EB2 Predictions (Rather Calculations) - 2012

Hello Gurus,
I am just curious to know if anybody else got below posted kind of RFE. Is it a serious RFE? Original poster (from Trackitt) mentioned that job titles are different between PERM and current (H1B) yet job duities are almost same but on different databases.

Hi All,
Got an RFE on March 06th received physical mail in the evening. Still my online case status is in initial review.
Applied 485 from Desi company.

Uscis requested the below evidence. To Submit a letter of employment attesting to your
offer of proposed employment.This letter should be written on the company's offical
letterhead and cite the date you will begin working, whether the position is
permanent and full-time, a description of the position, a description of
the position that you currently hold for the company, and the offered salary.

My Position in perm labor is different from my current role.
Applied H1-b extension in Nov 2011 and got approval in Jan 2012. Position,Roles in LCA and
Perm labor are different.will it be a problem. My attorney sent sample letter matching the roles,
but different designations.Also included after Upon receipt of permanent residency,
he will be working as perm Labour position.

Can anyone let me know does it causes any problem for the RFE response.

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Originally Posted by bee369

Thanks, my wife and I called USCIS and opened SR to correct those typos, do u think this SR may delay FP notice ?

And also GURUs I need an advise, I put my case on this forum before my PD is current but now it's current and I filed 485 on Mar 1st let me iterate.

My PD is Apr 2010 and I live in IL and work in IL too, now our team moving to NY head quarters but same role and same team etc, only location change, when our HR and Attorney discussed about move they r confident that I won't get GC within 180 days and they said I can move to NY now and they can apply AC121 after 180 days. Only issue will be if I get GC withi 180 days then I need to relocate back to IL office but they r saying it is very unlikely that my 485 will be approved in 180 days. What do u guys think ?
My PD is Apr 20 2010 and EB2-I.

If no problem with move, should I wait until FP is done and then move, I am little afraid to move before FP and EAD/AP. are approved. Original plan is to move by Mar end but I am thinking to postpone until Apr end thinking FP and EAD /AP will be done.

Not sure my company moves me back to IL location if my 485 approved in 180 days, what will happen if they don't? I asked them to no to move 180 days from Mar 1st but they r saying why I worry about unlikely situation that I get gC in 180 days, plz advise

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It is probably true that getting a GC in 180 will be tough unless there's wholesale RfEs for the 2008 and 2009 cases. That's very unlikely and then there's the retrogression factor. I would definitely wait until after FP and EAD in hand.

If I understand your situation correctly, are they suggesting you physically move to NY but as an IL employee and then file the AC21 after 180 days for change in location? Technically a change in location requires a new labor and I140 but I don't know if this is true even after the 485 application. My guess is yes - in case of a RfE on your case.

Quote:

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Originally Posted by gc2008

Hello Gurus,
I am just curious to know if anybody else got below posted kind of RFE. Is it a serious RFE? Original poster (from Trackitt) mentioned that job titles are different between PERM and current (H1B) yet job duities are almost same but on different databases.

Hi All,
Got an RFE on March 06th received physical mail in the evening. Still my online case status is in initial review.
Applied 485 from Desi company.

Uscis requested the below evidence. To Submit a letter of employment attesting to your
offer of proposed employment.This letter should be written on the company's offical
letterhead and cite the date you will begin working, whether the position is
permanent and full-time, a description of the position, a description of
the position that you currently hold for the company, and the offered salary.

My Position in perm labor is different from my current role.
Applied H1-b extension in Nov 2011 and got approval in Jan 2012. Position,Roles in LCA and
Perm labor are different.will it be a problem. My attorney sent sample letter matching the roles,
but different designations.Also included after Upon receipt of permanent residency,
he will be working as perm Labour position.

Can anyone let me know does it causes any problem for the RFE response.

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This is the standard template for RFE for employment verification letter. Normally you would get if it a new one is not sent as part of the I485 application because the labor and 140 are years old, EVL is part of the mandatory list of documents for 485 filing. If your current and future job responsibilities are similar (Same field like IT, finance) or there has been career progression there is no issue. I got the same RFE because attorney did not send EVL as part of 485 filing.

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Originally Posted by girishgkulkarni

I got the I 485 Approval on Saturday...

PD 23 Jan 2008 India EB2
Perm was approved in Dec 2010 after being Denied twice and Appealed twice.
I 140 was approved in Jan 2011

Thanks to All you guys for the predictions etc etc.

God Bless u all...

Girish

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Congratulations Girish!!

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Originally Posted by Desperate8

Veni - Yes you are right I was desperate - I hope my call doesnot do anything bad :( (I am always optimistic but when it comes to me never : )

Nishant - Thank you for your explaination - I now have to confidence in me.

Others - Thank you , no words to say how mindful you guys are while explaining.

God bless you all!!!!

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I had similar issue before. I got a fake update saying card production ordered in the first week Nov. I called customer serverice after reaching level 2 they told me my spouse address is wrong, all the mails are going to old address and some one returned it. They told me when something like that happen it triggers the CPO email, which is odd.

Mine atlast got approved in the last week of nov after updating my spouse address. Double check your address if you moved recently.

Quote:

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Originally Posted by vizcard

It is probably true that getting a GC in 180 will be tough unless there's wholesale RfEs for the 2008 and 2009 cases. That's very unlikely and then there's the retrogression factor. I would definitely wait until after FP and EAD in hand.

If I understand your situation correctly, are they suggesting you physically move to NY but as an IL employee and then file the AC21 after 180 days for change in location? Technically a change in location requires a new labor and I140 but I don't know if this is true even after the 485 application. My guess is yes - in case of a RfE on your case.

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They r moving me as NY employee but same team

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Good article to read on USCIS website, apart from AC21 and porting, a very specific para is:

Q5. Can I accept a different position or receive a promotion from my employer and remain eligible to adjust my status to permanent residence?
A5. USCIS will evaluate these situations on a case-by-case basis. The job duties for each position, the SOC codes for each position, and any differences in the wages will be the determining factors as to whether you remain eligible. Regardless of whether the new job is considered a demotion, a lateral move or a promotion within the company for which the beneficiary is employed, the job duties must be sufficiently similar. USCIS officers will view the totality of the circumstances in light of the congressional intent, expressed in INA section 204(j), as enacted by 106(c) of AC21, to facilitate job mobility within the same or similar occupational classification for qualifying aliens with long-pending adjustment applications.


main thread at: http://www.qesehmk.org/forums/showth...ct-on-I-485-PD

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ps: credit to ponty2012 on trackitt for finding this information.

Service Center: TSC

485 Approved Date: Mar 13, 2012

765/131 Approved Date: Jan 05, 2012

FP Appointment Date: Dec 14, 2011
FP Notice Date: Nov 17, 2011

485/765/131 Notice Date: Nov 7, 2011
485/765/131 Receipt Date:Nov 3, 2011
485/765/131 Mailed Date: Nov 2, 2011

Above details are same for both primary and dependent. Good luck !!

Quote:

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Originally Posted by bee369

They r moving me as NY employee but same team

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That's tricky and in my opinion risky. In the eyes of the USCIS, the premise of your application is a Company A at location A for job A. If any of those change, its a red flag for them. It might be easier to be an IL employee who works in NY vs being a NY employee working in NY. Are you in consulting or an industry job ? What I said is more relevant for an industry job. I would talk to an independent immigration lawyer.

For what its worth, my law firm (fragomen) has told me that if I wanted to move to a different office in my Firm, it would be a do-over.

Quote:

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Originally Posted by neospeed

I had similar issue before. I got a fake update saying card production ordered in the first week Nov. I called customer serverice after reaching level 2 they told me my spouse address is wrong, all the mails are going to old address and some one returned it. They told me when something like that happen it triggers the CPO email, which is odd.

Mine atlast got approved in the last week of nov after updating my spouse address. Double check your address if you moved recently.

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Got Card mailed email today - I shouldbe getting "My Precious" in a couple of days I guess.

Yes address was verified and was correct.

So this should ease your tensions....ENJOY the day

Quote:

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Originally Posted by Desperate8

Got Card mailed email today - I shouldbe getting "My Precious" in a couple of days I guess.

Yes address was verified and was correct.

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If there further interest ..... this discussion is moved at
http://www.qesehmk.org/forums/showth...t-Want-To-Read

Please do not post replies on this topic in this thread.

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Originally Posted by bvsamrat

With due respect, I clearly said that I am not against IT at all. But against people who misuse the system. If indeed is so hot then why the universities/colleges still have other disciplines? If all colleges teach so called hot IT, then question of swiching career is not there?.

I guess we are missing the main point - misuse of the system. This is I am mad at and any one should be.

Why to increase the immigratiion intake? It is high anyway? But instead - the qualifying bench mark should be set high, if we want USA to be the first world.

We very well know who finances children's education in India and from where so called EVVCL guys get their GC financing?

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Quote:

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Originally Posted by vizcard

That's tricky and in my opinion risky. In the eyes of the USCIS, the premise of your application is a Company A at location A for job A. If any of those change, its a red flag for them. It might be easier to be an IL employee who works in NY vs being a NY employee working in NY. Are you in consulting or an industry job ? What I said is more relevant for an industry job. I would talk to an independent immigration lawyer.

For what its worth, my law firm (fragomen) has told me that if I wanted to move to a different office in my Firm, it would be a do-over.

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My understanding and what our law firm told is that GC can be for future position and in my EV letter they mentioned that they r applying 485 for my IL and also they did mention that I will be working for PERM location and role after approval and if it takes more than 180 days for approval we can apply AC21 and put new location right ? I am just concerned about any chance that I can get GC within 180 days, if so hopefully they will move me back to IL but just in case if they dont, just wondering what will happen.

I agree with Vizcard ..... but I don't see what he says vs you say in conflict. they are both true.

My firm was fragomen and tehy also said that moving to another location will be do-over. My strong suspicion is that the law firms are paid by corporations and they will say things that are in the interest of the client. Is it exactly how law expects it to be? I don't know.

But I will tell you this -if your employer (i..e your boss) is behind you 100% and is not concerned about losing you or losing his position after your GC, then what you say below is a perfect scenario and everything can be managed. All it takes is for your company to say yes you will work in IL after 485, for you to get GC. They may or may not say that based on other considerations that may not necessarily tied to the legality of the situation at hand.

Quote:

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Originally Posted by bee369

My understanding and what our law firm told is that GC can be for future position and in my EV letter they mentioned that they r applying 485 for my IL and also they did mention that I will be working for PERM location and role after approval and if it takes more than 180 days for approval we can apply AC21 and put new location right ? I am just concerned about any chance that I can get GC within 180 days, if so hopefully they will move me back to IL but just in case if they dont, just wondering what will happen.

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Quote:

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Originally Posted by qesehmk

I agree with Vizcard ..... but I don't see what he says vs you say in conflict. they are both true.

My firm was fragomen and tehy also said that moving to another location will be do-over. My strong suspicion is that the law firms are paid by corporations and they will say things that are in the interest of the client. Is it exactly how law expects it to be? I don't know.

But I will tell you this -if your employer (i..e your boss) is behind you 100% and is not concerned about losing you or losing his position after your GC, then what you say below is a perfect scenario and everything can be managed. All it takes is for your company to say yes you will work in IL after 485, for you to get GC. They may or may not say that based on other considerations that may not necessarily tied to the legality of the situation at hand.

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Ok thanks Q and Vizcard

Quote:

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Originally Posted by H1GC140

I am greened.

Nishant, You are right, 3rd week of March. Got CPO mail for both me and my wife just 5 mins before.

I am always thankful to Nishant, Q, Teddy, V and others on this forum.

Thank you,
SK

NSC
RD-12/27/11
ND-12/29/11
FP-2/10/12
EAD-2/8/11
I-485-3/12/12

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Quote:

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Originally Posted by girishgkulkarni

I got the I 485 Approval on Saturday...

PD 23 Jan 2008 India EB2
Perm was approved in Dec 2010 after being Denied twice and Appealed twice.
I 140 was approved in Jan 2011

Thanks to All you guys for the predictions etc etc.

God Bless u all...

Girish

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Quote:

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Originally Posted by MeraNoAayega

Service Center: TSC

485 Approved Date: Mar 13, 2012

765/131 Approved Date: Jan 05, 2012

FP Appointment Date: Dec 14, 2011
FP Notice Date: Nov 17, 2011

485/765/131 Notice Date: Nov 7, 2011
485/765/131 Receipt Date:Nov 3, 2011
485/765/131 Mailed Date: Nov 2, 2011

Above details are same for both primary and dependent. Good luck !!

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Congratulations to H1GC140; girishgkulkarni and MeraNoAayega.

Hi - a quick question - is it ok to change the address with USCIS a few days prior to moving?

is it a new construction or an existing one. for new construction you will have to wait till closing as address is updated in USPS database only after closing and even that takes up to a week.

for exisiting home/apartment you can go ahead and change the address. make sure your new home/apt has your name in the mail box.

Quote:

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Originally Posted by gc4a_k

is it a new construction or an existing one. for new construction you will have to wait till closing as address is updated in USPS database only after closing and even that takes up to a week.

for exisiting home/apartment you can go ahead and change the address. make sure your new home/apt has your name in the mail box.

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It is an existing apartment - lease starts Mar-26th. Have heard that it takes USCIS 7 days to update the address in their system and my situation is that I may have to reschedule my FP appointment date with my new address since my FP date is on 3-30 (earlier walk-in was denied) in the current state. Thank you.

Quote:

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Originally Posted by luckycub

It is an existing apartment - lease starts Mar-26th. Have heard that it takes USCIS 7 days to update the address in their system and my situation is that I may have to reschedule my FP appointment date with my new address since my FP date is on 3-30 (earlier walk-in was denied) in the current state. Thank you.

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Yes it takes them 7 days to update. in my case, when i went for my FP appt, the address shown in the screen was the old one even though i got mail from USCIS that my address has been changed. the lady in ASC told me that they cannnot change the address over there. i went ahead and got my FP done. still waiting for my EAD/AP approval.

USCIS FY2011 Highlights Report shows improved performance since 2009 :
http://www.uscis.gov/USCIS/About%20U...s%20Report.pdf

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Originally Posted by gc4a_k

Yes it takes them 7 days to update. in my case, when i went for my FP appt, the address shown in the screen was the old one even though i got mail from USCIS that my address has been changed. the lady in ASC told me that they cannnot change the address over there. i went ahead and got my FP done. still waiting for my EAD/AP approval.

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Thank you. Was yours done in the same ASC or different? Did you reschedule your FP appt?

went to elizabeth, nj asc and i didnot reschedule. now that i think about it, i probably should have. this way all the depts would have the same address and probably would be easier (no confusion) to handle the case.

Quote:

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Originally Posted by gc4a_k

went to elizabeth, nj asc and i didnot reschedule. now that i think about it, i probably should have. this way all the depts would have the same address and probably would be easier (no confusion) to handle the case.

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FYI, my FP was done on March 2nd.

Hi all,

I have been checking out this forum from past couple of months and learned so much...People in here have terrific knowledge and theories. Admins are doing excellent job. Please keep up the good work..

I was looking through I-485 approvals in the tracker and observed some approvals for EB2 I&C with priority dates in the last quarter of 2008, most promising one being of 12/30/2008. While it by no means indicates that all petitions before the said date have been approved, but its indeed a good sign that USCIS is approving some cases with priority dates in the last quarter of 2008. Does anybody know when the spillover kicks in? Is it every quarter or in the last two quarters?

Quote:

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Originally Posted by avi_july2010

Hi all,

I have been checking out this forum from past couple of months and learned so much...People in here have terrific knowledge and theories. Admins are doing excellent job. Please keep up the good work..

I was looking through I-485 approvals in the tracker and observed some approvals for EB2 I&C with priority dates in the last quarter of 2008, most promising one being of 12/30/2008. While it by no means indicates that all petitions before the said date have been approved, but its indeed a good sign that USCIS is approving some cases with priority dates in the last quarter of 2008. Does anybody know when the spillover kicks in? Is it every quarter or in the last two quarters?

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My understanding is that, from this year onwards they are doing it on Quaterly basis. Since we are in the middle of the FY2012, you can expect that they might have already allocated 50-60% of visas based on the quaterly spillover rules.

Is there a report on Visa Numbers used so far by DOS ?
Last I heard CO saying in January 2012, that they reached 39% not sure how much they reached now and is there any possible movement in May Visa Bulletin.

Please share your thoughts !!

Quote:

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Originally Posted by mesan123

So this should ease your tensions....ENJOY the day

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Absolutely - All relaxed , but will strive my best to help our community with more answers.

Summary / Lessons -

L1 / L2 officers don't have right set of Information maybe within 1-2 days of your updates. So please RESIST calling them.

2011 USCIS Highlights

http://www.uscis.gov/USCIS/About%20U...s%20Report.pdf

Quote:

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Originally Posted by avi_july2010

Hi all,

I have been checking out this forum from past couple of months and learned so much...People in here have terrific knowledge and theories. Admins are doing excellent job. Please keep up the good work..

I was looking through I-485 approvals in the tracker and observed some approvals for EB2 I&C with priority dates in the last quarter of 2008, most promising one being of 12/30/2008. While it by no means indicates that all petitions before the said date have been approved, but its indeed a good sign that USCIS is approving some cases with priority dates in the last quarter of 2008. Does anybody know when the spillover kicks in? Is it every quarter or in the last two quarters?

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Quote:

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Originally Posted by YTeleven

My understanding is that, from this year onwards they are doing it on Quaterly basis. Since we are in the middle of the FY2012, you can expect that they might have already allocated 50-60% of visas based on the quaterly spillover rules.

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First of all, welcome to both of you.

In my opinion USCIS can do QSP only when EB1 and ER2ROW demand is less than the allowed numbers in a particular quarter.

Please note that the demand can vary widely from one quarter to the next, depending on USCIS processing speed.

I want to know how USCIS is able to approve so may EB2I 485s lately. I was following trackiit thread of jan eb2i filers and they are reporting a relatively busy weekend. I am saying realtively coz it might be normal during the last quarter of a FY but from my experience its unprecendented during other quarters. It can be attirbuted to one of the two things (1) More and more recent EB2I filers are adding/updateing their cases on trackitt (2) USCIS is doing QSP. For (2), I was of the assumption that QSP happens after the quarter ends (which in this case wud be April). I guess I am wrong. Gurus, is there any better explanation on the recent trend? Also trackitt SS of jan filers indicate that 9% got their GCs.

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Originally Posted by sujan_vatrapu

I want to know how USCIS is able to approve so may EB2I 485s lately. I was following trackiit thread of jan eb2i filers and they are reporting a relatively busy weekend. I am saying realtively coz it might be normal during the last quarter of a FY but from my experience its unprecendented during other quarters. It can be attirbuted to one of the two things (1) More and more recent EB2I filers are adding/updateing their cases on trackitt (2) USCIS is doing QSP. For (2), I was of the assumption that QSP happens after the quarter ends (which in this case wud be April). I guess I am wrong. Gurus, is there any better explanation on the recent trend? Also trackitt SS of jan filers indicate that 9% got their GCs.

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sujan_vatrapu,

The % of people adding their EB2-I case to Trackitt appears to have doubled compared to the pre July backlog cases.

DOS appear to be using QSP based on estimated amounts, rather than waiting to see the exact numbers available.

I agree the numbers have been even higher in Q2 than they were in Q1. In fact, I suspect very few visas remain in Q2 against the 54% limit for the first half of the year. As a result, I expect the approval rate to slow until April begins and a new quarter's worth of spillover becomes available.

As for January filers, based on Trackitt data, about 4% have received approvals to date. In fact, the number is probably nearer 2.5%, since not all January filers have yet added their case to Trackitt who will do so.

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Originally Posted by Spectator

sujan_vatrapu,

The % of people adding their EB2-I case to Trackitt appears to have doubled compared to the pre July backlog cases.

DOS appear to be using QSP based on estimated amounts, rather than waiting to see the exact numbers available.

I agree the numbers have been even higher in Q2 than they were in Q1. In fact, I suspect very few visas remain in Q2 against the 54% limit for the first half of the year. As a result, I expect the approval rate to slow until April begins and a new quarter's worth of spillover becomes available.

As for January filers, based on Trackitt data, about 4% have received approvals to date. In fact, the number is probably nearer 2.5%, since not all January filers have yet added their case to Trackitt who will do so.

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Whats your guess on what PD we will end up with at the end of this FY? Sounds unbelievable but some people from Dec, 2008 are getting GCs (desperate8 and some other trackitters). Is this a scenario where IOs know that by this FY dates will be around that ballpark and approving cases that are straight forward or is it deja vu 2008 where they approved cases randomly and the dates retrogressed?

based on recent approvals, I'm doing to speculate that dates will retrogress to Mar 2008 at the very latest (i.e. Dec filers). The reason, I feel, is to some semblance of order in PD approvals. Right now its a free for all. Anyone who is current can be approved. I don't have the stats but I'm pretty sure not every 2007 PD is adjudicated (approved or denied). I will also posit that approvals will die down in this quarter and pick back up in Q4 when CO gets a real sense of what his SOFAD is going to be.

It'll be amazing to know how many "real" EB GCs have been given out. We keep hearing 50-60% but I would like a real number.

Quote:

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Originally Posted by vizcard

based on recent approvals, I'm doing to speculate that dates will retrogress to Mar 2008 at the very latest (i.e. Dec filers). The reason, I feel, is to some semblance of order in PD approvals. Right now its a free for all. Anyone who is current can be approved.

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vizcard,

I think it will be a little later than that, although in 2008, to give some breathing room.

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I don't have the stats but I'm pretty sure not every 2007 PD is adjudicated (approved or denied).

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According to my data, a little over 50% of pre 2008 cases remain unapproved.

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I will also posit that approvals will die down in this quarter and pick back up in Q4 when CO gets a real sense of what his SOFAD is going to be.

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Remember, we are still in Q2. I think approvals will continue apace when Q3 begins in April, to the extent that QSP allows. If USCIS continue at the pace they set in February, retrogression would be necessary before the end of Q3 (probably in the June VB).

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It'll be amazing to know how many "real" EB GCs have been given out. We keep hearing 50-60% but I would like a real number.

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If CO sticks to the law, it can't be more than 54% by the end of March. I'm sure they will hit that mark. We'll have a better idea when USCIS publish the Q2 Individual Applications and Petitions data. Unfortunately, that won't be available until May, judging by previous releases.

Hi Guys,

Just found this old thread from trackitt that could explain order (disorder?) of adjudication by officers.

http://www.trackitt.com/uk-discussio...cation-process

If you are wondering that your case is not touched while others filed couple of months after are greened, these could be the reasons..

"boxes that are staged on the shelves are chosen at random by the officers"

"the officer could be hording a box at his desk (for some strange reason) and then goes on vacation"

After reading this I felt much better than refreshing trackitt every other minute..

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If CO sticks to the law, it can't be more than 54% by the end of March. I'm sure they will hit that mark. We'll have a better idea when USCIS publish the Q2 Individual Applications and Petitions data. Unfortunately, that won't be available until May, judging by previous releases.

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I must admit, I didnt read this previously. Am I reading it correctly when I say that 31.5K EB (22.5%) were used up in Q1 (not including CPs) ?

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Originally Posted by vizcard

I must admit, I didnt read this previously. Am I reading it correctly when I say that 31.5K EB (22.5%) were used up in Q1 (not including CPs) ?

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vizcard,

That's correct.

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Originally Posted by Spectator

vizcard,

That's correct.

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So the USCIS is giving out/ will give out almost 45K in Q2 assuming he sticks with the 54% mark. That is a bucket load of visas.

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Originally Posted by vizcard

So the USCIS is giving out/ will give out almost 45K in Q2 assuming he sticks with the 54% mark. That is a bucket load of visas.

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That number doesn't seem correct.

In Q1, USCIS approved 31.5k cases. Adding on a little over 15% CP cases brings the total to the 27% limit of 37.8k.

So it is likely that another 37.8k visas will be approved in Q2, of which USCIS will approve about 85%, or 32k.