EB2 Predictions (Rather Calculations) - 2012

How come some of you know that checks are encashed? Is it because employer doesn't sponsor the charges.. That is good in one way as you would know the status much more easily..

As far as I am concerned, it is all employer. The attorney informed me that she sent the docs on 1st Feb..
But my question is, after I leave ( if in case after EAD before GC) this employer, the attorney service also stops
..what should I do To make sure that the remaining process EAD->GC is unaffected...should I need to get the service of another attorney and transfer the representation to the new one using my receipt/ EAD number?

Hi Gurus,

1.My Birth was not registered, i got non availability certificate, affidavit from my parents. Do i need to get Originals of both, because i got one copy of non availability, i may require this in future? Non availability + Parents affidavit + Do i need relatives affidavit as well?

2.As per my dad, i should be getting new BC with registration date Feb,2012, if i get newly issued birth certificate , copy of Birth certificate + Parents affidavit is fine. Please clarify.

3.My wife got her birth certificate without name on it, i got affidavit for that. Do i need to submit original Birth Certificate or Copy is fine?

Any official document can be submitted as copy - that includes BC and NABC. Affidavits are preferably sent as original. BC/NABC + 2 Affidavits are sufficient. You can include school records (10th certificate) to be conservative. Look in the Birth Certificate thread for more details.

Quote:

---

Originally Posted by gkjppp

Hi Gurus,

1.My Birth was not registered, i got non availability certificate, affidavit from my parents. Do i need to get Originals of both, because i got one copy of non availability, i may require this in future? Non availability + Parents affidavit + Do i need relatives affidavit as well?

2.As per my dad, i should be getting new BC with registration date Feb,2012, if i get newly issued birth certificate , copy of Birth certificate + Parents affidavit is fine. Please clarify.

3.My wife got her birth certificate without name on it, i got affidavit for that. Do i need to submit original Birth Certificate or Copy is fine?

---

Thank you all for the very kind and encouraging words. I cannot tell you how much strength it gave us during this time of tension. The good news is my husband received his passport by courier yesterday and he is stamped and ready to go. we shall be filing AOS soon :) (9 days from date of interview)

Thank you thank you so much all of you
Shaisri

Quote:

---

Originally Posted by Umesh1209

Hi Shaisri,

Very sorry to hear your situation.

Me and my wife visited India last Feb. My H1b was approved while she got a 221G. Both of us work for a U.S company(different though). Based on my experience and the experience of other friends, 221G should NOT take more than 2-3 weeks. I know it is frustrating but keep your hopes alive.

Mean while ask you husband's attorney to reach out to USCIS. My wife did this and we got a resp

---

Quote:

---

Originally Posted by qesehmk

Shaisri, very sorry for your loss. Your husband can file CP and you can file 485. However that is not the long term solution since he has a job to do. Generally this situation should resolve in 2 weeks. But if it doesn't then unfortunately H4 also will run into the same problem since technically he can enter on H4 and then adjust status to H1 here in US based on 797. So usually the consulates would not approve his H4 as well. Don/'t mean to scare you ... morethan likely you guys will be ok in 2-3 weeks and he can come back. Meanwhile get your medicals donea and keep the package ready. All the best!

---

Quote:

---

Originally Posted by gcoracle

Shaisri, so sorry to hear the bad phase you guys are going through. March bulletin is the beginning of good news for you guys. Your husband will receive his passport most likely in two weeks (saw several such cases on trackitt). IMO the dates will stay put even in April bulletin and I personally do not recommend changing to H4 and moving to consular processing will take at least 6 months . Please take your attorney's advice.

---

shaisri ... glad for you. First thing that comes to my mind? A quote I read in an article by Sunil Gavaskar - "Tough times don't last. Tough people do."

All the best!

Quote:

---

Originally Posted by shaisri

Thank you all for the very kind and encouraging words. I cannot tell you how much strength it gave us during this time of tension. The good news is my husband received his passport by courier yesterday and he is stamped and ready to go. we shall be filing AOS soon :) (9 days from date of interview)

Thank you thank you so much all of you
Shaisri

---

Just curious , my PD is Oct 2008 , with RD and ND as 3rd Jan and 4th Jan respectively
I see that guys who were after mine
PD Dec 2008 , RD 4th Jan and ND 5th Jan have got their EAD / AP Approved. what is the going on ?

1 - Priority date

2 - Receive Date -

Just confused on what is going on.

BTW the service center is TSC for all above cases.

Guys

Just wanted to share good news with all of you. I got the magic email today.
Good luck to all of you.I got a lot of helpful information from this forum

Quote:

---

Originally Posted by 28thJune2007

Guys

Just wanted to share good news with all of you. I got the magic email today.
Good luck to all of you.I got a lot of helpful information from this forum

---

Congratulations! Enjoy your freedom!

Quote:

---

Originally Posted by 28thJune2007

Guys

Just wanted to share good news with all of you. I got the magic email today.
Good luck to all of you.I got a lot of helpful information from this forum

---

Dada.. Congratulations!!

Can you share your details like Service Center, PD, RD, ED, FP Date.. And also other stuff like Employer (Fulltime, consulting, company size), Education??

Congrats Again and Enjoy the Freedom..

TSC
PD : June 29th 2007
RD: Oct 7, 2011

Quote:

---

Originally Posted by 28thJune2007

TSC
PD : June 29th 2007
RD: Oct 7, 2011

---

Thanks!! Take a early day off.. and live it up.........

Guys.. I had applied for a HSPD -12 clearance as a new job responsibility required me to occasionally work from a Fed Govt building. My preliminary background check and FP came back favorably a day before my GC - FP appointment. A full clearance came back positive about 20 mins back.. The clearance is from DHS..

I know a FBI name check is considered by USCIS (which falls under DHS).. Would DHS clearance help me in any way or I am tripping on laddus sent by gchopeful?

Can someone please answer this for me?

My wife is currently on H4 for the last 3 years and worked on H1 for 1.5 years before that. She doesn't have the paystubs for 3 month period and has not travelled since then. We have already applied for 485. Even though she would be covered under 245K, I am wondering whether it is worth re-entering on H4 again.

The law is not clear whether it would count the violations upto 180 days since the last admission prior to 485 filing or prior to adjudication? If there is an RFE, would they consider the new last admission date if we provide the new I94. Can someone please help me with the clarity on this 180 day rule.

Dont worry you should receive it in few days....I had the same expereince

Quote:

---

Originally Posted by Desperate8

Just curious , my PD is Oct 2008 , with RD and ND as 3rd Jan and 4th Jan respectively
I see that guys who were after mine
PD Dec 2008 , RD 4th Jan and ND 5th Jan have got their EAD / AP Approved. what is the going on ?

1 - Priority date

2 - Receive Date -

Just confused on what is going on.

BTW the service center is TSC for all above cases.

---

Reader,

Status from the last entry to the date of AOS submission is what matters. Since you already submitted the packet, I think there is no point to do reentry now.

Hope it helps.

Quote:

---

Originally Posted by Reader

Can someone please answer this for me?

My wife is currently on H4 for the last 3 years and worked on H1 for 1.5 years before that. She doesn't have the paystubs for 3 month period and has not travelled since then. We have already applied for 485. Even though she would be covered under 245K, I am wondering whether it is worth re-entering on H4 again.

The law is not clear whether it would count the violations upto 180 days since the last admission prior to 485 filing or prior to adjudication? If there is an RFE, would they consider the new last admission date if we provide the new I94. Can someone please help me with the clarity on this 180 day rule.

---

Quote:

---

Originally Posted by mygreen

Reader,

Status from the last entry to the date of AOS submission is what matters. Since you already submitted the packet, I think there is no point to do reentry now.

Hope it helps.

---

Thanks. I thought so too. However, Ron has mentioned in one of his posts this. It seems that he is saying both-ways in this statement.

"The CIS will most likely use the last lawful entry prior to filing. My feeling, based on the way the CIS has interpreted this section against people is that they have to use the most recent lawful admission (admission with a visa, not advance parole) prior to ADJUDICATION. If they try to use the last admission before filing, I think that they are highly vulnerable to getting reversed in the context of judicial review."

Quote:

---

Originally Posted by Reader

Can someone please answer this for me?

My wife is currently on H4 for the last 3 years and worked on H1 for 1.5 years before that. She doesn't have the paystubs for 3 month period and has not travelled since then. We have already applied for 485. Even though she would be covered under 245K, I am wondering whether it is worth re-entering on H4 again.

The law is not clear whether it would count the violations upto 180 days since the last admission prior to 485 filing or prior to adjudication? If there is an RFE, would they consider the new last admission date if we provide the new I94. Can someone please help me with the clarity on this 180 day rule.

---

Given she appears to be covered by 245(k) anyway, I'm not sure it is worth it.

The law says:

Quote:

---

(k) An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

(A) failed to maintain, continuously, a lawful status;

(B) engaged in unauthorized employment; or

(C) otherwise violated the terms and conditions of the alien's admission.

---

As I read it personally, it is specifically referring to the last admission before submitting the I-485.

It says:

Quote:

---

on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission

---

and then:

Quote:

---

subsequent to such lawful admission has not, for an aggregate period exceeding 180 days

---

where it is referring to the admission prior to filing.

This is certainly how USCIS seem to interpret it, but I agree it is not black & white.

My 2c anyway, for what it is worth.

Gurus - I just got current and in the process of filing for I-485 and also looking forward for EAD and AP.

My question is what's the guess/prediction for a March 30, 2010 PD to get the actual GC - Sep 2013 or Sept 2014?

Spec, Thanks. That's what I have understood as well. It is almost clear that it indicates prior to 485 filing when it says "subsequent to such lawful admission".

Quote:

---

Originally Posted by Reader

Spec, Thanks. That's what I have understood as well. It is almost clear that it indicates prior to 485 filing when it says "subsequent to such lawful admission".

---

Reader,

That's exactly how I read it, but I didn't want to put words into your mouth.

Hi, It appears Ron is making a distinction between last 'lawful admission' (coming on H1 visa) and 'admission' (coming on AP). I think the 180 day period starts counting from the last lawful admission, i.e. last I-94 based on H1 visa. I have read some comments from Ron that USCIS itself is not clear about this distinction, but I would assume it is safer to count the 180 day period from the last lawful admission, i.e. last I-94 based on H1 visa.

Hi Spectator, is there any statistics from USCIS that shows the ACTUAL NUMBER of visas issued for EB2ROW and EB1 in FY 2009, 2010 and 2011, and possibly FY 2012 upto Jan.2012 end. This might help in projecting PD movement and possible retrogression.

vgraj1
USCIS is verymuch clear about the distinction between lawful admission vs parolee admission ....here on Page 3 http://www.uscis.gov/USCIS/Laws/Memo...k)_14jul08.pdf

Quote:

---

Originally Posted by vgraj1

Hi, It appears Ron is making a distinction between last 'lawful admission' (coming on H1 visa) and 'admission' (coming on AP). I think the 180 day period starts counting from the last lawful admission, i.e. last I-94 based on H1 visa. I have read some comments from Ron that USCIS itself is not clear about this distinction, but I would assume it is safer to count the 180 day period from the last lawful admission, i.e. last I-94 based on H1 visa.

---

Quote:

---

Originally Posted by vgraj1

Hi Spectator, is there any statistics from USCIS that shows the ACTUAL NUMBER of visas issued for EB2ROW and EB1 in FY 2009, 2010 and 2011, and possibly FY 2012 upto Jan.2012 end. This might help in projecting PD movement and possible retrogression.

---

vgraj1,

You can find figures for FY up to FY2010 here

Figures for FY2011 have not been published yet.

No figures with that level of detail exist for FY2012, but you might find this post useful.

Quote:

---

Originally Posted by Kanmani

vgraj1
USCIS is verymuch clear about the distinction between lawful admission vs parolee admission ....here on Page 3 http://www.uscis.gov/USCIS/Laws/Memo...k)_14jul08.pdf

---

Hi Kanmani,
Thank you very much for this link. It is interesting to note that parolee admission is not treated as 'lawful admission' as per the following clause in USCIS memorandum:

" An alien, however, who entered the United States pursuant to an advance parole document is not “lawfully admitted,” because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k). "

I interpret this that the 180-day count starts from the last lawful admission, i.e. based on H1 or H4 and not based on AP. Is my interpretation correct?