guys... please shed some light on this...
http://www.qesehmk.org/forums/showth...6661#post26661
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guys... please shed some light on this...
http://www.qesehmk.org/forums/showth...6661#post26661
I don't think there's much more to say than what Q posted there.Quote:
Originally Posted by soggadu
Gurus,
My I-485 was filed on 4/17 and i haven't received the receipt notice yet. If i don't receive it by 30th when the dates are retrogressing, would i be "missing the boat"?
Thanks in Advance.
It turns out this was a false alarm. The user posted this on their profile comments:Quote:
Originally Posted by feedmyback
Quote:
Posted by matrixminder on 25 Apr 2012
Sorry fellas, got too excited with "Card Ordered" status and overlooked it was for I-765 and I - 131. Both are approved and email from USCIS that USPS picked my card which I believe is EAD approval and I will get it within 30 days. I will move this to other section...I don't know how long before I get the card.
And yes, it is EB2-I AOS...I still can't see I-485 status with the receipt number so I am assuming it's pending status...sorry for confusion again...hopefully it won't be long wait...any idea? ...Thanks!
Nishant_imt,Quote:
Originally Posted by Nishant_imt
I know it is a stressful time, but try not to worry unduly.
It is the day that USCIS received the application that is important, rather than when they get around to sending out the Receipt Notice.
Hopefully, your lawyers have proof of delivery date. It does seem to take some time to receive the actual Receipt Notice.
Good Luck.
I don't think it should be an issue. As GC is for a future job, it does not matter whom you work for now.Quote:
Originally Posted by krishnav
Thanks God!
This reinstates my trust in the system! It is perfect!
Quote:
Originally Posted by Spectator
As always, Thanks Much Spec. I hope the lawyer has the tracking info.
Hi Everyone,
I have reading an article on "Sunset of Non-Minister Religious Worker Immigration Law and Advisory for Earliest Filing of I-485 Applications"
Looks like every Fiscal year, these programs should get federal fund and Congress should approve it so that it continues to process, otherwise it is going to shutdown. It appears to me that, EB4 program might get effected by this.
The thought might be cruel/ugly but if this happens, is it going to benefit EB2.
do we get spill over from EB4.
Sorry Guys to ask this question.
Nothing wrong in what u said. No need to be sorry. This should add 1-2 k to eb4 spillover. I believe eb4 doesn't yield. Anything today.Quote:
Originally Posted by tatikonda
Hi Kanmani/Guru's,
We (My self/wife) just pop up I-485 RFE in SMS , How long take time to get physical notice and is it going to get Attorney or my home (Got EAD/AP/FInger prints came to my home directly) .
Also what type of RFE , any idea ? what is the response time, I already booked the flight ticket , can I travel using AP or can we respond after came to USA?
Please advise!!!
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Request for Evidence
On April 26, 2012, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service
No way to tell till you actually get the hard copy RFE. I believe you will get that in 7 days or so...could be longer.Quote:
Originally Posted by anish5
You can travel on AP and respond when you get back as long its within the time to respond (90 days I think)
I have received my EAD last week and I am working on H1B with my GC sponsored employer .My H1B is expiring next month . I am getting salary of 80K per annum on my H1B .But my Perm prevailing wage says 54$ per hour . If I start work using my EAD , Does my employer need to pay the prevailing wage as stated in my PERM ? or Can he pay me the same wage(80K pa) what I am getting right now ?
Thanks
Sorry to post something off-topic but I think this can help people who want to change their jobs and still want to retain their PD even if their I-140 is revoked by the previous employer. (unless it is revoked for fraud or willful misrepresentation). I believe this will not only help the people who are porting from EB-3 to EB-2 but also people in EB-2 who also want to change the jobs.
Below is a link for the video from Immigration Lawyer Rajiv Khanna which throws some light on this. The document in the video was released by NSC after a Teleconference on 04/12/2012 and talks about the policy they (TSC and NSC) follow. This was also reported on Oh Law Firm Website by Attorney Mathew Oh few days ago also.
I am not sure if people were already aware of this before. At least, not me. I always thought that if you change your job and go to a new employer and if the old employer revokes your I-140 for any reason, than you lose your PD. I guess I was wrong.
There is one caveat though. If you are seeking H1B extension beyond 6 years than you can not do that on revoked I-140.
http://www.youtube.com/watch?v=TsVVo...layer_embedded
This is what Oh Law Firm website said.
04/25/2012: I-140 Earlier Priority Date Recapture in the Context of Withdrawal of Approved Earlier I-140 by Earlier Employer
In order to tackle the insurmountable hurdle for EB-3 employment-based immigration, Indian and Chinese professionals have been seeking EB-2 labor certification and EB-2 I-140 petition through new employers and they have been agonizing to find answer to a question as to whether they could recapture the earlier priority date which was retained through the former employer but afterward revoked by withdrawal of the approved I-140 petition by the former employer. This issue is handled, from time to time, by adjudicators differently, leading to denial of recapture despite of the language in the USCIS regulation which gives a right for the alien beneficiary to retain earlier priority date unless the approved petition is revoked for fraud or misrepresentation. Under the immigration statute, the employer does not have any authority to revoke the government decision and only the agencies can revoke the decisions. The employers can withdraw the approved petitions and based on the withdrawal, the agencies can revoke the approved petitions. In such context, the agency is revoking the approved petition not, repeat not based on fraud or misrepresentation. Therefore, the retained priority date should not be affected in the latter context. In the AILA and Nebraska Service Center liaison minute of 04/12/2012 which has just been released, the Nebraska Service Center confirms that Texas and NSC centers adhere to retaining the earlier priority date unless the I-140 was revoked for fraud or willful misrepresentation and not for withdrawal of the approved petition by the employer. The agency's liaison opinion is not a binding rule but at least reflects their practice. Good to know, but those who face such decision should seek legal counsel.
This raised a question in my mind. Suppose if I change my job and go from Employer A to Employer B and if Employer A revokes my I-140 (not for fraud or willful misrepresentation) than I understand that I would be able to retain my PD. But in order to do that, does the job description has to be similar with Employer B also?
I am asking this because one of my Physician friend is currently working as a General Internist and has a traditional Internal Medicine Practice (meaning seeing patients in his office and also going to hospital to see patients). He is wanting to change the job and work exclusively in the inpatient setting (seeing patients only in hospital, no more office hours). He has an approved LC and I-140 under EB2I with Employer A but the job description will be different if he goes to Employer B since he is going to have only inpatient duties. Should he change his job or not?
Thanks in advance.
Jonty,Quote:
Originally Posted by Jonty Rhodes
My take on this issue.
A job being the same or similar is only an issue when a person is using I-140 Portability under AC-21 because an I-485 has been pending at least 180 days. When this is the case, no new PERM or I-140 is being approved for the new position and the job is required to be similar to the PERM/I-140 it is being based on.
I would argue that your example would fall under the definition of "similar" anyway. The requirement is not that the job be "identical".
Where the new job has its own new PERM (if required) and I-140, then there is no requirement for the job to be similar to that of the previously approved I-140 to recapture the earlier PD.
The USCIS Adjudicators Field Manual deals with the issues in Chapter 22.2 (d).
There is also a section on a PD based on an earlier petition.Quote:
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien's priority date is established by the filing of the labor certification, once the alien's Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
I think the example makes it quite clear that the later petition does not need to be similar to the originally approved petition to retain the PD.Quote:
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example: Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
Srinidhi,Quote:
Originally Posted by srinidhi
The salary noted in the perm which was accepted by the employer to pay you is for the future employment after you obtain ur GC.
Kanmani,
If you don't mind could you please share the reason for your RFE?
AnishQuote:
Originally Posted by anish5
what is your RD and service center?
Thank you Vizcard, Will update you once get the RFE in hand.Quote:
Originally Posted by vizcard
I was thinking to respond after my vacation but let see the dates are confomrtable with in range.
Sorry Spec. I thanked you earlier in one of my posts but I think Kanmani moved the Vaccination RFE thread to Post-485 filing section and by mistake, my post thanking you was also moved with that thread. So posting the appreciation again.Quote:
Originally Posted by Spectator
Thanks a lot Spec. As always, you are right on target. Thanks again. :o
Lazy lawyers huhhhhh. So you are not the only one. My H1B extension and eventually PERM got delayed for 11 months just because of the lazy lawyer and her lazy paralegal. She filed my LCA under Bachelor's Degree instead of MD, put my date of birth wrong, my address wrong, my passport expiration dates wrong during my H1B extension. Finally, after 2 months of trying to contact her, she responded and I had to send new documents and had to upgrade my H1B to premium processing. When it came to file for PERM, she put wrong advertisements without letting the hospital know and later on had to withdraw. Hospital fired her and we have a new lawyer now but because of her and her paralegal's incompetency, my PD ended up being in Middle of May, 2011 instead of June, 2010.Quote:
Originally Posted by Kanmani
Anyways, enough of my ranting. Good luck to you.
USCIS Dashboard has been updated for Jan, 12 and Feb, 12. It looks like there is a significant reduction in I-140 receipts as compared to Jan, 11 and Feb, 11.
vedu,Quote:
Originally Posted by vedu
Thanks for the heads up.
I have been looking for over a month for that to happen.
Thanks...am I right in thinking that this doesn't have any predictive value?Quote:
Originally Posted by vedu
Friends,
Over the weekend i updated the header. Basically I looked at trackitt trend, prior year approvals. What I found alarming is EB1 approval rate this year, consumption of EB2IC and EB2ROW steadfastness. Together those things mean only one thing for EB2IC - the dates will not go past 2007 during the remainder of 2012. I am sorry to say this - but I am fairly certain about this and would like to be proven wrong.
Anyway check out the header for the trackitt trend checker.
Thanks for your post Q. So if this is the harsh reality, let me take a potshot at what 2013 is going to look like (I am sure the demand data that will be released next month, or in a week will give us a lot of info).
There are essentially around 5K filers with PD prior to 01-Jan-2008 (as Teddy had also alluded to in one of his posts and also based on a calculation which is as follows).
From April 15-Oct 30, 2007 (from trackitt and other sources, 65% of the filers have been approved, assuming 5% difficult cases, 30% remain in the system)
From Nov 1 - Dec 31, 2007 (50% of filers have been approved, assuming 5% difficult cases, 45% remain in the system)
From Jan 1 - March 15, 2008 (50% of filers have been approved, assuming 5% difficult cases, 45% remain in the system)
From March 16, 2008 - June 30, 2008 (12% of filers have been approved, assuming 5% difficult cases, 83% remain in the system)
From July 1, 2008 - Dec 30, 2008 (9% of filers have been approved, assuming 5% difficult cases, 86% remain in the system)
Assuming that there is not much Demand Destruction until end of 2008 and EB2IC is pretty strong until then, lets go with 1800 a month including porting.
Until Dec 31, 2007
(6.5 months * 0.3 + 2 *0.45)*1800 = 5130 until the end of 2007 (kind of re-affirms the 5K filers in the system until Dec 31, 2007)
From Jan 1, 2008 to mid 2008 (lets say June 30, 2008) we have
(2.5 months * 0.45 + 3.5 * 0.83)*1800 = 7254
In entire 2008 (Jan 1, 2008 to Dec 31, 2008) we have
(2.5 months * 0.45 + 3.5 * 0.83 + 6 * 0.86)*1800 = 16542
So, my guess is that when EB2IC gets its usual 5600 per year in oct 2012, the dates should cross in Jan 2008 barely or just about. After that approx 7-8K visas will be needed to clear cases until mid 2008 and approx 17000 visas will be needed to clear all 2008 cases.
So a dull year like 2012, if it repeats in 2013 and we get like 20K visas (the 20K includes our standard 5.6K visas per year), then we may end up at Nov 2008 since we need 5130+16542=21672 visas to clear out entire 2008.
So if we get 0 Sofad + 5.6K we will land at Dec 2007 by end of FY 2013
If we get 7 K sofad + 5.6 K we will land at June 30, 2008
If we get 17 K sofad + 5.6 K we will land at Dec 30, 2008
Cheers and Have a great Sunday
Murali
what does a processing time of 8.1 months mean on the USCIS website? (at the same page where we can check the case status too).
does it mean that a person who applied the 485 on oct 1st 2011 , should be processed by jun 3rd 2012 ?
This seems to be different than the one posted on https://egov.uscis.gov/cris/processi...lay.do(updated apr 23 2012)
my question is, can a applicant inquire his case status using the first one with uscis , instead of by a particular date, ie like Aug 11 2012 ?
Murali - Seems logical given the assumptions. There is a lot of info that we should be getting in the next few weeks that'll help the analysis. Demand data ofcourse and then the next VB. If we DON'T go "U" for the rest of the year, then some of that April 2007 - Aug 2007 demand could go away.
I do believe we will end up in Q1 2009 at the end of FY13. I can't imagine EB1 maintaining this torrid pace in to next year. Also, I'm not sure what's going with the EB4 category..maybe we'll see something there. The key ofcourse continues to be will CO use QSP or wait till Q3 or Q4.
Murali - good thoughts and calculations. I agree.
Dec 2008 by Sep 2013 is a certainty IMHO. Possibly it could be better than that. The simple reason behind this is that ... the demand waxes and wanes between years. So last year EB1 only received 25K. So it is imperative that this year they will more than utilize their quota. EB2ROW on the other hand is steadfast and probably will not yield a whole lot either this year or next.
p.s. - Check out the S Korea EB usage. Its almost 13K for 2011. I think that is a good example of arbitratry interpretation of 7% country limit by USCIS. I think we should be happy for them. However , it would be more equitable if EB visas were strictly FIFO within a category to begin with and without any limit for at least certain categories such as EB1. Why should there be any limit on people with extraordinary abilities?
Quote:
Originally Posted by murali83
Thanks Q. One question though ( vizcard had also mentioned this about EB1).
I am not sure where to look, how many pending eb1's where there at the end of fy2011.
Is the total demand for eb1 same in fy2011 and fy2012.
If thats the case then that is good news. Since they will all be cleared by sep 2012.
Then in 2013 eb1 can yield sofad even if demand stays same since there will be almost 0 carryover from this year. If their usage is going increase or is showing signs of that from i-140 inventory then all bets are off wrt to eb1 yielding anything.
Vizcard, even after aila announcement, do you still believe that they will any gc's for eb2-ic. If they are not going to issue visas, then keeping it as U will help us in decreasing some possible porting.Quote:
Originally Posted by vizcard
What are ur thoughts?
Regarding CO, i think or hope he will at least clear the 5k filers in 2007 (they have waited enuf) with the 5.6k annual quota.
After that its anyone's guess.
Murali - 485 pending inventory for Oct 1 2011 shows the pending EB1 then. The total demand always is more or less same for EB1 or any other category. What makes the difference is the processing of the demand is uneven across years. So e.g. last two years the kazarian memo has helped keep EB1 demand in check. LAst year especially much less must have been approved compared to the intake. But in nutshell - EB1 annual demand is easily above 30K every year and can be upto 40K in a good year. Yes I do believe EB1 will stay current. Backlog won't be zero though since some cases are always in processing stage. Generally I would believe thats 3-4 months of inventory. So in an ideal world the full year demand should be 3-4 times the backlog at any time for categories that are current.
EB1 could provide sofad in 2013. But as I said it is difficult to predict given the uneven processing of EB1 demand. So USCIS can suddenly pick up speed or slow down. Who knows?
Quote:
Originally Posted by murali83
Guy'sQuote:
Originally Posted by red200
Ok may be i was not clear in the previous post
It seems from the same USCIS web site , i see two different processing times one which says
Applications are processed before a specific date (now its aug 11 2011) and other
which says processing time for 485 application is 6 months or 8.1 months.
Is there a relation between the two ?
for Example few weeks back the specific date was jun 2011 and the processing time was 8.1 months , but from Jun 2011 to Apr 2012 it is 10 months or more.
which one should we quote when opening a SR with USCIS costumer service ?
Thanks Q, lets hope for the best, as I believe that w.r.t to EB1 giving anything, we have hit rock bottom in 2012, so it can only get better and at worst stay the same. The 32-38K pending inventory that USCIS has for Eb2-IC is almost evenly split, with one half prior to Dec-2008 and the rest from Jan 1, 2009 to April 30, 2010. So overall worst case all of that should get cleared by Sep 2014 and CO might take in applications for PD's beyond 01 May 2010 sometime in Q1 2014 itself so that he does not waste any visas in 2014. But I dont want to be a smart*** and predict so far, but I just wanted to convey what you always say, EB2 is not too bad.Quote:
Originally Posted by qesehmk
This is interesting approach. Thanks for detailed calculation.Quote:
Originally Posted by murali83
On side note, density of 1800/month for PD 2008 (including porting) points to pretty HIGH demand destruction (contrary to what you have stated in your post) .I will be personally very happy to see that coming to reality.
Suninphx,Quote:
Originally Posted by suninphx
The data next month should tell us the story. So far based on the same approach I have listed above we have 12.04 months (6.5 months * 0.3 + 2 *0.45 + 2.5 months * 0.45 + 3.5 * 0.83 + 6 * 0.86) of demand until end of 2008. Lets say 2009 is the deep demand destruction year, lets call that 12*X*0.6, where X is the density per month. I used 0.6 for 2009 to account for relative demand destruction compared to other years. In 2010 we have 4 months of lets say normal demand, that is 4*X.
So we have (12.04+7.2+4)*X = 23.24*X
If we have pending inventory of 41K, then 1800 is an underestimate, or else we should be on track, meaning 1800 is a safe assumption. If 0.6 as the relative demand destruction factor for 2009 is an underestimate, then please correct me and in that case 23.24 will only go up and the density will come down for any pending inventory number. Let us see what the numbers have to say, so far I am hearing estimates of 35K in the pending inventory. Fingers crossed.
Not sure if the my definition of demand destruction matches with yours but here is how I calculate it. Based on historical data number of EB2/3IC PERM cases approx. equals Eb2IC demand. That gives a OR of 1. Any thing below this OR is what I consider as demand destruction. So if we take example of year PD 2008 then we have around 28000 EB2/3IC PERM cases i.e. density of about 2300/per month. So if as you said , if you want to assume NO demand destruction then your count should be around 2300/month. But your calculations appear assumes 1800/month density which means OR of about .75 which indicate high demand destruction.(note that we have not even considered porting in whole scenario)Quote:
Originally Posted by murali83
You may want to read this very good post by Spec :
http://www.qesehmk.org/forums/showth...ation-of-Terms
Update: I am not contesting 1800/month density. All I am pointing out is , that density can be a reality only if there is high demand destruction ( contrary to to your assumption in original post of 'no or very little demand destruction').
Here is my devil's advocate. If row doesn't show DD why should we expect it from eb2ic?
Q, I think you are comparing two different time frames for EB2IC and ROW( this is based on one of your your posts I read few days back) . Another thing is ROW being always current they are faced with little uncertanity and there is very less need for them to file multiple PERMS due to change in jobs, both husband and wife filing PERMS and moving back to home country etc. So we take example of. EB2IC candidate and ROW candidate facing a slow economy then ROW candidate has advantage of EAD for holding current position or finding new job and may not need to refile PERM etc. Pre AUG 2007 even EB2IC had advantage of EAD. So demand destruction is essentially an event post Aug 2007 and specifically during slow down period of 2008/09. If economy stays as it is currently then OR post 2009 will inch towards 1 , IMO.Quote:
Originally Posted by qesehmk
Good question. Also because I think IC ppl are more hungry to come here as compared to Western Europeans, Australians, etc., they will try their damnedest to get back with their old employer or find a new GC sponsoring employer to use their old, now current PD.Quote:
Originally Posted by qesehmk