AFAIK a rejection of a petition for H1 does not invalidate her current H4 status since your H1 is in good standing.
Quote:
Originally Posted by srimurthy
Printable View
AFAIK a rejection of a petition for H1 does not invalidate her current H4 status since your H1 is in good standing.
Quote:
Originally Posted by srimurthy
Thank you Kanmani and Nishanth.
Quote:
Originally Posted by Kanmani
Quote:
Originally Posted by qesehmk
A little more context. My wife is on H1 right now that expires in early May. My H1 is valid till end-Nov. we applied in jan (im the primary) so we should get our EAD by April-end. We are planning on a holiday to SE Asia in the summer and the visa forms for those countries ask for "status in the US".Quote:
Originally Posted by imdeng
Imdeng points out that we should put "Worker" and it makes sense.
Until another petition (change in status) is approved your are good with H4. If her H1 is approved then she is not in H4 anymore. You may want to make sure that her H1 was not approved.
Quote:
Originally Posted by srimurthy
Hi Spec: Thanks for the great work being done by you. I was wondering if it is possible to get some realistic estimates for FY 2012:Quote:
Originally Posted by Spectator
1. Out of total visa quota of 85K for EB1+EB2+EB4+EB5, how much will be used up by EB1+EB2ROW+EB4+EB5 in FY2012, let us call this 'x'
2. The left over, i.e. 85K-x will be for EB2IC in FY2012
3. This left over, i.e. 85-x will cater upto what PD for EB2IC in FY2012
How did you get 85K? 140K is annual limit, remove 40K for EB3, you have 100K.
The questions you are asking are the eternal questions of this forum. We have very little underlying data to say anything about this. The best one can say (not including Spec, his insights know no bound; and Teddy, the all knowing one) based on trackitt/PERM data is that EB1 is up from last year and EB2ROW is down - so net net we may land in the same spot as last year as far as total SOFAD is concerned. However, since EB2C density is lower in post 07/07 world, EB2I may get a larger share of that SOFAD. Given all this, we might end FY2012 somewhere between 15-Mar-2008 to 01-Jan-2009 - which will make for a pretty good year overall.
Quote:
Originally Posted by vgraj1
imdeng,Quote:
Originally Posted by imdeng
I have updated my original post.
Is that what you were looking for?
PS There is a big difference as to when people actually file with USCIS and when they add their case to Trackitt - it is an important distinction.
That is exactly what I was looking for - Thanks Spec.
I would imagine that the % Approval metric will probably never quite reach close to 100% what with denials and applicants not updating their account post-approval. I guess once that metric reaches something like 65%-70%, we can consider that month to be effectively "cleared". What do you think?
Quote:
Originally Posted by Spectator
Thanks imdeng, GC.
I was more concerned with being in Status that the H1 part. If I get a chance to file for EAD, I would send an email to the company (h4 to h1 sponsor) to withdraw the app. I have been behind them now for more than 8 months and they have no professionalism.
Quote:
Originally Posted by GCKnowHow
Hi....this is what Ron eaxplained Regarding New 485 approvals and trackit cases....
"Trackitt is a great site and provides a lot of useful information. I have always doubted the accuracy of the processing times shown there, however. Lawyers share information and the processing time data that I have seen in my own office, as well as the information I receive from colleagues is never as optimistic as the Trackitt data. This could be because the sample size on Trackitt is small (relatively speaking) or because people are entering false information. I know that in the past, I have seen emails encouraging folks to enter falsely optimistic information in the results would influence the USCIS to move faster. Those could have been isolated instances, but I've learned never to underestimate the craziness that some applicants will resort to in order to move their cases along.
We file a large enough volume of cases to get a pretty good idea of processing times. My colleagues also file a significant number of cases. These are all well prepared, well documented I-485s that generally do not receive RFEs. The numbers that I posted reflect our experience in this office and the data that I get from other offices."
Spec, thank you. Out of curiosity, is there any estimate for the number of people who add their cases, but forget to update them when they get approved?Quote:
Originally Posted by Spectator
Thanks Mesan.Quote:
Originally Posted by mesan123
Interesting post, It's hard to believe that when people think- giving false information would make USCIS move faster .. ;)
Well, I agree with the "craziness" Ron mentioned; a very typical example is finger printing. You can see almost 50% of the applicants on trackitt asking if one can do FP before scheduled date... God knows why so many people can not make it on scheduled date.
mesan sis, do you know what numbers he has posted in contradiction to trackitt?Quote:
Originally Posted by mesan123
Rons latest blog on Cut off date movement
http://www.imminfo.com/News/Newslett...off-dates.html
don't think he said any thing we don't know already.
Two things I learned from this GC process. Doc who hates online / web ( One of doc I went to ask for Medical cost for Immi and it was small practice and spoke to him directly , of course Desi...) stuff must have bad review and mal practice information on web.
And lawyer who is all across internet may be don't have business to do and know less in actual INS text. Not advertising here but law firm which I worked with for my app is very small and no website , but lawyer made sure each and every detail about BC and other docs. He was so picky about BC that I had to spend much time on preparing docs. He told me that many cases get RFE on BC which he wanted to prevent. There are few lawyers who post information left and right and they know lot about what is going on web so may be they have nothing to do :)
That is what.....i just posted so that GURUS can enlighten me...i myself feel it is wrong( atleast i dont think people will fake there deatisl) but i myself started to know details about GC more for last one year....so i dont know much about previous years and top of it......i dont decode much from trackitt cases( as still i dont know exact parameters and i dont take that pain may be)....just wanted to know whether there were any issues of this kind in trackitt data before....
As such i dont beilive lawyers site much...but i do read them for information sake( menat murthy, ron &oh law firm)
Quote:
Originally Posted by Kanmani
I sorta agree with your second para. My lawyer informed me about all the vaccinations we need to take and asked to get the shots done when we started the GC process, even before filing the PERM. They asked for prior Indian employment info., BC copies etc. which are required for I-140 and 485, when they started the process. Of course it takes 4-5 years for us. But for ROW, it will help reduce their wait time if all these info/ docs are ready right away. From what I hear, not many lawyers do that.Quote:
Originally Posted by gc_usa
I have been a silent follower of this blog for the last couple of months and am really impressed with the overall level of insight, knowledge and caliber of the members (special shout out to Spec, Teddy, Q, Nishant, Kanmani , KD, imdeng and apologies for missing out others... don't want the list to run in pages). The information and the quick response time on the blog are amazing. Ironically, it is a dismal sign about the state of immigration affairs in US that an average person has to educate oneself so much to not trip the million hurdles on way to GC.
I wanted to discuss a few hypothesis/ questions which come to mind after the recent run-up in EB2 (I&C) category and the permanent lack of quality data from government agencies. I assume that CP (approx. 3 months processing time) would allow a number of EB2 (I&C) Jan filers (PD prior to 1/1/2009) to get GC in March/ April due to no retrogression in March (and maybe even April). I am sure that CO is well aware of this difference in USCIS and CP processing time.
a. If the dates do retrogress back to say July 2008 in the summer of 2012, how does DoS/ DHS justify issuance of GC to person with PD of Dec 2008 through CP but no GC for PD of July 2008 through AoS even though there was no delay in filing or lack of paperwork by the July 2008 AoS applicant? Does such an applicant (July 2008 AoS) have any legal recourse since such a person has been wrongfully denied GC while someone with later PD gets GC? To minimize such legal risk and create an alibi, can we expect RFE from USCIS for cases that are after the retrogressed date?
b. Does this mean that dates have to retrogress starting April (and not summer 2012 as widely expected right now) to avoid the situation in (a) above?
c. Alternatively, if the April bulletin does not retrogress, is it safe to assume that retrogression will be much closer to Jan 1, 2009 (cut-off date of Jan VB)?
Vikrant, thanks for the shout out and welcome to the forum.
My opinions are inline below.
Quote:
Originally Posted by Vikrant
I doubt that CO/USCIS/DoS are much concerned about the difference in processing time between AoS and CP. Applicants have the choice between the two, they are not forcing anyone to chose between one or the other - so I guess they don't have any liability here or any grounds to be sued.
I also don't believe that here is any coordination between CP folks and AoS folks - so the idea that RFEs will be issed by USCIS in reaction to anything being does by CP people does not seem credible.
Now, where retrogression will land depends on only one factor - how many visas does USCIS requests from DoS when they start running through Jan VB submissions. In another month or two, Jan VB cases will start becoming ripe and the moment there are enough of them to approach the annual quota, CO will clamp down with retrogression (my guess is for 15-Mar-2008). USCIS will hopefully continue to pre-adjudicate rest of the inventory and in Aug or Sept VB, CO will adjust the retrogressed PD to make sure that no visas are wasted.
Quote:
Originally Posted by Vikrant
Thanks a lot for the detailed analysis. You help us a lot...Quote:
Originally Posted by Spectator
I agree with KD.. i think retrogression will happen at late part of summer if it has too...atleast seeing at the DD
Quote:
Originally Posted by kd2008
General question - How frequently does the USCIS ask for visas from DOS. Is it real time or is it in batch (weekly, monthly, etc.) ... if it is real time, then folks who submit earlier will get GC earlier regardless of PD. If its a monthly batch then there is some semblance of sticking to the PD priority.
by the time retrogression happens, hopefully we cross mid 2008 in 485 approvals and demand destruciton is in our favour.Quote:
Originally Posted by mesan123
Hi Everyone,
Congrats to every one who all went current in the March Bulletin. I too went current my PD Feb 2010. I am a quite observer of this forum.
I have a situation with my job, need some advise from the gurus here. My project ends this month and I have to find another contract job soon.
I work for Company A who is filing my GC, so my I 485 application should be filed after Mar 1. Being in between projects will that affect filing my I 485 to uscis.
Should I notify my attorney that my project is ending this month. Should I be in a project when filing my I 485. What are my risks here. I will be working for my company A, it's just my project is ending and have to look for another one. Please advice.
i think it is the the real time...GURUs can correct me if i am wrong....i think it is like whose ever application is processed and approved they will get GC irrsepctive of prior PD date people waiting
Eg: i meant if dates are current till 5/1/2010, if an 2009 priority date person had his case approved he will get GC then people whose application are in processing( may be 2007 & 2008)
Quote:
Originally Posted by vizcard
Today afternoon i got a email saying "Card/Document production". I moved from IL to FL last weekend. I forwarded mails from IL to FL address via USPS. I called USCIS and updated the address with them today afternoon after seeing the approval. Also filed AR11 form.
Will the address be updated in their system by the time they mail the cards. I lost my EAD and AP cards in mail because of USPS guys.
Please let me know if i need to do anything else in order to get the cards to the new address.
As i kept mail forwarding i think USPS will filter the mail at the postoffice itself instead of keeping them in the old address.
Gurus any suggestions ?
I did move couple of times in past, I file change of address online in USPS. They charge a dollar but got all the mails forwarded to new address.
I have read in some forum stating that USCIS mails will not be forwarded. Is that true ?
That is true. But the good news is that it is a crime to tamper with or open USCIS mail by anybody other than to whom it is addressed to. So generally the contents should be safe and returned to USCIS.
Quote:
Originally Posted by arikepudi
Congrats on the approval!Quote:
Originally Posted by arikepudi
I think the card is mailed a day or two after you get the approval email. You will also get another email saying that your card has been mailed to you.
Since you updated your address with USCIS as soon as you got your first email, I think it will be mailed to your new address.
Good luck!
Quote:
Originally Posted by kd2008
I am inclined to believe that by law (or at least in spirit), GC is required be handed out in order of PD. Although in practical world, the strict enforcement of FIFO is difficult (timing differences of filing I-485, processing speed at service center/ of individual cases etc), I would assume that there shouldn’t be a material deviation from FIFO. Failure would lead to processing arbitrage as people who are most unlikely to get a GC in the current FY (eg: late 2009 or early 2010 PD) could opt for CP as it would give them a better shot at GC in current FY (even with the risks associated with CP vs AoS). Is there a way to switch between AoS and CP interchangeably multiple times after I-485 filing since that may prevent/ limit processing arbitrage? I know that you can switch processing (AoS to CP) prior to I-485 filing. Has anyone on the forum discussed legal recourse with an attorney if people with a later PD are approved GC than yours?Quote:
Originally Posted by imdeng
If retrogression is solely based on USCIS visa demand and DoS has no visibility into the USCIS, then CO would make the dates current rather than rely on a department he has no control over and lose visas. Even with a huge PD movement in remaining bulletins, only some of the new petitions would convert into actual visa demand based on USCIS processing times. So there is obviously more at play and I find it difficult to comprehend that there is no co-ordination between USCIS and Visa Office.
Has anyone modeled the number of projected GC filings (I-485 plus CP filings) based on the monthly bulletins? I am trying to figure out the potential cumulative GC filings until March 2012 leading to eventual I-485 inventory build-up and would appreciate if the gurus can provide tables/ data. This may help in fine tuning the models and assumptions once more concrete data (I-485 Inventory reports, Demand Data etc) is available and also provide clarity on next round of PD movement.
Funny enough but I do not really think that law requires that. It goes without saying that FIFO is a generally accepted norm. And I think USCIS and DOS follow that after all othre restrictive condictions are met such as EB vs FB or EB1 vs EB2 and Country A vs Country B.
But to my knowledge (which is imperfect I admit) there is no law for issuance of GC in the order of PD.
Here is a logical check for that - If there were such law then the delays in one case will affect all cases behind it. So even the simplest delays in RFEs for BCs will cascade.
My 2 cents....
Quote:
Originally Posted by Vikrant
Q, I cannot find the applicable law, but I do recall and found by searching, the statement which CO made last year when he announced the 12k numbers from EB1 to be spillover.
http://www.jackson-hertogs.com/news/2011/20110329.shtml
and
http://www.cilawgroup.com/news/2011/...ia-to-advance/
"AILA has reported that the EB-2 cut-off dates in the upcoming Visa Bulletin should progress ahead, perhaps substantially, because of a decrease in EB-1 filings since October 2010. Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State stated:
"[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those 'otherwise unused' numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all 'otherwise unused' numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates."
-----
Vikrant:
a. Either USCIS is not caring about above law or guideline by DOS
b. Agencies are confident of giving visas completely for the highmark they are setting. for eg: if March 2008 guy got it, they are confident that eventually in the FY, they will clear uptill march 2008
I agree with kd and imdeng analysis also
Quote:
Originally Posted by qesehmk
I think the emphasis there is on the spillover usage - in your highlighted sentence. Spillover usage strictly follows PD order (when it falls across).Quote:
Originally Posted by nishant2200
yes of course, we are already well past the 5.6k regular quota of EB2IC. so what we have now is definitely SO fall across or fall down.Quote:
Originally Posted by mysati
To answer your data modeling question:Quote:
Originally Posted by Vikrant
Estimated number of I485 may be arrived at (number of EB2/3IC perm applications for period you are looking for) multiplied by a factor (called OR ) ranging from 0.6 to 1. You can pick your OR. For number of PERM filing for a given period please refer to FACTS AND DATA section.
If you moved and have put an auto-forward with USPS then yes, any mail from USCIS (for that matter, any mail from Federal Govt) will not be forwarded - they will be returned back to USCIS. It is best to update your address with USCIS (they have a web form for that) and call them to confirm that they have the current address. They used to be pretty slow in updating their address record but I am told that they are pretty fast these days.
Quote:
Originally Posted by arikepudi
Gurus,
My priority date got current in the Feb-12 bulletin (PD: Nov 2009) and I have submitted my paperwork to my lawyers (hoping they submit my application in a week or so). Given the potential surge in the number of applicants, how long do you think it will take for USCIS/DOS to process the applications? When should we expect to get our EADs and Green Cards? From reading various posts on this board, I understand that they typically (but not always) follow FIFO.....also at the point when they pick up the application, visa numbers need to be available, etc....it is not very clear in my mind what to expect....
Could one of you shed some light on this? Know for a fact that there are several people like me who recently filed / are in the process of filing, but have on idea what the timeline may be.
Cheers,
Adi
CASE STATUS UPDATE:
PD : 12/18/2008
RD : 01/12/2012
FP : 02/09/2012
EAD/AP : 02/15/2012
Service center : Texas