EB2 Predictions (Rather Calculations) - 2012

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Originally Posted by suninphx

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?

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I would say that's the way to go. Stick with the underlying facts until the facts change.

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Originally Posted by suninphx

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?

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I think it goes beyond being optimistic. The optimistic demand calculation won't result in optimistic date movement immediately. The demand calculation itself is rooted in feedback we see from fellow members - about folks returning back, multiple PERMs etc. This information is something that USCIS and DoS cannot collect and verify easily. Their only choice is to move dates till they get the demand they need for approvals. I would say we are cautious as in the past we have been blindsided by sudden ROW demand jumps and backlog clearance.

Also USCIS always had a buffer of few thousand cases for EB2ROW even when they are current - Oct 2011 inventory shows 10K which indicates a real backlog. Now that they are rebuilding the demand for EB2IC, I think they would want to do the same.

So a optimistic movement comes from this angle.

So there are two forces at work. Optimistic demand calculation rooted in feedback of fellow members and optimistic date movement based in USCIS inventory history.

Teddy, a minor correction. I meant CO's office is the entity that intimates NVC over date movement instruction and backlog estimates. NVC is under DOS and so is CO. USCIS is under department of homeland security and does not have any direct relation with CO's office. On the other hand, NVC is direct sibling of CO's office, and speculative fee notices for future has to come from CO, the big boss of visa control division.

In hindsight, this all looks like a conspired plan, with CO bent on sticking to the direction his office gave to NVC.

I have been hounding other forums for data mining, and multiple PERMs thing is a bit deeper reality than I thought, this I will say. Also EB1 is seeing big slow down in processing, they are pissed off.

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Originally Posted by TeddyKoochu

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.
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.

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Originally Posted by nishant2200

Teddy, a minor correction. I meant CO's office is the entity that intimates NVC over date movement instruction and backlog estimates. NVC is under DOS and so is CO. USCIS is under department of homeland security and does not have any direct relation with CO's office. On the other hand, NVC is direct sibling of CO's office, and speculative fee notices for future has to come from CO, the big boss of visa control division.

In hindsight, this all looks like a conspired plan, with CO bent on sticking to the direction his office gave to NVC.

I have been hounding other forums for data mining, and multiple PERMs thing is a bit deeper reality than I thought, this I will say. Also EB1 is seeing big slow down in processing, they are pissed off.

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Besides EB1, even EB2 ROW is running significantly slow on Trackitt for last month. This could mean good news if the trend continues for a few months.

I have a question that I've been meaning to ask from quite sometime now. My PD got current in the Dec bulletin and I am getting things to ready to file as early as Dec 2nd. Now taking into account that it takes 90 days for EAD and AP, I am hopeful to have something by March end- latest.

I am planning to make a trip to India late March/ early April for a family event. My real question is- I have not been to India in the last 6 years.. ever since I came here on H1. Can I make a trip in just few weeks of getting EAD/ AP? Or will I be scrutinize for planning a trip to India right after my EAD/ AP arrival.

I wasn't able to plan a visit for multiple reasons and hoping I don't get into trouble for not leaving the country on H1, but on EAD/ AP. Please advice if someone has been in the similar situation?

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Originally Posted by Jan2008

I have a question that I've been meaning to ask from quite sometime now. My PD got current in the Dec bulletin and I am getting things to ready to file as early as Dec 2nd. Now taking into account that it takes 90 days for EAD and AP, I am hopeful to have something by March end- latest.

I am planning to make a trip to India late March/ early April for a family event. My real question is- I have not been to India in the last 6 years.. ever since I came here on H1. Can I make a trip in just few weeks of getting EAD/ AP? Or will I be scrutinize for planning a trip to India right after my EAD/ AP arrival.

I wasn't able to plan a visit for multiple reasons and hoping I don't get into trouble for not leaving the country on H1, but on EAD/ AP. Please advice if someone has been in the similar situation?

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Just by receiving EAD/AP you dont move into that status unless you change form (I dont recollect exact name of the form...but this is form you fill with HR when you joj company or when alien's status chanegs) to reflect this change. Why not attempt stamping H1 and keep EAD/AP as backup? Also, please make sure you check all your options with a competent immigration lawyer.

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Originally Posted by nishant2200

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.

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This is confirmed by my Lawyer that you can work on H1 and considered in status if someone applied for extension before the H1 expiry date. Even if its not approved and still getting processed by USCIS, the status is considered valid. I had a situation where my lawyer sent my file for extension four times to USCIS for extension and every time it came back from the officer saying he needed extra 500$, because of not considering successor of interest details. My lawyer was adamant not to pay a single penny extra to USCIS and on the lighter side may be wanted to keep that with himself, even if the company gave a go ahead to pay the extra amount since we wanted a receipt number before expiry date (end of Oct). Finally he sent the docs with reasoning to the Supervisor and it was approved. Also when the final docs were sent to Supervisor the receive date at USCIS was beyond my H1 expiry date, but Lawyer said we are good and in status as we have proof that we did the right thing and the USCIS officer did not accept because he was not looking at the right information. Hope this helps.

That is interesting info with significant bearing on PD movement. Thanks Teddy.

The factors that are important right now for EB2I movement in my mind:
A) Buffer level desired by CO - I think 30K is being considered a good estimate - could be as high as 40K.
B) Demand density 07/07 onwards - We are settling in at 2.5K/month and going down sharply after mid-2008. There is potential of this turning out to be lower with DD (Demand Destruction).
C) EB1, EB2ROW consumption levels this FY - trackitt is showing slowdown - will need to see if the trends continue. If USCIS goes on a backlog reduction mode for EB1/EB2ROW then that will negate some of the positive impact.

All in all looking quite good. I guess July 01, 2008 NVC Fee Notice is looking right on the money.

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Originally Posted by TeddyKoochu

Besides EB1, even EB2 ROW is running significantly slow on Trackitt for last month. This could mean good news if the trend continues for a few months.

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Not sure if my memory is failing me....but i remember reading somewhere that NVC fee notices had been sent to someone with a PD of Sept 2008.

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Originally Posted by imdeng

That is interesting info with significant bearing on PD movement. Thanks Teddy.

The factors that are important right now for EB2I movement in my mind:
A) Buffer level desired by CO - I think 30K is being considered a good estimate - could be as high as 40K.
B) Demand density 07/07 onwards - We are settling in at 2.5K/month and going down sharply after mid-2008. There is potential of this turning out to be lower with DD (Demand Destruction).
C) EB1, EB2ROW consumption levels this FY - trackitt is showing slowdown - will need to see if the trends continue. If USCIS goes on a backlog reduction mode for EB1/EB2ROW then that will negate some of the positive impact.

All in all looking quite good. I guess July 01, 2008 NVC Fee Notice is looking right on the money.

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BTW - for some reason, some posters on trackitt forums consider our forum to be inaccurate. It doesn't bother me - but I don't think this is warranted. We are a fact based discussion group and our assumptions are all laid out in public and discussed. After that if predictions are not accurate - it is because of the inherent systemic issues with the process and not the analysis. Even then, I don't think we have been any more off the mark than any other source. If anything, IIRC, Teddy nailed down the end of FY PD and Q has been correct about by when the pipeline needs to be filled.

I have not heard of a confirmed report of a Sept2008 fee notice. I believe the best date was announced in Ron's forum - but I don't recall what it was.

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Originally Posted by Stemcell

Not sure if my memory is failing me....but i remember reading somewhere that NVC fee notices had been sent to someone with a PD of Sept 2008.

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Quote:

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Originally Posted by imdeng

That is interesting info with significant bearing on PD movement. Thanks Teddy.

The factors that are important right now for EB2I movement in my mind:
A) Buffer level desired by CO - I think 30K is being considered a good estimate - could be as high as 40K.
B) Demand density 07/07 onwards - We are settling in at 2.5K/month and going down sharply after mid-2008. There is potential of this turning out to be lower with DD (Demand Destruction).
C) EB1, EB2ROW consumption levels this FY - trackitt is showing slowdown - will need to see if the trends continue. If USCIS goes on a backlog reduction mode for EB1/EB2ROW then that will negate some of the positive impact.

All in all looking quite good. I guess July 01, 2008 NVC Fee Notice is looking right on the money.

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And to add to what you said...all this points to increasing probability of your signature line (content) :)

I know it is not mandatory to send tax returns, W2 and pay stubs to file I-485. My lawyer is not asking for those documents and also insists that we should not send them more documents than they require. Wanted to put this on the blog and get a feel of what other lawyers r doing. So all who became current. r your lawyers asking for these documents?

Ha ha - yes I hope. Right now, I would consider it a better than half chance (hence "expecting") - although it can very well get pushed to Oct-Nov-Dec 2013 if stars don't align well. In any event, I am looking at between 3.5 to 4.5 years for filing 485 - which, considering everything, is quite acceptable.

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Originally Posted by suninphx

And to add to what you said...all this points to increasing probability of your signature line (content) :)

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Quote:

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Originally Posted by imdeng

Ha ha - yes I hope. Right now, I would consider it a better than half chance (hence "expecting") - although it can very well get pushed to Oct-Nov-Dec 2013 if stars don't align well. In any event, I am looking at between 3.5 to 4.5 years for filing 485 - which, considering everything, is quite acceptable.

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Yes - Agree :)

Based on what I have read, joint tex returns are good to have (not essential) if you have a spouse as dependent. Recent pay stubs are good to have along with EVL. W2s, though not essential again, are a small bit of paper with significant information - so good to have again. I would rather that you have more supporting docs (well arranged, with a good cover letter listing them in order) than get an RFE for something.

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Originally Posted by Karma1979

I know it is not mandatory to send tax returns, W2 and pay stubs to file I-485. My lawyer is not asking for those documents and also insists that we should not send them more documents than they require. Wanted to put this on the blog and get a feel of what other lawyers r doing. So all who became current. r your lawyers asking for these documents?

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Quote:

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Originally Posted by imdeng

BTW - for some reason, some posters on trackitt forums consider our forum to be inaccurate. It doesn't bother me - but I don't think this is warranted. We are a fact based discussion group and our assumptions are all laid out in public and discussed. After that if predictions are not accurate - it is because of the inherent systemic issues with the process and not the analysis. Even then, I don't think we have been any more off the mark than any other source. If anything, IIRC, Teddy nailed down the end of FY PD and Q has been correct about by when the pipeline needs to be filled.

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Same set of people are predicting dates to move into early 2010 by end of FY 2012. So you know how much 'weighatage' to give their opinions [:d]

Guys, maybe it's time to update the first page with latest predictions. Mar'08 is no longer a prediction, it is a fact. Just my .04$.

Monica,

someone in our forum posted that he/she had Sept2008 PD and his friend/co-worker with same PD received NVC notice because for some reason their lawyer had his friend in CP

here is the post and link

la_2002_ch
Gurus, one of my colleagues with a similar PD as mine (Sep 2008) just heard from our common attorney that he has received the fee notice for his CP case. (dont know why the HR decided to file my case as AOS and his as CP).

Does this help us in predicting any good/bad news (Hoping good... so that I can file the EAD for my wife).


http://www.qesehmk.org/forums/showth...=6687#post6687

Came across these news.

New ImmigrationTracker Visa Bulletin Report Enables a Head Start of up to 15 Days in Filing Green Card Petitions

http://www.sfgate.com/cgi-bin/articl...web8894626.DTL

I don't know whether the tracker would be just predicting an advancement of the date with an inbuilt software program or whether it would provide attorneys or HR, a real time information of the advancement of PDs 15 days earlier than visa bulletin release. If it is only meant to do prediction, than it is just another way to make money for the company. Anyways, I shared it as I thought it was interesting.

Second article is for people in EB3 category whose children is more than 21 years old and had their AOS (I-485) filed in 2007 when they were less than 21.

http://www.ilw.com/articles/2011,1026-mehta.shtm

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Originally Posted by Karma1979

I know it is not mandatory to send tax returns, W2 and pay stubs to file I-485. My lawyer is not asking for those documents and also insists that we should not send them more documents than they require. Wanted to put this on the blog and get a feel of what other lawyers r doing. So all who became current. r your lawyers asking for these documents?

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It is advisable to send these documents as they also serve as a proof of continued employment. I'm quite surprised that these (at the very least paystubs) are not mandatory.

This kind of makes sense with stated assumptions. But am curious how does this projection alter with Fairness act(I have my hopes pinned on it)?
Another question, How are the PERM's faring from June 2010 to July 2011? Where do you get that data from?

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Originally Posted by nishant2200

Veni, ghostwriter, thanks for correcting. I realized my mistake in the number of PERMs equalling 485 last night, but was unable to login and post. Seems my wifi router needed a reset.

Lets try to venture into some long term projection, although I agree its quite risk prone to do so!

So basically, the max density comes out to be 2.5k with that assumption or elsewise. Teddy has put an excellent post above, in which he is baking the porting into 2.5k. The difference in inventories pointed out by me showed 2k porting, but there was a point made about some cases added to local office, and hence 3k (I personally didn't completely understand this reason). Now let's say since even EB3 folks post july 2007 will port to EB2, few of them will, I guess we can stick with 3k max porting instead of 2k.

I think due to basic reasoning that it is CO, whose office intimates the NVC about sending fee notices, the dates moving to June 2008, the last we all know of about fee notices, has an excellent chance in the next VB or in two parts in next and next to next VB. I personally think next VB would be the kill shot, and it should take to 1st July 2008. Anything beyond that, is possible, but at this point, I feel I cannot say will happen for sure, as much as I can say for 1st July 2008.

FY 2012 has indeed been a turning point for lifecycle of EB2IC. I don't think anyone anticipated such early strikes by CO. Q was to his credit, the only person, so confidently saying that by March 2012, dates will move to March 2008 at least.

Suppose dates stop max around 1st July 2008 this FY, and due to eventual backlog level going back to 15k instead of current 25k for EB1, EB2ROW, SOFAD is around 24k, because new incoming reduces a bit avoiding most bad impact of backlog reduction. Then Folks in December 2007 to January 2008 would be borderline on GC issuance for FY 2012.

I have seen that PERMs get thinner in mid 2008 to beginning 2009, and even thinner in 2009 to mid 2010.
July 2008 to December 2008 , average PERM = 2068, 6 months 12.5k
January 2009 to June 2010, average PERM = 1644, 18 months 29.5k

So even FY 2013 will have great chance to move at least until December 2008 even considering CO has Jan 2008 to June 2008 in his kitty already, to make for next 25k + buffer.

If FY 2014, Eb1 EB2 ROW demand remains same, we assume backlog reduction already taken place by now, next move for SOFAD and buffer, should take you to June 2010.

I think regardless of how much buffer CO has left, he will magically find ways to circumvent problems, and do movements in time.

Notice that if current situations remain same, then wait time of EB2IC to apply is coming down from 5 years to 4 years to almost 3.x years in coming and current FYs.

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My lawyer also asked for same, they did not include tax return/pay stubs/schools certificates( thought she said would exame that and let me know if i need affidavit or not as my BC registration date was june 2007 and my wife parents does not have last name in the BC).

Note: probably we need to move this discussion to I485 thread, any moderator if you agree please move this to I485 documents thread.

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Originally Posted by Karma1979

I know it is not mandatory to send tax returns, W2 and pay stubs to file I-485. My lawyer is not asking for those documents and also insists that we should not send them more documents than they require. Wanted to put this on the blog and get a feel of what other lawyers r doing. So all who became current. r your lawyers asking for these documents?

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Quote:

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Originally Posted by Karma1979

I know it is not mandatory to send tax returns, W2 and pay stubs to file I-485. My lawyer is not asking for those documents and also insists that we should not send them more documents than they require. Wanted to put this on the blog and get a feel of what other lawyers r doing. So all who became current. r your lawyers asking for these documents?

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These are the documents that my lawyers sent:
Primary Applicant:

• Filing fee in the amount of $1,070.00
• Forms G-28, I-485 and G-325A
• Forms G-28 and I-765
• Forms G-28 and I-131
• I-140 Approval Notice
• Letter from applicant's employer verifying the permanent offer of employment.
• Copy of applicant's most recent I-94 Arrival/Departure Record evidencing lawful admission to the U.S.
• Copy of the applicant's current passport and any prior passports
• Copies of the applicant's status documents evidencing immigration history and current lawful nonimmigrant status in the US.
  
  • Copy of I-20 forms (both: The initial one with SEVIS barcode & the second one that was issued when applying for OPT)
  • Copy of EAD from OPT
  • Copy of all H1-B approval notices.
  
  
• Copy of applicant's birth certificate.
• Form I-693 sealed medical examination results
• Six passport photos.

Dependant

• Filing fee in the amount of $1,070.00
• Forms G-28, I-485 and G-325A
• Forms G-28 and I-765
• Forms G-28 and I-131
• Spouse's I-140 Approval Notice
• Letter from applicant's spouse's employer verifying the permanent offer of employment.
• Copy of applicant's most recent I-94 Arrival/Departure Record evidencing lawful admission to the U.S.
• Copy of the applicant's current passport and any prior passports
• Copies of the applicant's status documents evidencing immigration history and current lawful nonimmigrant status in the US.
  
  • Copy of H4 extension approval notice.
  
  
• Copy of applicant's birth certificate.
• Copy of applicant's marriage certificate.
• Form I-693 sealed medical examination results
• Six passport photos.

As you can see, no pay-stubs or w2 forms were included. So, if your lawyers say they are not needed, then don't worry about it.

Quote:

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Originally Posted by Karma1979

I know it is not mandatory to send tax returns, W2 and pay stubs to file I-485. My lawyer is not asking for those documents and also insists that we should not send them more documents than they require. Wanted to put this on the blog and get a feel of what other lawyers r doing. So all who became current. r your lawyers asking for these documents?

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I think W2 is not mandatory for I-485, but most people send it though. The reason why its not mandatory is employment based GC is for future employment. It's ironic that people leave as soon as GC process completes. Gurus, Am I right???

FYI...my lawyer asked for w2 and paystubs...i guess it's not compulsory but some lawyers request these docs as a backup or they are trying to ensure we don't get an RFE...

I wouldn't send anything more than asked for upfront. You have to assume that the lawyers know what they are doing (although sometimes its really hard ... Fragomen I'm talking to you). There's no harm in keeping the extra docs (paystubs, tax returns, etc) ready but don't send them unless asked for. I know I would be pissed off if someone sent me more than I asked for and have to take them out myself.

I did my masters here and was on OPT for 1 year.

For the question 11 "Have you ever before applied for employment authorization from USCIS ?

if i say yes should i enter the information from 1 Year OPT card or from the current H1 approval

Applied USCIS Office
Applied Date
Result



Employment Authorization Info

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Originally Posted by ravisekhar

I did my masters here and was on OPT for 1 year.

For the question 11 "Have you ever before applied for employment authorization from USCIS ?

if i say yes should i enter the information from 1 Year OPT card or from the current H1 approval

Applied USCIS Office
Applied Date
Result



Employment Authorization Info

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Follow up question - Do we absolutely need the 797 that came with the OPT or will the EAD card be sufficient ? I don't have my 797 for the OPT EAD

Was in same situation a while back. And the answer is yes.

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Originally Posted by ravisekhar

I did my masters here and was on OPT for 1 year.

For the question 11 "Have you ever before applied for employment authorization from USCIS ?

if i say yes should i enter the information from 1 Year OPT card or from the current H1 approval

Applied USCIS Office
Applied Date
Result

Employment Authorization Info

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Folks .... updated the header with my latest understanding. I haven't yet looked at the YTD consumption .... it is a bit early to do that anyway. Will take a look at consumpion trned and update in 2 weeks.

Your EAD data should be sufficient for USCIS to trace your info in their database. If I were you I wouldn't be afraid about missing that document.

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Originally Posted by vizcard

Follow up question - Do we absolutely need the 797 that came with the OPT or will the EAD card be sufficient ? I don't have my 797 for the OPT EAD

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Quote:

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Originally Posted by qesehmk

Was in same situation a while back. And the answer is yes.





Folks .... updated the header with my latest understanding. I haven't yet looked at the YTD consumption .... it is a bit early to do that anyway. Will take a look at consumpion trned and update in 2 weeks.

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qesehmk,
If i say yes, where does the info for the questions( 1)Applied USCIS Office 2)Applied Date 3) Result) come from EAD(OPT) or Current H1B

What your lawyer sent you is accurate. But if you are married for less than 2 years, you need 2 documents from the following:

If you have been married for less than two years and your spouse is applying for Adjustment of Status with you,
USCIS will require documentation to verify that you have entered into and that you currently maintain a valid
marital relationship. If you have been married for less than two years, please also submit to us with your
documentation the following items:
1) Documentation showing joint ownership of property (if applicable);
2) A lease showing joint tenancy of a common residence (if applicable);
3) Documentation showing commingling of financial resources, which could include income tax returns, bank
and credit records;
4) Birth certificates of children born to you and your spouse (if applicable); and
5) Evidence of co-participation of medical or life insurance in the same insurance plan.
--------------------------------

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Originally Posted by tackle

These are the documents that my lawyers sent:
Primary Applicant:

• Filing fee in the amount of $1,070.00
• Forms G-28, I-485 and G-325A
• Forms G-28 and I-765
• Forms G-28 and I-131
• I-140 Approval Notice
• Letter from applicant's employer verifying the permanent offer of employment.
• Copy of applicant's most recent I-94 Arrival/Departure Record evidencing lawful admission to the U.S.
• Copy of the applicant's current passport and any prior passports
• Copies of the applicant's status documents evidencing immigration history and current lawful nonimmigrant status in the US.
  
  • Copy of I-20 forms (both: The initial one with SEVIS barcode & the second one that was issued when applying for OPT)
  • Copy of EAD from OPT
  • Copy of all H1-B approval notices.
  
  
• Copy of applicant's birth certificate.
• Form I-693 sealed medical examination results
• Six passport photos.

Dependant

• Filing fee in the amount of $1,070.00
• Forms G-28, I-485 and G-325A
• Forms G-28 and I-765
• Forms G-28 and I-131
• Spouse's I-140 Approval Notice
• Letter from applicant's spouse's employer verifying the permanent offer of employment.
• Copy of applicant's most recent I-94 Arrival/Departure Record evidencing lawful admission to the U.S.
• Copy of the applicant's current passport and any prior passports
• Copies of the applicant's status documents evidencing immigration history and current lawful nonimmigrant status in the US.
  
  • Copy of H4 extension approval notice.
  
  
• Copy of applicant's birth certificate.
• Copy of applicant's marriage certificate.
• Form I-693 sealed medical examination results
• Six passport photos.

As you can see, no pay-stubs or w2 forms were included. So, if your lawyers say they are not needed, then don't worry about it.

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I know we don't have to pay for the EAD for the first time as the 485 fees would cover EAD and AP. Could someone please let me know how many years the first time EAD would be valid for?

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Originally Posted by suninphx

Just by receiving EAD/AP you dont move into that status unless you change form (I dont recollect exact name of the form...but this is form you fill with HR when you joj company or when alien's status chanegs) to reflect this change. Why not attempt stamping H1 and keep EAD/AP as backup? Also, please make sure you check all your options with a competent immigration lawyer.

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Thanks, Suninphx- You are always a big help

My best friend (works for a big company here- direct employment) went to India this year April and got stuck for 3 months for no absolute reason. I don't want to get stuck in the same situation hence I want to evaluate my option of using EAD/AP. I don't mind coming back as a parolee so long as I don't get questioned at POE. I have all clear papers.. was never out of job.. and had no issues in H1 renewals. I have seen people going through mess despite the fact that they have all the papers and good employers to back the details. I would have no issues to get my stamping done.. but my commitments here are delicate (house, work and family) that if I get stuck there for more than a week.. things will get pretty ugly here.

I will check with my lawyer to see if there would be any issues in using EAD/AP. But thanks for the prompt response :)

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Originally Posted by Jan2008

Thanks, Suninphx- You are always a big help

My best friend (works for a big company here- direct employment) went to India this year April and got stuck for 3 months for no absolute reason. I don't want to get stuck in the same situation hence I want to evaluate my option of using EAD/AP. I don't mind coming back as a parolee so long as I don't get questioned at POE. I have all clear papers.. was never out of job.. and had no issues in H1 renewals. I have seen people going through mess despite the fact that they have all the papers and good employers to back the details. I would have no issues to get my stamping done.. but my commitments here are delicate (house, work and family) that if I get stuck there for more than a week.. things will get pretty ugly here.

I will check with my lawyer to see if there would be any issues in using EAD/AP. But thanks for the prompt response :)

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This is what I found through my Attorney...
If you don't H1 Visa Stamp and you have got AP, he recommends me to go for Visa stamping. As per him, I can still use AP to come back, but after that I will be
considered as parolee and the expiry date of my legal status will be that of what I have got in my AP, but not H1.
This is ok, for guys with an expiration date on H1 lesser than the exp date on AP. You can as well apply for H1 using your I-140 and once you get a new H1, your status will change from parolee to H1.
But, if your AOS is under process when you are in parolee status, by chance (God forbid) AOS App is denied, then your AP will be canceled and you will start accruing out of status days.

Quote:

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Originally Posted by ravisekhar

qesehmk,
If i say yes, where does the info for the questions( 1)Applied USCIS Office 2)Applied Date 3) Result) come from EAD(OPT) or Current H1B

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To answer my own question. The information should be from EAD(OPT)

Quote:

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Originally Posted by Jan2008

Thanks, Suninphx- You are always a big help

My best friend (works for a big company here- direct employment) went to India this year April and got stuck for 3 months for no absolute reason. I don't want to get stuck in the same situation hence I want to evaluate my option of using EAD/AP. I don't mind coming back as a parolee so long as I don't get questioned at POE. I have all clear papers.. was never out of job.. and had no issues in H1 renewals. I have seen people going through mess despite the fact that they have all the papers and good employers to back the details. I would have no issues to get my stamping done.. but my commitments here are delicate (house, work and family) that if I get stuck there for more than a week.. things will get pretty ugly here.

I will check with my lawyer to see if there would be any issues in using EAD/AP. But thanks for the prompt response :)

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Hey np.

Only catch would be if you go for stamping and retain your passport. Let us all know what your lawyer adviced.

http://www.imminfo.com/News/Newslett...011-11-15.html Latest newsletter. There is talk of HR 3012 becoming law!!

If you go for visa stamping and get "stuck" do you get your passport back ? I didn't think you got it back. In which case have AP doesn't matter does it. You wouldn't be able to travel. What am I missing ?