EB2 Predictions (Rather Calculations) - 2011

At the start of 2011, nobody were aware about strict rules around EB1 which led to good amount of spill over, I guess in 2010 we got some thing from Family Visa section which was not predicted at the start of 2010.
If we get some thing like above two cases we will definetly move till Mar-May'08 ( I mean getting green card), I guess uscis has used reasoning like you in sending NVC receipts till June'2008.

On the flip side if we dont get any thing like last couple of years we will be stuck at Nov-Dec 2008 when we reach August'2012, again CO might likely move dates till March '2008- April'2008 ( I mean getting only EAD) for getting Demand FY2013.

According to me there is definetly chances of moving till Feb'08 to April '08 for a month when we get Visa Bulletin for October'2012.

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Originally Posted by RMS_V13

Ditto on the PD
Also, exactly what I think..the PD has moved by 12-15 months every FY. Why would it be different this year? If any it should be a tad bit quicker.

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Originally Posted by nishant2200

On the whole I do think that the C folks do tend to have kids and especially older ones those born outside of USA more than India. I am simply basing this off the fact that most C folks start their immigration journey via MS or PhD studies in USA, and most of these by experience I have seen in my university as well as discussed with my friends in other universities, already come in with dependents including spouse and a child. They mostly come on Research or Teaching assistantships and the stipend is used to sustain the family in USA. I do not know reasons behind this difference vs I folks. So Kanmani you do have a point, although as Veni said, might not affect the overall ratio a whole lot, because the ratio is combined, as well as the I contributes to the EB2 immigrant universe much more than C in terms of quantity.

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English barrier prevents them from entering the workforce right away as compared to the headstart Indian/filipino have over English.
Japs and Koreans strangely enter workforce right away more so than chinese....i cant seem to explain that...:confused:

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Originally Posted by benjiding

My H1 VISA expires in March 2012, my I-94 shows Oct 2012. I was stuck in India for stamping for 3 months , so I guess when I entered they gave I94 till Oct 2012. My question is when should I apply for extension? Before March 2012 probably?
My EB2 priority date is May 2008.

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benji... dont wait till last minute... apply before 6 months... realistically, may 2008 may not be current this FY...

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Originally Posted by Monica12

" what's your PD? "

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Now there's a good Tee shirt slogan, 'What's your PD, yaar?"

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Originally Posted by benjiding

My H1 VISA expires in March 2012, my I-94 shows Oct 2012. I was stuck in India for stamping for 3 months , so I guess when I entered they gave I94 till Oct 2012. My question is when should I apply for extension? Before March 2012 probably?
My EB2 priority date is May 2008.

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Apply anytime during Oct 2011 to March 2012 (anytime during 6 months before the expiration date on H1 Approval).

Your I94 is only for your stay in USA. So even if you did not work on H1 in April 2012, you can still stay in US based on your I94.

PS: My H1 expires in Feb 2012, I am applying for H extension in 1 week from now.

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Originally Posted by benjiding

My H1 VISA expires in March 2012, my I-94 shows Oct 2012. I was stuck in India for stamping for 3 months , so I guess when I entered they gave I94 till Oct 2012. My question is when should I apply for extension? Before March 2012 probably?
My EB2 priority date is May 2008.

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Important question is when your petition expires? That is really what matters. Apply at earliest possible date before petition expiry date as others have suggested.

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Originally Posted by suninphx

Important question is when your petition expires? That is really what matters. Apply at earliest possible date before petition expiry date as others have suggested.

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Thanks all for the replies. So I need to apply before March 2012 as the VISA stamp in the passport says March 2012, regardless of the I94 date.

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Originally Posted by benjiding

Thanks all for the replies. So I need to apply before March 2012 as the VISA stamp in the passport says March 2012, regardless of the I94 date.

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visa stamp date = on your passport
I 94 date = small white thing on attached to your passport
petition date = on your 1 794

So i guess you have to go with your petition date and also confirm this with the lawyer once.... as how can they give you an I 94 > your petition date... samje benji??

As far as I know, the latest I-94 date denotes the last day of valid stay in USA. The date in the Visa stamp is meant for only travel to enter USA.

So for extension of status, we have to go by the I-94 date ( latest issued by CBP or USCIS i.e, I-94 attached to passport or I-94 attached to Petition form)

Folks - I am very confussed from morning. I work as a contractor and i came to know today that my current assignment will not be extended next year. My employer is a blood sucking consulting firm. My h1b is expiring may 2012. I was thinking to apply extn this novemember but today due to my contract issue i am not sure if i need to tell this to my employer or not. I find the project and he gets the money. what if i become current in Novemember then he will make issues to apply i485.

do you feel i have a chance to file my i1485 in Novemember. Will the dates move . please help me out

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Originally Posted by soggadu

visa stamp date = on your passport
I 94 date = small white thing on attached to your passport
petition date = on your 1 794

So i guess you have to go with your petition date and also confirm this with the lawyer once.... as how can they give you an I 94 > your petition date... samje benji??

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There can be mistakes. Generally I have seen people getting I94 of petition expiry date + 15 days. You need to always go for petition expiry date. OP will not be able to work with expired petition putting him out of status , technically.

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Originally Posted by Kanmani

As far as I know, the latest I-94 date denotes the last day of valid stay in USA. The date in the Visa stamp is meant for only travel to enter USA.

So for extension of status, we have to go by the I-94 date ( latest issued by CBP or USCIS i.e, I-94 attached to passport or I-94 attached to Petition form)

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For extension of H1 OP has to go with petiton expiry date.

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Originally Posted by suninphx

For extension of H1 OP has to go with petiton expiry date.

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Example

Mr. X has H1B Petition with an expiry date - 31 dec 2011 .
X travels to India and on his return to usa he receives I-94 card attached to his passport validates stay up to 31 oct 2011.
In this case X has to do one of the following
1. Filing for extension of H1b before 31 oct 2011
2. Travel out of USA and come back with new I-94 card valid 31 Dec 2011
3. Go to CBP office at Airport to extend the dates from oct 31st to Dec 31 2011 ( which is not encouraged by CBP nowadays)

So for extension of H1b also pls go with the latest I-94 date not with petition expiry date otherwise it is taken as unlawful stay after I-94 expiry

I believe you mean Nov-Dec 2007

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Originally Posted by grnwtg

At the start of 2011, nobody were aware about strict rules around EB1 which led to good amount of spill over, I guess in 2010 we got some thing from Family Visa section which was not predicted at the start of 2010.
If we get some thing like above two cases we will definetly move till Mar-May'08 ( I mean getting green card), I guess uscis has used reasoning like you in sending NVC receipts till June'2008.

On the flip side if we dont get any thing like last couple of years we will be stuck at Nov-Dec 2008 when we reach August'2012, again CO might likely move dates till March '2008- April'2008 ( I mean getting only EAD) for getting Demand FY2013.

According to me there is definetly chances of moving till Feb'08 to April '08 for a month when we get Visa Bulletin for October'2012.

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Buddy.... I would say this... I had been in quite similar situation last year. What i did was, i file for the extension only 2 weeks prior to expiry of my petition. As long as you apply before petition expiry date, you are fine even if your petition doesn't arrive in next 6 months (Mine arrived after 5 months of petition expiry). So, i would advice that you should find another contract. Talk to your employer and tell him the exact situation. In the mean while if you become current, it shouldn't be a problem for your employer to file for I-485 since a) you must be paying for it (i am assuming) and b) Greencard is for future employment. Now, if you are ready to stay in job without pay, no one can stop you from working for your employer. Just give him a request for "leave without pay" (for record) while you are searching for new contract.

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Originally Posted by indiaeb2

Folks - I am very confussed from morning. I work as a contractor and i came to know today that my current assignment will not be extended next year. My employer is a blood sucking consulting firm. My h1b is expiring may 2012. I was thinking to apply extn this novemember but today due to my contract issue i am not sure if i need to tell this to my employer or not. I find the project and he gets the money. what if i become current in Novemember then he will make issues to apply i485.

do you feel i have a chance to file my i1485 in Novemember. Will the dates move . please help me out

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apan current ho gaya... if not GC I should be able to file 485 for my lovely wife

Yes, I agree. Many Chinese Post-docs got their Phds in China and they had wife and kids when they came to USA. Most of these guys are doing EB2-NIW and they have to use 3 visa numbers for one NIW application.

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Originally Posted by nishant2200

On the whole I do think that the C folks do tend to have kids and especially older ones those born outside of USA more than India. I am simply basing this off the fact that most C folks start their immigration journey via MS or PhD studies in USA, and most of these by experience I have seen in my university as well as discussed with my friends in other universities, already come in with dependents including spouse and a child. They mostly come on Research or Teaching assistantships and the stipend is used to sustain the family in USA. I do not know reasons behind this difference vs I folks. So Kanmani you do have a point, although as Veni said, might not affect the overall ratio a whole lot, because the ratio is combined, as well as the I contributes to the EB2 immigrant universe much more than C in terms of quantity.

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Originally Posted by Kanmani

Example

Mr. X has H1B Petition with an expiry date - 31 dec 2011 .
X travels to India and on his return to usa he receives I-94 card attached to his passport validates stay up to 31 oct 2011.
In this case X has to do one of the following
1. Filing for extension of H1b before 31 oct 2011
2. Travel out of USA and come back with new I-94 card valid 31 Dec 2011
3. Go to CBP office at Airport to extend the dates from oct 31st to Dec 31 2011 ( which is not encouraged by CBP nowadays)

So for extension of H1b also pls go with the latest I-94 date not with petition expiry date otherwise it is taken as unlawful stay after I-94 expiry

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I would like to differ:

First of all the scenario you mentioned above is exact opposite than what OP said. OP has I94 date > than petition expiry date. So what I said in that case still stands. If he delays filing based on I94 date then OP will not able to work. Its petition based on which one is authorized to work and not I94.
Even in the scenario you mentioned we can just file for extension of status(not not necessarilty H1 extension). I am sure you know that H1 extension and extension of status are two different things.

The Japs and Koreans also have English barrier. I think the Chinese EB2 have a larger portion of NIW applicants and these guys came to USA in their late 20s and 30s. The Japanese don't immigrate to the US too much because the salary here is lower than in Japan. The South Korean salary is lower than Japanese and the expense is very high in Seoul.

Most of the Chinese immigrants came here through Family Based and Political Refugee paths. The EB number is only around 10%-20% of the total number. Many Chinese came here through political refugee by humilating motherland and cheating Uncle Sam. The smart hard working ones have to wait for too long and they tend to return home.

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Originally Posted by Stemcell

English barrier prevents them from entering the workforce right away as compared to the headstart Indian/filipino have over English.
Japs and Koreans strangely enter workforce right away more so than chinese....i cant seem to explain that...:confused:

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Originally Posted by suninphx

I would like to differ:

First of all the scenario you mentioned above is exact opposite than what OP said. OP has I94 date > than petition expiry date. So what I said in that case still stands. If he delays filing based on I94 date then OP will not able to work. Its petition based on which one is authorized to work and not I94.
Even in the scenario you mentioned we can just file for extension of status(not not necessarilty H1 extension). I am sure you know that H1 extension and extension of status are two different things.

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Originally Posted by benjiding

My H1 VISA expires in March 2012, my I-94 shows Oct 2012. I was stuck in India for stamping for 3 months , so I guess when I entered they gave I94 till Oct 2012. My question is when should I apply for extension? Before March 2012 probably?
My EB2 priority date is May 2008.

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Originally Posted by benjiding

Thanks all for the replies. So I need to apply before March 2012 as the VISA stamp in the passport says March 2012, regardless of the I94 date.

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suninphx

I am referring to the above posts where it is mentioned that Visa Stamp on the passport is expiring in March 2012 .
He/She never mentioned about his H1b approval notice Form I- 797 expiry date.

Case 1

I-94 card expiry date < I 797 expiry date

This is a case where the period of stay is intentionally reduced by the immigration officer ( they usually do this in random). Here H1b should be renewed before I-94 card expiry

Case 2

I-94 card expiry date > I 797 expiry date .
These cases are less than 1% , due to human error , which we should be aware of and get corrected at once or renew the H1b as per I797 expiry date .

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Originally Posted by Kanmani

suninphx

I am referring to the above posts where it is mentioned that Visa Stamp on the passport is expiring in March 2012 .
He/She never mentioned about his H1b approval notice Form I- 797 expiry date.
Case 2

I-94 card expiry date < I 797 expiry date

This is a case where the period of stay is intentionally reduced by the immigration officer ( they usually do this in random). Here H1b should be renewed before I-94 card expiry

Case 2
I-94 card expiry date > I 797 expiry date .
These cases are less than 1% , due to human error , which we should be aware of and get corrected at once or renew the H1b as per I797 expiry date .

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The date on I797 is the date on my VISA in passport, and at the port of entry, the IO stamped a later date. So I am Case 2. First let me state that this happens quite often, they accumulate your stay abroad and add it towards the end of your H1 period. So if you stay 6 months in India during your H1 period, then you can claim those 6months. This is what has happened in my case.

Benjiding
They usually add the period spent outside USA in the I 797 at USCIS only. This is the first time i am hearing this kind of adding in the I-94 at Immigration counter.

You should consult an attorney.

Ssvp22 ..Thanks for correcting. I just want to put down my feelings and get some suggestion. Did not work on my spelling. My pd is Aug 6th 2007 EB2

Thanks Soggadu for understanding my situvation. my pd is 6th Aug 2007 eb2 india.

Thank Nishant_imt for your suggestion. I think the only option for me is to talk to my employer and see if wont create any mess with my h1 or 485 paper work. My pd is 6th aug 2007

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Originally Posted by Kanmani

suninphx

I am referring to the above posts where it is mentioned that Visa Stamp on the passport is expiring in March 2012 .
He/She never mentioned about his H1b approval notice Form I- 797 expiry date.

Case 1

I-94 card expiry date < I 797 expiry date

This is a case where the period of stay is intentionally reduced by the immigration officer ( they usually do this in random). Here H1b should be renewed before I-94 card expiry
A
Case 2

I-94 card expiry date > I 797 expiry date .
These cases are less than 1% , due to human error , which we should be aware of and get corrected at once or renew the H1b as per I797 expiry date .

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You are mixing things. The expiry date on I797 is date till he can work (and that's what is imp. On H1) and he has to extend his petition before that date(with I129 form this is generally called H1 extetion.). In this case you get new I797 and new I94 with expiry date of new I797.
In Case 1: One can just extend the status (using I539) form using exiting I797. In this case you get new I94 with expiry date of exiting I797. So both are different things.

On H1 always always go by petition date because you are authorized to work till that date.
Anyway I rest my case here. I am sure OP is going to consult attorney. :)

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Originally Posted by Kanmani

Benjiding
They usually add the period spent outside USA in the I 797 at USCIS only. This is the first time i am hearing this kind of adding in the I-94 at Immigration counter.

You should consult an attorney.

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Agree with Kanmani. USCIS does that part.

Suninphx

If I am not confusing you, I stand by my point.
In case 1 , the H1b should be extended before the I-94 card expires not before approval petition . So please dig more into this .

Again Form I-539 is for extension of H-4 or change of status from H1 to H4

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Originally Posted by suninphx

You are mixing things. The expiry date on I797 is date till he can work (and that's what is imp. On H1) and he has to extend his petition before that date(with I129 form this is generally called H1 extetion.). In this case you get new I797 and new I94 with expiry date of new I797.
In Case 1: One can just extend the status (using I539) form using exiting I797. In this case you get new I94 with expiry date of exiting I797. So both are different things.

On H1 always always go by petition date because you are authorized to work till that date.
Anyway I rest my case here. I am sure OP is going to consult attorney. :)

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Originally Posted by suninphx

Agree with Kanmani. USCIS does that part.

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Since there is so much confusion with whether petition or whether I94 has precendence and sinc you want to be safe and not sorry go with the one which has the earliest date which would be the petition. That way if you were wrong there is no harm done. On the other hand if you go with I94 and if by chance you were wrong you would be 3 months out of status. Why take risk ??

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Originally Posted by Kanmani

Suninphx

If I am not confusing you, I stand by my point.
In case 1 , the H1b should be extended before the I-94 card expires not before approval petition . So please dig more into this .

Again Form I-539 is for extension of H-4 or change of status from H1 to H4

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I am not confused at all. If you check your previous posts you have changed your stance. And if you dig more you will know that I539 is used to change/extend status between various visa statuses (and not ONLY tied to H1/H4 as you mentioned). Check with your lawyer if that helps you.

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Originally Posted by Kanmani

Suninphx

If I am not confusing you, I stand by my point.
In case 1 , the H1b should be extended before the I-94 card expires not before approval petition . So please dig more into this .

Again Form I-539 is for extension of H-4 or change of status from H1 to H4

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Again H1 extension ( as in filing extension petition on I129 form ) and filing for extension of status(I539) are two different things. Let me take same example as you:

Let say pettion is valid till Dec 2011 and I94 till Oct 2011. Then Mr.X can file extension of status on I539 form using existing I797 and USCIS will give him I94 till DEC 2011.

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Originally Posted by indiaeb2

Ssvp22 ..Thanks for correcting. I just want to put down my feelings and get some suggestion. Did not work on my spelling. My pd is Aug 6th 2007 EB2

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Excuse me if you felt bad about it. Personally, i myself do quite a few typos. But over the years i have learnt to check again and again to make sure there are no mistakes. Just wanted to point out the same to fellow immigrant friend. In my opinion, typos are like choosing bad employers, and you need to avoid both.

As for your PD, i guess majority guesstimate is that we should cross that date next month.

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Originally Posted by PlainSpeak

Since there is so much confusion with whether petition or whether I94 has precendence and sinc you want to be safe and not sorry go with the one which has the earliest date which would be the petition. That way if you were wrong there is no harm done. On the other hand if you go with I94 and if by chance you were wrong you would be 3 months out of status. Why take risk ??

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H1 being work visa - approved petition date is what matters and not I94 date. I94 does not authorize you to work.
Having said that there is no harm in going by earliest date as PlainSpeak suggested.

Can anyone please let me know how soon can one get EAD after filing 485. Also, once you have EAD in hand, can one's spouse start working using the EAD. If yes, what happens to his/her H1-B status, on which he/she were working on earlier.

You (and spouse) are eligible to get one immediately after filing 485. Expect a couple of months to get it. Yes spouse can use EAD but it is advised to continue using H1 if you already have H1 - the reason being if 485 gets denied for whatever reason, EAD no longer remains valid.

That's my understanding. Pls check w your lawyer.

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Originally Posted by ssvp22

Can anyone please let me know how soon can one get EAD after filing 485. Also, once you have EAD in hand, can one's spouse start working using the EAD. If yes, what happens to his/her H1-B status, on which he/she were working on earlier.

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Originally Posted by qesehmk

You (and spouse) are eligible to get one immediately after filing 485. Expect a couple of months to get it. Yes spouse can use EAD but it is advised to continue using H1 if you already have H1 - the reason being if 485 gets denied for whatever reason, EAD no longer remains valid.

That's my understanding. Pls check w your lawyer.

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Thank you Q!

The USCIS Dashboard http://dashboard.uscis.gov/ has been updated with the July 2011 figures.

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Originally Posted by qesehmk

You (and spouse) are eligible to get one immediately after filing 485. Expect a couple of months to get it. Yes spouse can use EAD but it is advised to continue using H1 if you already have H1 - the reason being if 485 gets denied for whatever reason, EAD no longer remains valid.

That's my understanding. Pls check w your lawyer.

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Q... Is this scenario true when you are on H1 extension also? Had this question for long time...

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Originally Posted by Spectator

The USCIS Dashboard http://dashboard.uscis.gov/ has been updated with the July 2011 figures.

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I will wait until the new I-485 inventory which should be out sometime in october...

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Originally Posted by Spectator

The USCIS Dashboard http://dashboard.uscis.gov/ has been updated with the July 2011 figures.

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Spec thanks for posting. The number of completions has come down in Jul probably because the IO's were busy with I485 approvals thanks to the huge movement for the Jul VB. But the backlog is at a significantly higher level for I140, whenever they get on top of it the SOFAD will come down, the backlog is atleast higher by 10K when compared to corresponding time periods last year. Since Aug and Sep would have seen leaner approvals of 485 it will be interesting to see the backlog figures for Aug and Sep.