EB2 Predictions (Rather Calculations) - 2012

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Originally Posted by sandeep11

Teddy, is it true that affidavits have to be from two people other than parents. In my opinion the affidavits can be from parenets too. Please correct me if I am wrong.

Coming to affidavits two are required but they should be 2 people other than parents who were more than 10 years old at that time and have personal knowledge of your birth

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Sandeep in my case the lawyer insisted on affidavits from 2 people other than parents. So I gave one from my grandmother and uncle and my wife from her uncle and aunt. Luckily for both me and my wife everyone who signed the affidavits was part of a joint family living together at that time. My lawyer is a very rigid guy and does not answer questions and even when he answers does only in very few words, I have seen people submit affidavits from parents but on most affidavits on BC have to give the details about parents, so in that regard it maybe better that the affidavits come from others.

I think I am in big trouble now. Just now found out that I am missing one of the approval notices for my wife in between. I don't have any clue on how I could have lost that. I am going to check with my company tomorrow whether they have a copy of the H4 approval notice for my wife. If they don't have it, what are my options? I am going to check with my attorney tomorrow. But really want to know some opinion from the experts so that I can sleep today. (-:

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Originally Posted by TeddyKoochu

Sandeep in my case the lawyer insisted on affidavits from 2 people other than parents. So I gave one from my grandmother and uncle and my wife from her uncle and aunt. Luckily for both me and my wife everyone who signed the affidavits was part of a joint family living together at that time. My lawyer is a very rigid guy and does not answer questions and even when he answers does only in very few words, I have seen people submit affidavits from parents but on most affidavits on BC have to give the details about parents, so in that regard it maybe better that the affidavits come from others.

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My attorney said one affidavit signed by both father and mother will suffice. The registration date on my Birth Ceritficate is more than 1 year from birth.

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Originally Posted by Reader

I think I am in big trouble now. Just now found out that I am missing one of the approval notices for my wife in between. I don't have any clue on how I could have lost that. I am going to check with my company tomorrow whether they have a copy of the H4 approval notice for my wife. If they don't have it, what are my options? I am going to check with my attorney tomorrow. But really want to know some opinion from the experts so that I can sleep today. (-:

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If corresponding to that notice the visa is stamped on your wife’s passport you should be ok. Hopefully your attorney should have it though.

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Originally Posted by TeddyKoochu

If corresponding to that notice the visa is stamped on your wife’s passport you should be ok. Hopefully your attorney should have it though.

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Thanks Teddy. I am missing two of her H4 approval notices. One from 2001 when she first came to US and another one from 2007. I am having the H4 visa stamped in the PP for both of these periods.

the lawyer should have them... if not, i believe you can get a reprint

gc_usa, and friends, another one for proof.

http://www.qesehmk.org/forums/showth...9-2011/page138

go to post number 3428 by neospeed indicating the page got updated with coming soon for august visa bulletin. this was on 7/6/2011 12:47 PM PST wednesday. And august visa bulletin was published 2 business days later on 7/11/2011 monday.

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Originally Posted by nishant2200

got the proof.

http://www.qesehmk.org/forums/showth...)-2011/page219

search for coming soon

you will find post 5470 by natvyas , informing us on 8/3/2011 12:49 PM PST that the page has been updated for sep bulletin coming soon. 8/3/2011 was not the start of the month, it was a wednesday. Actual Sep VB was released two business days later on the 8/8/2011 which was a monday.

If I further snoop around on the forum, I am sure I will be able to find more such instances.

I think this time also it was natvyas who informed of the coming soon update, was it...

And in fact if u see that thread, I was the guy that time telling natvyas in reply it is no big deal !! how things change.

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Originally Posted by gc_usa

Could it be this true by releasing early bulletin , DOS want to build big pipeline early as oppose to told to AILA in 3 months steps.

DOS can ignore demand from USCIS if they do on 4th day of month and thus move far in 2008 and later they don't need to retro date once bulletin is published and good for one month.

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AP in hand it's a totally different game. yes, there is little risk, but 99% of population travel with AP. In fact, AP is meant exactly for that purpose :)

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Originally Posted by nayekal

Thanks Leo. I will postpone my dates if I don't get AP by that time.
But do you still see any problem if I am gone( assuming I have AP in hand) during AOS processing?

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Guys,

let's not confuse actual H1B approval ( allowed to work for company x ) document with H1B Visa ( travel purpose). Same with EAD ( employment purpose) & AP(Travel) document. You can have all 4 at the same time or a minimum of EAD or H1B approval to work and stay in the US. A minimum of AP or H1B approval to travel. If you have both, it's totally upto you as to what you submit at the POE. No one forces you. Even if you are working on EAD, if your H1B approval is valid and you have a valid h1b visa, yo can still travel with H1B Visa.( not ideal, but still ok).

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Originally Posted by sandeep11

Sorry but I beg to differ. Irrespective of whether you have valid H1 or not, if you use AP to reenter US you are stamped as a parolee. There is nothing wrong or to be scared of being stamped as parolee.

Scenario 1: You have H1 till Dec 2012 but no visa stamped and meanwhile if you use AP to reenter then you are stamped as parolee at POE. Just before your H1 expires you decide you wanted to be on H1 and file for an extension and your extension is approved you automatically fall back to H1 status.

Scenario 2: You have H1 till Dec 2012 also visa stamped and meanwhile if you travle outside US and use AP to reenter ( doesn't make sense since you already have H1 visa but just in case) then you are stamped as parolee at POE too. Next time you leave the country and you decide to come back on H1 visa which is still valid you automatically fall back to H1 status.

In short if you use AP you are considered a parolee at POE. Again there is nothing wrong in being stamped as a Parolee.

This is my knowledge, I might be wrong and would be happy to corerct myself.

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Reader,
When getting H4 stamping for the spouse from abroad while coming to USA for the first time, only primary applicant's H1b approval is required. Spouse will not have H4 (I-797) approval. Dependent visa is issued based on primary applicant's H1b.
When a spouse goes for stamping during vacation or a long stay outside USA, primary applicant's H1b approval is what is required.
I am sure about the first scenario. 2nd scenario - I am not too sure. My wife had valid H4 extension when she went for stamping during her trip alone to India couple of times - she used that and my H1b approval/extension.

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Originally Posted by Reader

Thanks Teddy. I am missing two of her H4 approval notices. One from 2001 when she first came to US and another one from 2007. I am having the H4 visa stamped in the PP for both of these periods.

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visagcinfo, Thank you so much. The first thing I saw after coming to work is your update and you made my day.

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Originally Posted by visagcinfo

Reader,
When getting H4 stamping for the spouse from abroad while coming to USA for the first time, only primary applicant's H1b approval is required. Spouse will not have H4 (I-797) approval. Dependent visa is issued based on primary applicant's H1b.
When a spouse goes for stamping during vacation or a long stay outside USA, primary applicant's H1b approval is what is required.
I am sure about the first scenario. 2nd scenario - I am not too sure. My wife had valid H4 extension when she went for stamping during her trip alone to India couple of times - she used that and my H1b approval/extension.

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My wife has a I-797 for her H4. She was on H1 and then went on H4. But she definitely did have a H4 797. When she went for her stamping, she took HER H4 797 and my H1 797.

I agree with the info provided by visagcinfo.
Also you will have a I-797 for dependents if you are applying for a H4 extension while in US. Lets say all continued to stay in US without going out of coutnry for 7 years. In this case when we apply for H1 extension and H4 extensions for dependents, the Primary is allocated a receipt number and all dependents with reference to the Primary H1 are allocated another receipt number.

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Originally Posted by Reader

visagcinfo, Thank you so much. The first thing I saw after coming to work is your update and you made my day.

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Reader,

Not sure if you are aware . there is a form I824 that you can submit ( Fee 405 USD) to get a duplicate copy of an approved visa . In this case you will need to fill 2 forms with the information . You will need the EAC #/ or whatever application # you must have had on the receipt . Either you get a copy from your lawyer or not , I would recommend you get those copies from USCIS . I have one missing myself and I applied I 824 to get a copy.

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Originally Posted by visagcinfo

Reader,
When getting H4 stamping for the spouse from abroad while coming to USA for the first time, only primary applicant's H1b approval is required. Spouse will not have H4 (I-797) approval. Dependent visa is issued based on primary applicant's H1b.
When a spouse goes for stamping during vacation or a long stay outside USA, primary applicant's H1b approval is what is required.
I am sure about the first scenario. 2nd scenario - I am not too sure. My wife had valid H4 extension when she went for stamping during her trip alone to India couple of times - she used that and my H1b approval/extension.

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Q, any info from ur source, at least about release date whereabout of VB?

Man these people know the ways to make money. $400 for a copy.
I just scan any receipt or any time that comes from USCIS and have them stored, so that would be one place instead of looking into files and digging. I know scanning everything was not that prominent in 2000.

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Originally Posted by Eb2_Dec07

Reader,

Not sure if you are aware . there is a form I824 that you can submit ( Fee 405 USD) to get a duplicate copy of an approved visa . In this case you will need to fill 2 forms with the information . You will need the EAC #/ or whatever application # you must have had on the receipt . Either you get a copy from your lawyer or not , I would recommend you get those copies from USCIS . I have one missing myself and I applied I 824 to get a copy.

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Actually, It is my bad. I was trying to find the 797 approval notices for H4 when she came to US for the first time and the second one was after another long vacation where I got a brand new H1. So, in both times, there would not be any approval notices for H4 and visa was issued based on my H1. She has all the other H4 approval notices for the exentsions she got it while in US.

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Originally Posted by Eb2_Dec07

Reader,

Not sure if you are aware . there is a form I824 that you can submit ( Fee 405 USD) to get a duplicate copy of an approved visa . In this case you will need to fill 2 forms with the information . You will need the EAC #/ or whatever application # you must have had on the receipt . Either you get a copy from your lawyer or not , I would recommend you get those copies from USCIS . I have one missing myself and I applied I 824 to get a copy.

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Can we move all H1B, AP , EAD , I797 related discussions to appropriate thread please?

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Originally Posted by srimurthy

Man these people know the ways to make money. $400 for a copy.
I just scan any receipt or any time that comes from USCIS and have them stored, so that would be one place instead of looking into files and digging. I know scanning everything was not that prominent in 2000.

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One of the reason the dates are not moving on EB-3 India China is they are cash cows for USCIS the salary of USCIS employees and the day to day expense is met by this kind of over fee!... USCIS/DOS together play tricks in our life! in the name of LAW.. and politicians give back ground music for that. And of course business lobby controls politicians if you guys seen the "Occupy Wallstreet" interview with Mike Moore, you will under stand what corporate greed is and why economy is like programmed Software!

Dont' mean to derail... you cannot possibly believe to what Michael Moore says....

Gentlemen/Ladies

Maybe we should use this thread for visa date calculations and predictions only. The other discussions can be moved to a different thread.

Just a suggestion

Regards
Nat

Sooooo... can we expect the VB out by Friday ?

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Originally Posted by vizcard

Sooooo... can we expect the VB out by Friday ?

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I fully expect that.

Nishant , I also read somewhere yesterday that they might want to release the VB possibly this friday considering fewer working days this month and next , wanting to give enough room for filing applications. Anyway , the sooner the better. This friday hopefully for a good weekend.

BTW I just got my vaccination Blood work results from my pcp and was advised by pcp 2 vaccinations not required and scheduled medicals next week.

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Originally Posted by nishant2200

I fully expect that.

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Originally Posted by immitime

One of the reason the dates are not moving on EB-3 India China is they are cash cows for USCIS the salary of USCIS employees and the day to day expense is met by this kind of over fee!... USCIS/DOS together play tricks in our life! in the name of LAW.. and politicians give back ground music for that. And of course business lobby controls politicians if you guys seen the "Occupy Wallstreet" interview with Mike Moore, you will under stand what corporate greed is and why economy is like programmed Software!

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WOW...you really think so? so you think this is all a conspiracy? dude...you and every1 know the dates are not moving because of unavailability of numbers.... dont be offended but i really cant help raise my voice when people who are so knowledgeable think like this... waise... when is ur time immitime :-)

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Originally Posted by Eb2_Dec07

Nishant , I also read somewhere yesterday that they might want to release the VB possibly this friday considering fewer working days this month and next , wanting to give enough room for filing applications. Anyway , the sooner the better. This friday hopefully for a good weekend.

BTW I just got my vaccination Blood work results from my pcp and was advised by pcp 2 vaccinations not required and scheduled medicals next week.

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Friday come... bulletin come.... all happies .... hahaha... all go through lawyer torture... all go through vaccine puncture... hahaha.... me have more friends like me... hahaha.... pocket hole duniya gol GC bol.... hahaha....

Friends let me just list out some of the precautions about the I485 photographs. I learnt these the hard way; this is my attorney’s version. I spent my Diwali evening doing these again for me and my wife. 6 identical phographs are required in all.
- Even if you wear spectacles these photographs should be without spectacles.
- Most important for ladies their ears should be visible not covered with long hair.
- Get a few extras done just in case your attorneys loose them.
Good luck to everyone for the Dec VB. This is one thing you can do in advance.

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Originally Posted by soggadu

WOW...you really think so? so you think this is all a conspiracy? dude...you and every1 know the dates are not moving because of unavailability of numbers.... dont be offended but i really cant help raise my voice when people who are so knowledgeable think like this... waise... when is ur time immitime :-)

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Dates are not moving, one of the fact is unavailability. Please read my first line once again "One of the Reason" I think you took this as I completely believe in this theory!!! but that is one of the ingredient my immitime is 2004. Planning to port.:-) lot of odds on porting!

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Originally Posted by srimurthy

Man these people know the ways to make money. $400 for a copy.
I just scan any receipt or any time that comes from USCIS and have them stored, so that would be one place instead of looking into files and digging. I know scanning everything was not that prominent in 2000.

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Murthy, I can share the frustration when we end up ponying up heavy fees on these applications. But I don't mind as long as USCIS has enough manpower coming from the fee we pay and as long as that converts in to some sort of effiency building in processing GC. btw it really stung my paunch when I wrote that check for 405 USD . USCIS supposedly mailed me the approval which I never received. Upon callin them they said they did not see a return mail and they deem it delivered. I checked with my post office umpteen times and they cant trace the mail. So anyway I wanted to get the duplicate and applied.

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Originally Posted by TeddyKoochu

Friends let me just list out some of the precautions about the I485 photographs. I learnt these the hard way; this is my attorney’s version. I spent my Diwali evening doing these again for me and my wife. 6 identical phographs are required in all.
- Even if you wear spectacles these photographs should be without spectacles.
- Most important for ladies their ears should be visible not covered with long hair.
- Get a few extras done just in case your attorneys loose them.
Good luck to everyone for the Dec VB. This is one thing you can do in advance.

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http://travel.state.gov/visa/visapho...oreq_5334.html

"If you normally wear glasses (without tinted lenses), a hearing device, or similar articles, they may be worn in your photo."

Looks like he is referring "Glare on glasses is not acceptable in your photo. Glare can be avoided with a slight downward tilt of the glasses or by removing the glasses or by turning off the camera flash."

teddy, where did you get your photographs done . Does the typical passport photograph meet those USCIS stated dimensional requirements for photos .

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Originally Posted by TeddyKoochu

Friends let me just list out some of the precautions about the I485 photographs. I learnt these the hard way; this is my attorney’s version. I spent my Diwali evening doing these again for me and my wife. 6 identical phographs are required in all.
- Even if you wear spectacles these photographs should be without spectacles.
- Most important for ladies their ears should be visible not covered with long hair.
- Get a few extras done just in case your attorneys loose them.
Good luck to everyone for the Dec VB. This is one thing you can do in advance.

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Originally Posted by immitime

Dates are not moving, one of the fact is unavailability. Please read my first line once again "One of the Reason" I think you took this as I completely believe in this theory!!! but that is one of the ingredient my immitime is 2004. Planning to port.:-) lot of odds on porting!

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port it... i personally know so many people who ported and are happily ever after... wish you all the best immi, tumhara time jaroor avega...

CAUTION TO ALL
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Guys and gals, you all are thinking too much in depth about this whole process, it is very easy and shouldnt take more than 2 hrs to fill up the forms and couple of more days to get the other things done.

When experienced people share their views, it doesnt mean they are 100% right, but they share so that people like us are covered even in worst case scenarios...

I would say take a step back ya all and enjoy the moment rather than having so many doubts in mind...

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Originally Posted by gc_usa

http://travel.state.gov/visa/visapho...oreq_5334.html

"If you normally wear glasses (without tinted lenses), a hearing device, or similar articles, they may be worn in your photo."

Looks like he is referring "Glare on glasses is not acceptable in your photo. Glare can be avoided with a slight downward tilt of the glasses or by removing the glasses or by turning off the camera flash."

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Thanks for the details. Yes it is definitely time for me to search for a new attorney; I had to be bound to this guy because of my employer. He is too rigid with things. Maybe there was glare in my case but it is good to read the official USCIS link.

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Originally Posted by soggadu

port it... i personally know so many people who ported and are happily ever after... wish you all the best immi, tumhara time jaroor avega...

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Thank You soggadu. I enjoy your posts always.. Jaroor ayega ...Mera bhi "immitime" ane wala hai!

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Originally Posted by Eb2_Dec07

teddy, where did you get your photographs done . Does the typical passport photograph meet those USCIS stated dimensional requirements for photos .

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You can get them done anywhere, just tell them its a US passport photo they will do the rest. I did mine at CVS, try any of the places like COSTCO, SAMS, Walgreens etc. Good to have this thing done correctly in advance.

Guys , I just realized my latest H1 approval with my current employer has overextended beyond 6 years of overall h1b tenure. My 6th year should end Oct 2012, however when I took my new job this Jan 2011, my validity dates on 797 & 94 is up till 2014. Well I called my attorney and he says just leave it at that for now.
I'm expecting PD to become current via my spouse( pd 4th dec 07) . Hopefully by october 2012 I will have an approved ead and dont have to deal with this h1b over extension. What scared me was I read somewhere in the forums that although uscis makes mistakes they might still hold the applicant liable to staying with in the limit of allowed regulations of 6 years . Just thought I would share this , not sure if anyone of you have had similar exp.

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Originally Posted by TeddyKoochu

You can get them done anywhere, just tell them its a US passport photo they will do the rest. I did mine at CVS, try any of the places like COSTCO, SAMS, Walgreens etc. Good to have this thing done correctly in advance.

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2 cents which can save so many cents... got them done at CVS who charged 9.99 for first 2 fotos and then 29 cents for next 2. The awesome thing is they have a 2 dollar off coupon on their website which makes it even yummy deal... so ... 9.99+.29+.29-2 is your total and taxes extra of course... thnx to teddy bhai for pointing me in this direction last month...

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Originally Posted by soggadu

2 cents which can save so many cents... got them done at CVS who charged 9.99 for first 2 fotos and then 29 cents for next 2. The awesome thing is they have a 2 dollar off coupon on their website which makes it even yummy deal... so ... 9.99+.29+.29-2 is your total and taxes extra of course... thnx to teddy bhai for pointing me in this direction last month...

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"teddy bhai" - never thought of this verbiage in my wildest imagination. Hilarious... :D

I wear glasses but always take it off for Passport photos, required for any purpose. The one I got two weeks ago for 485/EAD were also without glasses. And my attorney asked for only 4 photos because now EAD/AP is combined.
Also, I got one at CVS which wasn't good and had little background shadow so I went to Costco and got them. Came out nice.

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Originally Posted by TeddyKoochu

Thanks for the details. Yes it is definitely time for me to search for a new attorney; I had to be bound to this guy because of my employer. He is too rigid with things. Maybe there was glare in my case but it is good to read the official USCIS link.

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