I thought they are moving quarterly this year, and only 2 quarters quota was utilized so far. Am I wrong?
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Kanmani,
I only mentioned it for sake of completeness. I don't think it is a viable solution.
I have seen cases of COS being approved in various forums, but clearly they are then "landlocked", because they will have a very difficult time getting a Visa stamped to return because of the potential immigrant intent. Having said that, the filing of PERM for a person doesn't meet that threshold. What they would have difficulty with, is proving they have a foreign residence they have no intent of abandoning and that they intend to return at the end of visa period or upon completion of their studies as appropriate.
My 2c.
Thanks Spec.
I heard of situations where parents with previously stamped visitor visas were denied admissions at port of entry after their PR application is filed . I have not seen real time experiences though.
I got a RFE on my 485, so defnitely all the Jan filers, should have hope, as i see that USCIS is still processing applications. Still waiting on my wife application which is still showing as intial review.
PD June 26 '2008
RCVD Date: Jan 9, 2012.
SRC12901058**
I am still waiting on letter, will update.
PUSH- Pray Untill Something Happens!..
sportsfan,
If the government agencies were truly co-ordinated, with the same goals, I would agree with you. But they are not, and DHS and DOS do not work well together.
DOS only primary concern is (a). I don't think they will deliberately make USCIS life difficult, but (b) is not DOS concern if it might interfere with (a). Under use of spillover in EB2 would be seen as a failure. Only USCIS would rank (b) higher than (a).
The COD movement to 01MAY10 will probably bring in the order of 50k new applications, of which not more than 15k might get used this year. That leaves 35k, plus any future porting cases, for FY2013 and beyond.
In a situation where EB5 numbers are increasing and EB1 has come back to full usage and the economy is improving, it is difficult to see where the visas would come for your scenario. EB2-non IC might yield more visas in the near future, but there are limits to that increase.
I honestly can't see the new backlog being cleared until FY2014 under any circumstances.
I think the consensus then is that, he will have to go out of the country if 140 doesn't clear up before his H1 expires. The best he can do then, is minimize his time outside.
Thank you vizcard !
I was afraid about the rule being correct. He does have a good law firm working for his company. The company is huge and is multinational. They are even thinking about moving him to Canada for some time until he can get back in.
Thank you Spectator !
You are the best ! Can he even get to L1A by COS? If there is a chance, his company may even consider it.
No, unfortunately his wife is on H4. I don't think he prefers to go on B1/B2 and neither does his company. Being a huge company, they would rather spend some dough and bring him back in later rather than mess with the law for this particular case. F1 is also out of question since he will have to be a full time student with at least 9 credits registered for a semester, and discharge his office duties (illegal).
I like your suggestion about leaving the country, especially since his company is willing and capable, before his H1 really expires and wait for his I140 to come through. He can then claim to have some time left on his H1 and return immediately and extend his status using 140. Is that possible?
Thanks immi2910 ! Yes, once he gets his labor in hand I 140 will definitely be a premium processing. And you are right, I think I understand what you are saying about leaving the country with some H1 time left, so he can file for extension and return. He will not be able to do that if he lets his H1 expire before going out.
Thank you Kanmani and Spec for exploring this possibility.
Thanks for all your help !!
Spec,
I received a 2 yr combo card.
[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.[/QUOTE]
This is for people like me who after filing in last few months have not got GC, something to lighten the mood and also its friday :-) . The other day I was thinking about the similarities between the gurus here and our Indian cricket team greats
Ganguly - Q, for being the pioneer and captain and giving the confidence to the folks here like Ganguly did to the Indian team of 90s and 2000s
Dravid - Teddy, ever the hard working and disciplined and always a team man sharing credit with others
Laxman - Spec, for his sublime touch and articulation
Sehwag - Soggadu, for not having the time and patience to do analysis (like Sehwag not having the patience for defence and technique) but hitting the ball out for a six with his wit and humour
The million dollar (Mega) question is : If it is so clear that so many applications would come that could take upto 2014 to clear, what made to advance the dates to add so many applications in the first place?.
There may be some other reason or some change in the game plan of allocations or spill over rules.
1. Lack of visibility to actual demand at the time it happened
2. Higher than actual expectation of SOFAD
3. To give as many people EAD as possible
I'm not Spec but my guesstimate is the earliest it'll move past may 2010 is early to mid FY2014.
Call me whatever but i wont rule out election year politics.
Remember the all dates were current in 2007 and big forward movements started in 2011.
One of my friends had remarked(much before i joined the forum and much before i could see any light) that it will move when elections get close.
Again, may or may not be true but i believe it.
Pre-GC India/China people, who number in maybe a couple hundred thousands, who can't even vote, can't even donate to political campaigns are hardly the constituency that the political folks will go out of their way to pander, especially when there is also a slight risk of pissing off the nativist group in the country. I doubt that election year politics has any role to play in PD movement - surely not on the positive side.
I think all of the gurus should throw their thoughts on these two questions in the EB2 predictions link and keep on updating them. The same question will pop up again and again for sure.
=> Approx timeline for current backlog till May 2010 to be cleared
=> When will dates start move past May 2010 to give more people EAD/AP
For 2007 when they made everybody current, there was a conspiracy theory as why they did it and it was that President Bush was pushing an immigration overhaul bill with the help from Sen McCain and the anticipation was that it would pass. Because of that they wanted to clear all the backlogs.
Again a conspiracy theory!
- @codesmith congratulations to you and your family on GC.
- @sportsfan33 I finally got my approval on 15th Mar.
Legal immigrants (especially EB* and H1Bs) are not relevant for Presidential politics. Undocumented immigrants are. One might argue that EB* are future voters but the time has shown that same people later vote based on their ideology than based on a thought of voting against who troubled them during GC process. Otherwise there would have been a big fundraising push against Grr$$leeyy by EB* community. There seems none.
So all these conspiracy theories are futile. Sit back n relax, and let's keep chanting - "mera number kab ayega" (when will I get my number?) !
Hi, This is my first post.
Have a question reg. the EAD approvals in the current scenario. In light of the predictions/confirmation of internal retrogression, I haven't seen any EAD approvals in trackitt 485 tracker (sort by EAD approval date) after March 23rd 2012. So, my question is: if the dates retrogress, what happens to our EAD/AP approvals for most of the recent 485 filers who did nt receive the EAD yet.
If the dates go back to 2007, do I stand to receive the EAD/AP even though my priority date is March 2009 ? Or will the applications be shelved till my PD is current again ?
My current H1 is expiring in Sept 2012. I was hoping to receive the EAD so that I dont have to go through the H1B process again.
Any thoughts are appreciated.
PD: March 14 2009
485 app Recd Dt: Feb 24 2012
No FP notice so far.
Thanks Qesehmk. I somehow feel that suddenly building a huge pile of applications and then waiting for 3 years to get over them and then repeating the process again will not be preferred way if the movement was indeed orchestrated. They will eventually converge on something like letting in as many people as were approved the previous year thereby maintaining a constant backlog at any point. I am not sure how they can do such a thing without breaking current laws.
PD Retrogression has not effect on EAD processing. There are EADs being issued every day - even today several EADs went out. 6 of them went out just from NSC yesterday in trackitt. You might want to check your trackitt search parameters. With 02-24 RD, you should expect EAD most probably in second-third week of April, assuming you are in NSC - TSC is faster by some 20 days right now.
Hi,
I am a recent filer of I485 sent to USCIS on Mar 23th, RD: 03/26/2012, PD: 02/11/2010 EB2.
The below link in murthy says that all I485 needs to wait for approval who all applied after Mar 23rd.
http://murthy.com/nflash/nf_032912.html
Does it mean that if the dates retrogress to Aug 15 2007, the EAD/AP for the recent filers like me has to wait or
will the EAD/AP will be approved as the dates are current as of now.
Please advise
redbull099 : i have been 'trackking' that list everyday, I have seen a lot of EAD approvals , one even came in today 03/30, but of late more of Neb. approvals are coming in, Texas seems to have slowed down. Anyway EAD/AP processing and approval must happen irrespective of 485 PD.
On a lighter note....who is playing Mega Million tonight :)
Will remove this post by night.....
Should We have Q led team for that and play :) ....our Soggadu , Nishanth , Teddy, Spec, kanmani,leo & rest of Q family anyone can join.....
By the way if we win, we can buy our Green Cards in short time.... :)
Hi Guru's ,
I dont understand behind the logic how NSC issueing EAD/AP/FP's. Who applied after Me they got all but I dont get anything as of now. I want to book the flight ticket for my family since they were never see home country around 1275 days.
We live in Bay Area because of that or which reason they are issuing AP/EAD/FP notices whoever applied after me.(TSC people all gets in hand same my date (help :trackitt)
Whenever/whereever always delay after waiting long period of time, getting frustrated.
What is my recived date in that case. please help !!!
FYI..All applied same time .
Acceptance
On February 7, 2012, your fingerprint fee was accepted and we have mailed you a notice
Initial Review
On February 3, 2012, we received this I131 APPLICATION FOR USCIS TRAVEL
Initial Review
On February 3, 2012, we received this I765 APPLICATION FOR EMPLOYMENT
PD: 02/25/2009 RD : 02/03/2012, ND: 02/08/2012: NRD: 02/14/2012.
I already open SR asked to wait 15 more days from 03/18.
Same with my neighbour except his RD:02/08/2012 PD: 02/25/2009
Please help!!!
Once again I tend to agree with sportsfan33. By this year end, previous dates(May 2010) should come back to be current. All the information(such as more EB1s etc. etc. ) is very well known at the time of advancing the date to May2010 . Also CO had hinted long time back about possible retrogression in the coming months It shows that he had a plan.Time will tell!.
It's good to be optimistic but there's also a time to be realistic. They CANNOT make May 2010 current by Dec 2012. It's not numerically possible. It was fuzzy numbers till now but starting now, the DOS and USCIS are dealing with real numbers. Q said he would put an updated analysis in 2 weeks. Please read that.
Dec 2012 === Sep 2008 PDs in a best case scenario (unless HR3012 becomes law)
Not to throw water on your hopes, but nothing will change unless there is change in law. EB2I&C have a wait time of 4-5 years to get GC, except for few lucky people who get in 3+ years that timeframe is going to continue. I dont want to discourage anyone but that is the what I've realised after waiting for 4+ years.
I believe there is no good source for the % of PERMs that are EB2. I was digging through the PDFs on the DOL-ETA OFLC website and found the following two that might be relevant:
http://icert.doleta.gov/includes/mod...et_6_27_11.pdf
http://icert.doleta.gov/includes/mod...ual_Report.pdf
The first PDF shows 37% + 4% of PERMs having MS or above. This is for a random sample of 22k active PERMs as of 5/31/2011. Not broken down by country. You could probably get a better upper bound by seeing what percentage of PERMs are IC as a % of total PERMs. You can then get an upper bound on EB2-IC % by assuming all the MS PERMs were IC. Or haircut it by whatever amount you think is appropriate. Either way, you get an estimate of EB2-IC as % of total PERMs certified.
The second one is an older document but shows on pg 17 that abt 50% of Indian PERMs had a MS or higher and about 60% of Chinese PERMs. So I would probably assume a 50-55% EB2-IC PERM ratio closer to the 50% considering that Indian PERMs far exceed Chinese PERMs.
Also curious what number for EB2% came out of this suggestion in this thread:
It's a pain that we have to guess this crap. DoL has all the numbers cut by country of origin and education levels. Just release the damn thing already.Quote:
12) Prevailing Wage Determination Data
http://www.foreignlaborcert.doleta.g...rterlydata.cfm
The latest addition to the disclosure list. Possibly useful in determining the EB2 to EB3 ratio, since it contains minimum education and experience requirements, but NOT Country data.
I guess once we have the May demand data we will have a better sense of the OR and we can try to speculate what DD is if we use these numbers as estimates for the EB2%, Trackitt data for Dependent ratio and some other estimate for I140 approval rate (this last one is the weak link right now).
This is fun! (Waiting for GC is not fun though - my PERM hasn't even been filed yet - will be later this year - but I like to know what I'm getting into. Let's hope HR3012 passes Senate).
If you are referring to the PWD data, the results can be found here.