EB2 Predictions (Rather Calculations) - 2012

I am sorry to bring this up again. What's the consensus? If the Current approved I-140 can be used to extend H1 for 3 more years with the new employer, is the risk that Pedro mentioned really a risk?- "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). "

Pedro - I am just trying to get a clear picture. I am under the exact impression as you laid it. But seems like 3yr H1 extension is possible with the new employer with an approved I-140 from prev employer.

or am i missing something?

I don't completely agree here. Not all websites are full of rumors, it depends on where you look. lawfirm websites are not usually the place for this kind of news. WSJ,TheHill,HuffingtonPost,Rollcall,politico, drudgereport etc are fairly reliable. Of course there's bias based on where these papers fall on the Left-Center-Right spectrum. it's up to you how to skim through the bias and get the news as the news.

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Originally Posted by vizcard

Unless you know the bill sponsors personally and possibly a few others, there's no way of knowing when and if anything will be passed. Let them go through the process and if it passes then great. Websites are full of rumors and false advertising by law firms.

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Hi All,


My I140 was approved in 2009 by company X and in later half of 2009 the company was bought by Company Y(AS a complete entity and all office locations stay the same) in later half of 2009. Now my Priority Date is current and i am filing my 485 but the lawyer came back and said that they will have to file an amendment of 140 along with this since the 140 is from company X. I requested them if we can do a premium processing of 140 and they said they cannot do it because they do not have the Original Labor.

My understanding is Original Labor is sent while filing the first 140 and i am not sure if USCIS sends it back once the 140 is approved. If they do not send it then i guess an amended 140 will always have to go through a normal processing time which does not make sense to me unless USCIS returns the original Labor.

According to them if i do PP of 140 then application may get denied as for I140 Premium original labor should be attached with the application.

Thanks for your help and for looking at this. I will remove this from the thread once it gets answered.

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Originally Posted by RRRRRR

Hi All,


My I140 was approved in 2009 by company X and in later half of 2009 the company was bought by Company Y(AS a complete entity and all office locations stay the same) in later half of 2009. Now my Priority Date is current and i am filing my 485 but the lawyer came back and said that they will have to file an amendment of 140 along with this since the 140 is from company X. I requested them if we can do a premium processing of 140 and they said they cannot do it because they do not have the Original Labor.

My understanding is Original Labor is sent while filing the first 140 and i am not sure if USCIS sends it back once the 140 is approved. If they do not send it then i guess an amended 140 will always have to go through a normal processing time which does not make sense to me unless USCIS returns the original Labor.

According to them if i do PP of 140 then application may get denied as for I140 Premium original labor should be attached with the application.

Thanks for your help and for looking at this. I will remove this from the thread once it gets answered.

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Recently My company was acquired another company and soon after the acquisition , my company immigration lawyer filed for I-140 amendment . I got the approval within 3 months. No premium processing.

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Originally Posted by wantgcnow

Recently My company was acquired another company and soon after the acquisition , my company immigration lawyer filed for I-140 amendment . I got the approval within 3 months. No premium processing.

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Thanks watgcnow for your reply, any idea at which center your I140 was filed.

I was trying to find the question in your post. You seem to have all the correct information. What's the question?
I'll pitch in with what I know as I have gone through similar lane.
- PP is not possible for I-140 amendment. Reason being, original labor that you attached to your previous I-140 would have been moved to USCIS 'Archive' location. CIS will not have immediate access to your labor in order to finish the processing under 15 days.
- your attorney must have told you that PP will be rejected, PP fee will be returned and the application will be processed under regular processing. Application WILL NOT BE denied just because you filed the amendment in PP.

Hope it helps!

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Originally Posted by RRRRRR

Hi All,


My I140 was approved in 2009 by company X and in later half of 2009 the company was bought by Company Y(AS a complete entity and all office locations stay the same) in later half of 2009. Now my Priority Date is current and i am filing my 485 but the lawyer came back and said that they will have to file an amendment of 140 along with this since the 140 is from company X. I requested them if we can do a premium processing of 140 and they said they cannot do it because they do not have the Original Labor.

My understanding is Original Labor is sent while filing the first 140 and i am not sure if USCIS sends it back once the 140 is approved. If they do not send it then i guess an amended 140 will always have to go through a normal processing time which does not make sense to me unless USCIS returns the original Labor.

According to them if i do PP of 140 then application may get denied as for I140 Premium original labor should be attached with the application.

Thanks for your help and for looking at this. I will remove this from the thread once it gets answered.

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Originally Posted by RRRRRR

Thanks watgcnow for your reply, any idea at which center your I140 was filed.

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It was vermont service center

There is a post-485 filing thread for this :)

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Originally Posted by gcdedo

Guys, I can certainly understand urgent stuff posted on this thread. But can we create a separate thread for all such questions.

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this question is mostly for ppl in full time position...is ur company covering your spouse's legal (lawyer) and uscis fees or just your expenses?

Ever since last bulletin is released, this thread became Q & A instead of predictions & calculations

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Originally Posted by bieber

Ever since last bulletin is released, this thread became Q & A instead of predictions & calculations

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I second the motion. and with that I become a Pandit. LOL!

My company covered both mine and spouse's cost/fees etc...but again it will vary company to company depending on their internal policy.

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Originally Posted by srd4gc

this question is mostly for ppl in full time position...is ur company covering your spouse's legal (lawyer) and uscis fees or just your expenses?

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Originally Posted by leo07

I was trying to find the question in your post. You seem to have all the correct information. What's the question?
I'll pitch in with what I know as I have gone through similar lane.
- PP is not possible for I-140 amendment. Reason being, original labor that you attached to your previous I-140 would have been moved to USCIS 'Archive' location. CIS will not have immediate access to your labor in order to finish the processing under 15 days.
- your attorney must have told you that PP will be rejected, PP fee will be returned and the application will be processed under regular processing. Application WILL NOT BE denied just because you filed the amendment in PP.

Hope it helps!

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Thank Leo, so seems like USCIS does not have access to the Original labor inorder to approve amended 140 under the same category say Eb2. They told me that if you file PP then application may be rejected but i guess what you said makes sense because Labor is with USCIS and if they do not have access to it they shall continue processing the application. Thanks for your time

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Originally Posted by gcdedo

As we have already diluted this thread, we should either:
1. Clean this thread
2. Move EB2 Prediction to a clean new thread as Jan 2012 Predictions.

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I have some time this afternoon, so I'm going into cleanup overdrive. I'm going to start on page 70 and see how many posts I can move. Your post is 2527 as I start. Lets see how low I can get that number.

This post will self destruct in ....

EDIT: Moved over 250 posts. Started on pg 70 and moved through to post VB release congratulatory messages. I created new threads where I moved the VB anticipatory messages, the 'congratulations' messages and all process and documentation related questions that didn't have any predictions or calculations relevance, from between pgs 70 through 79 (which initially constituted over 20 pages). I request the other Mods to do the same from the bottom of page 79 on.

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Originally Posted by rdsingh79

My company covered both mine and spouse's cost/fees etc...but again it will vary company to company depending on their internal policy.

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same here. they reimburse for all expenses related to GC (AOS) as well as consulate fees for visa stamping.

No worries. But it's worth trying PP though, I have heard CIS processes some times. You have nothing to lose trying, you'll get your check back if they tend to process in regular.( minus any attorney fees of course :))

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Originally Posted by RRRRRR

Thank Leo, so seems like USCIS does not have access to the Original labor inorder to approve amended 140 under the same category say Eb2. They told me that if you file PP then application may be rejected but i guess what you said makes sense because Labor is with USCIS and if they do not have access to it they shall continue processing the application. Thanks for your time

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Lucky few :)

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Originally Posted by vizcard

same here. they reimburse for all expenses related to GC (AOS) as well as consulate fees for visa stamping.

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yeah, CO threw all the calculations out of the window for the last few bulletins.( in a good way:)) Unless we can understand what's going on until Feb/March bulletin, it's hard for predictions I guess.

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Originally Posted by bieber

Ever since last bulletin is released, this thread became Q & A instead of predictions & calculations

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It was in the document sent by my lawyers for AOS for myself.

Hi Gurus, could you please answer the couple of below questions.

My company is being acquired by another company and they recently applied for I-140 amendment. if my PD (jun 13,08)becomes current in next couple of bulletins, Can i still apply for 485 with pending amendment process ? My attorney mentioned that we can apply using amended 140 receipt but old PD is not listed on that receipt, once they review the case they might assign the correct PD but is it possible to apply 485 with old company's 140 approval copy which has the correct PD ?

And also my wife birth certificate has place of birth name spelled differently in birth certificate and passport, can you suggest what action i can take here.

I will delete this message as soon as i get the answer. Thanks

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Originally Posted by EB2Jun08

Hi Gurus, could you please answer the couple of below questions.

My company is being acquired by another company and they recently applied for I-140 amendment. if my PD (jun 13,08)becomes current in next couple of bulletins, Can i still apply for 485 with pending amendment process ? My attorney mentioned that we can apply using amended 140 receipt but old PD is not listed on that receipt, once they review the case they might assign the correct PD but is it possible to apply 485 with old company's 140 approval copy which has the correct PD ?

And also my wife birth certificate has place of birth name spelled differently in birth certificate and passport, can you suggest what action i can take here.

I will delete this message as soon as i get the answer. Thanks

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There is an extensive birth cert thread that may have your answer. Also, I pushed some recent messages on employers being acquired to its own thread (Both are within the I485 universe).

Please follow the link ---USCIS Filing Tips for EAD/AP

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Originally Posted by EB2Jun08

Hi Gurus, could you please answer the couple of below questions.

My company is being acquired by another company and they recently applied for I-140 amendment. if my PD (jun 13,08)becomes current in next couple of bulletins, Can i still apply for 485 with pending amendment process ? My attorney mentioned that we can apply using amended 140 receipt but old PD is not listed on that receipt, once they review the case they might assign the correct PD but is it possible to apply 485 with old company's 140 approval copy which has the correct PD ?

And also my wife birth certificate has place of birth name spelled differently in birth certificate and passport, can you suggest what action i can take here.

I will delete this message as soon as i get the answer. Thanks

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EB2Jun08,

Yes, include copy of i140 approval(old) along with receipt for i140 amendment (pending).

Spouse's Birth Certificate: It is advisable to get place of birth corrected in the passport.

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Originally Posted by veni001

EB2Jun08,

Spouse's Birth Certificate: It is advisable to get place of birth corrected in the passport.

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In my wife's passport, the place of birth is completely different from the birth certificate which are two adjacent cities. I think it is not that simple to get the place of birth corrected in the passport as it requires getting a court order from first class magistrate. I am wondering whether any one has done that successfully ?

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Originally Posted by Reader

In my wife's passport, the place of birth is completely different from the birth certificate which are two adjacent cities. I think it is not that simple to get the place of birth corrected in the passport as it requires getting a court order from first class magistrate. I am wondering whether any one has done that successfully ?

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In that event, just get the affidavits done.

I am in same situation in regard to the birth certificate...my birthplace is different in passport and birth certificate. in my passport they have my district name as birth place and in my birth certificate it is as my town. It is really tough to get passport corrected, the indian embassy mentioned they need court order from india and some more documents which are tough to get.

but i found another work around , but i dont know if this would be accepted, indian embassy in USA gives you birth certificate as per the passports.

but my question is will the birth certificate issued by indian embassy in USA can be used as birth certificate proof?

for supporting that i can get affidavits from parents, but i just wanted to know if i can use that birth certificate.

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Originally Posted by veni001

In that event, just get the affidavits done.

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Originally Posted by mesan123

I am in same situation in regard to the birth certificate...my birthplace is different in passport and birth certificate. in my passport they have my district name as birth place and in my birth certificate it is as my town. It is really tough to get passport corrected, the indian embassy mentioned they need court order from india and some more documents which are tough to get.

but i found another work around , but i dont know if this would be accepted, indian embassy in USA gives you birth certificate as per the passports.

but my question is will the birth certificate issued by indian embassy in USA can be used as birth certificate proof?

for supporting that i can get affidavits from parents, but i just wanted to know if i can use that birth certificate.

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I got Birth Certificate from Indian Consulate. It is just a piece paper, not on Indian Consulate letter head. They copy all details from passport and will state that all information declared is as per what has been present in the passport. So, this is useless and I also heard that some one got an RFE for that.

I got 2 affidavits from my parents and as per my Attorney, that is enough.

http://www.ilw.com/seminars/august2002_citation2b.pdf

How they process 485. Old doc but very interesting to read.

Page 161 onwards is adjudication section, Very interesting

Also page 237 about I134, page 243 about IT returns

Also see about public charge (why W2 maybe) - page 171, and birth certificates page 172

Guys, please make sure you are using the current form versions available on USCIS websites. I went for my medical check up yesterday and they were still using the old version, thankfully I caught it.

I think it is acceptable to use either version between Nov 1 to Dec31. New version must be used starting Jan 1st. Correct me if i am wrong.

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Originally Posted by Karma1979

Guys, please make sure you are using the current form versions available on USCIS websites. I went for my medical check up yesterday and they were still using the old version, thankfully I caught it.

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rdsingh you are correct.
BUT we cannot argue with the adjudicators if they raise an RFE , as we dont have any direct conversation with them to explain the medicals or other forms were filled in between nov to dec, the said admissible period . Why unnecessary headache ?

Any idea when Nov 2008 EB2I will be able to file 485? Thanks

Nishant, this was helpful to get insight into how adjudication works. Thanks for sharing

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Originally Posted by nishant2200

http://www.ilw.com/seminars/august2002_citation2b.pdf

How they process 485. Old doc but very interesting to read.

Page 161 onwards is adjudication section, Very interesting

Also page 237 about I134, page 243 about IT returns

Also see about public charge (why W2 maybe) - page 171, and birth certificates page 172

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Originally Posted by srd4gc

this question is mostly for ppl in full time position...is ur company covering your spouse's legal (lawyer) and uscis fees or just your expenses?

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My company covers all fees of mine, I have to pay for my wife's USCIS fees only.

I want to add one point. Before year 2005, it was very difficult for a Chinese student to get a visa to US. Although many of them had full scholarship, the visa approval rate was lower than 30%. It was almost impossible to get a visa without a research/teaching assistantship or fellowship. Something dramatically changed in 2005 and the student visa approval rate went to 90% or even higher after 2005. I think DOS changed their policy to make money from education.

Before 2005 most of the Chinese students in US had teaching/research assistantship and they were a group of hard working students. After 2005 a large percentage of the Chinese students in US are using their own money to study. They are from rich families. Although the total number of the Chinese students went up after 2005, the quality went down significantly. Most of them only know how to spend their parents' money and they are not competitive in job market at all. That's why the Chinese PERM number went down after 2007. Most of these students only play computer games, chase ladies, spend money and sleep in class, etc. Many of them return home to enjoy the wealth from their parents.

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Originally Posted by imdeng

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.

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Ahh - I should have checked the Advocacy Forum before posting the AGREE Act posts. It is already being discussed there. Mods - please shift my last three posts to the Advocacy Forum. Thanks.

Update: Hey I am a Sensei Now! :-) Whats next?

Hi Experts, my wife came to US on H4 in 2005 and after 3 years in 2008 we applied H1 and then worked for 6 months, her employer revoked H1B and not informed her. After 8 months of revoke when she was planning to change back to H4 employer told her H1B was revoked. We consulted a attorny and she applied status change and said if we get RFE then we can apply for NPT. We recieved NOID aftre 4 months and was not confident with attorny . Then we consulted murhty law firm and she advised her to go India and get H4 stamped then re-enter. During all this time her I94 is valid and murhty law firm told us it is 'out of status' but 'not illigal stay' as I94 is still has valid date and stamping should not be an issue.
As per her advise she went to India got her H4 stamp without any issue and re-entered US and maitaing proper status there after.
During all this she was out of status for 14 months, does 245(k) apply to this and she is 'out of status' moe than 180 days.
Now my question is we are very close to apply for 485 soon together. does this out of status will result any issue during AOS? and what we can do to resolve it.
any suggesions and help in this regard is very much appriciated.

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Originally Posted by imdeng

Ahh - I should have checked the Advocacy Forum before posting the AGREE Act posts. It is already being discussed there. Mods - please shift my last three posts to the Advocacy Forum. Thanks.

Update: Hey I am a Sensei Now! :-) Whats next?

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Next you will be Master Yoda of this blog

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Originally Posted by imdeng

Ahh - I should have checked the Advocacy Forum before posting the AGREE Act posts. It is already being discussed there. Mods - please shift my last three posts to the Advocacy Forum. Thanks.

Update: Hey I am a Sensei Now! :-) Whats next?

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Done. Also, Kanmani made some relevant counterpoints on that thread to your concerns. The Coons/Rubio proposal is actually a good thing if you support ending country caps.

Nishant,

Quite interesting & comprehensive AOS procedure info. Thanks for sharing.

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Originally Posted by nishant2200

http://www.ilw.com/seminars/august2002_citation2b.pdf

How they process 485. Old doc but very interesting to read.

Page 161 onwards is adjudication section, Very interesting

Also page 237 about I134, page 243 about IT returns

Also see about public charge (why W2 maybe) - page 171, and birth certificates page 172

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