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Obviously the reality is its somewhere in the middle. I do believe that there will be movement in Q4 FY12 and again in Q1 FY13. Whether or not there will be QSP is anyone's guess. But i could see a scenario where we move 2-3 months in Q1 FY2013 and then maybe a month every or every other bulletin until we hit the Q4 SO season.Quote:
Originally Posted by druvraj
Based on trackitt data & assuming CO has not used more than 54% in Q1+Q2 below is my analysis based on trackitt data. Spill Over(SO) is for 7% of trackitt data.
---------- Trackitt 10% 9% 8% 7% Total SO required for 7%(Pending)
Total----->2587 25870 28744 32337 36957
Approved->964 9640 10711 12050 13765
Pending->1624 16240 18042 20300 23200 23200
------Trackitt 10% 9% 8% 7% Total SO required for 7%(Pending)
07 april pd- 5 50 55 62 71 71
07 may pd- 26 260 288 325 371 442
07 jun pd- 30 300 333 375 428 870
07 july pd- 47 400 522 587 671 1541
07 aug pd- 65 650 722 812 928 2469----->CO may be thinking that EB2IC might get 2K in Q3+Q4 which may change.
07 sept pd- 82 820 911 1025 742 3211
07 oct pd- 74 740 822 925 1056 4267
07 nov pd- 79 790 877 987 1128 5395------>5K SO clears till nov 07
07 dec pd- 96 960 1066 1200 1370 6765
08 jan pd- 119 1190 1322 1487 1699 8464
08 feb pd- 101 1010 1122 1262 1442 9906------>10K SO clears till feb 08
08 mar pd- 93 930 1033 1162 1328 11234
08 apr pd- 96 960 1066 1200 1370 12604
08 may pd- 98 980 1088 1200 1399 14003----->14k SO clears till may 08
08 jun pd- 92 920 1022 1150 1313 15316
08 july pd- 67 670 744 837 956 16272
08 aug pd-102 1020 1133 1275 1456 17728----->18k SO clears till aug 08
08 sept pd- 82 820 911 1025 1170 18898
08 oct pd- 76 760 844 950 1085 19983----->20k SO clears till oct 08
08 nov pd- 87 870 966 1087 1242 21225
08 dec pd-106 1060 1177 1325 1513 22738----->23k SO clears till dec 08
Visas used in Q1+Q2(EB1+Eb2+Eb4+EB5)=54k
Remaining for Q3+Q4(Eb1+Eb2+Eb4+Eb5)=46k
--------------------------------Trackitt 10% 9% 8% 7%
Visas used by EB2IC for Q1+Q2 964 9640 10711 12050 13765
Now add 8000-EB2IC carried over from FY2011 as per Oct2011USCIS inventory
----------------------------------Trackitt 10% 9% 8% 7%
Total Visas used by EB2IC for Q1+Q2 N/A 17640 18711 20050 21765
Visas Used by EB1+EB2ROW+EB4+EB5 N/A 36360 35289 33950 32235
EB2IC consumed 18k-22k(+/- 1k) visas in Q1+Q2
EB1+EB2ROW+EB4+EB5 consumed 32k-36k(+/- 1k)
Estimated Usage for Q3+Q4(EB1+EB2ROW+EB4+EB5 ) if Q1+Q2 trend repeats-->32k-36k(+/- 1k) SO to EB2IC-->14k-10k(+/- 1k)
According to CO's retrogression announcement no spill over from EB1 if EB1 Demand increases by 10K in Q3+Q4--assuming CO is correct, then EB2IC may get 2k-4k SO
Hi Gurus,
I already posted my situation but day by day it's taking turns.
To recap -
My PD is Apr 2010 EB2-I and I was eligible to apply I485 on Mar 1'st from IL location from where I have my PERM and 140 approved. My team is now being relocated to NY ( same company, same team, only location change ) and now my Manager in NY asking me to relocate by Apr end. My HR talked to Attorney and tried to convince my manager and asked whether I can stay until 180 days and move in September to NY but my manager is not convinced and so HR asks me to move by Apr end.
when I talked to attorney who did my PERM and she says that GC is for future position and I can be anywhere and so changing location now ( before 180 days ) is OK. But my HR talked to another Attorney who is little higher in position and she says that it is safe not to move. My HR says that they will not change the head count and legal entity until September and so by changing my postal address may affect and they say not 100% safe. I hear mixed opinions from them.
Initially we thought I can be anywhere and so applying 485 on March 1'st and move to NY by Apr end and then invoke AC21 on Sept 1'st should be good because there is no way I can get GC approved with in 180 days.
when my PD becomes current again I will be with same employer but different location but because I invoked AC21 it should be good.
But now they are saying that better to change the physical location after 180 days. so what do you guys think. I can do one thing that I can alone just do travel as my manager wants me in NY by May 1'st without moving my family and that way I don't need to change my address. my HR said they will not change headcount until Sept 1'st so USCIS may not know that I am working from NY.
there is another problem is that my H1B is due for extension by Aug 10'th and so not sure whether they can apply my H1B extension for IL locatin or they have to do for NY.
I am not 100% sure what do they mean by not changing the head count and legal entity ? need to ask my HR. may be they will change my payroll to NY or continue IL. not sure.
I have 2 options
Option 1) move by Apr end and hopefully by that time I will get my ead/ap and FP done and change my address using AR-11 and invoke AC21 in September and just fingers crossed and wait until my PD becomes current after retrogression. assumption here is that I am going by words that I can be anywhere while 485 is pending because in EVL they mentioned that I have intent to work from IL location. Just because I don't see approvall in 180 days changed location with same employer by invoking AC21.
Option 2) just travel between IL and NY until Aug end and don't change address and don't even do H1B extension. If H1B extension then try to do from IL and do amendement in September after I move permanently in September. may need to confirm with HR what does they mean by not changing head count and legel entity until September.
Please suggest.
Gurus, I am awaiting your suggestions.
Thanks much.
Hats off! Great analysis
Quote:
Originally Posted by openaccount
Thanks Q. I'll keep you'll posted. I am glad the Tiger reminded you of something back home.Quote:
Originally Posted by qesehmk
Your third option is to re-start your PERM and I-140 for NY. That being said, I'll comment on your two optionsQuote:
Originally Posted by bee369
Option 1:
Theoretically this is do-able assuming your company is willing to say you are IL employee temporarily working in NY. After 6 months you can do use AC21 and officially change. That's what they mean when they say they won't change head count or legal entity. Remember, any change in the first 180 days needs new PERM, etc. so as long as the status quo can be maintained "on paper", you should be fine. The obvious risk by moving in May is any communication from USCIS will come to your current address. Using AR11 will change your address but if its in another state that will raise red flags. The safe thing to do would be to change your address to someone you know in the same town (close friend, relative, etc.). That way you will be aware of all communication from the USCIS.
Option 2:
This is also an option but a very expensive one. Traveling to-from NY and living here even for a few months really adds up. If you are doing this, you might as well have two residences - one in IL and one in NY .
Thanks viz for ur response, need to find whether my payroll will be on NY or IL when my HR says head count will not be changed. Why because my H1B need to be extended which expires on Aug 10. If I take option 1 by changing to relative address near to my current location or take option 2 by traveling not sure how they will do H1B transfer. May be I can ask them to do for IL first and do amendment after I move to NY officially in September. What do u think ?Quote:
Originally Posted by vizcard
And if I have to take option 3 as u mentioned by redoing PERM and 140 , can I use my AP and can my wife use EAD and AP which we get now in Apr/may until our next perm and 140 is applied until my date becomes current after retro ?
Any inputs Gurus ?
And if I have to take option 3 as u mentioned by redoing PERM and 140 , can I use my AP and can my wife use EAD and AP which we get now in Apr/may until our next perm and 140 is applied until my date becomes current after retro ?
Hi,
My application reached a lockbox facility a few days ago. I assume that we(not employer) will get the receipt number through mail. Is the received date(RD) same as the date on which the application reaches the lockbox facility ? Is the notice date(ND) same as the date on which we receive a receipt number from USCIS TX/NE office ? Also when does the 6 months clock start for utilizing AC21...Is it RD or ND ?
It will be great if someone can answer my questions.
Thanks
You will get the receipt numbers through USPS mail at your address - one envelope for each application type - 485, 756(EAD), 131(AP)
RD is when they received the application. I sent it on 2/1 and my RD is 2/2. My ND is 2/7.
I guess 180 days is from RD??
Quote:
Originally Posted by cricfan
Thanks ..appreciate it..Quote:
Originally Posted by usernameisnotvalid
I received my GC on Feb2012, EB2 India & my priority date is 29Aug2007, filed for my spouse GC through CP, spouse is in India, i-824 approved, NVC received the case on 13Mar2012, I received case# & Invoice# from NVC, I am about to pay the fee and submit DS-230 this week.
May2012 visa bulletin retrogressing to 15Aug2007, my priority date is 29Aug2007, how my case will be impacted?
if my DS-230 approved in April2012, is there any chance to get the interview?
Thank you.
B22369, I had a similar issue last year - when our HQ was relocated to a different state from the location I was in and they shut down the old HQ operations totally. Back then my attorney suggested that I can move to the new location as long as the old location is still operational - and include a letter from the employer stating that my future employment is attached with the old location and I will be returning back to that location in future. In that case I don't have to go thru refiling PERM & I140. But unfortunately, that was not the situation and so they had to refile everything. I moved last Aug.Quote:
Originally Posted by bee369
Your case seems a lot simpler - since your current location is and will be operational. Check with your attorney to see if something like this is possible and what it takes to get that done. I'm not sure how that would impact your switching jobs invoking AC-21 given the fact that the dates are moving back and it would be a while before you get your GC.
Hope that helps.
DOS Confirms Lack of Enough EB2 India / China Visa Numbers
http://www.murthy.com/nflash/nf_032912.html
Question to all experts!!..my PD Is Dec-16-2008, 485 Application was filed on Jan 20, USCIS wrongly rejected saying PD not current, Refiled on Feb2. Seems like my application is now buried in all Feb applications. Does USCIS Process based on PD or are they processing based on applications received? If its the latter, can I do something to push my application up in the queue?
Adios Amigos!!
will see you around 7th-8th May..
Quote:
Originally Posted by openaccount
So just to put this in perspective -
a) People will be able to continue to file 485s through 30th April. They are NOT changing the April bulletin.
b) However we should not expect ANY EB2IC approvals between now and end of April.
c) May 1st onwards some trickle may come down depending on what's teh situation with rest of the world and EB1 in particular.
d) This overall confirms that Sep 2012 dates will hover around Q1 2008.
If I understand the post, it effectively means no forward movement till October visa bulletin. Enjoy the summer and wait for the fall.Quote:
Originally Posted by openaccount
Someone in the DOS that I know very closely (I am from the DC area) vaguely hinted to me over lunch that govt does not particularly like giving GCs to Indians and Chinese so fast. They do believe that it is in their interest to keep them hanging. Please take it with a pinch of salt. It is just a test of our patience. They cannot deny it they can just delay it. Some would argue that Justice delayed is Justice Denied. Do not think that way and enjoy the summer with family and friends. We will all get it starting Oct or worst case next June.
Q, approvals will come but for only PD < Aug 15 2007 till Apr 30, after May 1 that is the date that is most likely going to be current so again approvals for only PD < Aug 15 2007. What I'm wondering is will they move dates starting in July or only in Oct. They are clearly throttling EB2IC, the question till when they will continue to do so. In a way this is good for people with PD < Aug 2007, they will get greened without losing visas to folks with PD of 2009.Quote:
Originally Posted by qesehmk
My PD is JUL 31 2007. With reference to "point b)" above, In general, should I also expect to not to see any progress during april month. ofcouse anything can happen but just would like to see your opinion.Quote:
Originally Posted by qesehmk
Yes, and DOS is just following the law as it is. I dont think CO particuarly hates or likes any nationalities or immigrant group. He is trying to make sure no visas are wasted at the same time no country gets more than the share allowed as per law. During this people from Dec 2008 can get GC while people from July 2007 can get left hanging, its all luck, the same thing happened in 2008, people with PD of 2006 got greened while people with PD of 2004 were waiting. Now that throttling has started I hope there is a controlled movement and people get GCs in order of their PDs.Quote:
Originally Posted by sportsfan33
goforgreen - yes. i agree. But the cases w PD prior to 15 Aug 2007 are very few. They can't and will not keep the dates at 15 Aug 2007 for more than 3 months. Come July Bulletin the date will move forward.Sorry .... you got a chance of approval since you are prior to the proposed PD. Wonder why are you stuck? Did you call USICIS ? Talked to your senator?Quote:
Originally Posted by goforgreen
Quote:
Originally Posted by kumar19
CO is a very competent person IMHO who is doing his job as his superiors expect him to do. In fact, this is not about ANY individual liking or not liking Indians or Chinese. This is about policies and institutional philosophy of what is in the best interest of USA. I do think ther eis a bias against Indians and Chinese and I do think it is institutional. I also happen to think that individuals working at State Dept are generally quite competent and that none of these movements forwards backward are haphazard. I think they are very well orchestrated movements.Quote:
Originally Posted by goforgreen
Not sure if you got your answer but I'll try to answer anyway. The USCIS loosely processes based on RD but its a grey area there as well. Bottom line is the difference between a Jan 20 filing and a Feb 2 filing is not much in the big scheme of things. Now with retrogression, you can be sure that you will not be short-changed. If approved, you will definitely get your GC before 2009 PDs (give or take considering you are almost a 2009 PD anyway).Quote:
Originally Posted by gc_dec_2008
There is nothing you can do now to push your case and as I mentioned above, its not going to matter anyway. The options available to "push" the case are available to everyone. Those ofcourse being talking to your Congressmen.
I am not an expert but just my 2 cents...don't mean to invoke fear or anxiety in anyone.Quote:
Originally Posted by qesehmk
I think, this FY's resting point maybe anywhere between Q4, '07 and Q1, '08, based on the spillover available. But next FY, I think the spillover may start only late like previous years.
If you think about it, this year may not be a QSP, in its true sense. When EB2-I/C dates moved forward between Oct-Mar, all the new applications that were received during the period were treated as current like any other category that is current (EB1,EB2-ROW) and if they cleared the scrutiny got allocated a visa number immediately like any other current category. They realized, by now, EB2-I/C has overshot the numbers for the year and are retrogressing. At this point only, they are taking the allocation for the category truly into consideration.
Now that the pipeline is built and the category may not be current anytime sooner, the same process of MSP or QSP may not occur until such time it becomes current again, if at all.
This is just my thought process...feel free to tear it apart.
Q, that was very well put. none of these movements are haphazard.Quote:
Originally Posted by qesehmk
Gurus,
it's been a while since I got my notices for EAD, AP and 485. still don't see them on the website, is this still an issue with most feb filers and beyond?
TSC filers are facing this problem. NSC filers are able to track cases.Quote:
Originally Posted by mbasense
Quote:
Originally Posted by sportsfan33
Sportsfan33 thank you for your comments. Just small clarification though I never used the word "hate". Please go back and read my post carefully. I never also never said that people in DOS are incompetant. All that I am saying is that US government is not very inclined in giving GC to Indians and Chinese so fast. Remember the irish clause that suddenly came up in the immigration. Will there be such clause for I&C. I don't think so. The lobbying that went into getting that that clause is just unprecedented.
Again just re-iterate the fact that some people feel are misguided, I never used the word hate for I believe it is a very strong word. I never used the word dislike too. What we have is law on our side and that is why i said we will get it sooner or later. Just think from the govt perspective we are not good voting block that they can take advantage of, we are very competitive and we are changing the demography of this nation.
Sportsfan33 please do not take so much salt as it is not good for health!!!! Good luck and all the best.
Somebody asked this question before I guess, I am not sure. Why doesn't CO make it 'U' instead of 15-Aug-2007? I mean that is what they are saying right? No Visas available.
Or Is it that they cannot modify the published VB and somehow expect some visa availability in first 7-8 days of April to publish May's VB with PD 15-Aug-2007.
I am totally confused.
what you posted is definitely the worst case scenario. I do think we will see some minor movement in Q1 FY 2013.Quote:
Originally Posted by mysati
Sportsfan - I agree with everything you said except the "2009 filers getting greened before March 2013" bit. Depending on the amount of demand destruction, we could see all of 2009 cleared by SEPT 2013. I doubt all of 2009 will get cleared anyway but it will definitely not happen in March.
The alternative to what has happened was a very controlled forward movement in the Cut Off Dates. Dates probably wouldn't have to move beyond the end of 2008 and retrogression would have been milder.
Ultimately, the visas would still have been used for the year, with the very outside possibility of a small amount of spillover falling to EB3 if USCIS didn't do their job.
The downside for DOS would be no great Inventory build up and the need to keep repeating the process every year, with the uncertainties associated with it.
The considerable downside for the applicants would be that PD2009 - May 2010 filers (at the very least) would still be waiting to file I-485. No possibility of AC21, no AP and no EAD for derivatives, more children aged out etc etc.
Large COD movement always meant a large retrogression because the number of visas available in FY2012 was a semi-fixed amount which could never cover approval of all filings.
Which cake did people want?
I have this question rising in my mind more out frustration and that is
Is there a better strategy of moving dates than what DOS and USCIS follow right now?
I mean in 2007, they made everyone current and then retrogressed the dates severely. That move did help lot of people to get their EAD but there were many more who were unlucky and had to wait very long. This year, they did the same thing and advanced dates very rapidly. Again, good for many people and there will be many unlucky ones who will be waiting for long time again.
If they keep following the same strategy, they will advance the dates rapidly again when they hit May 1, 2010 and experience a demand cliff in future and then obviously retrogress the dates severely.
Shouldn't the USCIS and DOS have any better way of knowing the demand than keep going through this Rapid Forward Movement followed by Severe Retrogression cycle?
Great post Spec!Quote:
Originally Posted by Spectator
Can you please conduct some tranining sessions(online) on 'articulation skills' for people like me? :)
All Gurus, Please Help ! I know this is not the right thread for this question, but am posting it here for the visibility.
One of my friends is in the following situation:
1. 6th year of H1B and filed his labor during the 6th year. H1B expires in June sometime. If he captures some of the time spent outside the country, it may get him to start/mid August 2012.
2. Labor went into a random Audit. From the trackit trends that he observed and from talking to his attorney, he thinks it will set his labor decision back by at least 4 months.
3. According to him (I don't know the source), if you have filed your labor in the 6th year of H1B, you cannot get an extension of 1 year even if the labor is cleared. You have to have your 140 cleared and apply for 3 years.
4. Given all this, if his labor decision extends beyond July/August (beyond his H1b), what are his options to continue to stay in the country and continue with his GC process? His company is more than willing to keep him and will go extra miles if they have to (so long as everything is legal).
PS: I have already given him the address to this site and asked him to follow and pose the question.
the rule your friend is referring to is correct. You have to have applied 366 days before your H1B expires. I don't see any way of staying in the country once his H1B expires. Now if he wants to keep working for this company (and if his company wants him), they might have to literally go the extra mile.Quote:
Originally Posted by pdfeb09
Is it a multi-national company and whats his role ? He could potentially transfer to another office overseas (or in India) and return after a year with a brand new H1 or L1. If he comes as a L1, he doesn't need to go through the labor anyway. Ofcourse this doesn't help him stay in the country.
He is corect that, pending or approved, the PERM must have been submitted and received at least 365 days prior to the date the extension takes effect to qualify for a 1 year extension. The approval of the PERM doesn't confer any advantage at all, unlike the I-140.Quote:
Originally Posted by pdfeb09
The best option IMO if the I-140 is not approved in time is to leave the USA and work remotely until the I-140 is approved (preferably with PP).
Alternatively, he could leave the USA for the number of days to make up to 365 days. In that case, he could claim back the days spent outside the USA and the 1 year extension together. It depends how many days short he is. I suspect that may be too long from the tone of your post.
Other options would be to a COS to L1A (with a 7 year limit), but that is a fairly unlikely scenario.
If the spouse is also on H1B, then COS to H4 and stopping working is an option.
Ultimately it is either leave the USA or change status. I don't like the B1/2 or F1 options - that is gaming the system IMO. There is always the possibility of denial, leaving him out of status and accumulating unlawful presence.
It's a tough place to be.
I-140 premium takes 2 to 3 weeks. So as soon as his Labor is approved he should file premium I-140 and then extend his H1. If labor approval happens after Jul/Aug he will have to remain outside of USA until his labor is approved; I-140 approved and extension filed.Quote:
Originally Posted by pdfeb09
Sportsfan, I agree with what you said. And I am anticipating that next year too they will follow a MSP or QSP just to clear out as many cases as possible to avoid renewing EADs and APs for free :). Bottom line as you said is that with so much work load on them already, I am sure they will not be foolish to spend time on renewing EADs for free which is an easily avoidable extra work. And without MSP or QSP, I don't see how they will be able to give out GCs for so many by this time next year. Let us wait and watch.
Quote:
Originally Posted by sportsfan33
Spec
Having been started the process of PR , is it possible for the individual to convert to B1/F1 which are non-dual intent category?
CO hinted pretty heavily in a statement some time ago that USCIS were squealing about the possibility of having to renew EAD/AP for free. CO was more concerned, rightly so at the time, about USCIS capacity to approve enough cases in time. I believe that is, in part, why USCIS started approving EB2-IC cases so quickly and in the numbers they have. Essentially, they were told to "put up or shut up".
Besides, USCIS had the option to grant 2 year EAD cards - it appears they chose not to pursue that route, or perhaps a 2 year combi card with AP is not available. I've never seen a confirmed report of one being issued.
I certainly have seen people with a current PD being issued 2 year EAD cards and know one personally.