EB2 Predictions (Rather Calculations) - 2011

You will withdraw your H1 Extension only after you have EAD in hand which hopefully will be before Dec 2011. From that point on you will be on the Job on EAD so there is no need to have a H1 for job offer. In my opinion I485 will not have any issues for this. However if USCIS denies your application for H1 extension before you get EAD then you will be out of status and in the same situation as you would be if you do not apply for H1 and take leave.

Difference is in the former case (apply for H1 extension), you will have extra time (about 2 or 3 months) to wait for EAD and continue to work. However in the latter case (do not apply for H1 extension) you may not want to sit at home for few months just because your EAD takes time)

my 2 cents..

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Originally Posted by memk26

Thank you everyone for the reply, my only worried is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and with draw) USCIS will say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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soggadu i am not a consultant. Never worked as one. So this is interesting to me :) Thanks. I guess this is a special treatment for non-US based companies. Because I never heard this from my friends who work for IBM CSC McKinsey etc.

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Originally Posted by soggadu

As I mentioned before, we do need a client letter... I just got my extension last weekend and was issued for 3 yrs but I had to get the client letter that too ontheir letter head.... No more discussion on this from my end.... Only persons working for consulting firms as a consultant can understand what I am talking abt.:..

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soggadu with this reply of yours we confer you the honorary title of Guru!! I do think this guy will get his GC within 6 months and its prudent to apply for EAD and H1. And as many others said ... apply for H1 just before expiry date.

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Originally Posted by soggadu

mem... i am still not a guru...stuck at pandit level... but here is my take on this...

1. You will definitely be current in the coming bulletin and would apply for 485 by beginning of Sep, so it leaves you two more months for H1 renewal. Recently i guess there was a memo which says you can stay in US with no issues
2. The main problem i see is when will ur EAD be approved? I ask this because, you need work authorization if not H1 to continue working. So i wud say (only my opinion) to apply for H1 so that you can continue working
3. I dont think H1 denial (because of client letter or so) will have any effect on GC as it is made for future employment
4. Dont worry about H1, get client letter and other E to E docs and you can get it easily...

My 2 cents...others correct me where i am wrong...the first person to correct will get a free view of bulletin today ;-)

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Originally Posted by memk26

Thank you everyone for the reply, my only worry is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and withdraw after getting EAD) USCIS might say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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memk26,

Since you would have a pending I-485, which allows you to remain in the USA, that should be fine, if that is the course of action you decide on.

I would suggest you document the period when you are not working, since USCIS may well raise an RFE at a later point, if there is a gap between your H1B expiring and the EAD being approved.

I hope it all works out.

Memk26..skapnda response are the 2 options i believ you have, and if you are in confusion to decide which one to take...i would suggest you consult a attorny also once before you make the choice..discuss with your attorney to make sure you will not be out of status... :)

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Originally Posted by skpanda

You will withdraw your H1 Extension only after you have EAD in hand which hopefully will be before Dec 2011. From that point on you will be on the Job on EAD so there is no need to have a H1 for job offer. In my opinion I485 will not have any issues for this. However if USCIS denies your application for H1 extension before you get EAD then you will be out of status and in the same situation as you would be if you do not apply for H1 and take leave.

Difference is in the former case (apply for H1 extension), you will have extra time (about 2 or 3 months) to wait for EAD and continue to work. However in the latter case (do not apply for H1 extension) you may not want to sit at home for few months just because your EAD takes time)

my 2 cents..

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H1 and GC are two different things: Your 140 has already established the job offer and all that. Now all you are waiting for is adjustment of of status. So as long as your job with your employer is in good health (meaning either current or future) you should be ok.

Generally when they adjudicate your 485 that time you need to be either employed in that job or have an offer in hand for that job.

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Originally Posted by memk26

Thank you everyone for the reply, my only worry is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and withdraw after getting EAD) USCIS might say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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Originally Posted by skpanda

You will withdraw your H1 Extension only after you have EAD in hand which hopefully will be before Dec 2011. From that point on you will be on the Job on EAD so there is no need to have a H1 for job offer. In my opinion I485 will not have any issues for this. However if USCIS denies your application for H1 extension before you get EAD then you will be out of status and in the same situation as you would be if you do not apply for H1 and take leave.

Difference is in the former case (apply for H1 extension), you will have extra time (about 2 or 3 months) to wait for EAD and continue to work. However in the latter case (do not apply for H1 extension) you may not want to sit at home for few months just because your EAD takes time)

my 2 cents..

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Thank you skpanda, I looked at your views and feel the safest for my situation, I hope once my employer withdraw my h1 ext petition after I have myt EAD USCIS should not get confused with Job offer and say if there is not job why do you need GC :):).. but this the safest I guess.

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Originally Posted by memk26

Thank you everyone for the reply, my only worried is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and with draw) USCIS will say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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I agree with what sogaddu has said. skpanda has a great idea if you file the extension at the 11th hour you can stay in status for the maximum amount of time. Ideally even denial should not affect your 485 approval in anyway AFAIK. However times are changing there was some discussion that memo was being applied to I140; hopefully I585 should be outside that purview. Hope that you and many more get current today.

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Originally Posted by memk26

Thank you everyone for the reply, my only worry is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and withdraw after getting EAD) USCIS might say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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mem... i feel you are unnecessarily taking tension... can you get a client letter from your work place? if yes, then go ahead with extension as all others are recommending and make sure you talk with your lawyer about your scenario when u r preparing the docs...

Once you filed for I485 and have EAD in hand.. you need not worry about H1 at all. You will update your immigration status in I9 and wherever applicable. USCIS is not going to look for H1.

There are more than 200K people who have applied during the 2007 July fiasco. Atleast 50% (I guess) would be working on EAD now without H1. Their I485 is still pending since dates are not current.

Bottom line.. you will be fine. However just for your peace of mind.. please check with your immigration attorney.

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Originally Posted by memk26

Thank you skpanda, I looked at your views and feel the safest for my situation, I hope once my employer withdraw my h1 ext petition after I have myt EAD USCIS should not get confused with Job offer and say if there is not job why do you need GC :):).. but this the safest I guess.

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Not a legal advise.

you just keep blathering these inane comments and you are a GC-Pandit..Bravo !!!

soggadu
Originally Posted by vchirakala
just kidding soggadu ...whole world is tensed about how the market is going to be and we are tensed about Sep bulletin ...
yes darling... isi ki naam hein jindagi... yehi ek picture hein jo sabko alag alag nazariyaa see dik tha hein...

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Originally Posted by qesehmk

H1 and GC are two different things: Your 140 has already established the job offer and all that. Now all you are waiting for is adjustment of of status. So as long as your job with your employer is in good health (meaning either current or future) you should be ok.

Generally when they adjudicate your 485 that time you need to be either employed in that job or have an offer in hand for that job.

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Thank you Q, if h1 gets denied don't you think that during AOS they will see the reason of h1 denial(no proper E-E , small consulting company etc.), and if they figure it out that there os no valid job with the employer then why do you need GC ? this is the only worried for me.

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Originally Posted by qesehmk

soggadu with this reply of yours we confer you the honorary title of Guru!!

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Originally Posted by immitrickz View Post
you just keep blathering these inane comments and you are a GC-Pandit..Bravo !!!

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Thank you :-)...

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Originally Posted by skpanda

Once you filed for I485 and have EAD in hand.. you need not worry about H1 at all. You will update your immigration status in I9 and wherever applicable. USCIS is not going to look for H1.

There are more than 200K people who have applied during the 2007 July fiasco. Atleast 50% (I guess) would be working on EAD now without H1. Their I485 is still pending since dates are not current.

Bottom line.. you will be fine. However just for your peace of mind.. please check with your immigration attorney.



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Not a legal advise.

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Thank you , I got it now.

He is not blathering immitrickz....he is making few people ease there tensions who are waiting eagerly for there SEP bulletin and GC ...

Yes he is a GURU...if you follow the thread from past few pages....his comments do help people on this forum...

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Originally Posted by immitrickz

you just keep blathering these inane comments and you are a GC-Pandit..Bravo !!!

soggadu
Originally Posted by vchirakala
just kidding soggadu ...whole world is tensed about how the market is going to be and we are tensed about Sep bulletin ...
yes darling... isi ki naam hein jindagi... yehi ek picture hein jo sabko alag alag nazariyaa see dik tha hein...

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Easy my friend... Soggadu is our Chief Humor Officer. He along with some other folks here.. keep the forum jovial and friendly. Its a good fabric thread. He is definately a Guru in that regard!! Also if you check his posts he has contributed wherever he could w.r.t GC questions.

Soggadu and other friends.. keep it going....

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Originally Posted by immitrickz

you just keep blathering these inane comments and you are a GC-Pandit..Bravo !!!

soggadu
Originally Posted by vchirakala
just kidding soggadu ...whole world is tensed about how the market is going to be and we are tensed about Sep bulletin ...
yes darling... isi ki naam hein jindagi... yehi ek picture hein jo sabko alag alag nazariyaa see dik tha hein...

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Does USCIS adjudicator have visibility to all of your "Kundali"? May be? By law, can he use H1 denial to deny 485? I do not think so. He will look at the underlying 140.

But let me ask you this - if there is no valid job offer then how is your 140 approved? 140 is where the employer formally says and this is what the job is.

Unless you think your 140 is in jeopardy I wouldnt be worried about your H1 denial.

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Originally Posted by memk26

Thank you Q, if h1 gets denied don't you think that during AOS they will see the reason of h1 denial(no proper E-E , small consulting company etc.), and if they figure it out that there os no valid job with the employer then why do you need GC ? this is the only worried for me.

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Exactly. GC is for a future job offer (not necessarily the current one for which you have H1). Your I140 tells USCIS that your employer has a job offer for you once you get your EAD/GC.

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Originally Posted by qesehmk

Does USCIS adjudicator have visibility to all of your "Kundali"? May be? By law, can he use H1 denial to deny 485? I do not think so. He will look at the underlying 140.

But let me ask you this - if there is no valid job offer then how is your 140 approved? 140 is where the employer formally says and this is what the job is.

Unless you think your 140 is in jeopardy I wouldnt be worried about your H1 denial.

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Not an expert in consulting, but one thought. You do have to be in valid status throughout stay in USA for AOS even though GC is for future job. This is something which Veni reminded me long back.

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Originally Posted by skpanda

Exactly. GC is for a future job offer (not necessarily the current one for which you have H1). Your I140 tells USCIS that your employer has a job offer for you once you get your EAD/GC.

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Thanks for clearing my confusion. so here is what I have in my mind to go with, apply h1 ext at 15-20 days before it expire I will make sure this will be in normal process(no premium, funny right) :). Once I get my EAD I will ask employer to withdraw my h1 even if there is no RFE :)
So I will be one of in million who does not want to file h1 in premium and withdraw h1 even no RFE :), I will definitly check with Company Attorny also.
Q- I have a clean approved I-140 and I missed just for a day in 2007 for concurrent filing.

sogaddu you don't have to tell us who you are, we know you are already a Guru

Thank you all and wish you all the best.

Sorry this might be a repeat post. Am a newbie here. Just wanted a take on how guys with a PD in Oct 2007 are feeling. What are the realistic and worst case scenarios?

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Originally Posted by nishant2200

Not an expert in consulting, but one thought. You do have to be in valid status throughout stay in USA for AOS even though GC is for future job. This is something which Veni reminded me long back.

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I guess one can stay in USA legally after filing AOS, only can't work, correct me if I am wrong.

No More predictions !.. Just reality show in few hours !!.. Good luck.. Hope for the best...

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Originally Posted by 10102007

Sorry this might be a repeat post. Am a newbie here. Just wanted a take on how guys with a PD in Oct 2007 are feeling. What are the realistic and worst case scenarios?

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Good Luck.. I hope you get your EAD even before you have to file for H1 extension..... worst case by end of this year (before USCIS even tries to do anything with your H1 Extension).

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Originally Posted by memk26

Thanks for clearing my confusion. so here is what I have in my mind to go with, apply h1 ext at 15-20 days before it expire I will make sure this will be in normal process(no premium, funny right) :). Once I get my EAD I will ask employer to withdraw my h1 even if there is no RFE :))
So I will be one of in million who does not want to file h1 in premium and withdraw h1 even no RFE :)), I will definitly check with Company Attorny also.
Q- I have a clean approved I-140 and I missed just for a day in 2007 for concurrent filing.

Thank you all and wish you all the best, sogaddu you don't have to tell us who you are, we know you are already a Guru

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Originally Posted by indiasunil

No More predictions !.. Just reality show in few hours !!.. Good luck.. Hope for the best...

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My 2 cents

Dates will move to July 15 and USCIS along with DOL will make sure that in the next visa cycle nobody who is current is remaining(this includes porters, PWMB etc...) and then and then only go for some kind of BTM.

Q - I sometimes get this feeling that too much thinking only adds to the fear of the unknown.. Knowledge is indeed power : - )

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Originally Posted by qesehmk

Does USCIS adjudicator have visibility to all of your "Kundali"? May be? By law, can he use H1 denial to deny 485? I do not think so. He will look at the underlying 140.

But let me ask you this - if there is no valid job offer then how is your 140 approved? 140 is where the employer formally says and this is what the job is.

Unless you think your 140 is in jeopardy I wouldnt be worried about your H1 denial.

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Originally Posted by 10102007

Sorry this might be a repeat post. Am a newbie here. Just wanted a take on how guys with a PD in Oct 2007 are feeling. What are the realistic and worst case scenarios?

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10102007, i am 10222007 speaking... dont really expect miracles... i dont think we have a chance till Nov/dec 2011...

Quality always triumphs over Quantity ..

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Originally Posted by soggadu

Thank you :-)...

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Originally Posted by indiasunil

No More predictions !.. Just reality show in few hours !!.. Good luck.. Hope for the best...

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whats your PD sunil...you look all prepared from morning... i like your energy... keep it going...

July 2007 or 2008 ? .. Just kidding .. I know what do you mean here..
Somehow my strong feeling still will go to Mar 2008. Lets wait for the rock & roll.

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Originally Posted by druvraj

My 2 cents

Dates will move to July 15 and USCIS along with DOL will make sure that in the next visa cycle nobody who is current is remaining(this includes porters, PWMB etc...) and then and then only go for some kind of BTM.

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My PD - JAN 15 2008. Long way to gooo

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Originally Posted by soggadu

whats your PD sunil...you look all prepared from morning... i like your energy... keep it going...

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come on guys...when would VB be released????
Q, did you get any information from your source. Sorry, these pages are scrolling so fast I could barely keep up. Not sure you'd get to this post today:)

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Originally Posted by soggadu

10102007, i am 10222007 speaking... dont really expect miracles... i dont think we have a chance till Nov/dec 2011...

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Thanks Soggadu. Your prediction is great. I'm looking for some relief atleast by Feb-Mar 2012

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Originally Posted by immitrickz

Quality always triumphs over Quantity ..

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dude... really... usually i ignore comments like yours but, you got lucky...

I dont think i am a guru/pandit as i know more of this GC stuff... i just post what i think and what i feel... if it's blathering to you...it's ok dost... it's a free country after all... atleast i am not saying u have to do what i say because i am a guru/pandit... in the end when i go out... i am just a normal desi working my way up... so who cares abt guru/pandit titles...right...

one down... :-)...what your next trick ;-)..chil maro dost... jiyoo aur jeene doo...

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Originally Posted by 10102007

Thanks Soggadu. Your prediction is great. I'm looking for some relief atleast by Feb-Mar 2012

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Mine is 12122007 and expecting relief by May 2012...

Friends this news is from user rodnyb on IV all credit to him, please translate

Heard from a friend, Chinese immigration site were saying Sept VB Eb2C is 09/01/2007.
Anyone know how to translate, or details?
ÂäµØÉú¸ù(Immigration)°æͬÖ÷Ìâģʽ - δÃû¿Õ¼ä(mitbbs.com)
http://www.mitbbs.com/bbsdoc/Immigration.html

And inspite of that you are quite calm! Good luck!

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Originally Posted by memk26

Q- I have a clean approved I-140 and I missed just for a day in 2007 for concurrent filing.

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I am not very sure on this one. Check w a Lawyer.

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Originally Posted by memk26

I guess one can stay in USA legally after filing AOS, only can't work, correct me if I am wrong.

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I agree. But hey the guy missed filing by a day and it seems his job is in trouble. So cut him some slack. BTW any news from your source for the visa bulletin this time around?

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Originally Posted by immitrickz

Q - I sometimes get this feeling that too much thinking only adds to the fear of the unknown.. Knowledge is indeed power : - )

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Anyone taking a peek at the US Consulate Mumbai's website ?

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Originally Posted by TeddyKoochu

Friends this news is from user rodnyb on IV all credit to him, please translate

Heard from a friend, Chinese immigration site were saying Sept VB Eb2C is 09/01/2007.
Anyone know how to translate, or details?
ÂäµØÉú¸ù(Immigration)°æͬÖ÷Ìâģʽ - δÃû¿Õ¼ä(mitbbs.com)

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does that mean EB2 I/C or just C??

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Originally Posted by TeddyKoochu

Friends this news is from user rodnyb on IV all credit to him, please translate

Heard from a friend, Chinese immigration site were saying Sept VB Eb2C is 09/01/2007.
Anyone know how to translate, or details?
ÂäµØÉú¸ù(Immigration)°æͬÖ÷Ìâģʽ - δÃû¿Õ¼ä(mitbbs.com)
http://www.mitbbs.com/bbsdoc/Immigration.html

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the date of Sept 1 doesnt make sense because the CO has mentioned that there will be a need to take in more applications if the cut-off date moves to Aug 07. Hence either it should be in July or somewhere late 07/early 08

Regards
Nat

Friends our source told us the bulletin will be published today afternoon. There was no other information provided. But I saw Teddy's post and I think that post could very well be true.