Spec, what is your other opposite end estimate, this time, not conservative.
Printable View
rahil bhai... kaise baatien kartien ho aap... read below...
"The proposed change would allow spouses in H-4 status to apply for employment authorization in a limited circumstance in which the principal H-1B visa holder has started the green card process and has had to extend his or her visa status under specific circumstances."
Most important one is
"The USCIS memo was only a list of administrative proposals that could be used to solve some current immigration problems. It is not possible to say how many of these proposals are being considered, or will ever be implemented."
Is the new EB2 category recently discussed part/becoz of this memo?
waise the real unedited doc is
http://abcnews.go.com/images/Politic...ion-reform.pdf
The H4 EAD memo has the following....Does this mean the rule is approved... What do you guys think????
Ex tend employment authorization to H-4 dependent. Spouses of H-I B pr'incipals where the principals are also applicants for lawful permanent residence under AC 21.
USCIS Senior Leaders have already approved this course of action; it is therefore recommended
in the context of identifying administrative relief options that their decision be communicated to
the Department of Homeland Security and to the White House.
Implementation Method: Notice of Proposed Rule making (NPRM).
Resources/Considerations: Coordinate with DHS Policy and White House prior to rule drafting.
uscis systems (CLAIMS, etc.) will need to be modified 10 accommodate EADs for this group
of H-4s.
Target! Date: Minimum of 12 months to issue final rule.
That sounds plenty. If you think about both bounds 3K and 6K and then calculate per month - that comes to about 500-1000 per month - given that it is highly unlikely that somebody prior to Mar 2007 couldn't file. (p.s. Mar-Aug is 6 months. )
500-1000 is almost 25-50% of the EB2IC rate per month. It is highly unlikely that more than 50% people missed the boat. But its entirely possible that the lower bound could be less than 25%.
soggadu,
Here's my opinion.
The White House asked the various agencies for some creative suggestions to alleviate problems in the system that could be implement by regulation rather than a change to the law.
In that context, USCIS suggested this proposal and how it might be implemented.
USCIS are unlikely to implement it of their own back and it has gone deathly quiet since this surfaced. There was intense criticism of some of the other suggestions after the memo was leaked.
At various times USCIS have also proposed moving to an I-485 pre-registration scheme - again something that appears to have been quietly dropped.
It is good that people have thought about this issue, but I would be surprised if it actually happens.
Excellent.
Now I see that it only says H4 for those whose principal applicant is already extended H under AC21. It does not mention that the principal applicant needs to have a pending I-485.
You can have your H1 extended for a year or three years under AC21 law, if your labor is approved and 140 pending, or 140 approved , respectively, and you belong to a retrogressed country.
Guys I agree with you that we would hardly find any April PWMB's, this count starts from May. PWMB's mostly had their labors filed in the Atlanta service center which was taking 2-3 months those days as opposed to Chicago which was taking 2-3 days. In the inventory that I had created long back, I had put in the following figures May - 500, Jun - 1000, Jul -2000. These figures are guesstimates based on the demand in those months and a likelihood of people being PWMB's. In that light Jul figures are high because Jul had a very high number of applicants and most Atlanta folks for Jul would have missed for sure. This calculation is not as elegant as what Veni & Spec have calculated in facts and data but Ball Park the guesstimates will be ok. Jul 2007 really represented the peak of filing.
Q,
I think the upper bound is totally unrealistic. The figures are based on the PERM data for Certifications after August 17 2007
The assumptions I used for the 3.5k were:
PERM to I-485 -------- 80%
I-140 to I-485 -------- 2.05
EB2 % ---------------- 60%
Still Active ------------- 85%
which converted to
Part April ------- 130
May ------------ 584
June ----------- 926
July ---------- 1,003
Part August ---- 878
Total --------- 3,521
I leave it to you to decide whether that is realistic.
Teddy, I also think that once dates got current in July, many individuals got "awakened" to the big guy called GC, and they pushed their companies to start the GC process. There was also a layman logic of since everyone till now is current, the next opening will take us in, not everyone thought about movement with retrogression can be this serious or slow. I have got this input after talking with various acquaintances. Hence, there is a definite bulge in 2007-2008.
Thank you Spec... I really felt it was done deal as they said it is already approved...but as you said, it can be dropped at any time... also the controversies surrounding this leaked memo are mostly for other suggestions and i see/read no controversies for this H4 suggestion... keeping my fingers crossed....
Jonty
I hear you man.
Very similar situation as your's.
I have been hanging in there waiting to do Fellowship since past 5 years and the wait is killing me.....If i had to start all over again i would do Fellowship first and then wait it out. If your happy being a General Internist there is nothing wrong with that of course.
Coming back to PWMB which have not yet surfaced. 3.5k to 6k. Let's say I am taking 4.5k, and adding 500 for PWMB who surfaced in last bulletin.
Last demand data has around 10k people left.
last movement reduced that demand by 3k and now 7k are left.
Suppose dates move to full extent of PWMB grabbing.
7k demand left + 5k PWMB = 12k demand to begin new FY 2012 with.
Each month, let's say 500 porting, worst case, leading to 6k porting in a year.
So they already have a demand of 12k/12 + 6k/12 = 1500 visas per month.
just speaking loud rough calculations.
we desperately need good SOFAD next FY :(
Spec
I agree. That's why I said 6K is plenty.
In fact 3.5K itself seems reasonably accurage. May be + or - 1K.
Teddy, your numbers match Specs but I guess the PERM approvals are more spread out than your assumptions.
I remember on IV, I had done some calculations and I had thought that 7% people missed filing between Jan and Aug. So that number itself was probably less than 3.5K. May be 4K could be used as upper bound with very high certainty.
continuing my above psots, so this projection says, 15k known demand.
5.6k for regular I/C available.
reduces to 9.4k known demand projection.
leftover visas: EB4 - 7k , EB5 - 4k, EB1 - 3k, EB2 ROW - 4k = 18k
18k - 9.4k = 8.6k
8.6k / 2.5k approx new demand a month = 3.5
3.5 months post August 15 2007 is 1st December 2007. Add some buffer for safety for intake in BTM. Hence anywhere from 1st December 2007 to Q1 2008, by the most conservative calculations
excellent Q.
so then:
continuing my above psots, so this projection says, 15k - 2k (PWMB reduction, I am counting 3k PWMB instead of 5k) = 13k known demand.
5.6k for regular I/C available.
reduces to 7.4k known demand projection.
leftover visas projection worst case for FY 2012: EB4 - 7k , EB5 - 4k, EB1 - 3k, EB2 ROW - 4k = 18k
18k - 7.4k = 10.6k
10.6k / 2.5k approx new demand a month = 4.25
4.25 months post August 15 2007 is 22nd December 2007. Add some buffer for safety for intake in BTM. Hence anywhere from 22nd December 2007 to Q1 2008, by the most conservative calculations
Guys,
I am tempted to make one final bet for this FY ! :p
Sep Bulletin is going to go for BTM until mid2008 !
My friend with PD 22 march 2007 got 485 approved today. He is not on Trackitt....
K, I am really happy to know that CO acknowledges this being a area which is being looked upon. That also to me shows that he is aware that people would love a BTM just to get EAD :)
Ron is correct, without changing the language of the legislation, this cannot happen potentially.
However, just like in case of CP, when the DOS happily sends for a invoice on the assumption the date may become current in the next few months, "interpreting" the language to be "an immigrant visa may be available in the immediate future", and hence justifying a BTM on the grounds of enabling the adjudicating agency (USCIS) to in turn enable the DOS to not waste visas and follow their SO law, could be theoritically possible. This is a very important premise of CP workflow already. If that is not possible, DOS is afraid to take that step, then to my mind, we would have to wait for the point when demand becomes 0, visa available is > 0, and DOS makes the category current, whilst supplying the >0 visas in meantime to the next eligible category, and if there is no next eligible, the visas would go to FB next FY, and if they don't consume, waste.
(In above we can also say that demand is such that visas are more than it, and can be assigned to in the next bulletin month, so if you say that only 100 demand, and 500 visas ready to be allocated next month to this demand, then basically to me, it sounds same as 0 and > 0)
Guys.
After nnnn's name change, I received another request today and I did it.
But in future for such requests I am going to have to ask you to reregister. Apologize in advance for the same.
Regards
Q
That is true my friend. I want to do fellowship also. Applied for fellowship during residency but did not get many interviews. Whatever interviews I gave, I was told that they will prefer Citizen and GC holders first. If they don't get them, then they will look for people with J1. H1Bs are last priority.
And being from the same profession, I can understand how difficult it must be for you to be waiting from last 5 years waiting to do fellowship. I hope the situation improves soon especially when this country has such a shortage of Primary Care Physicians.
When I signed the job, my employer told me that he was looking for eligible candidates from last 6-7 months and only 5 people came for interview. All of them were on H1B and not a single US citizen or GC holder applied. That is the story with every recruiter and hospital with Primary Care Physicians, be it a big city or small town.
Sorry, this was a comment deviating from the main topic. Administrators, please feel free to remove if it is not suitable.
I feel like there might be a lot of people from EB2IC who have left for their country of birth to take on more lucrative offer or simple many companies in US give fellow Indians and Chinese similar pay but work in their respective countries. Is there any place which can calculate these dropouts?
Gurus - have a question. If there are any spare visas (not saying there will be, but just an IF) and they have to pass them down to EB3, can they do so without making the EB category current?
I haven't tried before but a rough way to calculate could be as follows:
Look at trackitt EB2IC cases w PD in 2006 that are pending. Note the number down. Then filter those cases that were last updated in Sep 2010 or before. More than likely these people whose cases are current but are still pending and hte people don't care to update them is the right population to look at. I will assume 80% cases are either already appproved but not updated or withdrawn etc. Then of that I will assume 80% cases actually approved and 20% withdrawn. That 20% would be the 2006 cases that were withdrawn. I will take that as a % of total approved cases from 2006. That would be the % people typically going back to India.
Again ... a very rough estimate. You can change your assumptions and figure out yourself.
nishant,
Glad to see you are really getting into this!
Here's some figures that might help you.
On the same basis as I reached 3.5k above, the number to clear the rest of August through the end of December 2007 would be 8.9k. The total number from April 15 2007 through the end of December 2007 would be 12.4k.
That, of course excludes any porting cases.
A question. Where is the 7k for EB4 coming from? EB4 has not been a contributor to spillover to date.
Looking forward to the next iteration.
Isn't this memo old news? The preliminary memo (which is what I think this was) was to just propose a rule which would go through committees and discussions towards final rule-making.The USCIS abandoned this approach when pressured by legislators who wanted to go with CIR.
Friends I just saw the approval trend for Trackitt. We should note that this month has seen all working days. There are only 14 approvals so far. A point to note is that EB1 approvals seem to be up and EB2-I approvals are just 50% of the pie.
Lets see how the trend shapes up in the next 4-5 days, right now the figures are small we should not be judgmental about it, however its prudent to note that when this year began even small Trackitt numbers gave a very good indicator of the trend. The small numbers seem to indicate that numbers overall maybe close to exhaustion otherwise we could have expected more approvals.
EB1 - C - 3
EB1 - B - 1
EB2 ROW - 2
EB2 - I - 7
EB3 - I - 1