Well... we will all be soon downgrading to EB3I just as EB2C folks have been doing recently :-)
Quote:
Originally Posted by gcpursuit
Printable View
Well... we will all be soon downgrading to EB3I just as EB2C folks have been doing recently :-)
Quote:
Originally Posted by gcpursuit
I'm in the following scenario. My PD is July 09 and yet to file I-485. My wife is in the 6th year of H-1B and her company chose not to file PERM. Her 6th year expires on Nov 10,2015.
I have no idea if my date will be current in July 15 to give enough time for wife's EAD approval to continue her work. I believe August is too risky for us to expect EAD in November 2015.
My plan is, if I'm not current in July 2015, I plan to apply wife's EAD using my approved I-140 with the start date of Nov 11,2015. My question is, if I apply EAD with approved I-140 in July, what happens when I apply I-485 in,say, August or September this year? Will there be 2 EAD applications pending for my wife? Will they be interlinked? Does anyone have idea about how it's gonna pan out?
Thanks,
jimmys,Quote:
Originally Posted by jimmys
You echoed the same situation I am in including the dates(almost) !!! . My PD is June 29,2009 and yet to file 485 ( missed it in 2012). My wife's H1b is expiring Nov 5th, 2015 ! These are my thoughts: The first concern that we have is there will be small break in employment with H4 EAD which I dont think can be avoided. I just want to make sure you understood that.
Also, I think its ok to have two EADs pending. I don't think they will be interlinked and that they are completely independent. You status will be determined by which one you ultimately choose to use.
Gurus here can correct me if I am wrong.
As gcpursuit mentioned having 2 EAD's is not an issue but more important thing is the gap in employment that you may have to plan for. COS to H4 and H4 EAD can be applied at the same time but there is no guarentee that both will happen at the same time. I believe (though there is no clarity) that they will start working on the EAD only after COS to H4 is complete and not in parallel. If that is the case then you can expect to have few months of break in employment. Better to prepare for the worse.Quote:
Originally Posted by jimmys
Moderator: I apologize if this is the wrong forum. If so, please move to the appropriate thread (I did not see any thread of J1)
I need some help urgently. I am on H1B (EB3 - I140 approved, PD Sep 2009; Applied for EB2 Dec 2013 - hoping for a decision soon ) and my wife is on H4. She got her residency and needs to start working 1st July, 2015. Her program did not provide her H1B sponsorship and needs to apply for J1. We have started the process. However, I heard from multiple lawyers that she has got higher chance of rejection of J1 visa since I have applied for H1 B and we already have a daughter born here. Also, I heard that she should do consular processing (and not change of status) since change of status take a long time. Is there any way to find the rejection rates of J1 visa and what is the best way to reduce the chance of J1 rejection? Thanks
Great man. Let's be in touch in this forum.Quote:
Originally Posted by gcpursuit
Coming back to the point, the way I understood is, you can apply for EAD with future date. I believed it's same with H-4 too. That is, starting from Nov 11. My plan was to apply COS to H-4 and EAD almost together with future date. Say for example, if you're on L-1 visa and apply for H-1B your H-1B starts only from Oct 1. Like the same way, the H-4 starts only at a future date, say, Nov 11,2015. Can't the EAD be filed/approved starting from Nov 11,2015.?
Can't this be done? Should I wait for her to come back on H-4 first?
Having a break and moving to H-4 before filing EAD is vanilla case.
The Q2 PERM Disclosure Data has been released. http://www.foreignlaborcert.doleta.g...rmancedata.cfm
It has a lot, lot, more data in it than previous releases.
PS:- The PERM Figures on the forum have now been updated.
I don't consider this a serious attempt.
I did a "quick and dirty" analysis of the new PERM data for EB2:EB3 ratio, since it contains the information to do so. FWIW, this is what I came up with for Certified Cases in FY2015 Q1 & Q2 (but there might be a bit of a wide margin of error):
Country/Group -- EB2 --- EB3
CHINA ---------- 80% --- 20%
INDIA ---------- 84% --- 16%
MEXICO --------- 54% --- 46%
PHILIPPINES ---- 57% --- 43%
ROW ------------ 74% --- 26%
Overall -------- 80% --- 20%
Any errors would probably increase the EB2 %.
Make of it what you will and take it with a pinch of salt. I might revisit it another time.
Not a bad hunch Spec --- you must agree ;)Quote:
Originally Posted by Spectator
Thanks for the effort!
Wow! A split of 80-20 is a very good sign for EB3I. Once that river starts flowing, it is likely to be a torrent.
Also - the density in EB3I post 07/07 might be pretty low - so it might even be possible that EB3I will zoom past EB2I in a couple years - until the EB2I to EB3I downgrades bring them to parity.
Quote:
Originally Posted by Spectator
My observations are anecdotal. Are you referring to your H1-B or did your wife apply for H1-B as well?
I know of multiple spouses who were on H4 and then ported to J1. I have not heard of 1 case that got rejected because they or their spouse were on H1. So, any increased risk should be miniscule. Irrespective of whether you have a kid or not. Most of those who applied to J1 went through consular processing. So, I cannot comment on length of time for change of status.
Congrats to your wife on her residency. And all the best.
Quote:
Originally Posted by unknownindian1
I hinted my previous calculation was quite aggressive, so here is a repeat of that, plus a conservative calculation and the mean of the two calculations.
AGGRESSIVE
Country/Group -- EB2 --- EB3
CHINA ---------- 80% --- 20%
INDIA ---------- 84% --- 16%
MEXICO --------- 54% --- 46%
PHILIPPINES ---- 57% --- 43%
ROW ------------ 74% --- 26%
Overall -------- 80% --- 20%
CONSERVATIVE
Country/Group -- EB2 --- EB3
CHINA ---------- 78% --- 22%
INDIA ---------- 77% --- 23%
MEXICO --------- 45% --- 55%
PHILIPPINES ---- 50% --- 50%
ROW ------------ 69% --- 31%
Overall -------- 74% --- 26%
MEAN
Country/Group -- EB2 --- EB3
CHINA ---------- 79% --- 21%
INDIA ---------- 81% --- 19%
MEXICO --------- 49% --- 51%
PHILIPPINES ---- 53% --- 47%
ROW ------------ 71% --- 29%
Overall -------- 77% --- 23%
It might also be possible that, comparatively, more "EB2" PERM do not make it through the I-140 stage.
At some point, it is probably worth looking at the figures net of the large number of CTS certifications in March to see if they have skewed the Indian %.
EDIT:- CTS certifications had a ratio of 52:48 for EB2:EB3 on the conservative basis.
Excluding the CTS certifications would increase the conservative India ratio to 89:11 and the overall ratio to 82:18.
As before, I warn people that these figures should be taken with a large pinch of salt.
I believe it is quite possible to get a COS to J1. I have no idea of the rejection rate or the circumstance that might lead to a rejection.Quote:
Originally Posted by unknownindian1
As an important aside, I generally equate the words "residency" and "J1" with the the possibility of a 2 year HRR.
I hope you have enquired about this and understand if there any implications for your wife.
If the J1 comes with a 2 year HRR, your wife will be ineligible to return to H4, obtain an H1B, or immigrant status until she has either served the 2 year HRR, or obtained a waiver from it.
The 2 year HRR is also called 212(e) from the INA. Here is what it says:
I'm sure you have considered this, but I mention it anyway, given that your PD is likely to become current under EB2 within the next 18 months at most.Quote:
(e) No person admitted under section 101(a)(15)(J) or acquiring such status after admission
(i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence,
(ii) who at the time of admission or acquisition of status under section 101(a)(15)(J) was a national or resident of a country which the Director of the United States Information Agency pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or
(iii) who came to the United States or acquired such status in order to receive graduate medical education or training,
shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L)
until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States:
Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent), or of the Com missioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an interested United States government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section 214(l) :
And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.
Apologies in advance if I am way off base.
I am not sure how this future start date will pan out. What I read is that USCIS will only start working on the EAD application after COS is approved. Even if we do apply on May 26 without wasting any time, I was thinking that both COS and getting EAD may not be possible within 5 months.Quote:
Originally Posted by jimmys
I will wait to hear others thoughts on this.
Sorry If I should not post other web sites content here.
Quote:
From OH Law http://www.immigration-law.com/
---------------
04/20/2015: Movement of EB-2 India Cut-Off Date Predicted "Slow-Down" in August and/or September 2015
According to the AILA. State Department predicts that the late trend of movement of EB-2 cut-off date for India is likely to slow down as it enters the last quarter of FY 2015. It is likely that the cut-off date for India EB-2 may continuously move ahead a few months in June and July.
Quote:
From Ron http://www.immigration-information.c...penheim.17997/
-----------
This is from AILA's meeting with him on 4/16/2015:
EB-2 India. After advancing 16 months in March 2015, and eight months in April, EB-2 India will advance another 7+ months in May, to April 15, 2008. As cautioned last month, members should not expect that this category will continue to advance at this pace beyond July, and should expect it to slow or stop in August and/or September.
Ron
jimmys,Quote:
Originally Posted by gcpursuit
I checked with my attorney on the future start date. They dont think its possible to do that for H4 application.
Alright man, thanks.Quote:
Originally Posted by gcpursuit
After AILA's latest meeting, what would be latest that dates can go this year? Will it be Sep 2009???
Jimmys, as Gurus have estimated it will be difficult for even May 2009 PD Folks to get their GC this year.
However the key question is to what extent the Cut Off Date will advance ( Albeit temporarily) towards the end of 2015.
It would be great if it could go up to Sep 2009 . However the real answer will come on Jun 12th with the July 2015 bulletin. Lets say it goes up to Jun or Jul 2009 in that bulletin. From that point we will see minimal movement.
Just like you i am eagerly awaiting the next two bulletins which will determine this year.
Lets see if our superusers and predictors chime in to give their estimates about the COD advancement.
Quote:
Originally Posted by jimmys
Last year April inventory came in around May 13th. Looks like the June bulletin and April inventory come out around the same time. Back to hibernation.
Thanks titha1 and Spectator.
@titha1: It seems change of status takes a long time. We are going for consular processing. Keeping our finger crossed.
@Spectator: You bought a very good point. We are aware of the 2 year HRR. However, getting residency is so hard. We are just kicking the can down the road :(
In the last couple of months, I have been getting more involved in my immigration related topics (I should have been more involved before) and this forum have been extremely helpful (thanks to folks who have contributed excellent insights).
Just to give a brief background . .I have EB3 I140 Approved (PD 09/2009) and I have applied for EB2 PERM (12/2013). I did not realize it initially but when I looked at the PERM documents couple of days back, I found that the job description is almost the same (except for 2 additional sentence). The job title is different (Analyst vs Manager), the experience required is Bachelor + 2 for the first one and Bachelors + 5 / Masters +2 for the second one and of course the salary. I am not using any internal experience. Do you think it is will create problem while applying for EB2 I140 or at any later point in the process? I have heard from multiple sources that job description needs to be more than 50% different but my job description was so generic. Any insights will be greatly appreciated.
My understanding is that the 50%+ difference is only relevant where the person needs to use experience with the current employer to meet the petition requirements.
My understanding of your post is that you already had the required Education/Experience requirements for the position at the time you joined your employer. If so, I don't foresee a problem with that aspect.
I would bow to other answers from people with more experience of this type of situation.
Spectator: Thanks a lot for your prompt response. Won't UCSIS/govt agency ask why the job description is very similar but have different experience requirement. Also, my title has changed again slightly from Manager to Senior Manager. I am not sure if it is going to impact the process. I heard that it should not change since my responsibilities are almost same and it is just a small change in title.
I had MS+ 2 years experience before I joined the company. Since the job description requires either a Bachelor + 5 years or MS + 2, the lawyer mentioned that I do not need to use my current employers experience.
I agree with your lawyer.Quote:
Originally Posted by unknownindian1
I can't comment on your other question.
Hi all, I need some advise on what should I do to get an update on my pending 485. Any help is greatly appreciated. Below are my details:
COB: India
EB3 priority date: October 1st 2004 (labor substitution)
I-485 filed: August 2007 at Nebraska Service Center (was residing in CA)
EB2 I-140 filed: December 2014 at Nebraska Service Center
I-485 transferred to Texas Service Center January 2015 (maybe because I am in CO now)
Spouse I-485 Filed: January 2015 at Phoenix lockbox, and was sent to TSC
EB2 I-140 approved: February 3rd 2015 with old EB3 priority date of October 1st 2004; same day spouse I-485 was accepted at TSC; finger print notice received for spouse, finger print completed, received EAD and AP for spouse in March 2015
However since then there has been no update on my I-485 application. I opened 4 service requests since Feb 2015, 2 infopass appointments, contacted local congressman, but unable to get any update. I also emailed EBUPDATE.tsc@dhs.gov and TSC.NCSCfollowup@uscis.dhs.gov 3 weeks ago and no response. Please let me know what I should do to get an update.
Thanks,
cbames
cbames,
I think you have probably done what you can, but your expectations seem a little optimistic.
It seems to take an average of about 6-7 months from the approval of the EB2 I-140 to receive an I-485 approval for porting cases.
I had a quick look at early PD approvals on Trackitt and with a few exceptions, USCIS have been approving cases where the I-140 was approved in the July-October 2014 range. There are outliers at both ends of that range. There is 1 case of an I-485 approval from a March 2015 I-140 approval.
Your EB2 I-140 was approved about 84 days ago. Unless you get lucky, you should expect to wait a while longer yet.
In addition, the INA states that the order of consideration for an I-485 is based on the date the petition (I-140) was received by USCIS (INA 203(c)).
Subsection (b) refers to 203(b) - Preference Allocation for Employment-Based Immigrants. A petition refers to the I-140 for EB1-EB3.Quote:
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
(e) Order of Consideration. -
(1) Immigrant visas made available under subsection (a) or (b) shall be issued to eligible immigrants in the order in which a petition in behalf of each such immigrant is filed with the Attorney General (or in the case of special immigrants under section 101(a)(27)(D) , with the Secretary of State) as provided in section 204(a).
Although you have an early PD date, your qualifying EB2 petition was only received by USCIS in December 2014. That means many cases that are current will have a petition receipt date earlier than yours.
Hard as it may be, I think you need to temper your expectations at this time and be delighted if the approval comes earlier.
Thank you very much Spectator. I just checked and my EB2 I-140 was received by USCIS on 12/5/2014. How long do you think it might take for USCIS to look into my 485? Also is there anything I can do to make sure my 485 will be considered under EB2, and not EB3.
Thanks,
cbames
CO's website folks are getting a bit sloppy. The current bulletin being shown is April and next month is May!!
Hi Spectator, my congressman's office just got this response from the TSC regarding my I-485:
“The I-485 (LIN08xxxx/Axxxx) employment-based petition is based on the approved I-140 (LIN15xxxx) which was given a 2nd preference category from India with a priority date of 10/01/2004 so there is a current visa. The file is currently in transit to another liaison so it will be assigned to the Adjudication Unit for review once the file is received. The FBI fingerprints have expired but the name checks are valid. Once the review is completed, the individual should receive a Notice of Action regarding the case.”
Thanks,
cbames
http://travel.state.gov/content/visa...june-2015.html
Ind EB2 : 01OCT08
Shouldn't the April 2015 Inventory Report for Pending I-485 be out by now?
Oh Well... status quo continues. Only 5.5 months this time for EB2I. Next month will be the important one a we will enter 4th quarter.
EB3ROW continues to resist becoming current. Going from 01Jan2015 to 15Feb2015 makes no difference to anything at all.
EB2C made a big inventory building jump of 1 year.
All the missing demand in EB3P has come back with a vengeance.
Quote:
Originally Posted by surya1975
disappointing, I don't know the point to keep moving EB3ROW a month instead of make it current and start moving EB3IQuote:
Originally Posted by imdeng
EB3ROW is current since couple of months now and i don't see any data that can tell me there are any surprise.
The only thing i can think of is that they have already good inventory for EB3I until this PDs, anything else is just nonsense.
Should most likely be out this week.Quote:
Originally Posted by gten20
Spec, Q and gurus,Quote:
Originally Posted by imdeng
I was hoping it would move to Nov 2008 atleast, so that my pd of apr 17 2009 has chances of becoming current injuly bulletin atleast. At this point, I ama little disappointd. Can you throw some light on what are my chances of getting GC this year with apr 17 2009 are? I am a first time filer in Sep 2014 and RD is Sep 2 2014.
saagar,Quote:
Originally Posted by saagar_is_cool
I fear it will be quite difficult.
It doesn't look as if you will become current in July since that would require a 6 3/4 months forward movement and about 3k visas. If that is correct, August would be the earliest you might become current.
Your medical expires on September 2 and you don't mention an RFE for a new I-693. You may therefore have as little as a 1 month window for your case to be adjudicated in what is frankly lottery season.
Best of luck.
Thanks a lot for the reply Spec. I did not receive any RFE yet. So I just have to probably pray to the stars! I rushed to file on day 1 last year to get my RD earliest in hope of faster processing. In hindsight, I should have delayed filing till end of September or so :( It does not seem fair that the persons who filed first get the stick with this I-693 1 year validity rule. Fingers crossed :) Thanks again.Quote:
Originally Posted by Spectator
I think there are a few things at play here:Quote:
Originally Posted by migo79
1. CO doesn't want to repeat his FY2013 performance, where he moved EB3RoW too slowly and artificially reduced the approvable EB3RoW demand, thereby increasing the FA base for EB3I. From his statements to AILA recently, it can be inferred that he wants to maximize EB3RoW consumption before applying any FA to EB3I this year. So, a sizable EB3I movement, if any, might happen only in September.
2. CO is covering his butt. Even though EB3RoW is technically "Current", he has not turned EB3RoW "Current" on paper. In the event that there is no FA available to EB3I because of high EB3RoW consumption, he can always say, "I had told you so". CO clearly indicated to AILA recently that EB3I will get some FA only if EB3RoW turns "Current". Appearances matter. In my view, he's just following his own script to maintain his credibility and avoid any controversies.
Just my thoughts anyway. I welcome others' thoughts.
The Service Center Processing Times have been updated today.
As of March 31, 2015 the I-485 processing times for EB cases are :
NSC - November 16, 2014 (4.5 months)
TSC - August 15, 2014 (7.5 months)
Not that the dates necessarily ever bear any resemblance to reality!