Precisely and hence one can assume that the date they are talking about has "practically" zero documentarily qualified 485 cases left.
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sportsfan,
I have been keeping track of this based on Trackitt applications with a Receipt Date of October 2011 or later here.
The figures are :
Oct VB - 62% approved
Nov VB - 57% approved
Dec VB - 47% approved
Jan VB - 11% approved
The numbers might be a bit higher if everybody has not been updating their case with the approval, but it appears most have. For later VBs, the number of applications is till increasing, so the % is actually a bit high.
Had no cases in 2008 been approved, I calculated that the dates would have retrogressed to late December 2007 rather than August 15, 2007.
unfortunately it looks like your situation may end up like someone who file between July 07 - dec 07. These people missed filing in July 07 and had to wait 4 years to file I485. Anyone who missed the current run (Pd after May10) will probably have to wait. Also its not just filing, to be safe from layoff etc you need to have your AoS pending for 6 months which means you need to file this year which seems highly unlikely. You have more than 1 year if your job is in jeopardy search for another one and port your priority date.
Spec/Q-
When spill over is distributed to India/China is it distributed evenly?
Say next year if there is SO of about 14k(doesn't include regular 5.6K) to EB2IC with cut off date-Oct2008 and China has only about say 2K(or 0) demand till that cut off date then literally all spill over will be consumed by Eb2I or to meet "even distribution policy" does CO move dates more?
An interesting post on Trackitt. http://www.trackitt.com/usa-discussi...page/last_page
At least the message is consistent.
NSC is so far ahead of TSC for having approved earlier PD that it wouldn't be a surprise if we see very few NSC approvals.Quote:
I had sent an inquiry to Nebraska few days back and I got the email reply today. Here it is. This email tells that they are not issuing EB2 for anyone till Oct 2012, they didn't mention anything about 15th Aug 2007 too.
Quote:
NSC, NCSC Followup NCSCFollowup.NSC@uscis.dhs.gov
2:07 PM (52 minutes ago)
to me
Greetings,
The current visa bulletin indicates the applicant is eligible to adjust based on the published priority dates. However, there are currently no visas available for their category. The demand for EB2 numbers has increased dramatically during recent months. This was at a much faster rate than had been expected based on the rapid forward movement of the cut-off date. Therefore, it was necessary for the regress of the China/India EB2 category in an attempt to hold number use within the annual limit. This will allow us to maintain availability for those countries which have not yet reached their per-country limit.
Unless there is a drastic change in the current rate of number use, EB2 numbers will not be available until October 1st, under the FY-2013 annual limit. The Department of State is indicating that it will not be possible to speculate on the cut-off date which may apply at that time until sometime in late summer.
Sincere Regards,
USCIS Nebraska Service Center
EX0547
The person has a PD of 30 Oct 2007.
Hi Gurus,
I have a quick question - I am currently using my H1B while we have EAD/AP approved but I-485 pending, does my wife need to apply for H-4 if she does not have a job yet? Thank you.
These are not directly from USCIS or DOS, but they cite DOS as the source of the figures.
I found them through this EB5 blog.
They can be found here.
There does not seem to have been much usage in Q2.
On January 23, 2012 a USCIS document estimated 2,364 had been used as of January 17, 2012.
This document has a figure of 2,405 at the end of February.
Perhaps that explains where some of the QSP was coming from.
Again, it confirms that EB5 usage in FY2011 was 3,463 vs. 1,885 in FY2010.
It isn't strictly necessary.
If her I-94 expires, as long as she has a pending I-485, she will become an AOS Pending Applicant.
This is a period of Authorized Stay.
Some people think maintaining H status is a big deal, while others do not.
If she is planning to use the EAD to work, then it probably doesn't make much sense to extend the H4, because she will lose H4 status as soon as she starts working.
If she is not planning to work, then you might consider it.
Ultimately, it is a personal call.
Hope that helps.
sportsfan33
Well there are many reasons to want GC instead of being satisfied with EAD. With GC
There is no more sword hanging of 485 approval, RFEs, etc
You can pay in state tuition for college
You can travel without issues with any port of entry, any layover city without transit visa
You can naturalize sooner as abx mentioned
No more following Trackitt
Can buy house (ofcourse you can do that on H1 as well but seeing the horror stories of people having to go back at a short notice its just safer, you can call me a worrying desi :-) )
It gives a closure to your long wait of GC
..
Q,
Are you saying, it takes another 4-5 years to get GC with priority date of Sep 2010 ??
I am unable to comprehend it !! Why 4-5 Years .. we are already seeing some approvals from Mid 2009. I was hoping to get it in FY2013.
Same is for applying EAD, When do you guesstimate for dates will move until Sep 2010, just to apply for EAD..
Please suggest !!
tatikonda,
As a rule of thumb, based on the past few year trends, it is usually said that a person in EB2IC category can expect to get the physical GC card in 4-5 years. Q, meant the same and not an additional of 4-5 years from today. These are again guesstimates and one may receive GC before 4-5 years too.
Looking at your post I remember a conversation I had with a good friend of mine in 2005, when I asked him when I'll get GC if I file in EB2 (he had filed sometime in 2002), he said kam se kam 4 saal lagalo (minimum four years). I was shocked, dissapointed, angry and I thought my friend does not like me getting GC sooner. At that time EB2IC was current for some time but since there was no PERM, Labour used to take 2-3 years to get approval and once PERM started severe retrogession started and then July 2007 happened and there was a wait of 4 years for post July 2007 folks to even apply for 485 and get EAD. Now unless HR 3012 passes or unless there is any other legislative relief 4-5 years is the timeframe for EB2IC from priority date.
That is the sad story of EB2 I&C, EB3 is even worse.
AFAIK state resident is for paying tax only, to avail in state tuition you have to be citizen/PR and stay in the state for atleast an year prior to admission, atleast this was the case for the states I lived in, I might be wrong.
Generally when you have to pay tax you are considered a resident and cannot escape any taxes since you are an immigrant but when considering major benefits of residency/citizenship like Instate Tuition, Medicare you are considered a legal alien and have to have GC/Citizenship to avail these benefits. I'm not considering smaller benefits like public libraries, etc. Anyway they have every right to make the rules as they they think will work to their advantage.
Found this on http://www.immigration-law.com/
http://www.uscis.gov/USCIS/Resources...s-2012-feb.pdf
Major receipt volumes in February 2012 include: 117,114 I-765 employment authorizations; 92,371 I-821 temporary protected status; 78,906 I-90 green card renewals/replacements; 58,129 I-130 immediate/all other petitions; 55,926 I-485 applications to adjust status; 40,607 I-131 travel document/advance parole; 20,992 I-129 forms filed.
Not sure where you got your info from about 2009 PDs getting approved. No Feb filers i.e. 2009 PDs have been approved. The last receipt date that was approved (per Trackitt) was somewhere in Jan Wk 3. Also, less than 50% of all applications from Dec+Jan have been greened. You may get EAD in FY2013 but that's a factor of how CO wants to play it. But there's no way you will get greened in FY13 unless HR3012 gets approved. The math just doesn't support it. Most of 2009 will probably not be greened.
Gents,
My first post here, a colleague of mine "October 2008 EB2/India PD " got his I-485 approval today at 1.00 pm. This is 100% confirmed news, I also saw his confirmation status online. Just wanted to let people know here.
Thanks
It takes another 4-5 years to get GC with priority date of Sep 2010 ?? NO?
My take is that it would take 4-5 years from the PD that is maximum 2015 or or by 2014.
Taking into consideration that all the time, quite few % will go under review/RFE etc.
It is quite possible that majority of filed 2009 PDs may get eligible to get GC in FY2013.
Likewise 2010 may stretch to 2013-14, assuming that (post May)2010 PD applications will be in similar numbers as of 2009.
Getting EAD for Sep'2010 in 2013 is comforting.
My PD is Sep' 2010. and Tatikonda we are on the other side of the dates that stopped moving, so I am not expecting to get a chance to file till this whole backlog applications are cleared and that would be some time in 2014.
We would be the ones where we file and get the EAD and GC immediately within the 6 months period in 2014 or 15 with little use of EAD for self or for dependents. So brace up and live life.
Hi Guys,
I applied for I-485 during January and received EAD/AP and FP also done, H1B is valid until early Next Year but visa stamp was expired. My attorney told me that if we use AP to enter then we must update HR with EAD/AP details as it is combo card and i need to work only on EAD.I am getting mixed answers on this. Can any of you who used AP to reenter tell me whether they are working on H1 or EAD. thanks in advance.
Hi, this is also my first post on this forum too.. and am happy to begin by congratulating this one person whose application has managed to fight all odds and arguments.
If they are indeed still approving 2008 PDs, despite all the rhetoric we've been hearing from the 'AILA conversations with CO', then surely there are a lot more #s left? Or the numbers they are referring to are only the formal 5800 quota and spill over is still left? I'm not trying to be overly positive or anything, just very confused really.
USCIS My Case Status site
I was trying to check my case status on line on the uscis web site for my I485 application and it turned me down saying
'Your case can not be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283. '
When called the customer service center today they said the system is not working fine since two months.....
That explains everything....
Hi,
My PD is 08/16/2010 EB2 India. Any wild guesses on when it will become current..
Thanks!!
guys gals and gurus...
one of my friend is aug 28 2007 PD from TSC with a RD of Nov 14 and still waiting for GC...
what do you guys think about his case/approval time frame?
Thanks for the update, did they mention an ETA on fix? Also were they able to trace your applications from a different system when you called?
Will definitely give more respite to know they have your applications safe and it is just the online status that is an issue.
Whole bunch of Feb filers at TSC can't track their status. When I had called for mine, I was told system will be fine in two weeks, that was month ago. EAD and AP status just started showing up after they got approved. Still can't track I-485, I hope after FP is done, it should show up as well.
They were able to find my application and verified my receipt number for I485 when I called the customer service. I hope that means USCIS have the application received and is in processing.
I had my H1b Extn applied in Oct 2011 and the online case status always showed up in Initial stage until now. But my case was approved and the I797 was sent to the Attorney 2 weeks back.
Now I wonder how reliable is the USCIS case status update system?
Looks like I need to call USCIS customer service every time to check on the status of my case.
hello Gurus, Need quick help, My driver's license is expiring and my company's immigration team couldnt track the hard copy of the receipt for H1B extension, they have the number though. How can the driver's license be extended without the actual receipt copy.
Please move it to the appropriate thread.
Thanks, Sweta.