EB2-3 Predictions (Rather Calculations) 2015-2020

bluelabel: Someone had original application (I485) with company A, then went places (B or C) and rejoined company A. In my opinion, as far as USCIS is concerned for I485 there is nothing you need to do. USCIS sent the pre-adjudicated I485 application to storage (archiving) and whenever you renew EAD+AP, they just verify that the application is pending. They don't care about anything else and don't have to know where you are now. When the PD is current (or going to be current), then USCIS is going to ask for medicals + I485J.

If you had already filed AC21 with companies B or C, then you might have to do it again.

Always please consult with your attorney.

There is a legitimate concern by OP since company A field for I140and then withdrew it.
That could be argued that they hired back in a position created later . Curious what lawyers will say about it:

Quote:

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Originally Posted by aquatican

There is a legitimate concern by OP since company A field for I140and then withdrew it.
That could be argued that they hired back in a position created later . Curious what lawyers will say about it:

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A basic search leads to Fragomen's analysis:
https://www.fragomen.com/insights/al...e-takes-effect

Portability and Priority Date Retention for I-140 Beneficiaries

The new regulation eases the impact of I-140 petition revocations and codifies certain longstanding agency policies on I-140 job portability.

A foreign national whose I-140 petition has been approved for 180 days or more will not have the petition automatically revoked if the employer goes out of business or withdraws the petition on or after January 17, 2017. However, the foreign national will need a new job offer or a new I-140 petition to obtain employment-based permanent residence.

An I-140 beneficiary whose petition is revoked will be able to use the priority date for a subsequent I-140 petition, unless the reason for revocation was fraud, material misrepresentation, invalidation or revocation of the underlying labor certification or material error in the approval of the petition.

Consistent with prior policy, the beneficiary of a pending I-140 will be able to port to new employment after his or her adjustment of status application has been pending for 180 days or more, as long as the pending I-140 petition was approvable when filed and remained approvable for 180 days after the filing of the adjustment application.

Quote:

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Originally Posted by idliman

A basic search leads to Fragomen's analysis:
https://www.fragomen.com/insights/al...e-takes-effect

Portability and Priority Date Retention for I-140 Beneficiaries

The new regulation eases the impact of I-140 petition revocations and codifies certain longstanding agency policies on I-140 job portability.

A foreign national whose I-140 petition has been approved for 180 days or more will not have the petition automatically revoked if the employer goes out of business or withdraws the petition on or after January 17, 2017. However, the foreign national will need a new job offer or a new I-140 petition to obtain employment-based permanent residence.

An I-140 beneficiary whose petition is revoked will be able to use the priority date for a subsequent I-140 petition, unless the reason for revocation was fraud, material misrepresentation, invalidation or revocation of the underlying labor certification or material error in the approval of the petition.

Consistent with prior policy, the beneficiary of a pending I-140 will be able to port to new employment after his or her adjustment of status application has been pending for 180 days or more, as long as the pending I-140 petition was approvable when filed and remained approvable for 180 days after the filing of the adjustment application.

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The person's I-140 is revoked by company A in 2014(prior to Jan 17 2017) because the person quit. Now they re-hired him after 5 years on EAD, will he be eligible for AC21? The confusion is it's the same company that sponsored his original I-140 so why AC21 will come into picture here. One lawyer advised to re apply I-140 again with the same labor approved 9.5 years ago.

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Originally Posted by jimmys

That's if you assume the pending inventory for July 2018 was accurate. And, you didn't factor CP cases.

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Consulate Processing for Indian EB2 for the last 3 years are 72,75 and 82. 10 times increase in CP for 2008? I doubt.
And July 18th data numbers is consistent with the numbers from the year 2014.

No one wants to work at USCIS. Holding the pending inventory for a year now and holding the visa that should have been issued by mandatory statute
Crazy corrupt USCIS workers their karma would be paid eternally after death AMEN!!

My PD is September, 2011 EB2 India

Per USCIS in 2018, it would take 5 years to reach January 2011 for EB2 India which should be around October, 2023.

Mr. Oppenheim explained that there are 14,400 “pre-adjudicated” Indian I-485 applications in the EB-2 category that have not yet used an EB-2 number. Because there are approximately 2,800 visas available per year in this category, Mr. Oppenheim estimates that it will take approximately 5 years to process the known Indian demand for applicants with EB-2 Priority Dates earlier than January 2011.

How many pending applicants from January, 2011 to August, 2011? How much time will it take to clear from January, 2011 to August, 2011 without spillovers?

Should PD September, 2011 India stay in EB2 or downgrade to EB3?

Can any gurus share their thoughts.

Not trying to discourage you but... to clear 2009 - it’s going to take 2023 based on July 2018 pending inventory.

There are 1400 and 1400 in May and June 2009 waiting... As of today we have not cleared April 2009 yet.

So May and June 2009 will clear in 2020 and July, August, September 2009 will clear in 2021.

October, November, December 2009 will clear by 2022 or 2023.

Then we have 2010 ... we have around 4700 Pending... so it takes 2025 to clear April2010

The above is applicable if you stay in EB2 but you wait and see how EB3 is moving ahead and if it crosses September 2011- try to downgrade to EB3.

The problem is we don’t have latest PI and everything is uncertain

The other issue is people already on EAD filed in 2012 might not want to downport and go through the interview

Good luck

Quote:

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Originally Posted by waitlist

My PD is September, 2011 EB2 India

Per USCIS in 2018, it would take 5 years to reach January 2011 for EB2 India which should be around October, 2023.

Mr. Oppenheim explained that there are 14,400 “pre-adjudicated” Indian I-485 applications in the EB-2 category that have not yet used an EB-2 number. Because there are approximately 2,800 visas available per year in this category, Mr. Oppenheim estimates that it will take approximately 5 years to process the known Indian demand for applicants with EB-2 Priority Dates earlier than January 2011.

How many pending applicants from January, 2011 to August, 2011? How much time will it take to clear from January, 2011 to August, 2011 without spillovers?

Should PD September, 2011 India stay in EB2 or downgrade to EB3?

Can any gurus share their thoughts.

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Given the current movement, it seems it could be anywhere between 2025 and 2030. BTW, my PD is also in 2011.

Well, in another 11 years, I can have my son sponsor me :) The only other way we can get it sooner is if a bill passes in Congress that relieves us from this slavery

Quote:

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Originally Posted by waitlist

My PD is September, 2011 EB2 India

Per USCIS in 2018, it would take 5 years to reach January 2011 for EB2 India which should be around October, 2023.

Mr. Oppenheim explained that there are 14,400 “pre-adjudicated” Indian I-485 applications in the EB-2 category that have not yet used an EB-2 number. Because there are approximately 2,800 visas available per year in this category, Mr. Oppenheim estimates that it will take approximately 5 years to process the known Indian demand for applicants with EB-2 Priority Dates earlier than January 2011.

How many pending applicants from January, 2011 to August, 2011? How much time will it take to clear from January, 2011 to August, 2011 without spillovers?

Should PD September, 2011 India stay in EB2 or downgrade to EB3?

Can any gurus share their thoughts.

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The statement in the article is not consistent with clearing pending applications with a PD prior to January 2011 in 5 years @ 2,803 approvals per year.

No applications are pending beyond April 2010 and the 14,400 figure is fairly consistent with known pending applications to that date.

PERM certifications started to rise sharply for India after this time.

There were 5,583 Indian PERM certifications with a PD of Jan-Apr 2010. These have translated to 4,677 pending EB2-I I-485 applications in the July 2018 USCIS Inventory (a factor of 83.77%).

If we use the known EB2-I pending applications for May 2009 - April 2010 from the July 2018 Inventory (13,567) and then use the above factor on PERM certifications after that date, there would be 45,778 I-485 pending for EB2-I before September 2011.

At 2,803 approvals / year, this would imply around a 16 year wait. At 6,000 approvals / year this would reduce to around 7.5 years.

I don't do predictions, so the above is just an example so that you can play around with the figures and assumptions should you wish to.

The PERM certification data can be found here.

Quote:

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Originally Posted by Spectator

The statement in the article is not consistent with clearing pending applications with a PD prior to January 2011 in 5 years @ 2,803 approvals per year.

No applications are pending beyond April 2010 and the 14,400 figure is fairly consistent with known pending applications to that date.

PERM certifications started to rise sharply for India after this time.

There were 5,583 Indian PERM certifications with a PD of Jan-Apr 2010. These have translated to 4,677 pending EB2-I I-485 applications in the July 2018 USCIS Inventory (a factor of 83.77%).

If we use the known EB2-I pending applications for May 2009 - April 2010 from the July 2018 Inventory (13,567) and then use the above factor on PERM certifications after that date, there would be 45,778 I-485 pending for EB2-I before September 2011.

At 2,803 approvals / year, this would imply around a 16 year wait. At 6,000 approvals / year this would reduce to around 7.5 years.

I don't do predictions, so the above is just an example so that you can play around with the figures and assumptions should you wish to.

The PERM certification data can be found here.

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WOW!!!!

So I checked the PERM certifications for 2009 and there are none as per the link you mentioned. Does my analysis hold true that without spillover- I am looking at June 2021 to get my August 2009 date current with 2800 GC for EB2 ? There are 1400 for May and 1400 for 2009 June, 2009 July-900, August 800 PI

Thanks

Quote:

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Originally Posted by canada

WOW!!!!

So I checked the PERM certifications for 2009 and there are none as per the link you mentioned. Does my analysis hold true that without spillover- I am looking at June 2021 to get my August 2009 date current with 2800 GC for EB2 ? There are 1400 for May and 1400 for 2009 June, 2009 July-900, August 800 PI

Thanks

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The certifications are in this thread (Post #3 for 2009), but you already have the Inventory for 2009.

Quote:

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Originally Posted by canada

WOW!!!!

So I checked the PERM certifications for 2009 and there are none as per the link you mentioned. Does my analysis hold true that without spillover- I am looking at June 2021 to get my August 2009 date current with 2800 GC for EB2 ? There are 1400 for May and 1400 for 2009 June, 2009 July-900, August 800 PI

Thanks

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@Canada and @WaitList

Check the below posts to derive the estimated waiting period:

#4905
http://www.qesehmk.org/forums/showth...ll=1#post61996

#4912
http://www.qesehmk.org/forums/showth...ll=1#post62005

also #4911

Quote:

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Originally Posted by NJMavarick

@Canada and @WaitList

Check the below posts to derive the estimated waiting period:

#4905
http://www.qesehmk.org/forums/showth...ll=1#post61996

#4912
http://www.qesehmk.org/forums/showth...ll=1#post62005

also #4911

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I read the link from gc1999 and he mentioned

"People who have already in EB2 with 485 EAD and employer not ready for downgrade , stay put. Next 1 year its possible to clear Aug/Sep 2009. Beyond that its doubtful
Other wise explore options, try to get a EB3 PERM and then use a complete I140 and get GC faster. "

Now I have an approved I-140 from a teaching hospital in medical field and cannot downgrade to EB3 but does not have EAD

Does anyone know if USCIS Field Office will schedule an interview for EB based 485 application while the priority date is NOT current? Or does the Filed Office schedule and conduct the interview based on 485 filing and approve the application when the priority date becomes current?

My I-485 EB interview was scheduled when my PD was not current(There were many people whose interviews were scheduled when they weren't current as well for EB).

I am a novice in the US immigration terminology. So the PERM numbers only matter from April 2010 and since I am August 28,2009 EB2- India, I would base my calculations only on PI of July 2018. If the PI numbers are true and no spillover and NO downporting from EB2 to EB3, I could be expecting to be current in 1.5-2 years. Today I learnt something new about these PERM numbers and the situation is really terrible for someone after April 2010. Thanks for explaining Spectator

Quote:

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Originally Posted by canada

I am a novice in the US immigration terminology. So the PERM numbers only matter from April 2010 and since I am August 28,2009 EB2- India, I would base my calculations only on PI of July 2018. If the PI numbers are true and no spillover and now downporting from EB2 to EB3, I could be expecting to be current in 1.5-2 years. Today I learnt something new about these PERM numbers and the situation is really terrible for someone after April 2010. Thanks for explaining Spectator

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canada,

You're on the right track. What you will find frustrating, is the assumptions you have to make without good evidence to make them.

I think everyone is very frustrated that USCIS have reverted to their old ways and don't want to release any information publicly.

With the change in the way I-485 are processed at Field Offices (FO, rather than Service Centers (SC), the Inventory data had become less useful, but not useless.

Below summarizes the data on I-485 pending inventory from one of the reports that is still published.


--------- USCIS PENDING I-485 INVENTORY ---------
FY -- QTR ------ FO --------- SC ---------- Total
2016 - Q1 ----- 3,814 ----- 121,347 ----- 125,161
2016 - Q2 ----- 3,196 ----- 121,391 ----- 124,587
2016 - Q3 ----- 4,056 ----- 116,772 ----- 120,828
2016 - Q4 ----- 4,440 ----- 124,984 ----- 129,424
2017 - Q1 ----------- UNKNOWN ----------- 138,219
2017 - Q2 ----- 4,228 ----- 134,119 ----- 138,347
2017 - Q3 ----- 4,275 ----- 144,272 ----- 148,547
2017 - Q4 ----- 9,614 ----- 139,768 ----- 149,382
2018 - Q1 ---- 27,843 ----- 114,734 ----- 142,577
2018 - Q2 ---- 47,591 ----- 115,084 ----- 162,675
2018 - Q3 ---- 72,311 ------ 76,868 ----- 149,179
2018 - Q4 ---- 89,247 ------ 71,776 ----- 161,023
2019 - Q1 ---- 90,895 ------ 63,721 ----- 154,616
2019 - Q2 ---- 97,916 ------ 50,474 ----- 148,390

The report always shows zero for NBC.

Perhaps it's also worth noting that the recent reductions are probably illusory.

EB1 was Current for all Countries until April 2018. By the end of FY2019 - Q2, the latest pending I-485 for EB1-IC would be March 2018 and the latest pending I-485 for EB1-ROW would be July 2018.

Since those dates, EB1 approvals would reduce the pending figure but there have been no new additions for EB1 to the pending inventory.

Quote:

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Originally Posted by Spectator

The statement in the article is not consistent with clearing pending applications with a PD prior to January 2011 in 5 years @ 2,803 approvals per year.

No applications are pending beyond April 2010 and the 14,400 figure is fairly consistent with known pending applications to that date.

PERM certifications started to rise sharply for India after this time.

There were 5,583 Indian PERM certifications with a PD of Jan-Apr 2010. These have translated to 4,677 pending EB2-I I-485 applications in the July 2018 USCIS Inventory (a factor of 83.77%).

If we use the known EB2-I pending applications for May 2009 - April 2010 from the July 2018 Inventory (13,567) and then use the above factor on PERM certifications after that date, there would be 45,778 I-485 pending for EB2-I before September 2011.

At 2,803 approvals / year, this would imply around a 16 year wait. At 6,000 approvals / year this would reduce to around 7.5 years.

I don't do predictions, so the above is just an example so that you can play around with the figures and assumptions should you wish to.

The PERM certification data can be found here.

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Thanks for the reply.

I am good at analyzing PERM data or pending inventory data.

How many pending applications in EB2 and EB3 from now till December, 2011 and then from January to September, 2011 based on last available inventory data?

It makes me wonder why would Mr. Oppenheimer make that statement as he has access to data that is available in public (and data available only to him) and can deduce it correctly. What did he miss when he made that deduction?

Quote:

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Originally Posted by waitlist

Thanks for the reply.

I am good at analyzing PERM data or pending inventory data.

How many pending applications in EB2 and EB3 from now till December, 2011 and then from January to September, 2011 based on last available inventory data?

It makes me wonder why would Mr. Oppenheimer make that statement as he has access to data that is available in public (and data available only to him) and can deduce it correctly. What did he miss when he made that deduction?

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While it is good to look till 2011, I have to point out to downgrade scenario where the numbers get duplicated in both EB2 and EB3. EB3 I was predicted 1-3 months movement in February and it came to a grinding halt for the last 3 months. Last bulletin it was predicted that ROW is having a big demand. It might be a pointer that EB3 I might not get more than 3000, far cry from the 6000's we got in 2017 and 2018.

The 2-3 days nonsensical movement for EB2I ensured that even people with EAD in EB2 started doing the downgrade, in addition to the people till April 2010 who started their downgrade when the filing dates were getting accepted. This mess is going to sustain for a longer duration without any meaningful immigration reform, no matter whatever analytical and reasonable deductions we come up with.

If there is no visibility or No demand data available in EB3-India , why was EB3-I not made current like ROW?. By not making EB3-India current will only make me conclude that CO and USCIS know the demand (or) There is a heavy downgrade porting from EB2 India to EB3 India.

Just a gentle reminder that this is the EB2-3 Predictions (Rather Calculations) thread.

If people want to post about Bill and Politics, then do so in the correct thread.

http://www.qesehmk.org/forums/showth...s-amp-Politics

If you choose not to, then the posts will be moved there.

Hi Spectator - how would you calculate when Jan 1st 2010 EB3I will be current? I would like to know the strategy you would use to do this. Thank you.

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Originally Posted by swaugh

Hi Spectator - how would you calculate when Jan 1st 2010 EB3I will be current? I would like to know the strategy you would use to do this. Thank you.

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I wouldn't attempt to.

There's no information to use and too many assumptions to be made.

I wouldn't really do it for EB2-I either, but at least there is some historical data on "actual" numbers from when the PD surpassed July 2007.

That doesn't exist for EB3-I because the new FO processing was already in place and those numbers never hit any Inventory Reports.

The latest Cut Off Date allowed for filing an EB3-I I-485 was 01APR10 in January 2019. I don't think anyone has any idea of how many applications were received for the period August 2007 to March 2010. Without even the barest information, everything is guesswork, not prediction.

There's no data about the any effect of the EB3-I PD being ahead of EB2-I and how that might affect the numbers.


One effect I have noticed is on the number of EB3-I Consular Processed approvals.

The Filing Cut Off date exceeded July 2007 in October 2017 for CP cases. In FY2017 and prior years, there were approx. 150-200 EB3-I CP cases approved per year.

In FY2018, this rose to about 750 cases.

In FY2019 up to the end of May the figure stands at 1,365.

Without knowing that information, would you (or could you) have guessed it?

Spectator - thank you for your inputs.

Quote:

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Originally Posted by Spectator

Just a gentle reminder that this is the EB2-3 Predictions (Rather Calculations) thread.

If people want to post about Bill and Politics, then do so in the correct thread.

http://www.qesehmk.org/forums/showth...s-amp-Politics

If you choose not to, then the posts will be moved there.

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Sure Spec, I will also try not to put feeders for political and bills while doing the calculations.

Quick question on cross charge-ability: If my EB2-I PD is May 2010 and my wife applies in EB1B-I, can we take advantage of the earlier PD filing jointly or can she only file when the primary's EB1-I date is current? TIA!

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Originally Posted by Turbulent_Dragonfly

Quick question on cross charge-ability: If my EB2-I PD is May 2010 and my wife applies in EB1B-I, can we take advantage of the earlier PD filing jointly or can she only file when the primary's EB1-I date is current? TIA!

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Unfortunately, priority date retention does not allow the transfer of one priority date to another spouse.

A Priority Date is attached to an individual whose I-140 has been approved ("the alien") and can't be cross charged to a spouse ("a different alien") approved I-140.

Quote:

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8CFR 204.5
(e) Retention of section 203(b)(1), (2), or (3) priority date.

(1) A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) [EB1, EB2 or EB3] of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under section 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple approved petitions under section 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

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You could have a subsequent EB1 EB2 or EB3 petition approved and claim your May 2010 PD for it.

Your wife can't claim your PD where she will be the primary applicant because she is using her own I-140 approval as the basis to file I-485.

Quote:

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Originally Posted by Spectator

Unfortunately, priority date retention does not allow the transfer of one priority date to another spouse.

A Priority Date is attached to an individual whose I-140 has been approved ("the alien") and can't be cross charged to a spouse ("a different alien") approved I-140.



You could have a subsequent EB1 EB2 or EB3 petition approved and claim your May 2010 PD for it.

Your wife can't claim your PD where she will be the primary applicant because she is using her own I-140 approval as the basis to file I-485.

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I thought about it. And while this technically and legally may be correct; this can easily be circumvented by
a) The EB2 person filing as beneficiary with the EB1 spouse. EB2 person certainly retains his 2010 PD and thus gets approved.
b) The EB1 spouse can get approved immediately using "follow to join" rules as long as spouse was on EB2's application as beneficiary. This #2 please consult with lawyers. I am not entirely sure about this.

Hi Spec

qn on this - how do you know that C/P 2019 cases are that high until May?

Just curious - my p/d is early May 2009 EB3-I and I still haven't gotten an interview - trying to figure out how many people are ahead and at C/P if thats possible.

Also read somewhere that eb3-I approvals haven't cleared April 2009 yet - heavy demand and not sure how much but the FA date has been stalled and won't move this f-year means there is demand ?

Quote:

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Originally Posted by qesehmk

I thought about it. And while this technically and legally may be correct; this can easily be circumvented by
a) The EB2 person filing as beneficiary with the EB1 spouse. EB2 person certainly retains his 2010 PD and thus gets approved.
b) The EB1 spouse can get approved immediately using "follow to join" rules as long as spouse was on EB2's application as beneficiary. This #2 please consult with lawyers. I am not entirely sure about this.

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Q,

In case #1 The primary files with their Category and PD date (EB1). Whether the dependent has, or doesn't have, their own approved I-140 and PD is irrelevant, since it is not transferable. The PD for EB1, established by the primary' I-140 approval would have to be current at the time of filing the I-485 applications.

In case #2 then the spouse would be the dependent of the husband's EB2 and 2010 PD, so EB2-I for the 2010 PD would have to be current.

All that is transferable, from dependent to primary, is the dependent's Country of Chargeability, if that is advantageous.

Quote:

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Originally Posted by stylorogue

Hi Spec

qn on this - how do you know that C/P 2019 cases are that high until May?

Just curious - my p/d is early May 2009 EB3-I and I still haven't gotten an interview - trying to figure out how many people are ahead and at C/P if thats possible.

Also read somewhere that eb3-I approvals haven't cleared April 2009 yet - heavy demand and not sure how much but the FA date has been stalled and won't move this f-year means there is demand ?

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DOS publishes a detailed breakdown of each month's CP approvals by Category and Country. Each month can be found here.

redsox usually publishes a breakdown each month and cumulative figures (although hasn't yet for the May figures).

Here's a breakdown for FY2019 until the end of May 2019 for both EB and FB:

Country --------- EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 --- Total
China ----------- 461 ---- 120 ---- 144 ------ 6 -- 2,418 --- 3,149
India ----------- 142 ----- 35 -- 1,365 ----- 91 ---- 350 --- 1,983
Mexico ----------- 17 ----- 22 ---- 380 ----- 36 ----- 38 ----- 493
Philippines ------- 1 ---- 145 -- 3,055 ----- 43 ----- 10 --- 3,254
ROW ------------- 903 -- 2,132 -- 4,914 -- 1,228 -- 2,174 -- 11,351
Grand Total --- 1,524 -- 2,454 -- 9,858 -- 1,404 -- 4,990 -- 20,230


Country --------- FB1 --- FB2A --- FB2B ---- FB3 ---- FB4 --- Total
China ----------- 291 -- 2,025 ---- 485 -- 1,141 -- 3,409 --- 7,351
India ----------- 139 ---- 626 ----- 66 -- 2,793 -- 4,806 --- 8,430
Mexico ---------- 900 - 11,627 ---- 508 ---- 730 -- 1,877 -- 15,642
Philippines --- 1,036 -- 2,451 -- 3,147 ---- 780 -- 1,842 --- 9,256
ROW ---------- 12,231 - 29,592 -- 8,568 - 10,229 - 22,191 -- 82,811
Grand Total -- 14,597 - 46,321 - 12,774 - 15,673 - 34,125 - 123,490


I hope redsox will return to publishing the figures in future.

The last numbers for cases waiting for Consular Processing at the NVC was as at November 1st 2018. https://travel.state.gov/content/dam...tItem_2018.pdf

At that time, there were 21,385 EB3-I Skilled Worker/Professional cases on the list, but this covers all cases with an approved I-140 who chose Consular Processing and covers PD far beyond those that are Current. As such, the numbers are perhaps something of a 'red herring'.

Quote:

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Originally Posted by Spectator

Q,

In case #1 The primary files with their Category and PD date (EB1). Whether the dependent has, or doesn't have, their own approved I-140 and PD is irrelevant, since it is not transferable. The PD for EB1, established by the primary' I-140 approval would have to be current at the time of filing the I-485 applications.

In case #2 then the spouse would be the dependent of the husband's EB2 and 2010 PD, so EB2-I for the 2010 PD would have to be current.

All that is transferable, from dependent to primary, is the dependent's Country of Chargeability, if that is advantageous.

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Spec,

So in case #1 the EB2 spouse when files 485 as EB1 dependent, retains his EB2 PD, isn't it? Thus s/he may benefit in his EB1 485 processing even if overall EB1 regresses. Now I do understand that DoS may try to control dates really tight for EB1 (like any other category). But for people who are waiting over a decade, what's 500-1000 dollars if that means their GC can be processed a few months earlier!!

Once s/he is approved, then case #2 comes into picture. I do not understand those rules well enough. But there may be room there and hence a lawyer is required.

Quote:

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Originally Posted by qesehmk

Spec,

So in case #1 the EB2 spouse when files 485 as EB1 dependent, retains his EB2 PD, isn't it? Thus s/he may benefit in his EB1 485 processing even if overall EB1 regresses. Now I do understand that DoS may try to control dates really tight for EB1 (like any other category). But for people who are waiting over a decade, what's 500-1000 dollars if that means their GC can be processed a few months earlier!!

Once s/he is approved, then case #2 comes into picture. I do not understand those rules well enough. But there may be room there and hence a lawyer is required.

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Once you file as a dependent your own PD becomes irrelevant for that filing and processing is based on primary's PD. Your PD has relevance only when you file as primary- This is what I understood from Spec's post.

Quote:

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Originally Posted by suninphx

Once you file as a dependent your own PD becomes irrelevant for that filing and processing is based on primary's PD. Your PD has relevance only when you file as primary- This is what I understood from Spec's post.

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Makes no sense to me. But I am not going to argue since I am not a lawyer. I think the EB2 guy should definitely carry his/her PD to any category including family. What's the point of having a PD and then have ability to retain it only to lose it when you file in another category.

Thank you for the responses! I will also definitely check with my attorney too when I get a chance and update the thread.

Please guide me Gurus,

My current project is going to complete by End of August 2019 and my H1 is also valid thru end of August 2019.

However I found another project with same title but with different end client which is 3 miles away from my current project. Roles are identical - Developer on my current project and new one.
Since they both are in same MSA can I join the new client since my previous LCA covered the same city/MSA?

Please guide me

Thanks
Jay

You will need to file H1 extension along with new MSA, PO and Client letter, I don't think you will need to file an amendment. Since you are filing extension, you can start with new project. There should not be any issue, consult and confirm with your attorney. Mine is also same situation, I filed amendment + extension, and I started with new project.

My company attorney says since it is within same MSA (both end clients are 3 miles of each other )and new job role is identical with current LCA. You dont need to file amendment.

Also, I can start working with new end client and within 30 days of joining I need to file extension and amendment

So I was asking experts advise to ensure there's a provision like this available

https://www.rnlawgroup.com/h-1b/485-...1b-msa-defined

Quote:

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Originally Posted by texas_

My company attorney says since it is within same MSA (both end clients are 3 miles of each other )and new job role is identical with current LCA. You dont need to file amendment.

Also, I can start working with new end client and within 30 days of joining I need to file extension and amendment

So I was asking experts advise to ensure there's a provision like this available

https://www.rnlawgroup.com/h-1b/485-...1b-msa-defined

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This post is rather ancient. The last i knew was a very specific memo about 'Client Location' and Changes which made Client Changes very strict. I would find that and read that.
Here is a link - https://www.uscis.gov/sites/default/...s-for-H-1B.pdf

Here is the post Simeo ruling . https://www.uscis.gov/archive/uscis-...tions-decision

It seems you are fine.