EB2-3 Predictions (Rather Calculations) 2015-2020

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Originally Posted by qesehmk

I thought about it. And while this technically and legally may be correct; this can easily be circumvented by
a) The EB2 person filing as beneficiary with the EB1 spouse. EB2 person certainly retains his 2010 PD and thus gets approved.
b) The EB1 spouse can get approved immediately using "follow to join" rules as long as spouse was on EB2's application as beneficiary. This #2 please consult with lawyers. I am not entirely sure about this.

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Q,

In case #1 The primary files with their Category and PD date (EB1). Whether the dependent has, or doesn't have, their own approved I-140 and PD is irrelevant, since it is not transferable. The PD for EB1, established by the primary' I-140 approval would have to be current at the time of filing the I-485 applications.

In case #2 then the spouse would be the dependent of the husband's EB2 and 2010 PD, so EB2-I for the 2010 PD would have to be current.

All that is transferable, from dependent to primary, is the dependent's Country of Chargeability, if that is advantageous.

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Originally Posted by stylorogue

Hi Spec

qn on this - how do you know that C/P 2019 cases are that high until May?

Just curious - my p/d is early May 2009 EB3-I and I still haven't gotten an interview - trying to figure out how many people are ahead and at C/P if thats possible.

Also read somewhere that eb3-I approvals haven't cleared April 2009 yet - heavy demand and not sure how much but the FA date has been stalled and won't move this f-year means there is demand ?

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DOS publishes a detailed breakdown of each month's CP approvals by Category and Country. Each month can be found here.

redsox usually publishes a breakdown each month and cumulative figures (although hasn't yet for the May figures).

Here's a breakdown for FY2019 until the end of May 2019 for both EB and FB:

Country --------- EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 --- Total
China ----------- 461 ---- 120 ---- 144 ------ 6 -- 2,418 --- 3,149
India ----------- 142 ----- 35 -- 1,365 ----- 91 ---- 350 --- 1,983
Mexico ----------- 17 ----- 22 ---- 380 ----- 36 ----- 38 ----- 493
Philippines ------- 1 ---- 145 -- 3,055 ----- 43 ----- 10 --- 3,254
ROW ------------- 903 -- 2,132 -- 4,914 -- 1,228 -- 2,174 -- 11,351
Grand Total --- 1,524 -- 2,454 -- 9,858 -- 1,404 -- 4,990 -- 20,230


Country --------- FB1 --- FB2A --- FB2B ---- FB3 ---- FB4 --- Total
China ----------- 291 -- 2,025 ---- 485 -- 1,141 -- 3,409 --- 7,351
India ----------- 139 ---- 626 ----- 66 -- 2,793 -- 4,806 --- 8,430
Mexico ---------- 900 - 11,627 ---- 508 ---- 730 -- 1,877 -- 15,642
Philippines --- 1,036 -- 2,451 -- 3,147 ---- 780 -- 1,842 --- 9,256
ROW ---------- 12,231 - 29,592 -- 8,568 - 10,229 - 22,191 -- 82,811
Grand Total -- 14,597 - 46,321 - 12,774 - 15,673 - 34,125 - 123,490


I hope redsox will return to publishing the figures in future.

The last numbers for cases waiting for Consular Processing at the NVC was as at November 1st 2018. https://travel.state.gov/content/dam...tItem_2018.pdf

At that time, there were 21,385 EB3-I Skilled Worker/Professional cases on the list, but this covers all cases with an approved I-140 who chose Consular Processing and covers PD far beyond those that are Current. As such, the numbers are perhaps something of a 'red herring'.

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Originally Posted by Spectator

Q,

In case #1 The primary files with their Category and PD date (EB1). Whether the dependent has, or doesn't have, their own approved I-140 and PD is irrelevant, since it is not transferable. The PD for EB1, established by the primary' I-140 approval would have to be current at the time of filing the I-485 applications.

In case #2 then the spouse would be the dependent of the husband's EB2 and 2010 PD, so EB2-I for the 2010 PD would have to be current.

All that is transferable, from dependent to primary, is the dependent's Country of Chargeability, if that is advantageous.

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Spec,

So in case #1 the EB2 spouse when files 485 as EB1 dependent, retains his EB2 PD, isn't it? Thus s/he may benefit in his EB1 485 processing even if overall EB1 regresses. Now I do understand that DoS may try to control dates really tight for EB1 (like any other category). But for people who are waiting over a decade, what's 500-1000 dollars if that means their GC can be processed a few months earlier!!

Once s/he is approved, then case #2 comes into picture. I do not understand those rules well enough. But there may be room there and hence a lawyer is required.

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Originally Posted by qesehmk

Spec,

So in case #1 the EB2 spouse when files 485 as EB1 dependent, retains his EB2 PD, isn't it? Thus s/he may benefit in his EB1 485 processing even if overall EB1 regresses. Now I do understand that DoS may try to control dates really tight for EB1 (like any other category). But for people who are waiting over a decade, what's 500-1000 dollars if that means their GC can be processed a few months earlier!!

Once s/he is approved, then case #2 comes into picture. I do not understand those rules well enough. But there may be room there and hence a lawyer is required.

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Once you file as a dependent your own PD becomes irrelevant for that filing and processing is based on primary's PD. Your PD has relevance only when you file as primary- This is what I understood from Spec's post.

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Originally Posted by suninphx

Once you file as a dependent your own PD becomes irrelevant for that filing and processing is based on primary's PD. Your PD has relevance only when you file as primary- This is what I understood from Spec's post.

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Makes no sense to me. But I am not going to argue since I am not a lawyer. I think the EB2 guy should definitely carry his/her PD to any category including family. What's the point of having a PD and then have ability to retain it only to lose it when you file in another category.

Thank you for the responses! I will also definitely check with my attorney too when I get a chance and update the thread.

Please guide me Gurus,

My current project is going to complete by End of August 2019 and my H1 is also valid thru end of August 2019.

However I found another project with same title but with different end client which is 3 miles away from my current project. Roles are identical - Developer on my current project and new one.
Since they both are in same MSA can I join the new client since my previous LCA covered the same city/MSA?

Please guide me

Thanks
Jay

You will need to file H1 extension along with new MSA, PO and Client letter, I don't think you will need to file an amendment. Since you are filing extension, you can start with new project. There should not be any issue, consult and confirm with your attorney. Mine is also same situation, I filed amendment + extension, and I started with new project.

My company attorney says since it is within same MSA (both end clients are 3 miles of each other )and new job role is identical with current LCA. You dont need to file amendment.

Also, I can start working with new end client and within 30 days of joining I need to file extension and amendment

So I was asking experts advise to ensure there's a provision like this available

https://www.rnlawgroup.com/h-1b/485-...1b-msa-defined

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Originally Posted by texas_

My company attorney says since it is within same MSA (both end clients are 3 miles of each other )and new job role is identical with current LCA. You dont need to file amendment.

Also, I can start working with new end client and within 30 days of joining I need to file extension and amendment

So I was asking experts advise to ensure there's a provision like this available

https://www.rnlawgroup.com/h-1b/485-...1b-msa-defined

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This post is rather ancient. The last i knew was a very specific memo about 'Client Location' and Changes which made Client Changes very strict. I would find that and read that.
Here is a link - https://www.uscis.gov/sites/default/...s-for-H-1B.pdf

Here is the post Simeo ruling . https://www.uscis.gov/archive/uscis-...tions-decision

It seems you are fine.

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Originally Posted by aquatican

This post is rather ancient. The last i knew was a very specific memo about 'Client Location' and Changes which made Client Changes very strict. I would find that and read that.
Here is a link - https://www.uscis.gov/sites/default/...s-for-H-1B.pdf

Here is the post Simeo ruling . https://www.uscis.gov/archive/uscis-...tions-decision

It seems you are fine.

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Thanks Aquatican. As I read it correctly USCIS points out that one MUST file amendment if the new client/job is outside current MSA. However if the MSA remains same or withing proximity of counties you can join with existing and within few weeks you need file amendment + extension at that point.

Thanks for the info that helps
Jay

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Originally Posted by texas_

Thanks Aquatican. As I read it correctly USCIS points out that one MUST file amendment if the new client/job is outside current MSA. However if the MSA remains same or withing proximity of counties you can join with existing and within few weeks you need file amendment + extension at that point.

Thanks for the info that helps
Jay

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Curious where you see that - 'However if the MSA remains same or withing proximity of counties you can join with existing and within few weeks you need file amendment + extension at that point.'
I read it as if you are within MSA you need to post LCA at new client site.

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Originally Posted by texas_

My company attorney says since it is within same MSA (both end clients are 3 miles of each other )and new job role is identical with current LCA. You dont need to file amendment.

Also, I can start working with new end client and within 30 days of joining I need to file extension and amendment

So I was asking experts advise to ensure there's a provision like this available

https://www.rnlawgroup.com/h-1b/485-...1b-msa-defined

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I did this. I moved within the MSA and there was no need to file an amendment. After 6 months moving to the new location, I had to do my H-1 extension that was due. It all went fine. Bottom line is, a move within MSA doesn't warrant an amendment. And, your subsequent extension will be fine.

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Originally Posted by aquatican

Curious where you see that - 'However if the MSA remains same or withing proximity of counties you can join with existing and within few weeks you need file amendment + extension at that point.'
I read it as if you are within MSA you need to post LCA at new client site.

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I meant to say you need to file LCA for the new client but you can still join new client before filing amendment provided it is within same MSA. But there needed a subsequent amendment and extension needed to file if any after joining at new client location

August VB is released, EB3I has retrogressed to 2006 and 8 days forward movement for EB2I.

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Originally Posted by swaugh

August VB is released, EB3I has retrogressed to 2006 and 8 days forward movement for EB2I.

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Seems you got miscalculated for EB2I, actually it backwards 78 days.

Don't mean to spam this thread. This is a link on a post about WhereismyGC's forecast accuracy this year.

http://www.qesehmk.org/forums/showthread.php/900-WhereismyGC-com-Related-Discussion-amp-Updates?p=62360&viewfull=1#post62360

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Originally Posted by vbollu

Seems you got miscalculated for EB2I, actually it backwards 78 days.

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There is retrogression across the board.

If your PD is current today and you are pre-adjudicated; but will retrogress next month, do they still process your case?

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Originally Posted by vbollu

Seems you got miscalculated for EB2I, actually it backwards 78 days.

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and you calculated that how for EB2I? :)

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Originally Posted by vbollu

Seems you got miscalculated for EB2I, actually it backwards 78 days.

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How is it backwards? 24APR09 to 02MAY09 is 8 days forward. Am I missing something?

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Originally Posted by paramjit74

How is it backwards? 24APR09 to 02MAY09 is 8 days forward. Am I missing something?

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sorry it's my fault.

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Originally Posted by aquatican

and you calculated that how for EB2I? :)

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sorry it's my fault.

Qn on Cross Chargeability -

Hi Spec - my p/d is may 2009 eb3I - opted for consular processing - mumbai - we live in India now - today the bulletin was released and the dates retrogressed to 2006.

My spouse who is the derivative beneficiary on my application is from ROW and her dates are current. Clear case for applying cross chargeabilty i believe

whats the process to push forward - our applications are complete and at the NVC - please suggest next steps to advance the interview date - thanks much

Our HR team forwarded these wordings from the immigration firm:
According to the State Department’s August Visa Bulletin, significant retrogression will occur for most employment-based categories next month, while EB-2 India will advance ahead of EB-3 India for the first time in many months.

I initially was excited that EB2I may cross 01JUL09. After careful thought it becomes clear that is just normal info published with a PR spin. Right now EB3I is retrogressed to 01JAN06 and EB2I is at 02MAY09. So even a few days will make the law firms "advice to their clients" correct.

Now that we are on firm ground, is it possible for EB2I to cross 01JUL09 in the September bulletin?