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But one good note...as it didnt move for one year...the retrogress will not be very bad....as both 2008 and 2009 have less counts...and we also know huge data is there in later part of 2010 than in early part...so next time the dates move we all can apply...i hope they will start moving again in 1 or 1 1/2 year.....i know its is wait.....but guys think in a positive note( we are not waiting for 4 years like 2007 folks(sep 2007 to dec 2007). ).....
Quote:
Originally Posted by imdeng
That's a great point. That is the reason it's critical that people who are current file 485 since more than likely they are not going to be current for next 2-3 years unless their PD is in 2008 or HR 3012 becomes law.Quote:
Originally Posted by imdeng
Mesan,Quote:
Originally Posted by mesan123
Loved your optimism as well as balanced and logical approach.
I know many people who get frustrated and blame it on everything even though they filed as late as Dec 10 or 11.
Let wisdom prevail.. :)
looks movement slowed. Not stalled.
No comments in the bulletin so guessing game continues to next month.
Jan 12 Inventory was 30K for EB2 (ROW-12K, China-3.5K India-13K, Phillppines-1K Mexico-0.5k).
Most likely cases with PD After 2008 March 15th Data not captured into this report.
so Most likely March'2008 to April'2010 we expect another 20K minimum.
Points to Note for Analysis:
1> Due to increased PERM audits we see weakening ROW demand. This may be temporarily, Once A Person decided to go for GC he will find a way, bottlenecks may delay a bit, how ever this may be good for EB2 I&C with Approved PERM's
2>As per CO discussion with AILA by this time 40% of this year Quota is already consumed. so accordingly part of this year spillover is already consumed. with 50K EB2 inventory(includes 20K from March'2008 to April 2010). further movement may be difficult. Only reason they can move is to make immigrant community groups happy before election.
3> we may see EB3 to EB2 porting cases surge again with EB3 PD late 2006 to 2007, people get motivated to port once their counterpart EB2 becomes current. before that it is difficult to talk to HR about porting as they already has EAD.
4> Low filling/Demand/Inventory may be artificial due to various reasons like below
people filing slowly knowing their date is current next month also,
Inventory report account for the cases in process. after sending Receipt Notices may be some more pre stepts needed???? this is speculation what ever we have 2009 cases in the report
Dependent cases may be missing as pointed by other due to incorrect priority date
Thank you codesmith.....just wanted to be realestic :)....
Quote:
Originally Posted by codesmith
nice link...moderators can remove this ...just thought of sharing...not related to EB2 calculations...(found this in track it)
http://reason.com/assets/db/07cf533d...b5942ef5ad.jpg
Edited By Q - with apologies to Mesan. This is a great image to educate people who rail on immigrants. Showing it inline here from the same site mentioned above.
Attachment 219
beautiful. story of my life and many others like me!
Quote:
Originally Posted by mesan123
No apologies Q...you made it better....i didnt know how to paste....so shared the link...it looked like most of our lives :)( like nishanth mentions... ghar ghar ki kahani :) )
Quote:
Originally Posted by mesan123
Fantastic. You guys rock..Quote:
Originally Posted by URL
Quote:
Originally Posted by mesan123
Too good, but true.
On a serious note : did any one try to apply I-824 and convert to CP?
Thanks to everyone for your kind wishes and all the very best to all of you. Never thought that I will be current in 2012. This is a great forum and brought sanity to my daily life. Special thanks to guru for you calculations and time.
Quote:
Originally Posted by Kanmani
Congratulations to every one who will be current in March 2012. Get the documents ready and file as early as possible.Quote:
Originally Posted by TeddyKoochu
We should know by second week in March if EB2IC dates are going to hold to March cut-off date or retro.
Friends, please help me with this question.
I have already filed 485 for my wife who is the derivative on my application. Even though her LCA was amended, the H1 petition was not amended and she worked for 1.5 years back in 2008. I am not sure whether missing the H1 amendment may be considered as technical violation and does not hold against the employee. Just to avoid all the issues, can she travel to her home country and come back in H4 now.
Does it really help even if the last lawful admission is after the 485 filing or it should have been done before filing?
We are caught in a very unfortunate situation. if someone can help/guide us , we will be very grateful
my husband has a approved I-140 on EB2 with PD 01/07/2010. While we were joyously waiting to be current in the march bulletin, his dad passed away and he had
to leave for india to perform the last rites. because of this travel, he had to go for h1-b stamping and he was given a 221g pink form, no documents asked at the chennai
consulate last week (visa approved pending admin processing)
now he is stuck in india and our only hope is that his clearance will come before march 15th atleast so that we can try and file. are there any other options for us?
I have a valid h1-b, can my husband come back to the US on H4 and still file for AOS?
Also, if the clearance does not come by this month end, should we look into consular processing?
does anyone have ideas on current processing time for administrative processing at chennai,india. he has a non-muslim name and does not work in the TAL area, if any
of this matters. he is a regular IT guy working for a non-consulting company.
Any help is appreciated.
Thanks
Shaisri
Shaisri, so sorry to hear the bad phase you guys are going through. March bulletin is the beginning of good news for you guys. Your husband will receive his passport most likely in two weeks (saw several such cases on trackitt). IMO the dates will stay put even in April bulletin and I personally do not recommend changing to H4 and moving to consular processing will take at least 6 months . Please take your attorney's advice.
Quote:
Originally Posted by shaisri
IMhO it should reflect poorly on employer rather than employee who is the beneficiary. More than likely this shouldn't affect negatively.
Quote:
Originally Posted by Reader
Shaisri, very sorry for your loss. Your husband can file CP and you can file 485. However that is not the long term solution since he has a job to do. Generally this situation should resolve in 2 weeks. But if it doesn't then unfortunately H4 also will run into the same problem since technically he can enter on H4 and then adjust status to H1 here in US based on 797. So usually the consulates would not approve his H4 as well. Don/'t mean to scare you ... morethan likely you guys will be ok in 2-3 weeks and he can come back. Meanwhile get your medicals donea and keep the package ready. All the best!Quote:
Originally Posted by shaisri
Hi Gurus, my PD is Apr 2010 and getting ready with documents, don't have BC but got affidavits from both parents. Do I need to have non-availability from govt agency ? Is that mandatory ? If so from whom plz ?
I born in a small village and my parents moved from there. My parents r here in USA for visiting ?
Please advise what should I do get that non availability if required plz ?
You do need either a BC or a NABC. There are lots of details on what to do and how to do that in the Birth Certificate thread on this forum. Specifically, there are several sites that will get a BC/NABC for you from India for a fee.
Quote:
Originally Posted by bee369
Can you point me some posts plz ?Quote:
Originally Posted by bee369
Hi Shaisri,
Very sorry to hear your situation.
Me and my wife visited India last Feb. My H1b was approved while she got a 221G. Both of us work for a U.S company(different though). Based on my experience and the experience of other friends, 221G should NOT take more than 2-3 weeks. I know it is frustrating but keep your hopes alive.
Mean while ask you husband's attorney to reach out to USCIS. My wife did this and we got a response with in 4 days. I am not sure it helped but atleast it is worth a try.
Regards,
Umesh
See BC links in my signature.Quote:
Originally Posted by bee369
Please suggest if it is worth travelling to India and enter in H4 just in case if it helps later as there is no clear information on whether they consider the last admission before filing 485 or at the time of adjudication.Quote:
Originally Posted by Reader
AFAIK there is no agreement between lawyers as to when H1 amendment is necessary Vs only LCA would suffice. And depednds on case to case basis. I know for the fact many big Indian MNCs only file new LCA. But in my opinion you should consult with your attorney and take informed decision.Quote:
Originally Posted by Reader
http://www.trackitt.com/usa-immigrat.../i485-eb/26222
This one got approved just now.
User: byte64
Nationality: India
Country of Chargeability: India
Applicant Type: primary
Service Center: Dallas
Category: EB2
Priority Date: 08 Feb 2008
Application Filed: 01 Dec 2011
I-485 Status: approved
I-485 Approval/Denial Date: 09 Feb 2012
Quote:
Originally Posted by kd2008
Sweet.......!!!
Hi all- I am faced with a situations and posting here so I can get the experts opinions and also this may help others facing similar situation.
I am about to apply for aos- the whole package, adjustment of stautus, ead, and advance parole. I intend it travel a few days after applying. That is not problem. As I maintain valid h1b status, there is no issue in traveling. However, here is the catch. My lawyer said, that in order to travel after applying for aos but before receiving approval for advance parole, I should not apply for advance parole. If I leave before receiving approval on advance parole then application will be denied. I can leave the country, but if I want to do so before I receive advance parole approval (which generally takes a few months), then I should not apply for advance parole and instead just travel on h1b.
Any thoughts.? I really want to apply for advance parole as that would not bind my to current employer for travel incase something unfortunate were to happen with job. Ead is no problem.
So what I gather is, if you are invalid h1 b status, then yes you can leave the country with or without applying for advance parole. But if you are in h1b and want to leave the country and want to apply for advance parole. Then you can only leave after advance parole has been approved. I out of want to leave before the time it takes to get approval, then you should not apply for advance parole at all.
Help will be greatly appreciated.
Thanks,
Quite a few dec approvals from Texas nowQuote:
Originally Posted by suninphx
http://www.trackitt.com/member/mjkcy
http://www.trackitt.com/member/srinipk
I think your lawyer is being super conservative. I don't think your travel on H1B has any effect on your EAD/AP application. I have not heard of anyone's 485 being denied because if traveling after filing for AoS. Just my opinion.
Quote:
Originally Posted by funnysummer2005
Excellent. Several approvals with 2008 PD now. Good to see TSC speeding up a bit.
Quote:
Originally Posted by kd2008
Some statistics for Primary EB2-I cases added to Trackitt from October 2011 onwards to date.
-- VB -------
Pre October -- 28 cases -- 7 approved
October VB -- 121 cases - 44 approved
November VB - 350 cases - 40 approved
December VB - 386 cases -- 5 approved
January VB -- 383 cases -- 0 approved
February VB -- 98 cases -- 0 approved
Total ----- 1,366 cases - 96 approved
Cases by Service Center
Nebraska --- 475
Texas ------ 854
California -- 17
Vermont ----- 20
Total ---- 1,366
Approvals by Service Center
Nebraska ---- 48
Texas ------- 48
California --- 0
Vermont ------ 0
Total ------- 96
Approvals Post July 2007
Aug-07 -- 10
Sep-07 -- 12
Oct-07 -- 13
Nov-07 --- 0
Dec-07 --- 1
Jan-08 --- 3
Feb-08 --- 1
Total --- 40
of which 33 are from Nebraska and 7 are from Texas
When I checked on Trackitt it shows 126 caes for Feb VB. (against 98 you have mentioned here). So there are many duplicates I assume?Quote:
Originally Posted by Spectator
"If I leave before receiving approval on advance parole then application will be denied."
What application? According to my lawyer, only "advanced parole application" will be denied.
Quote:
Originally Posted by imdeng
may be imdeng misunderstood.
While what the lawyer is saying may be a true practice by USCIS; I don't see the logical basis of cancelling AP application. All that candidate says while applying for AP is that the candidate wishes to travel and come back to US on AOS status without the need of a visa. So if the candidate goes outside of US then he/she is taking the risk on finding another avenue of returning to the US. I just don't understand any need for USCIS to cancel the AP application.
Quote:
Originally Posted by usernameisnotvalid
Once you apply for AOS (485) if you leave the country and enter without an AP you are abandoning your AOS according to the law. So the question whether you need to apply for AP or not is moot because you certainly need to apply for AP and use that to enter back into the country. If you apply for 485 and enter on H1B you will have abandoned your AOS. You can always come back on AP and if you continue working for the same company you can use your H1B, but you need AP to enter back into the country.Quote:
Originally Posted by funnysummer2005
Thanks a lot for the analysis.Quote:
Originally Posted by Spectator
If some1 has a EAD/AP combo card in hand and yet wants to maintain the H1 status, should he/she get the H1 visa stamped and use it at the Port of Entry?Quote:
Originally Posted by qesehmk
I heard they are handing out a lot of 221G forms in consulates abroad.. what if some1 with EAD/AP goes for H stamping and gets the 221G.. Can they abandon the H visa (not a wise idea, but lets assume he/she is pressed for time) application and use AP to enter the US?
Shaisri extremely sorry for your loss. Q is absolutely right in his assessment that H4 will face similar problems.I do not mean to scare you at this time , just wanted to pass on this information. Stating from 2011 H4's are also getting pink/blue slips at the consulates since many Spouses after getting rejected for H1 stamping are trying the H4 route.Quote:
Originally Posted by qesehmk
Please see this example thread below on H4 getting administrative processing at chennai in Jan 2012
http://www.trackitt.com/usa-discussi...nnai-consulate
http://forum.murthy.com/index.php?/t.../page__st__100
Once upon a time H4 stamping was a breeze...it no longer is. Please opt for Consular processing and if he has the facility to work from India and employer is willing to support him from there ..would be probably an better option.
H4 can still be a hailmary and if it works he can come back and do change of status back to H1 and also take care of his GC processing. However consulates are specifically clamping down on H4's who held H1's previously or whose H1 has run into stamping issues.
I am planning to do that.
I have H1b extended till 2013 Jan. But I don't have a valid visa in my passport.
According to my attorney, I should take the EAD/AP to india and don't need the valid h1b stamped on my passport and so I don't need to go for visa stamping. I can return using the AP and once I am back, I can still work and maintain my h1b status as long as I don't activate my EAD. This is call "Dual intent" it seems. I loved this idea and if everything goes well, planning to travel to India after 5 long years for 3 weeks.
Please correct me if I am wrong. Its help both of us..
Quote:
Originally Posted by ChampU
Wait a minute, you can do that??Quote:
Originally Posted by kolugc
Based on my understanding,
when your H1B visa is stamped on your passport, the IO stamps your I-94 as "H1" and the validity of I-94 is same as the validity of your I-797/stamped visa.
when you enter the US on AP, the I-94 is stamped as a "Parolee".. The validity is the same as the validity of your EAD/AP card and you lose your H1B status.
Could some1 please advise?
Plainspeak- I believe you are wrong here. The Advance Parole form clearly says that, if you have a valid H1-B, then you don't even need to apply for Advance Parole at all and you can travel on that without abandoning your AOS application.
The question i have brought up is, can you apply for Advance Parole, then leave the country on valid H1-B before getting advance parole approval. what happens to your application then?
Quote:
Originally Posted by PlainSpeak