Whats the reason for not wanting EAD ?Quote:
Originally Posted by gc2008
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Whats the reason for not wanting EAD ?Quote:
Originally Posted by gc2008
As I mentioned in one of my earlier posts that my attorney warned against using EAD.
As per him In case of denial, person will be out of status right the moment of the denial. Applying for MTR is like nightmare in case of out of status. He said though my application is straight forward and doesnot see any reason for denial but sometimes USCIS deny in error. Hence I am little skeptical in using EAD
Given what you posted, I'm assuming the reason you applied for EAD in the first place was so that your wife could work?Quote:
Originally Posted by gc2008
I would say three things:
1. It's next to impossible July 2010 is going to be current in the next year (unless HR3012 goes through).
2. You need to have your new company apply for Perm right away (or atleast in the next 6 months). You need an approved Perm before you become current.
3. Don't live in fear. Your scenario could happen to anyone of the thousands and thousands of people applying.
Hi vizcard
I think u miss understood my question or answered to somebody else's question.
My pd is in dec2008 and not July 2010. I am not planning to change employer. I already have my EAD.
thanks spec. its a good idea. i have written to my attorney. she will come back to me on Monday. i hope its a risk worth taking. only concern i have with this approach is exactly at what time do they check where an applicant is. if they do it right at the time of receiving the application or during granting the EAD , then this may not work. otherwise, i will be obliged of spec for this lifetime.
My apologies. I did get confused with the dates. I do think dec 2008 will be current in FY 2013 but late.Quote:
Originally Posted by gc2008
Nishant_imt,Quote:
Originally Posted by Nishant_imt
I see from a good reply on Trackitt that concurrent filing without the original LC is not possible. That's very unfortunate.
http://www.foreignlaborcert.doleta.g...qs_3-20-06.pdf
I'm sure you have already seen it, but I post for others benefit.
saw this in trackitt posted by user ajitnair2002
"I was told by my lawyer that there is a fair chance that all those with PD upto mid 2009 should get their GC by Sep. The EB1 spillover for EB2 is still pending and that will come into play from Jul - Sep quarter. So there could be additional 5-8K Visa numbers available and based on the current filing at the end of Feb, That should to take care of PD till 2009 year end. However now since the retrogression is announced , applicants will speed up filing in April, that can take away some of the late 2009 PD cases.
USCIS retrogression is to take an account the pending 485 inventory at the end of April so that they can calculate the available numbers from EB1 spill over"
Guru's, wanted to know if this is possible.
gc4a_k,Quote:
Originally Posted by gc4a_k
I would agree that not all hope is lost for EB1 to contribute a few thousand visas and that, if there are any available, they won't be released until Q4.
That it will take care of PD till 2009 end? - not a chance. At best, the numbers the person is talking about would move the date to mid 2008.
A movement to mid 2009 would need something in the order of 30k visas.
Thanks a lot Spec.
All these while I have been reading in this forum from most of the guru's that there was a good possibility of dates getting moved sometime to June 2011 (people who have got NVC notices) sometime in the the next fiscal year. Now that retrogression is announced, people are very skeptical about the dates movement to even 2010....
Could you please shed some light on what am I missing here?
Some of my co-workers are getting EAD/AP valid for 2 years and some for 1 year only. On what basis they decide to do this. Any correlation with PD here?
Just_Curios,
None of our gurus predicted that the dates will move to June 2011....they were from the begining telling based on the date moments to 2009 and 2010 that at some point it may retrogress.... it was cleared that NVC reciept once fees paid will not be expired....for better understanding you can go few pages before and read in detail....(Just trying to answer your question )
At this point dates wont move...based on CO's statement it will retrogress to Aug 15th 2007....from that point the dates will start moving based on the inventory........the dates moved till now also just because ( my thinking) that CO wanted not to waste visa's and also USCIS processing is always and never was in streamline and there inventory updations( i meant 485 applictaions) was also not 100% correct......
so date movements from now on cannot be predicted untill we get 485 inventory updation from USCIS...as thatz when GURUS can calculate based on the inventory....
Quote:
Originally Posted by just_curious
That's why it's called PREDICTIONQuote:
Originally Posted by just_curious
Quote:
Originally Posted by mesan123
Sorry, my ignorance... Thanks for the explanation, Mesan.....!!!!
just_curious,Quote:
Originally Posted by just_curious
I do not think any of the "Gurus" ever said that the dates will get to June 2011 in the next fiscal year. It is very hard to say that. Most of the Gurus have maintained that the current movement of dates is really beyond what the available visa numbers can sustain.
The general consensus has been that the dates will retrogress from their current COD "May 2010", and settle somewhere around Q1 2008 this fiscal year. Then it will probably take them 2 years to get to May 2010 again.
There have been talks about NVC fee notices and a great deal of anticipation based on that, however, the only way the dates would go into June 2011 are due to following factors:
1. USCIS is really really really slow in processing the existing applications, thereby causing DOS to advance the dates to get more CP cases and use the Visas. This case is doubtful since USCIS has shown great improvement in the processing speed. Once the dates go back, as they are slated to, USCIS has a great amount of time to process them anyways. I think Spectator (Spec), one of the well acclaimed Gurus, can help us with real numbers.
2. There is a huge demand destruction. Meaning, many people who have their labor and 140 approved, have abandoned their quest for I485 owing to job related difficulties or otherwise. Very doubtful. Q, another one of the acclaimed Gurus and the one who started this site, has always expressed his doubts about this one. Though, there are others who swear by this theory.
3. EB2I alone gets a huge amount of SOFAD (spillover, Across, down) visas. Given the trackkit trends analyzed by "Teddy", another well respected of the Gurus, and backed by Spec I think, EB1 is on a rampage and will use most of its own Visas. There is little hope from EB4/5. EB2 ROW has been helping us now, but is not guaranteed in future.
4. CO thinks he wants to. Now there is no telling what he wants or thinks. This could really be our best shot. However, recently, he has mentioned that the dates will go back. No luck there for now.
Sorry to be the bearer of the bad news, but I don't think any of the Gurus really went as far as June 2011 in their own predictions for the next fiscal.
We will really know a lot after the demand data grows and stabilizes after the retrogression. The evil of retrogression is necessary to bring forth the clarity, however much we all may hate it !
Gurus, please correct me if I am wrong.
Thanks for the explanation, pdfeb09.....!!!!
However below are the 2 pointers which make me to blindly believe that dates will again move... I may be wrong...
- Not many applicants during 2008-2010 --This is totally my assumption(totally - no supporting data)
- Processing speed of USCIS
Feel free to thrash my assumptions...
"- Not many applicants during 2008-2010 --This is totally my assumption(totally - no supporting data) " - You are probably right in assuming that the number of applications between late 2008 and end of 2010 are less as compared to other years (2007-late 2008) and 2010- onwards. However, Spectator and others have been working on getting an estimate of the applications based on "Perms" and have already accounted for this sparseness. Gurus like Spec, Teddy, Veni, Kanmani, nishant2200, Vizcard, Imdeng, Suninphx use a ratio called OR (overall ratio) that describes the amount of 485 applications that were delivered by a certain amount of perms. Each has their own OR .. I think..Quote:
Originally Posted by just_curious
This OR, by the way, includes demand destruction, Porting, multiple perms, etc.
A true picture about how many of the perms made it to 485 stage will emerge from the demand data once it grows and stabilizes.
"- Processing Speed Of USCIS" - If the dates retrogress once, USCIS gets a breather. They have to process enough applications to cover all the available visas, but not any more. Again, I think Spectator has found them to be doing a good job.
Spectator, I have used your name in justifying my understanding. Please correct anything that I may have misunderstood or mistakenly associated with you.
No approvals reported today at all! So unnerving.
Gurus,
A friend of mine was asking this... Is it possible for a L2A (L1 dependent) with EAD to have his/her employer sponsor the greencard? If yes, what is the process involved (any links to that info?)
Thankyou for your inputs.
PS: Admins, if this is not the appropriate forum for this question, please move/delete this post.
My organization applied for 485 in Jan(RD ranging from 3rd to 5th) for 5 of us (PDs ranging from Apr-Sep 2008). Two of them got approved last week and the two got approval mails today Morning.Quote:
Originally Posted by ontheedge
I am the only one left.... As I am happy for all four of them, but still so nervous and on the edge, Especially now that dates are set to go back in May, (as my wife says I am in a shell of my own). Picking up fights with everyone (especially the wife) on small matters or shouting/scolding the kids... :(
Wish there was some method to this madness for application processing at USCIS.
Hi Spec, My previous desi company applied for my I-140 using labor substitution in 2007 with EB2I priority date of March 2002 with a copy of PERM asking USCIS to get the original PERM from DOL. USCIS did'nt do it and rejected my I-140 due to original PERM not being provided. It was a non-appelable rejection; my desi company tried through ALIA but it did not work out; so I lost my 2002 PD.Quote:
Originally Posted by Spectator
Now that retrogression to Aug 15 2007 is announced, and imminent in the May 2012 bulletin, I keep thinking "mera number kab aayega"....is retrogression ne saale sab sapno pe paani pher diya. saaala mera number kab aayega? 2012? 2013? 2014 (gulp)?
My opinion: advancing 2 years in 2 months and going back to 4 years again-: To see how many EB2-485 applications(approved and pending) and then formulate some intelligent plan/approach on how to tackle other catagory-EB3. May be that, from now on the spill over of numbers will be distributed evenly to both catagories rather than giving majority to EB2 - so as to make EB3 also progress at some speed.
It is disconcerting...but there's nothing really gained by getting too frustrated, right? Keep your spirits up..and no fighting/ scolding the little ones :) It is PURE LUCK at this point.Quote:
Originally Posted by la_2002_ch
Does anyone know what status is shown in USCIS web page when preadjudicated cases are held in the pending demand file. Does it say post-decision acitivity? Right now when I put in my I-485 SRC# it says status not found. It may take a year before I get my GC, but would love to know that my case has atleast been preadjudicated.
Be positive. Sometimes we view situations like these as problems, but in reality they tend to do some good one way or the other. I know it is easier to say this but in some weird way I have experienced it myself. Your kids, your wife, your family are permanent, this situation is temporary.Quote:
Originally Posted by la_2002_ch
I'd like to apply the adage "dont make permanent decisions based on temporary emotions" here.....probably change it a bit to "dont let temporary aspects of life affect your permanent and certain aspects".
Remember what is in your own hands and focus only on that. We have all been through similar situations but believe me, things are not as bad as they seem to us. There are people whose cases have been denied, jobs lost and even bank balances shattered in the past few years - but all these aspects are still not as important as the well being of their family. My wife was in emergency last Sunday because she got extremely dehydrated after lot of vomiting (she is 7 months pregnant). When she was on I..V.. for about 5 hours in the hospital, and the two days after she came home, I didnt even care about why there were no updates on my EAD..it was simply not important enough to block my mind.
I love Q's approach - dont plan your life around GC (Q, you must make this the forum's motto). I have extended it to "Dont live your life around GC". I am frustrated myself that I will most likely miss out due to retrogression, but I know that I am not alone. There are hundreds of others, and then there are thousands on EB3 too who have been through these frustrations for years, and then there are many others who lost the opportunity to be in the US after getting here and more others who never recieved Visa in the first place to come to US. Putting things in perspective, you are better off than many other people in this world.
Certainly, until now, there has been no way to know whether a case is pre-adjudicated or not, unless an L2 officer happens to tell you. A pre-adjudicated case will still show as "Initial Review". I am not aware that this has changed.Quote:
Originally Posted by gc4a_k
I agree it would be a good idea (and fairly simple to implement) if the on-line system showed this status.
IMHO they dont have any intelligent plan around this. They thought demand was less so moved the dates ahead and now they think visas are less so are moving the dates back. When they moved the dates ahead they moved too much (moving till 2008 end was enough for this years SOFAD, though I'm happy for people getting EADs) and now when they moved back they have moved back too much (aug 2007 was current for last 5 months and most of the folks would have got GCs by now). This is using a sledgehammer to break a nut approach.
Also there is no way EB3 I&C can get spill over unless EB2 I&C are current.
Quote:
Originally Posted by bvsamrat
By law, EB2 will get all visa numbers and only if they cannot be used, they will Spill Down to EB3. The only way that would happen is if there was no demand for AOS+CP (which is impossible at this point in time). So EB3 is not going to get anything from EB2. You can take that to the bank :)Quote:
Originally Posted by bvsamrat
Quote:
Originally Posted by gc4a_k
SpecQuote:
Originally Posted by Spectator
Wouldn't the online system show "Approved" under Decision. I know its not always reliable but theoretically that's what would happen. The Post-Decision activity would be CPO when you become current
They should have moved back to Dec 2008 instead of Aug 2007.
Quote:
Originally Posted by goforgreen
Its not that simple. There was no visibility in to real inventory or demand real time. CO had to advance it significantly to try to get enough applications in. Given historical processing times by USCIS, he couldn't take a chance of losing visas. By moving it 2+ years, he's hoping for enough low hanging fruit to use up quota along with the 2007 cases. Now since the processing rate has picked up, he needs to scale back. (Right from Dec/Jan, CO has been saying tht he might retrogress in May/June).Quote:
Originally Posted by goforgreen
The reason he's moving all the way back to 8/2007 is to ensure that the earliest PDs get GCs first. .
vizcard,Quote:
Originally Posted by vizcard
I don't believe USCIS sees pre-adjudication as a "decision". The Decision status refers to a final decision on the case i.e. an Approval, as far as I am aware.
A pre-adjudicated case can still be subject to RFE before approval.
I don't think I have ever seen a case were a pre-backlog person had a Decision status because they were pre-adjudicated. A "Pre-Processed" status after "Initial Review" would make a lot of sense and save an awful lot of calls to the National Customer Service Center and Infopass appointments.
I agree. I think "Decision" and "post decision activity" is redundant.Quote:
Originally Posted by Spectator
Thanks Spec/Viz.Quote:
Originally Posted by vizcard
"A pre-adjudicated case can still be subject to RFE before approval."
:( i thought that once case is pre-adjudicated "allll is well".
gc4a_k,Quote:
Originally Posted by gc4a_k
The most obvious one, if the case has been pre-adjudicated for a while, is a request for an EVL to ensure the job still exists.
yes and in some cases they call for an interview also (just read that in trackitt and murthy)Quote:
Originally Posted by Spectator
Finally I got my EAD/AP combo card. It is valid for 1 year.
Q/Teddy/Spec and all the other Gurus -
Could someone please answer my question?
I am a Dec filer with PD Nov152007 and lost 100% confidence that i will get my GC before the retro happens in a month. Could you guys please tell me realistically when will i get my GC?
Is it at the end of 2012 or spring of 2013?
I really appreciate your response ...