CO is projecting 30K SOFAD in that case he only has 2K buffer may need more).
Possibility 50% - Dates retrogress back, this would mean 16.5K Sofad now has to be adjusted in 8 bulletins; this may mean that the dates go back to somewhere Jun 2007 for the first batch.
The prediction for the next bulletin is purely based the fact that the Sofad for 2012 maybe around 25k. With the current intakes there is a 7K buffer so if CO wants more buffer then he will go for more intake, if he feels it’s sufficient it might be time to retrogress. In either case if the movement is guarded or dates retrogress we can logically expect the same cycle to occur every year Oct - Dec. however atleast for next month there will be another factor the HR 3012 factor based on likelihood of passage in the senate then I believe forward movement will not stop itself.
The 7K buffer is calculated as - 8.5K (Approved) + 3.5K (PWMB APR 15 - JUL 15) + 20K (@2500 PM Intake for 8 Months) - 25K (SOFAD) If HR 3012 becomes the law of the land then EB2 I/C date will reach 01-JAN-2010 by the end of FY 2012.
I dont think the HR3012 would have any affect on the Jan VB. The CO would not take that into consideration while deciding on the date because there a lot of "ifs and buts" involved as far as HR3012 is concerned. Every year there are numerous employment based bills introduced and in the last decade hardly anyone of those have turned into law.
Qblogfan, let your employer know that you will be bearing all expenses for I485 filing. Its completely legal for the employee to bear the I485 expenses, this way he just has to provide you a EVL. I my case the attorney advised my company not to give a EVL as he submitted a covering letter saying that the EVL at the time of I140 is still valid and proved by various means like recent paystubs, tax returns that I have been working with the same company ever since, I think that’s your case as well. This way I feel there should be no hurdle in your filing, I485 is your own application and belongs to you unlike labor & I140 which belong to the employer.Quote:
Originally Posted by qblogfan
In most cases the law will not come into effect immediately after president's signature!
The Legislative Process – How a Bill Becomes a Law
When the President signs it immediately becomes law. It is assigned an Act #. The effective date can be retro-active, immediate or future dated.Quote:
Originally Posted by veni001
That's a great advise Teddy. It makes sense in a case where you don't know if your company can survive or not. What if compay doesn't survive more than 2-3 months after 485 filing? Also do we know how long is it taking to get EAD after applying 485 these days?Quote:
Originally Posted by TeddyKoochu
FY-2011 AOS Data Published
AOS (485): EB1-5
Total EB-485 Receipts: 78,302
Total EB-485 Approved: 123,305
EB - AOS % = ~ 88.0 %
EB - CP % = ~ 12.0 %
I-140: EB1-3
Total i-140 Receipts: 81,678
Total i-140 Completions: 91,418
Total i-140 Approvals: 81,281
Total i-140 Denials =10,137 (11.08%)
EB4 (I-360):
Total i-360 Receipts: 18,767
Total i-360 Completions: 15,748
Total i-360 Approvals: 12,173
Total i-360 Denials: 3,575 (22.7%)
EB5(I-526):
Total i-526 Receipts: 3,805
Total i-526 Completions: 1,943
Total i-526 Approvals: 1,571
Total i-526 Denials: 372 (19.14%)
[QUOTE=veni001;14924]FY-2011 AOS Data Published
[B]Total EB-485 Approved: 123,305
[QUOTE]
What does this mean ? Were 16.7K visas wasted ?
No I believe the remaining were CP (Consular Processing) as mentioned.... Veni, pls correct me if I am wrong...
[QUOTE=vizcard;14927][QUOTE=veni001;14924]FY-2011 AOS Data Published
[B]Total EB-485 Approved: 123,305
Quote:
What does this mean ? Were 16.7K visas wasted ?
qbf:
All you need to do is find a good lawyer, and then follow his/her instructions to file 485. All you need from your employer is Employment Verification Letter - if your employer is not giving it, your lawyer would have a workaround to handle that situation and still file 485 - workaround may not be as good as using the Employment Verification Letter, but you don't have an option.
Many people told you on this forum to find a lawyer first and not to ask your employer.
Don't waste a single minute after this. It may take up to 2-3 weeks to finish the medicals unless you get quick appointments with USCIS approved civil surgeon and whoever is giving you required vaccinations.
Quote:
Originally Posted by qblogfan
[QUOTE=feedmyback;14930]No I believe the remaining were CP (Consular Processing) as mentioned.... Veni, pls correct me if I am wrong...
[QUOTE=vizcard;14927]That's correct.Quote:
Originally Posted by veni001
That is correct as Veni said.
A quick calculation of receipts shows ~80K receipts which are nothing but EB1+EB2ROW+visible portings (3K). Assuming EB1 EB2ROW backlog remained same from Oct 2010 to Oct 2011, the MAX net SOFAD comes to about
140 - (80K+EB4+EB5) = 140 -(80+ ~11 + ~3) = 46K.
This by itself was sufficient to clear the entire EB2IC backlog. But clearly that didn't happen in 2011. So we should've expected to see EB1+EB2ROW backlog in Oct 2011 to be much lower compared to Oct 2010 inventory and/OR visa wastage. There is hardly any wastage since 123K in total were allocated in 485 and probably 17K in CP. So where is this 46K?
Possibility is that the 270K allocated to FB category is 44K more than that categories limit. So again .... visas might have been allocated to FB from EB under the pretext that certain countries have less than 7% demand when seen across categories. Just a thought...
We will know better when DHS data by country is published end of December.
Quote:
Originally Posted by feedmybackNo I believe the remaining were CP (Consular Processing) as mentioned.... Veni, pls correct me if I am wrong...
Quote:
Originally Posted by vizcardQuote:
Originally Posted by veni001
Q - this would be scandalous if true. There is clearly enough demand within EB as a whole - so the question of any rollover to FB does not arise. SOFADs don't follow country quota - so there should not be any rollover from EB to FB despite the 7% rule. It would NOT be legal. OTOH - we all know that USCIS/DoS have never really been bound by rules that they did not wish to follow - so anything is possible.
Quote:
Originally Posted by qesehmk
I think 270K includes immediate relative petitions as well. But the number of I-485 receipts is small compared to the annual quota. I don't understand why the backlog is not getting cleared.
I agree, if not EB2 then atleast EB3 - why the heck should they rollover to FB? Simply not fair to us especially our EB3 brothers. Scandalous is the right word...Quote:
Originally Posted by imdeng
You can see in that report that 270 excludes immediate relatives as well as spouses.Quote:
Originally Posted by devi_pd