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Quote:
Originally Posted by
imdeng
KD - I am not commenting on the numbers you are reporting - but my opinion is that USCIS handles applications of different types that total to several millions every year - a difference of even a few hundred thousands in EB2 I-485 applications is not going to make too much of a material difference to USCIS.
imdeng,
I would agree that when looked at in the totality of cases that USCIS process, it wouldn't appear to be a problem.
However, it strikes me that really only NSC and TSC deal with EB cases and they are the only ones with ISOs trained to adjudicate these cases, so perhaps kd does have a valid point.
If EB3 and EB2-IC have been pre-adjudicated to date, then that is, say 80k new EB cases a year normal receipt workload. That is borne out by the 78.3k Receipts in FY2011, which was 29% of the I-485 Receipts at NSC & TSC.
An extra 60k receipts would represent a considerable increase in workload. It would raise the EB% to 42% of total receipts and increase the overall yearly workload by 22%. Given those extra receipts are concentrated in the first half of the year, it is really a 40% increase for that period.
Approvals of EB cases represented about 40% of NSC/TSC workload in FY2011.
Adjusted for the fact that EB3 and EB2-IC were previously pre-adjudicated meant about 26% of all cases approved by NSC/TSC in FY2011 were processed from scratch.
The increase in all cases processed from scratch by NSC/TSC would be about 10%. Looked at for EB cases alone, it is an increase of nearly 40%.
Since we haven't heard any news of staff increases at NSC/TSC, the volume increases may have an effect.
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Quote:
Originally Posted by
Spectator
imdeng,
I would agree that when looked at in the totality of cases that USCIS process, it wouldn't appear to be a problem.
However, it strikes me that really only NSC and TSC deal with EB cases and they are the only ones with ISOs trained to adjudicate these cases, so perhaps kd does have a valid point.
If EB3 and EB2-IC have been pre-adjudicated to date, then that is, say 80k new EB cases a year normal receipt workload. That is borne out by the 78.3k Receipts in FY2011, which was 29% of the I-485 Receipts at NSC & TSC.
An extra 60k receipts would represent a considerable increase in workload. It would raise the EB% to 42% of total receipts and increase the overall yearly workload by 22%. Given those extra receipts are concentrated in the first half of the year, it is really a 40% increase for that period.
Approvals of EB cases represented about 40% of NSC/TSC workload in FY2011.
Adjusted for the fact that EB3 and EB2-IC were previously pre-adjudicated meant about 26% of all cases approved by NSC/TSC in FY2011 were processed from scratch.
The increase in all cases processed from scratch by NSC/TSC would be about 10%. Looked at for EB cases alone, it is an increase of nearly 40%.
Since we haven't heard any news of staff increases at NSC/TSC, the volume increases may have an effect.
Spec, thank you for your insight. My hunch is now turning in to a worry :)
In past we have discussed that AOS has two components to it - the movement of cut-off date to be able to file I-485 and the timely processing of the case to adjudication.
I think Mr. CO has done his part by moving the cut-off dates. Now the ball is in the USCIS court to timely process the cases to use up the annual quota.
From past experiences, we know USCIS more often than not falls short of everyone's expectations. I hope it is not the case this year.
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When will be mar bulletin coming out ? Traditionally and historically it releases on Friday and so u think we need to wait until Feb 10 ?
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Quote:
Originally Posted by
bee369
When will be mar bulletin coming out ? Traditionally and historically it releases on Friday and so u think we need to wait until Feb 10 ?
I hope sooner!! The F5 keys on all my keyboards will be broken - many times over - by then.
On a more serious note- I dont think it "ALWAYS" comes on a Friday. It could come sooner.
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typically Visa bulletin comes on 8th or 9th.
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Anytime between feb6th to feb10th...
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The march bulletin is critical for Dec 11 filers as well. In Feb end - March their 485s will hit the sweet spot and be ripe, especially for NSC.
Looking at inventory report, however flawed it might be, if this is what CO is being presented, another 6 months to in fact even a year move is not impossible.
After next inventory, we might be able to see more stable figures. However upto Dec filers should get GC, the line for GC issuance is tending to be extended from Dec 2007 to Q1 2008 in my mind. Key is that QSP should continue and hence the pressure on USCIS to consume the monthly n% of visas. For E2IC we are still in the zone of mostly pure 485 filers whose 140 is already approved.
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I sense a feeling from the gurus that the inventory report is not complete and that the numbers are bad compared to what the inventory report projects. Can you please explain the basis for this feeling. I feel the numbers aren't as bad as projected by gurus and should be close to the inventory report.
From my personal experience I can say there were not many PERM applications in second half of 2008 and first half of 2009. My labor application was sent only in later half of 2009 just because I was sliding into my 6th year of H1. I work for a fortune 100 company and there are very few applications for 2008 from my company and that to majority of them in first half. I also contemplated to get GC applied from a desi consulting company as a backup but no one was willing to apply in 2008 and 2009 citing ongoing audits, In fact desi companies were cancelling all the perms if the employee was not working for them or if they sense it is a candidate for audit, I think PERM data for 2008 is little skewed so we should increase the OR factor to .65.
I think there would be around 8500 485 apps for 2008 as some one suggested. This is my logic and I have an incentive in low numbers.
Also some of the guys working as consultants are stuck in India on visa stamping issues whose dates became current and are not able to apply. I already know two people in such situation and think it might be one of the contributor for low numbers but these people should be applying in a month or two if their dates are still current.
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Quote:
Originally Posted by
srisri
I sense a feeling from the gurus that the inventory report is not complete and that the numbers are bad compared to what the inventory report projects. Can you please explain the basis for this feeling. I feel the numbers aren't as bad as projected by gurus and should be close to the inventory report.
From my personal experience I can say there were not many PERM applications in second half of 2008 and first half of 2009. My labor application was sent only in later half of 2009 just because I was sliding into my 6th year of H1. I work for a fortune 100 company and there are very few applications for 2008 from my company and that to majority of them in first half. I also contemplated to get GC applied from a desi consulting company as a backup but no one was willing to apply in 2008 and 2009 citing ongoing audits, In fact desi companies were cancelling all the perms if the employee was not working for them or if they sense it is a candidate for audit, I think PERM data for 2008 is little skewed so we should increase the OR factor to .65.
I think there would be around 8500 485 apps for 2008 as some one suggested. This is my logic and I have an incentive in low numbers.
Also some of the guys working as consultants are stuck in India on visa stamping issues whose dates became current and are not able to apply. I already know two people in such situation and think it might be one of the contributor for low numbers but these people should be applying in a month or two if their dates are still current.
If you project only 8500 applications for PD 2008 then it's OR of ~.30 and very very aggressive IMO. But I agree that PD2008 data is going to be interesting.
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Quote:
Originally Posted by
suninphx
If you project only 8500 applications for PD 2008 then it's OR of ~.30 and very very aggressive IMO. But I agree that PD2008 data is going to be interesting.
True, let me restate my assumption, it can be between 8500 to .65 of OR.
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Demand Data
Will they at least release the demand data today?
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For all those who have become current in the last few months, I wonder if people have started receiving I-485 approvals. Is there a way to check which dates are currently being processed by the USICS like are they doing Mar 08 or Nov 08...
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Quote:
Originally Posted by
just_curious
Will they at least release the demand data today?
Hopefully.
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Quote:
Originally Posted by
aguy007
For all those who have become current in the last few months, I wonder if people have started receiving I-485 approvals. Is there a way to check which dates are currently being processed by the USICS like are they doing Mar 08 or Nov 08...
Please read earlier posts here and u ll also find approval trend (from trackitt) for lil bit detailed information,,,
they r still processing 07 cases...
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Quote:
Originally Posted by
aguy007
For all those who have become current in the last few months, I wonder if people have started receiving I-485 approvals. Is there a way to check which dates are currently being processed by the USICS like are they doing Mar 08 or Nov 08...
aguy007,
See post #4621. That will give you some idea.
Out of about 500 approvals on Trackitt for EB2-I this FY, only 26 are for dates beyond July 2007.
Around 70% of applications submitted since October 2011 for PD of July 14, 2007 or earlier are still pending. In addition there are still applications that were already pending with an earlier RD.
Less than 10% of those applications submitted since October 2011 with a PD between July 15, 2007 to October 31, 2007 have been approved to date.
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Service Center Operations Presentation
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Article from CM's blog. I just hope that realistic scenario plays out.
http://us-non-immigrants.blogspot.co...r-fy-2012.html
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Hello
Sorry for posting in the wrong thread. But i have an urgent situation so need help.
I have to send my I-485 documents this month. I have a valid H-1 and my spouse has a valid H-4 for another 2 years. Due to some family emergency, my spouse has to go to india by end of this week. We will be done with our medicals (I-693), etc. by then but might not be able to send the application.
So my situation is: We have all the documents ready and my wife leaves the country before we send out the application. i know one should wait for atleast I-485 receipt notice before leaving.
i wonder how will USCIS know whether my wife was in the country when i sent our application.
I will be here and take care of the whole application process, however my wife has to go.
Please advice. Should we take this risk?
Thanks a Lot.
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Quote:
Originally Posted by
GCI140
Hello
Sorry for posting in the wrong thread. But i have an urgent situation so need help.
I have to send my I-485 documents this month. I have a valid H-1 and my spouse has a valid H-4 for another 2 years. Due to some family emergency, my spouse has to go to india by end of this week. We will be done with our medicals (I-693), etc. by then but might not be able to send the application.
So my situation is: We have all the documents ready and my wife leaves the country before we send out the application. i know one should wait for atleast I-485 receipt notice before leaving.
I wonder how will USCIS know whether my wife was in the country when i sent our application.
I will be here and take care of the whole application process, however my wife has to go.
Please advice. Should we take this risk?
Thanks a Lot.
100% risk .
Both CBP (Customs and Border protection) & USCIS comes under Department of Homeland Security . Every individual's non-immi/immigrant file can be pulled out from any computer within the Department of Homeland Security. If we submit our I-94, our departure is registered from which both the agencies can verify the status.
For example an Immigration Officer from the International terminal can print your latest H1b approval from his computer while an I-485 adjudicator can print your latest I-94 submitted at the Airport any time.
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Waiting for receipt is not critical IMHO. As long as the day the lawyer sends it to USCIS the applicant was in US, that's what matters more.
So better ask your lawyer. Another thing is ... if going to India is so critical, then she can file after she comes back.
Just in case there is retro and she misses filing after she comes back, the impact is primarily ONLY on her ability to have EAD rather than on her time to obtain GC.
So if that can be sacrificed then probably she should leave withut filing 485.
Quote:
Originally Posted by
GCI140
Hello
Sorry for posting in the wrong thread. But i have an urgent situation so need help.
I have to send my I-485 documents this month. I have a valid H-1 and my spouse has a valid H-4 for another 2 years. Due to some family emergency, my spouse has to go to india by end of this week. We will be done with our medicals (I-693), etc. by then but might not be able to send the application.
So my situation is: We have all the documents ready and my wife leaves the country before we send out the application. i know one should wait for atleast I-485 receipt notice before leaving.
i wonder how will USCIS know whether my wife was in the country when i sent our application.
I will be here and take care of the whole application process, however my wife has to go.
Please advice. Should we take this risk?
Thanks a Lot.
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You can send your own 485 as soon as possible and if the dates do not retrogress in the Mar bulletin (and it is likely that they will not, at worst they will stagnate) then you have until the end of Mar to file spouse's 485. Do NOT take the risk of misrepresenting something. You have come so far - at this last stretch make sure to play everything completely by the book.
Quote:
Originally Posted by
GCI140
Hello
Sorry for posting in the wrong thread. But i have an urgent situation so need help.
I have to send my I-485 documents this month. I have a valid H-1 and my spouse has a valid H-4 for another 2 years. Due to some family emergency, my spouse has to go to india by end of this week. We will be done with our medicals (I-693), etc. by then but might not be able to send the application.
So my situation is: We have all the documents ready and my wife leaves the country before we send out the application. i know one should wait for atleast I-485 receipt notice before leaving.
i wonder how will USCIS know whether my wife was in the country when i sent our application.
I will be here and take care of the whole application process, however my wife has to go.
Please advice. Should we take this risk?
Thanks a Lot.
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curtains down for the DD and/or VB today. Hopefully tomorrow...
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Thanks Kanmani, imdeng & Q
I guess then i will go ahead and file mine and wait for my wife to come back and file her's.
Let's assume that dates will not retrogress and i will stay current for another 2-3 months (my PD is jan 2009), how much time do i have to file her 485?
I am sure i will have to file her's before mine is approved, correct?
SherJang
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Hi All
I have lost my job on Jan 15th and I will on Payroll of the company till Feb 15th. I have 2 question.
1.I am H1 B right now.Till when I will be eligible to look for job without moving to H4.
2.My husband 485 has been filed on feb 1st .So does it effect our GC if I dont move to H4 immediately?
3.DO I need to move to H4 immediately if I dont get the job?WHen is the grace period?
Thanks
Nija
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You are in status as long as if you carry I-485 receipt notice before Feb 15th .
You need to wait until get EAD to resume work.
No need to move H4 as long as you already applied I-485 and last payroll is Feb 15th.
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You should be fine regarding the status as you already filed 485. You will be considered AOS status. Some people advise to maintain both h-1/h-4 status to be on safe side but i think its just redundant.
Quote:
Originally Posted by
nijor.deha
Hi All
I have lost my job on Jan 15th and I will on Payroll of the company till Feb 15th. I have 2 question.
1.I am H1 B right now.Till when I will be eligible to look for job without moving to H4.
2.My husband 485 has been filed on feb 1st .So does it effect our GC if I dont move to H4 immediately?
3.DO I need to move to H4 immediately if I dont get the job?WHen is the grace period?
Thanks
Nija
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Quote:
Originally Posted by
nijor.deha
Hi All
I have lost my job on Jan 15th and I will on Payroll of the company till Feb 15th. I have 2 question.
1.I am H1 B right now.Till when I will be eligible to look for job without moving to H4.
2.My husband 485 has been filed on feb 1st .So does it effect our GC if I dont move to H4 immediately?
3.DO I need to move to H4 immediately if I dont get the job?WHen is the grace period?
Thanks
Nija
I'll try my best to answer.
1. You can look for a job at any point. There is no immigration issue as to when you can start or stop looking for jobs.
2. I don't think it affects it but I would discuss it with your lawyer. Maybe there is some notification that needs to be done. Better to check with your lawyer.
3. There is no official grace period. Technically you should have a H4 receipt before your H1 ends but it really depends on when your current company informs USCIS of your job status.
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#1 - You can always look for a job. That doesn't require any status. But to accept a job you need emp authorization. Unless your previous employer cancels your H1, you can transfer that h1. Or you can utilize your EAD assuming you also filed 485 w your husband.
#2 - If you filed 485 along with your husband then you already have a dual status H1 + AOS. Your H1 status is cancelled due to job loss. But AOS continued to be valid and doesnt impact your GC as a secondary applicant.
#3 - You don't need to move to H4 since you already have AOS pending status. God forbid if your husband loses job before 180 days AND husband's employer cancels the underlying 140 then the 485 will be cancelled and the day 485 is cancelled both of you will be out of status. Until this chain reaction actually takes place - both of you are in good status :)
Quote:
Originally Posted by
nijor.deha
Hi All
I have lost my job on Jan 15th and I will on Payroll of the company till Feb 15th. I have 2 question.
1.I am H1 B right now.Till when I will be eligible to look for job without moving to H4.
2.My husband 485 has been filed on feb 1st .So does it effect our GC if I dont move to H4 immediately?
3.DO I need to move to H4 immediately if I dont get the job?WHen is the grace period?
Thanks
Nija
Quote:
Originally Posted by
GCI140
Thanks Kanmani, imdeng & Q
I guess then i will go ahead and file mine and wait for my wife to come back and file her's.
Let's assume that dates will not retrogress and i will stay current for another 2-3 months (my PD is jan 2009), how much time do i have to file her 485?
I am sure i will have to file her's before mine is approved, correct?
SherJang
You have until the last day of the month when your dates are current.
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You have until the last day of the month when your dates are current.[/QUOTE]
Is that when the application needs to go out, or is that when the it needs to have been received? thanks.
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Thanks a lot guys.That was really helpful.I am attending some interview by this week.My employer said they will revoke the h1B after Feb 15.If i get job by this month,can I still transfer my H1B to new employer?Please confirm
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Thanks a lot everyone in advance.Q ,I would wait for ur advice and suggestion
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nijor - request your employer not to revoke the H1B just in case later on they need to rehire you.
You can only transfer H1 while it is NOT cancelled. So if they cancel then you will be at the mercy of EAD through your Husbands GC.
Quote:
Originally Posted by
nijor.deha
Thanks a lot guys.That was really helpful.I am attending some interview by this week.My employer said they will revoke the h1B after Feb 15.If i get job by this month,can I still transfer my H1B to new employer?Please confirm
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You can file for her after your approval too since you guys were already married when you filed for your 485.
Quote:
Originally Posted by
GCI140
Thanks Kanmani, imdeng & Q
I guess then i will go ahead and file mine and wait for my wife to come back and file her's.
Let's assume that dates will not retrogress and i will stay current for another 2-3 months (my PD is jan 2009), how much time do i have to file her 485?
I am sure i will have to file her's before mine is approved, correct?
SherJang
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Your application needs to reach USCIS by the last day of the month in which you are current. It does not matter when you send it - it is the receipt date that is important.
Quote:
Originally Posted by
randomax
Is that when the application needs to go out, or is that when the it needs to have been received? thanks.
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imdeng, from your signature i think your 485 is approved...congratulations..can i know your PD??
Quote:
Originally Posted by
imdeng
Your application needs to reach USCIS by the last day of the month in which you are current. It does not matter when you send it - it is the receipt date that is important.
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Sorry - must have been a mistype. In fact, I just put my 485 in mail today! My PD is Aug-2009. My signature is fixed now.
Quote:
Originally Posted by
krishnav
imdeng, from your signature i think your 485 is approved...congratulations..can i know your PD??
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Q,
180 day's from the receipt notice counted as calender days or working days?
Let say If I filled I-485 on Jan 1st, Am I eligible to change my employer after July 1st using AC-21?
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Calendar days.
Quote:
Originally Posted by
bhala5
Q,
180 day's from the receipt notice counted as calender days or working days?
Let say If I filled I-485 on Jan 1st, Am I eligible to change my employer after July 1st using AC-21?
