Printable View
Friends,
I got current in Nov Bulletin. I applied for I-485 for my myself & my wife on November 3rd.
My Priority date is Sep 14 2007 which is specified correctly in my I-485 receipt.
In my Wife's I-485 receipt, Priority date is specified as Nov 3 2011(Same as the Received date) instead of Primary applicant Priority date.
Does any of you have similar discrepancy with dependent's priority dates in the receipts?
Thanks,
[Moderators, please move/delete this after a few days]
HR 3012's companion bill, S. 1857, has just been introduced in the Senate Judiciary Committee. This will allow HR 3012 to pass the Senate quicker than if the companion bill had not been introduced.
Please show your support on PopVox and OpenCongress just as you all did for HR 3012.
Please note that this time around, the voices AGAINST these bills are much louder. It is even more important for us to do the little we can (as opposed to just talking about it here on the board).
POPVOX: https://www.popvox.com/bills/us/112/s1857
OpenCongress: http://www.opencongress.org/bill/112-s1857/show
And in case you missed voting for HR 3012 earlier, please do so now.
POPVOX: https://www.popvox.com/bills/us/112/hr3012
OpenCongress: http://www.opencongress.org/bill/112-h3012/show
Please... "DO" the little you can to support this bill.
Thank you!
Thanks, this is really very good to know.Quote:
Originally Posted by familyguy
Refer to the thread http://www.qesehmk.org/forums/showth...5-Filing/page2. Even my wife’s receipt has the RD as the PD. Looks like it’s a technicality nothing to worry.Quote:
Originally Posted by chandrukv
Sorry for posting this in wrong email thread. MY Date is current in Dec Bulletin and i have few questions regarding my wife application in I485 Form.
My Wife is currently on H1 B Visa and Recently Her employer filed her extension and it is in Pending status ( old I94 was expired . She is on valid status and working on H1B Receipt Number)
In this situation what is the best answer to fill in I 485 Form for the questions "Current USCIS Status and Expires On" ?
Form : i-485
Part #1
"Current USCIS Status and Expires On"
Hi,
I have been following this blog for a few weeks and still soaking in the details your members present. Most of it goes over my head! I can't believe this one usually doesn't show up in a typical Google search.
My GC EB2 India PD is 05/13/2008. Looking at the Dec bulletin, I'm hoping that I might be current in the next month or so.
My question is slightly off-topic but am hoping someone can guide me.
I was arrested back in 2001 while I was in college. Was charged with trying to break into a house, false accusation (right after 09/11 and all that). Spent a few days in jail waiting for the bail. The case was later dismissed, I think with a diversion. I remember having to write a paper as part of the diversion proceeding. I don't recall if I went ahead and had it expunged later or not.
I want to know what exactly about this case is needed to be submitted as part of my AOS application. This was so many years ago, I don't recall many details and also I don't live in the state where I was arrested. I called the circuit court and the district court of the county but the court clerks weren't able to pull any information based on my name/SSN etc., I know I had to get a document from that court 5/6 years ago when filing for either H1B or Perm. I got those docs form a friend at that time, but I'm not in touch with that friend now. I don't have that document anymore.
I'm not sure what to do now. If anyone has gone through submitting docs on a possibly expunged case, your help is appreciated. Also, would like to know any impact this may have on my application.
I haven't talked to a lawyer yet. The attorneys at work are supposed to take care of the filing - Fragomen. But, I believe they are rather busy with all the other cases right now I haven't been contacted yet.
I believe to live and to work are two different things.
Quote:
Originally Posted by familyguy
QQuote:
Originally Posted by qesehmk
I think the new company could extend his H1b for 3 more years using the approved I-140 of the old company.
http://www.murthy.com/chatlogs/ch122710_P.html ( First Question)
Please clarify me if I have misunderstood.
Kanmani
Thank you for siting this. Very useful. I think (not 100% sure), that would be quite restrictive for USCIS to use 140 from another employer to extend H1 with another one because the assumption there is that the GC process with the former is still in progress.
In this case, since the employer is shut down, i am not sure that it will be valid... but hey ... one can try!
Quote:
Originally Posted by Kanmani
good point
Quote:
Originally Posted by dce.deepak
Kanmani / Q I know of one example first hand. He is my close friend we both joined our consultancy company on the same day. He left the company to take up FTE with another company however my company told him that they will revoke his I140 however looks like did not keep their promise. My friend recently obtained his 3 Yr extension as opposed to 1 Year that he was expecting based on time left on H1 thanks to the I140 from the old company. So this is a little grey area but works.Quote:
Originally Posted by qesehmk
Kanmani, Thanks, our objective here is to arrive at a agreeable number based on numbers and then align our beliefs accordingly. Tonyromo proved beyond any reasonable doubt that the ratio of perms - I485 is really 1, even Veni has worked on this very extensively earlier and given us this axiom. My original assessment was based on the Jul inventory which is actually an anomaly due to various special factors prevailing at that time. I tried to bake the porting in the figure to make it simple. Very happy that we all agree, in fact the discussion was really helpful, you are right when doing this we should forget our own PD's and case totally. Lets sincerely hope that the next bulletin also has some more forward movement so that more people can file 485, CO is barely at 30K looks like.Quote:
Originally Posted by Kanmani
Nishant/Teddy/Q
One question and may be it has been discussed before. Lets say by the end of Sep 2012, 30K EB2-IC 485s are filed but only 20K are processed and approved and the remaining 10K 485s are pending inspite of the best efforts of USCIS to process the cases. Lets say the SOFAD for the year turns out to be 30K. What happens to the 10K extra available visas. Do they go to EB3 or are they put in a separate buffer and can be used later in next financial year when the cases are approved. What is the official rule in this scenario.
Teddy thank you for all guidance.Quote:
Originally Posted by TeddyKoochu
One question- are we projecting 2500/month density for whole 2008 or only till Jun/Jul 2008?
Thanks Teddy. That is a good hope for the person in question.
A slight complication here is that the company that filed (assuming its the Richmond office that filed) has folded. If true, when USCIS scrutinizes the underlying 140 as the basis for H1 extension, that could be a problem. But honestly if the parent company wants to retain this guy, they can IMHO make an argument to USCIS that the 140 is still valid since although operations are folded, the person will continue to use Richmond as his primary location.
The question is - does the company want to fulfil this or do they want to extend his GC process!!
Quote:
Originally Posted by TeddyKoochu
Kanmani, My spouse has done this twice with 2 different big attorneys and everyone including USCIS agrees that as long as you have some I140 (approved state and not revoked yet), they let you extend 3 yrs in H1. Even for a different employer.
Spouse has I140 from company A
We have extended 3 yrs based on that for company B's H1B
we have extended 3 yrs based on that for company Cs H1b
SuninphxQuote:
Originally Posted by suninphx
The total IC perms in the years 2007 and 2008 are almost similar with the diff of 1300 approx is negligible too.
Ok that makes sense.Quote:
Originally Posted by Kanmani
Is demand destruction included in these calculations or it's on top of this. ( I am going to read Teddy's post again)
And also to add, we have to give up Spouse's PD (Sep 2007), since Company C said they will sponsor GC after 6 months and we just switched to Company C in Jun 2011.Quote:
Originally Posted by SaturnRing
Hi,
Actually for H1B extension USCIS is not scrutinising the I-140 we use. When i moved for fulltime employement last year, i got RFE because my fulltime company applied for 3 years H1b where in i had only 2 years left in my 6 years. in that RFE uscis asked whether i had any approved I-140 to get 3 year extension.
My friend got 3 years extension with I-140 from different company....So i dont know whether it is grey area or whether it is valid...but USCIS accepts the any valid I-140 for 3 year extensions
Quote:
Originally Posted by qesehmk
This is a personal "what if" scenario but may be relevant to others.
My PD is 8/20/2008 and my current H1 expires 11/30/2012. I obviously have to renew my H1 to be on the safe side. But is there a logical cut off point where it doesnt make sense to apply for an extension?
As an example, if I hypothetically get current by April and I apply in the first week of April, I could "EXPECT" EAD by Aug or Sept. in such a scenario does it make sense to apply for a H1 extension? What arguments could be made pro/con such a move?
PS: question is based on the calculation that if they wanted a 35k intake, they would need to move 4-6 months.
mesan / saturnring, thank you.
Looks like this is quite easy and straightforward then. Nishant pls update us on how your case moves forward. It will be helpful to others.
Quote:
Originally Posted by mesan123
Sun I agree with Kanmani's observation of the similarity in 2007 and 2008 perm numbers. So this approximation of 2.5K per month including everything will work. Now this factor of 1 has been validated against the first half of 2007 when demand destruction may have just been regular. In 2008 especally the later half not really the earlier part the demand destruction may have been higher because of virtual stoppage of perm approvals. As of now for the range that is current we have not hit that zone it really starts from May - Jun 2008 observe the perm table. So if you like you can have an additional destruction factor to cater to the 2008 market and perm situation it will swing the calculation to the optimistic side IMHO.Quote:
Originally Posted by suninphx
At this point, I personally, can only vouch for you with a degree of certainty in Q1 FY 2013. If you get in anytime in FY 2012, you got lucky because of less density a month due to factors people are speculating, like demand destruction etc. and/or high SOFAD expectation based on low demand in other categories.
My advice: Go for your last H1 extension and obtain peace of mind, and avoid what if scenario. If you want to take chance, then I think they promise EAD/AP in 90 days from applying, so that's your worst case situation. But let me tell you, there is no penalty to them if they dont give you in 90 days...
ps: I just read your H1 expires on 11/30/2012, that's quite late dude, for some reason I read it as something early earlier on. theoritically I believe you can even work on H1 if you have applied for it and have receipt, so can delay applying till like last moment is it. I personally faced this dillema this year, my H1 expiring in October 2011, I still went ahead and applied for extension 6 months (max allowable) earlier than the expiry for peace of mind, and turned out right, I ended up needing it. You never know.
Quote:
Originally Posted by vizcard
This is my understanding. They can have dates current such that say in the last month or two months of Q4 FY 2012, they are able to "attach" visa numbers to those applications, and approve them later on. Such a movement forward would be a big one, so that they can grab as many CP applications who have fees paid, as well as for AOS applications, some applications randomly who happen to be on the "top" of a officer's table would get more lucky for visa attachment, those who missed out being on top will hopefully get in next FY Q1 because CO is happily doing QSP these days. Approvals would start trickling in Q1 FY 2013 due to this.
ps: to be on top of the table, people speculate drop in your applications as early as possible, hence the rush to get in on the 1st. I still say, make sure nothing incomplete and properly reviewed, better to not get an RFE and reach application on the 4th, instead of something messed up and getting in on 1st.
Quote:
Originally Posted by GhostWriter
I have a concern in my present GC processing.
I am working with company A who filed PERM and later I-140 in EB2 which got approved but my priority date is Feb 2011. I am sure its a long waiting line for me. However I am getting offers to join another company B and wanted to know what I need to expect from this new employer to continue my PD. I think it is about AC-21 portability, can any of you let me know the steps involved in this portablility and what I have to ask from my new employer and their HR or lawyer. I appreciate taking interest in answering my concern, with best regards.
sugada
Please try to obtain the copy of I-140 approval notice from employer, that will be used to port your PD, or at least the case receipt number.Quote:
Originally Posted by sugada
Company B has to again through entire process from beginning for GC, only thing lawyer will do is attach copy of prior I-140 approval notice of company A and request USCIS to use older PD on the new I-140. If you don't get copy of prior I-140 approval notice, I have heard that just knowing the case receipt number also has worked. 2011 is surely long way off, don't lose opportunity. I personally wasted a lot of time sitting around with same employer. As long as you have confidence new employer won't have problems doing EB2, go ahead.
ps: sugada, are you sogaddu's cousin :)
Thanks Nishant. This would make sense. Since 2007 this would be the first year when they will have to do a huge number of approvals so it might eventually come down to this scenario.
Quote:
Originally Posted by nishant2200
Sure man, no one will complain in EB2IC!Quote:
Originally Posted by GhostWriter
If you guys see trackitt 485 forum, good to see EB1 etc reaction on our big moves
Folks,
Found below info from CIS CFR regarding Submitting Secondary evidence & affidavits. If I interpret this correctly, it says when Birth Certificate details are incomplete or unavailable, Secondary evidence is Church or School Records. If Secondary Evidence also is not available, then 2 Sworn affidavits come into play. I think this is in line with what Nishant's Lawyer told him. Tear it apart.
(2) Submitting secondary evidence and affidavits .
(i) General . The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required docum ent and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.
(ii) Demonstrating that a record is not available . Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicat es this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement. (Amended effective 6/18/07; 72 FR 19100 )
http://www.uscis.gov/ilink/docView/S...0-0-11565.html
Thanks.
Guys, I am kind of in dilemma here and need some advice. My priority date is in June and I am hoping it to be current in next bulletin. The problem is wife is currently out of US and I am planning to join her late in Dec. We are planning to coming back in Feb. Now the things I am unclear about is :
1. Can I go out of country immediately after applying I-485?
2. What are the chances that PD will remain current for me in January 2012? (I don't want my wife to cut her trip short and come back in Dec. She is couple of important functions to attend - like her brothers wedding) I was hoping I could file my wife's AOS after she comes back. Is this a good idea?
3. How long generally lawyers take to prepare the I-485 application and file?
4. Should we file together (either in December or when we come back )?
Am I missing any point that I should consider in this situation?
Help will be really appreciated.
Don,Quote:
Originally Posted by DonDron
January VB should be out by mid December, if your PD is going to be current you can always change your rerun flights to come back and apply for AOS.
Q1) Yes, on valid non-immigrant status (when you come back have to enter into US using a valid VISA).
Q2) Don't know at this point!
Q3) This shouldn't take more than a week.
Q4) Yes, strongly advise to apply together.
Veni, Thanks.
I am going India in last week of Dec. Are you suggesting, come back in January and apply for AOS? I was thinking in same line but not sure if my PD will be current in Feb 2012 visa bulletin. Also, can you please clarify, what are the reasons you are strongly advising against not filing together?
Don,Quote:
Originally Posted by DonDron
In that case even if you are going to be current you will have at least a week before you leave to IND. Once January VB is out and if you are current then get all the paper work done before you leave, both of you can come back by last week in Jan to apply AOS, if your PD continue to be current in Feb'12 (based on Feb VB, will be released by mid Jan) you can come back in Feb ( as originally planned) and apply AOS.
When both you and your spouse don't apply together then, when you apply for your spouse you need to include your i485 receipt, tax returns...etc (additional evidence), which could delay spouse's AOS. If the dates retrogress before sending your spouse's AOS application could be a whole different story!
Maybe I am confusing myself. Can someone please help me and correct my understanding?
1. In Dec, whatever visa bulletin comes, Is it called January Visa bulletin?
2. I am hoping to be current in the next months visa bulletin. Is it January Visa bulletin?
3. So, if 1. and 2. are correct, does it mean if in the next Visa bulletin, (January visa bulletin) I am correct then I can file AOS by 31st January even if in the visa bulletin which comes in January 2012 (which would be Feb visa bulletin), dates retrogress?
Don,Quote:
Originally Posted by DonDron
December'11 VB was released last week, so next VB will be Jan'12.
Q3) Yes
Teddy, I had replied to Tony's message earlier. But did not get further discussion. Please see below and let me know if my thinking has valid grounds in your opinion.Quote:
Originally Posted by TeddyKoochu
Quote:
Tony, based on the evidence presented by you, I would agree with you and say that my ratio is optimistic. The reason I was going for a ratio less than one is that in the last four years their has not been the support of EAD which was there for pre-July2007 filers, the recession and people going back & that wasn't the case in pre-July2007, people filing multiple PERMS due to job changes without an EAD.
More people filing in EB2 is already accounted in the higher ratio of EB2:EB3 and should not be used to compensate for demand destruction.
In spite of these factors, I agree with you and say, the ratio to be taken is 1.0
Quote:
Originally Posted by nishant2200
Thanks Nishant,
I do have a copy of I-140, and I hope it wouldnt be a difficult challenge for me to convince my new employer to file I-140 again. I will certainly pursue this.
No, I am not sogaddus cousin but I would certainly like to be a brother among this band to march.
Thanks for your great advice.
Sugada
KD your point is valid, in fact Suninphx & Kanmani have also been making the same point. The ratio of 1 is from the first half of 2007 it certainly has demand destruction but something that would be more relative to that time (Things were good in early 2007), everyone had the cushion of EAD & AP though. Now agree that the situation was bad in 2008 but it was only in late 2008 in fact from May - Jun 2008 that perm became very tough to come by so we haven't hit that zone in essence. I would believe that demand destruction will be higher if someone’s labor went for a long audit.Quote:
Originally Posted by kd2008
In fact everyone who missed Jul 2007 to Mar 15th 2008 has been in kind of the same situation. Now since some destruction is only baked in by using 1 as the factor I feel the rest should be used as a buffer really. Otherwise you can choose something like 10% which just reduces the intake from 20K to 18K which hardly would make the difference of a month. I honestly believe that the next bulletin has to be the final intake as by that time PWMB cases filed last month will start to ripen up for sure and maybe even some filed in Nov. Nishant told me that the NVC works under the direct supervision of CO's office and since the fee notices went out till sometime in Jun 2008 PD's the dates may likely move there if the intake has not been sufficient. By all accounts even in the most optimistic scenario that is safe for a 30K buffer. Also on another note if labor becomes tough NIW is the way to avoid that and these cases are not even there in the perm data so this might compensate some of the destruction.
Teddy, thank you for explaining the nuances.Quote:
Originally Posted by TeddyKoochu
KD, that's what my thought was. But same time I think for now we can go with 2500/month for whole 2008 and see how it pans out in coming months. Just don't want to be too optimistic as these are still initial days. What do you think?Quote:
Originally Posted by kd2008