Based on what I read on other forums they dont retain passport in every case. And thats what the 'catch' I was mentioing about in my post.
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"Job Title" Question:
Folks, since we are asking questions on completing the different forms, I had one on filling out the Job Title in the G325A/I-485 form. My job title on 485 is going to be different from what I put in my PERM application. However, the Job Duties and location are similar. Is this going to be a problem? Anything extra that I need to do to alleviate the risk of an RFE because of this? I looked up on Google, but wanted to see if people here have any first hand info.
Thanks in advance.
Regards
Based on my recent interactions with VFS for my own passport retained by the US Embassy for visa correction - the Embassy will NOT keep your passport if you ask them to return it to you. In case you ask for your passport back then once they have finished their process - then they will ask you to resubmit your passport for necessary action.
gurus.... please advice on this....
http://www.qesehmk.org/forums/showth...3879#post13879
Teddy/KD, my understanding from previous discussion on the forum was that for 2007 spec/veni/others used EB2:EB3 ratio as 60:40. So with 60:40 ratio in the first half of 2007 we have PERM = number of I-485, we should have more I-485 per perm if that ratio increases to 70:30 or say 75:25.
Now I want to present some more interesting data which solidifies that we have 70:30 EB2:EB3 ratio even in first half of 2007 and not 60:40. So your point that this does not cancel each other may be true. I think we should only concentrate on EB2:EB3 ratio for India as for china the ratio I calculated turned out to be 86:14. I took data from Jan 5 inventory.
p.s : We need to take this data with a pinch of salt as Spec always tells us inventory do not represent whole universe of demand. CP cases as well as those in local offices are not counted in the inventory.
---------------EB2-I-----EB3-I-----EB23I-------EB2I %-----------EB23IC----EB2IC%
Oct----------1747------1043------2790--------0.626164875----3639-------0.681231107
Nov---------1737------1181------2918--------0.595270733----3680------0.65326087
Dec---------1881------1045------2926--------0.642857143----3779------0.701508336
Jan----------1540------693-------2233--------0.689655172----2960------0.741216216
Feb---------1444------650-------2094--------0.689589303----2791------0.737728413
Mar---------1404------651-------2055--------0.683211679----2834------0.736062103
Apr---------1420------590-------2010--------0.706467662----2675------0.758504673
May-------- 1070------567-------1637--------0.653634698----2217------0.716734326
Jun-------- 1272------486-------1758--------0.723549488----2390------0.765690377
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
I saw the same argument on trackitt - but I do not see the linkage between EAD and PD movement. In fact, DoS (which sets the PD) has nothing to do with EAD (which exists in USCIS universe). Had EAD been valid for 5 years, would DoS be looking to keep a 5 year demand?? Not really - so why two years. I believe the purpose of the current buildup is to finish the FY smoothly without any spillover related visa wastage. For doing that CO needs one years demand plus a buffer. If you think that EB2I will get a max of say 35K in a year, plus 5K buffer - then you have a projected buildup of 40K. Building any more is not necessary and does not fit with the generally agreed cautious nature of CO's decision making so far.
I imagine the pattern is set as follows:
A) Keep an inventory of 30-40K for USCIS to pre-adjudicate by say Mar of every year
B) Do Quarterly (or monthly, or continuous, who knows what is happening this year) spillover to avoid sudden spike in consumption
C) Use up as much inventory as possible to ensure no visa number being wasted in the fourth quarter spillover to end the FY smoothly
D) Use the first few months on the FY (Oct, Nov, Dec, Jan, Feb) to build up an inventory of 30-40K
E) Move to Step A
This is a healthy pattern which meets everybody's needs within the current context. I think CO's office has handled this beautifully so far.
In future, this may increase the backlog for China in EB categories along with India. I think making HR 3012 Bill in to a law makes even more sense. I hope that someone makes house and senate members aware of the number of international students from India and China in US compared to the yearly green cards they can get under these unfair country caps.
The math is simple. More students from India and China = More Indian and Chinese students applying for jobs in US companies = Requirement of higher number of green cards for India and China. This is no rocket science and anybody with a sane mind should be able to understand it.
http://timesofindia.indiatimes.com/i...w/10732835.cms
here is what i brought back from my lawyer today.
1. i can get h1 extended in any case based on approved i 140.... whether i work for same organization or a new one. that too in any state.
2. if i move back to Richmond before 485 is filed, my greencard processing is valid. this is even after branch office is closed because the address while filing was that of the client location which still exists.
3. she suggested to file another labor right away from my current location which also happens to be my company's headquarters. once new 140 is approved, both will be valid and i will be able to capture my priority date.
4. if i decide to be back to Richmond, i don't necessarily work for the same client, even though that's the address on my previous filing.
The proportion of students that go back after graduating is considered quite high for China compared to India. Plus, Chinese students usually look for PhD+Academia+EB1 route rather than MS/MBA+IT/Businesses+EB2 route that Indian students usually take. Although the math is still undeniable, EB category will remain an India+China+EverybodyElse scenario. HR3012 makes complete sense for this context.
Tony I have always believed in the 75 - 25 EB2 - Eb3 ratio. The data for the first half of 2007 showed an excellent correlation of 1 between perm and I485 as you tabulated. The ratio of 1 also indicates that significant demand destruction is always in play. I believe higher demand destruction post Jul 2007 will be compensated by higher NIW due to slow perm + higher EB2 - EB3 ratio. The ratio of Eb2 to Eb3 definitely becomes more skewed when there is higher demand from China. 30K is the estimated SOFAD for FY 2011 and under the expectation that we may see similar SOFAD this year that becomes the implicit ball park target for the intake. Let’s see how well the 2.5K per month all inclusive estimate works out by looking at some of the inventories / demand data releases assuming no approvals occur.
Guys .. My friends PD is Aug 04, 2007 filed back in 2007..application is in pre adjudicated status..He did not get the approval yet..
So he is pressing all panic buttons! Any advise? Have you guys seen any AUG, 2007 approvals?
And In trackit I am not seeing any approvals from last 4-5 days...Does this mean the regular quota of numbers comes to an end for the season and have to wait till yearly/next quarter SO happens?
I agree we really need to see the actual data, you would agree that early 2007 did also see demand destruction if we assume a significantly higher destruction post Jul 2007 the ratio goes below 1 and we IMHO enter very optimistic territory. Agree let’s see how 2.5K (All inclusive) flat per month works out.
This bill has good chances of passing before end of this CY
USCIS has updated processing times on Nov 14.
https://egov.uscis.gov/cris/processingTimesDisplay.do
Guys -
I need your honest input on my predicament. My PD is 11/02/2009 EB2I and i have an approved I-140. I am in my 8th yr on H1; got it stamped till 2013 July (when it expires).
I am stuck at my current 'Job' and honestly i get this rush to jump on to a new company and start afresh with H1, Labor, I-140.
I know that this whole transition takes around 8 months - give or take and ~10k out of pocket (H1,Labor, I-140), if i get onboard a consulting firm.
Question is - What's the best course of action? Do you think, i 'suck it in' and continue where i am till Oct 2012, when we have a better sense of where things stand with PD movement or pursue new opportunities right away?
Wouldn't that be too late to switch in Oct 2012, considering that i will have less time to go through the whole - H1,Labor, I-140 cycle in 9 months(before July 2013)?.
I dont have any offers at present and i am pretty confident i will get one when i start the hunt.
appreciate your feedback..
Cheers,
Teddy, I looked at EB2-NIW data for India on trackitt I-485 and I-140 tracker. Yes, there are extraordinary number of applications in July 2007 but beyond that there are hardly any to warrant attention. And most EB2-NIW also try their hand in EB1A category. So data is inconclusive and as you say we will have to wait and see. May be the Jan 2012 USCIS inventory will shed light on the ratio we are looking out to nail down.
Take the job.
With your PD, you're not going to be current this FY under any scenario except for HR3012/SR1857. You'll be back in this spot (I140 pproved waiting on I485) before your date becomes current.
Your biggest risk is ability to renew H1 past July 2013. For that, as long as you've applied for PERM pre July 2012 you'll be fine (or alternatively have received the I140 before July 2013, but that has more risk attached to it). To file your PERM pre July 2012, you'll need to move jobs immediately (before Feb/Mar 2012 in any case).
And if HR3012/SR1857 passes, you'll probably not be delayed by more than a few months that it takes you to clear your PERM as you can cofile your I140/485. The cost of the application I don't have enough information to comment on. In my case, if I switched jobs the difference in pay/happiness quotient would more than make up for the cost of processing the GC.
Hope that helps.
In general I think it is a good idea to take an opportunity when one presents itself. You are far enough from the PD right now and will probably not be current until sometime in 2013 - could even get delayed until the end of 2013. With an approved I-140, you should not have a trouble extending your H1 when you need to - and if you shift in time then you will be ready to catch your PD when it becomes current sometime (hopefully early) in 2013.
I would suggest wait till you see the next i-485 inventory report and also demand data in Feb/March. Currently no one has complete picture of demand data post July 2007. If I were you, I would wait for 2-3 months to see how far the dates could move for FY 2012. Also, you have the hassle and cost of reapplying for Labor, I-140 etc..
Would i get a 3 yr H1 extn with an approved I-140 with a new sponsor or an extn till July 2013?