EB2 Predictions (Rather Calculations) - 2011

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Originally Posted by samudrala

Hi Gurus,

Sorry for the off topic. How long does it take to get the EAD/AP after filing them? My PD 06/06/2007 and say for example if i'm not current this Sept., I have to wait until May. So, If I apply in May, how many months does it take to get approved? My concern is my H1 gets expired in Aug. 2012, and my company will not give me a Client letter, which I need when I file my H1 extension.

Appreciate your help.

Thanks

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I can relate to your situation very well my situation is very similar to yours. Realistically if you get current by May 2012 (Worst Case, you may even get current today) EAD / AP have a 90 day issuance SLA so you should have it by then. Client letter requirements after the E-E memo came into effect are different, for your previous extension it was sufficient that the client gave you the letter and said that they need you long term. Now the client has to say all that in addition they have to say that your day to day work is supervised by your petitioning company and all supervisory control including hiring and firing rests with them, also according to the memo all resources for your work need to be provided by the petitioning company and only limited resources can be provided by the end client. We would have thought that old approved cases are grand fathered but people are having a very tough time at the consulates, every E-E case gets a 221G consistently. If someone gets an adjudicator who wants to apply the memo to the fullest extent any H1B consulting (For Small Companies) approval is hard to come by. Hopefully you will not have to go through H1 it will be tough for all those with small consulting companies, all the best. Let’s all pray for BTM.

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Originally Posted by vchirakala

May be after the Fed meeting

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dude...really? do you really think any kind of iota of connection between fed meeting and uscis/dos visa bulletin? It reminds me of old days when people used to say somebody is visiting from US and the consulate will give more visas... but anyway... i would say relax and keep doing what you are doing...

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Originally Posted by veni001

EAD & AP fee is included as part of 485 filing fee(revised). So applying for EAD/AP or not, will not change filing fee.

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thank you veni, i was not aware of this....

just kidding soggadu ...whole world is tensed about how the market is going to be and we are tensed about Sep bulletin ...

Change Log of VB Page on DoS website:

https://www.changedetection.com/log/...13603_log.html

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Originally Posted by vchirakala

just kidding soggadu ...whole world is tensed about how the market is going to be and we are tensed about Sep bulletin ...

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yes darling... isi ki naam hein jindagi... yehi ek picture hein jo sabko alag alag nazariyaa see dik tha hein...

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Originally Posted by TeddyKoochu

I can relate to your situation very well my situation is very similar to yours. Realistically if you get current by May 2012 (Worst Case, you may even get current today) EAD / AP have a 90 day issuance SLA so you should have it by then. Client letter requirements after the E-E memo came into effect are different, for your previous extension it was sufficient that the client gave you the letter and said that they need you long term. Now the client has to say all that in addition they have to say that your day to day work is supervised by your petitioning company and all supervisory control including hiring and firing rests with them, also according to the memo all resources for your work need to be provided by the petitioning company and only limited resources can be provided by the end client. We would have thought that old approved cases are grand fathered but people are having a very tough time at the consulates, every E-E case gets a 221G consistently. If someone gets an adjudicator who wants to apply the memo to the fullest extent any H1B consulting (For Small Companies) approval is hard to come by. Hopefully you will not have to go through H1 it will be tough for all those with small consulting companies, all the best. Let’s all pray for BTM.

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Teddy/Q/Spec/Leo/sogaddu/Nishant/skPanda and all other Gurus,
This is really off topic but its helpful to get input from you guys , I have the same situation and my h1 is expiring in nov2011, whereas my pd 15MAY2007, if I get to file my I-485 in sep2011 , I am planning not to file h1 extension and wait for EAD, I guess one can stay in the country once he/she files I-485 even if h1 expire only can not work. So in my case if I don't get my EAD before nov2011than I might have to take off from work for 1-2 weeks

The main reason for not filing h1 ext is same E-E relationship issue, if I file my h1 and some how its get denied and gets RFE it might create some red during my I-485 approval.

Please share your thought,whatever I am thinking is best for my situation.I appreciate you all , you guys are doing great here.

jeena isi kaa naam haiii

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Originally Posted by memk26

Teddy/Q/Spec/Leo/sogaddu/Nishant/skPanda and all other Gurus,
This is really off topic but its helpful to get input from you guys , I have the same situation and my h1 is expiring in nov2011, whereas my pd 15MAY2007, if I get to file my I-485 in sep2011 , I am planning not to file h1 extension and wait for EAD, I guess one can stay in the country one he/she files I-485 even if h1 expire only can not work. So in my case if I don't get my EAD before nov2011than I might have to take off from work for 1-2 weeks

The main reason for not filing h1 ext is same E-E relationship issue, if I file my h1 and some how its get denied and gets RFE it might create some red during my I-485 approval.

Please share your thought if whatever I am thinking is best for my situation.I appreciate you all , you guys are doing great here.

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mem... i am still not a guru...stuck at pandit level... but here is my take on this...

1. You will definitely be current in the coming bulletin and would apply for 485 by beginning of Sep, so it leaves you two more months for H1 renewal. Recently i guess there was a memo which says you can stay in US with no issues
2. The main problem i see is when will ur EAD be approved? I ask this because, you need work authorization if not H1 to continue working. So i wud say (only my opinion) to apply for H1 so that you can continue working
3. I dont think H1 denial (because of client letter or so) will have any effect on GC as it is made for future employment
4. Dont worry about H1, get client letter and other E to E docs and you can get it easily...

My 2 cents...others correct me where i am wrong...the first person to correct will get a free view of bulletin today ;-)

my PD is down in 2010, but I still feel the tension and excitement for the VB and following these threads. So whats going through all the people whose PDs are in 2007 is unimaginable. Just keep hoping that whatever comes out is good, since anything good for 2007 is also good for others who are in the Q. Good luck.

Soggadu most of it is correct.

except getting the client letter..atleast 50% of the clients dont agree to give letter...specially if ur working with financial client your chances of getting client letter is 0-10% i shuld say.

but as soggadu mentioned you can apply for you h1b extension one or 2 months ahead of your expirey in slow processing, by the time you can get RFE if you get your EAD ...i think you have a chance of revoking your h1b extension...this is way....but i dont know whether this will effect your GC...may be gurus can answer here

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Originally Posted by soggadu

mem... i am still not a guru...stuck at pandit level... but here is my take on this...

1. You will definitely be current in the coming bulletin and would apply for 485 by beginning of Sep, so it leaves you two more months for H1 renewal. Recently i guess there was a memo which says you can stay in US with no issues
2. The main problem i see is when will ur EAD be approved? I ask this because, you need work authorization if not H1 to continue working. So i wud say (only my opinion) to apply for H1 so that you can continue working
3. I dont think H1 denial (because of client letter or so) will have any effect on GC as it is made for future employment
4. Dont worry about H1, get client letter and other E to E docs and you can get it easily...

My 2 cents...others correct me where i am wrong...the first person to correct will get a free view of bulletin today ;-)

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I would suggest wait till 30 days before H1 expiry and then apply for extension, since once you have applied you can still continue working on the H1 itself. And hopefully either before H1 gets approved or any other thing from USCIS.. you will get the EAD.

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Originally Posted by soggadu

mem... i am still not a guru...stuck at pandit level... but here is my take on this...

1. You will definitely be current in the coming bulletin and would apply for 485 by beginning of Sep, so it leaves you two more months for H1 renewal. Recently i guess there was a memo which says you can stay in US with no issues
2. The main problem i see is when will ur EAD be approved? I ask this because, you need work authorization if not H1 to continue working. So i wud say (only my opinion) to apply for H1 so that you can continue working
3. I dont think H1 denial (because of client letter or so) will have any effect on GC as it is made for future employment
4. Dont worry about H1, get client letter and other E to E docs and you can get it easily...

My 2 cents...others correct me where i am wrong...the first person to correct will get a free view of bulletin today ;-)

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Originally Posted by soggadu

mem... i am still not a guru...stuck at pandit level... but here is my take on this...

1. You will definitely be current in the coming bulletin and would apply for 485 by beginning of Sep, so it leaves you two more months for H1 renewal. Recently i guess there was a memo which says you can stay in US with no issues
2. The main problem i see is when will ur EAD be approved? I ask this because, you need work authorization if not H1 to continue working. So i wud say (only my opinion) to apply for H1 so that you can continue working
3. I dont think H1 denial (because of client letter or so) will have any effect on GC as it is made for future employment
4. Dont worry about H1, get client letter and other E to E docs and you can get it easily...

My 2 cents...others correct me where i am wrong...the first person to correct will get a free view of bulletin today ;-)

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Yes Soggadu is correct its better to apply for the H1B extension. Our case is sort of similar to yours. My husband's H1B is getting expired on Dec 2011 & his PD is 20/06/2011 (EB2) but after discussing with the company lawyers they mentioned its safe to apply for H1B extension which they will be filing this week & also we have a I-485 pending based on my I-140 which is Eb3 so we have also filied for our AP renewal & have the EAD valid till next yr 2012. We keep everything current just to try to do an interfiling when is date become current.

mvinayam

I would recommend that you apply for H1 extension just before its expiration. It will take USCIS atleast 3 months to process your application. So you will have about 5 months to give for EAD approval. Hopefully you will get your EAD in 3 months. At that point you can withdraw your H1 Extension application (even if there is an RFE).

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Originally Posted by memk26

Teddy/Q/Spec/Leo/sogaddu/Nishant/skPanda and all other Gurus,
This is really off topic but its helpful to get input from you guys , I have the same situation and my h1 is expiring in nov2011, whereas my pd 15MAY2007, if I get to file my I-485 in sep2011 , I am planning not to file h1 extension and wait for EAD, I guess one can stay in the country once he/she files I-485 even if h1 expire only can not work. So in my case if I don't get my EAD before nov2011than I might have to take off from work for 1-2 weeks

The main reason for not filing h1 ext is same E-E relationship issue, if I file my h1 and some how its get denied and gets RFE it might create some red during my I-485 approval.

Please share your thought,whatever I am thinking is best for my situation.I appreciate you all , you guys are doing great here.

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Not a legal advise.

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Originally Posted by mvinayam

Yes Soggadu is correct its better to apply for the H1B extension. Our case is sort of similar to yours. My husband's H1B is getting expired on Dec 2011 & his PD is 20/06/2011 (EB2) but after discussing with the company lawyers they mentioned its safe to apply for H1B extension which they will be filing this week & also we have a I-485 pending based on my I-140 which is Eb3 so we have also filied for our AP renewal & have the EAD valid till next yr 2012. We keep everything current just to try to do an interfiling when is date become current.

mvinayam

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Thank you everyone for the reply, my only worry is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and withdraw after getting EAD) USCIS might say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

You will withdraw your H1 Extension only after you have EAD in hand which hopefully will be before Dec 2011. From that point on you will be on the Job on EAD so there is no need to have a H1 for job offer. In my opinion I485 will not have any issues for this. However if USCIS denies your application for H1 extension before you get EAD then you will be out of status and in the same situation as you would be if you do not apply for H1 and take leave.

Difference is in the former case (apply for H1 extension), you will have extra time (about 2 or 3 months) to wait for EAD and continue to work. However in the latter case (do not apply for H1 extension) you may not want to sit at home for few months just because your EAD takes time)

my 2 cents..

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Originally Posted by memk26

Thank you everyone for the reply, my only worried is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and with draw) USCIS will say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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soggadu i am not a consultant. Never worked as one. So this is interesting to me :) Thanks. I guess this is a special treatment for non-US based companies. Because I never heard this from my friends who work for IBM CSC McKinsey etc.

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Originally Posted by soggadu

As I mentioned before, we do need a client letter... I just got my extension last weekend and was issued for 3 yrs but I had to get the client letter that too ontheir letter head.... No more discussion on this from my end.... Only persons working for consulting firms as a consultant can understand what I am talking abt.:..

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soggadu with this reply of yours we confer you the honorary title of Guru!! I do think this guy will get his GC within 6 months and its prudent to apply for EAD and H1. And as many others said ... apply for H1 just before expiry date.

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Originally Posted by soggadu

mem... i am still not a guru...stuck at pandit level... but here is my take on this...

1. You will definitely be current in the coming bulletin and would apply for 485 by beginning of Sep, so it leaves you two more months for H1 renewal. Recently i guess there was a memo which says you can stay in US with no issues
2. The main problem i see is when will ur EAD be approved? I ask this because, you need work authorization if not H1 to continue working. So i wud say (only my opinion) to apply for H1 so that you can continue working
3. I dont think H1 denial (because of client letter or so) will have any effect on GC as it is made for future employment
4. Dont worry about H1, get client letter and other E to E docs and you can get it easily...

My 2 cents...others correct me where i am wrong...the first person to correct will get a free view of bulletin today ;-)

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Originally Posted by memk26

Thank you everyone for the reply, my only worry is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and withdraw after getting EAD) USCIS might say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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memk26,

Since you would have a pending I-485, which allows you to remain in the USA, that should be fine, if that is the course of action you decide on.

I would suggest you document the period when you are not working, since USCIS may well raise an RFE at a later point, if there is a gap between your H1B expiring and the EAD being approved.

I hope it all works out.

Memk26..skapnda response are the 2 options i believ you have, and if you are in confusion to decide which one to take...i would suggest you consult a attorny also once before you make the choice..discuss with your attorney to make sure you will not be out of status... :)

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Originally Posted by skpanda

You will withdraw your H1 Extension only after you have EAD in hand which hopefully will be before Dec 2011. From that point on you will be on the Job on EAD so there is no need to have a H1 for job offer. In my opinion I485 will not have any issues for this. However if USCIS denies your application for H1 extension before you get EAD then you will be out of status and in the same situation as you would be if you do not apply for H1 and take leave.

Difference is in the former case (apply for H1 extension), you will have extra time (about 2 or 3 months) to wait for EAD and continue to work. However in the latter case (do not apply for H1 extension) you may not want to sit at home for few months just because your EAD takes time)

my 2 cents..

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H1 and GC are two different things: Your 140 has already established the job offer and all that. Now all you are waiting for is adjustment of of status. So as long as your job with your employer is in good health (meaning either current or future) you should be ok.

Generally when they adjudicate your 485 that time you need to be either employed in that job or have an offer in hand for that job.

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Originally Posted by memk26

Thank you everyone for the reply, my only worry is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and withdraw after getting EAD) USCIS might say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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Originally Posted by skpanda

You will withdraw your H1 Extension only after you have EAD in hand which hopefully will be before Dec 2011. From that point on you will be on the Job on EAD so there is no need to have a H1 for job offer. In my opinion I485 will not have any issues for this. However if USCIS denies your application for H1 extension before you get EAD then you will be out of status and in the same situation as you would be if you do not apply for H1 and take leave.

Difference is in the former case (apply for H1 extension), you will have extra time (about 2 or 3 months) to wait for EAD and continue to work. However in the latter case (do not apply for H1 extension) you may not want to sit at home for few months just because your EAD takes time)

my 2 cents..

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Thank you skpanda, I looked at your views and feel the safest for my situation, I hope once my employer withdraw my h1 ext petition after I have myt EAD USCIS should not get confused with Job offer and say if there is not job why do you need GC :):).. but this the safest I guess.

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Originally Posted by memk26

Thank you everyone for the reply, my only worried is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and with draw) USCIS will say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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I agree with what sogaddu has said. skpanda has a great idea if you file the extension at the 11th hour you can stay in status for the maximum amount of time. Ideally even denial should not affect your 485 approval in anyway AFAIK. However times are changing there was some discussion that memo was being applied to I140; hopefully I585 should be outside that purview. Hope that you and many more get current today.

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Originally Posted by memk26

Thank you everyone for the reply, my only worry is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and withdraw after getting EAD) USCIS might say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)

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mem... i feel you are unnecessarily taking tension... can you get a client letter from your work place? if yes, then go ahead with extension as all others are recommending and make sure you talk with your lawyer about your scenario when u r preparing the docs...

Once you filed for I485 and have EAD in hand.. you need not worry about H1 at all. You will update your immigration status in I9 and wherever applicable. USCIS is not going to look for H1.

There are more than 200K people who have applied during the 2007 July fiasco. Atleast 50% (I guess) would be working on EAD now without H1. Their I485 is still pending since dates are not current.

Bottom line.. you will be fine. However just for your peace of mind.. please check with your immigration attorney.

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Originally Posted by memk26

Thank you skpanda, I looked at your views and feel the safest for my situation, I hope once my employer withdraw my h1 ext petition after I have myt EAD USCIS should not get confused with Job offer and say if there is not job why do you need GC :):).. but this the safest I guess.

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Not a legal advise.

you just keep blathering these inane comments and you are a GC-Pandit..Bravo !!!

soggadu
Originally Posted by vchirakala
just kidding soggadu ...whole world is tensed about how the market is going to be and we are tensed about Sep bulletin ...
yes darling... isi ki naam hein jindagi... yehi ek picture hein jo sabko alag alag nazariyaa see dik tha hein...