Thanks for the reply vizcard!
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Thanks for the reply vizcard!
By last week of Jan, much before that in fact, there will be February VB out.
If February VB does not make you current, [break] i.e. go ahead with whatever you were going to do.
If February VB makes you current:
- need to be physically present in the USA on the received date of the 485 application. Since you would be current in February only, it would mean that if you make it the earliest possible date of Feb 1st received, you would have to wait till around 10th February to actually see that received date on the filing receipt, for the complete peace of mind.
- After this around in a month, you get FP notice. You don't want to miss that, else your application maybe considered null and void.
- Also you would have to enter with H1B stamp, as your AP would not be with you if issued meanwhile. I am not sure if you are making a foreign trip in meanwhile and also have applied for AP, what that means for the "validity" of that AP application.
- vizcard suggested civil wedding, but I would highly suggest at least some sort of small event with religious overtones and photos etc taken, with wedding certificate duly signed by the priest etc. You want a strong proof of marriage, especially since yours would be a recent marriage. Be ready for potential RFE for proving bona-fide marriage also, in which case, the stronger proof of marriage you have, the better.
I understand your dilemma, if not for the marriage, I would have just said, wait until you get EAD/AP card, and then go to India. Now marriage part, I think as long as you get married before your 485 is approved, you can add your wife when/if dates are again/were always current. A negative side is that if dates retrogress, your wife would have to wait for H4 on a year or two, as well as you have to keep your H1 valid. Others may comment on this.
Quote:
Originally Posted by EB2-03252009
Quote:
Originally Posted by vizcard
Gurus,
Sorry to post it here. I posted in different thread and don't see much traffic in there to get answer for this. Posting it here, please feel free to move it to appropriate thread.
With gods grace and with all your support my PD bacame current as of Jan 1 2012.
My current H1B is expiring on Feb 18th 2012. I will be filing my I-485 on Jan 1st.
When is the best time to file for H1B extension. I know that I won't be getting my EAD by Feb 18th 2012.
Option 1 : Apply H1 extension now and apply for I-485 after we get the receipt for H1B extension
Oprion 2 : Apply I-485 now with the current H1B approval notice which is valid till Feb-18-2012. And apply for H1B extension with the pending I-485 status.
If I take Option 2 I can apply for H1B extension in regular processing before end of Jan 2012, so that I can get my H1B extension receipt notice to maintain my working visa status. Once I get my EAD I will move on to that. But if something happens to H1B extension do I need to worry about it after I moved on to EAD. Will I be out of status between Feb 18th 2012 and until I get my EAD. Hoepfully not, as we can work using H1B extension receipt correct.
Please advise.
Did Fragomen guys contact regarding the next steps?Quote:
Originally Posted by vizcard
Did fragomen guys contact you regarding next steps?Quote:
Originally Posted by venkimakthal
How manyyears left on your H1 after 2013? Based on that it may be decided if a normal H1 extension would suffice until May'2011 becomes current to be eligible for EAD / AP.?
If you are near to the 6 years bracket then a I-140 would give you a chance to get H1 extended in 2013 by 3 years and by that time the EAD via spouse should be available.
Quote:
Originally Posted by SaturnRing
We do not get approval notices for B1 / B2. I have a few B1's stamped and never had a notice because it doesn't go to USCIS for labor certifications.
Quote:
Originally Posted by Pdmar08
I haven't heard from Fragomen since the bulletin came out but I did get a list of documents that they need for I485. I've sent them a couple of emails about document format (birth certificate and affidavit), but I haven't heard back from them about that.Quote:
Originally Posted by wantgcnow
I did the same too.. they haven't contacted me yet but did get a list of docs before the bulletin came out...PM me If you do hear from them and how things go..I will keep you updated.....I know that they are very slow....for one of my collegue who got current in December bulletin (Nov 10) they haven't finished filing yet...Quote:
Originally Posted by vizcard
I am also in some what similar situation. My wife changed her status from H4 to F1 (infamous UNVA) and later on she applied for COS to switch back to H4. However, the COS application is still pending. I got the confirmation from my attorney that she can also apply for I-485 along with me.Quote:
Originally Posted by enigma
I am still trying to wrap my head around the movement in last VB. Somehow the whole thing is not sitting well with our well established impression of CO/DoS as being ultra-conservative in their approach. If we think through the timeline, this is what happened:
1. Early Summer 2011, low demand from EB1 prompted admission of large SOFAD and early PD movement.
2. PD movements continued to be aggressive until USCIS found some extra demand
3. PD stalled at the end of FY and we fail to cross 07/07
4. CO goes for Quarterly SOFAD in the new FY and also recognizes the need for building inventory for the coming SOFAD
5. Oct, Nov, Dec VB (movement up to 15-Mar-08) was measured movement for building inventory only
6. Gets info on low number of applications against Oct and Nov VB Bulletin (upto PD 01-Nov-07), pushes PD to 01-Jan-09 in Jab VB to account for low number of filings.
Except Step 6, everything else above is conservative. What has changed for CO to undertake a drastic 10 month PD movement? Especially since it is Jan VB and CO still has a couple of months to move PD and ensure that visa numbers are not wasted. Just saying its discretion does not cut it since the current action goes against what we have observed to be CO's primary approach.
If CO had been true to his approach, and needed PD to go to 01-Jan-09, then CO could have done 4 months in Jan, 4 months in Feb and 2 months in Mar. Why this hurry of 10 months in one shot? The explanation I have is that for whatever reason (demand destruction, building up to some inventory number, possibility of HR-3012), CO wants to go further than 01-Jan-09, that why this 10 month hit now and possibly another 6 months in Feb and 3 months in Mar (small chance). I still do not expect my PD (Aug-09) to be in line for being current this FY, but I imagine people in first half of 2009 better get all their documentation ready.
My PD 04/08/08, Fragomen expecting my date become current after Dec VB, they send me AOS Questionnaire, Birth Affidavit, requesting $2140 check "Fragomen, Del Rey, Bernsen and Loewy" (they will cut the checks to USCIS), 6 photographs and medicals.Quote:
Originally Posted by wantgcnow
Folks - we have a post-485 thread as well as a "Prepare for 485" thread. Both are well visited. Please consider asking any non-emergency questions in the appropriate thread. Thanks.
Teddy, Nishanth
have you guys received FP notice? if possible, can any one give the estimate on how much the time gap between receipt date and finger print notice and actual fp appointment
I will delete the post as soon as possible, sorry for other folks who would get mad for non-calculation post (just like i was mad last month)
Guru's,
MY PD is 04/02/2009, can anyone see my PD being current in Feb or March VB??
Any insights is greatly appreciated.
Need Quick help.
On 485 application there is a line saying enter ur name in native alphabet if applicable....so do they want it in Marathi(my mother tongue) or hindi or is that not applicable...freaking out.
Hi,Quote:
Originally Posted by pdmay2008
I would suggest go with Option 2. Once you receive the 485 Receipt Notice then immediately file your H1 with regular processing(reason is in case you file for premium and it gets rejected for some reason then you might be in trouble and this will save you money too, also this will buy you more time and you may get your EAD/AP by the time you get you H1 approval) .
I believe Option 2 is a much cleaner approach and less complicated. In any case check with lawyer regarding this
I-94 which came with your Latest I797 overrides the older one. When you leave US you need to submit both old and new one at the POE.Quote:
Originally Posted by dreamer
As per my lawyer, write your name in your mother tongue ( Marathi in your case ), i do know many famous attorneys who did not say a word about this question( feed back from my friends). But i guess it makes sense to just write it in your Mother tongue script.
PS: Let us all please discuss 485 related question in appropriate thread. I know that thread is not active( nobody cared to answer my question) and no one want to post there ( including myself)
Moderators i....s there any way we can make I485 related threads Active??
Quote:
Originally Posted by Pdmar08
Hi... I am new to this forum, I have a question.
I am currently working for Employer A and have EB3I perm and 140 approved with PD Aug 2008.
I am in the process of porting as EB2I future employment thru Employer B, I have got my perm approved thru employer B and yet to file I140. Now, since dates have moved to Jan 2009, can I file my EB2 140 and 485 concurrently in Jan.
Gurus your views pls!!
Can somebody throw some light in to the scenario??Quote:
Originally Posted by srisaikrupa
Theoretically, Yes.
PS: I don't consider myself as an expert, but you want to check with your (or, company B's) lawyer to avoid loosing time.
Quote:
Originally Posted by msdhoni
By all means you should try to convince company B to file I140 and 485 concurrently because the dates may retrogress at some point of time. By concurrent filing you can guarantee EAD / AP for yourself.Quote:
Originally Posted by msdhoni
Absolutely YES. Be on top of it. Dates won't stay there unless the Immigration bill passes.
Quote:
Originally Posted by msdhoni
Now we know for sure that Dates will retrogress. Just a matter of time. Folks who are Current don't waste any time in filing your APPs.
Quote:
Originally Posted by vizcard
Ron Gotcher has an interesting response to someone asking whether PDs will continue to progress or whether there will be some retrogression. Here is what he said:
Hmm... I guess he is saying that retrogression is not needed at the moment since USCIS is not ready to ask for visa numbers after processing 485s received this FY. Since Jan will bring new Quarterly spillover visa numbers for EB2IC, retrogression may not be needed until the current VB intake gets processed (Jan-12 + 6 months?). So we may have PD move forward a little or retrogress in late summer once all the spillovers are allotted and no more visa numbers are available. Thoughts?Quote:
I think that it is going to continue to progress. In order for a retrogression to be needed, the USCIS will have to improve its I-485 processing times. I think we can take it to the bank that they are not capable or willing to do that.
Ron further continues in another post regarding possibility of retrogression to 2007 or 2008:
Link to thread: http://www.immigration-information.c...ad.php?t=15831Quote:
IF there is a retrogression, I doubt that it will be that severe. Again, in order for there to be a retrogression, you have to believe that the USCIS will do its job promptly and efficiently. OK, stop laughing. I meant that seriously.
Another interesting tidbit from Ron Gotcher. Someone asked him about demand in 2008, 2009 PDs. He said the following:
I am not sure where that 70% figure came from. If that number is high enough (even if not 70%) then that will explain why USCIS is seeing low 485 demand this FY.Quote:
The problem there is that we don't know how many of those PERMs were EB3 to EB2 upgrade cases. According to the Visa Office, possibly as many as 70% were filed on behalf of people who already had EB3 adjustments pending and wanted to upgrade to EB2. If so, then the potential demand is much smaller than expected.
Link: http://www.immigration-information.c...t=15693&page=2
sorry for the delay, have been swamped at work.Quote:
Originally Posted by Archer
It was by RamChan on the thread Prepare to file or something.
pasting below.
As the dates are expected to move fast for the next few months, lets prepare for the documents required to file 485.
The following is a generic list of documents required for applying for 485/AoS application:
Form I-485
Birth Certificate
Copy of Passport page with nonimmigrant visa
Color photographs as per new guidelines
Fingerprints ( USCIS will notify when and where to provide finger Print)
Fee : Non refundable Fee: $985( Effective Nov, 23, 2010) by check or money order
Form G-325A, Biographic Information (for those between the ages of 14 and 79 years)
Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.
Copy of your I-797 Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available)
Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. ( Must be completed by the USCIS authorized physician)
Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable your lawyer to represent you.
Form I-765, Application for Employment Authorization or EAD ( Optional, if you want Employment Authorization while the case is pending)
Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending)
You might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case.
Makes Sense, thank you for the prompt response.
EB3I IS actually moving faster than just 2.8K/year. In last one year, EB3I inventory has gone down from 59K to 53K - double the usual county quota. Even with people falling out from inventory with porting, a 2.8K quota per year does not do much for the really dense 2002/2003 for EB3I.
Quote:
Originally Posted by sportsfan33
imdeng/Teddy
Here is a question. If a person in EB3-IC had a priority date of lets say 2005 or later, he became current in July 2007 and filed I-485. But lets say he still filed a PERM in EB2 with a PD in 2008 or 2009. EB3-C is now at Oct-04 and Eb3-I is at Aug-02. This person would have an EAD but still not a GC. So now when his EB2 PD becomes current will he still not be counted as demand. He will eventually use a GC under EB2 and not EB3, right or am i wrong here. So only if EB3 porter had a PD before 2002 in case of India, he will already have a GC and his EB2 Perm will not create a demand, but otherwise it will use a EB2 visa number. Can you clarify if this is the case or not.
Quote:
Originally Posted by imdeng
Hello Guys,
I have been following this site for so long but never posted. I know its the wrong thread to ask this question but as its has more traffic, I am posting my question here. First of all congratulations to all who became current and good luck who are still waiting. As many of you, my PD also became current in the latest visa bulletin. I recently went through H1B extension and had the title as senior programmer analyst. When we applied for PERM and I 140 3 years back, the title was little different than what was applied for my recent H1B extension. However, the job duties are same. In 485 form, for the current occupation, my attorney said that my current title should be filled (which is senior programmer analyst) and not the title which was mentioned in PERM. Is it OK. As per him, current position can be different from that of GC. Is he correct?
I looked at Ron Gotcher's response too and it was very interesting.
If we assume that the next visa bulletin would be released on 13th Jan, what new information would the CO have that would help him make his decision?
Thanks.
Trackitt trend based on PD for EB2 I+C
PERM tracker: EB2 I+C
CY 2008 2185 + 112
CY 2009 707 + 63
CY 2010 616 + 27
CY 2011 1184 + 30 so far
I-140 tracker: EB2 I+C
CY 2008 687 + 62
CY 2009 440 + 23
CY 2010 431 + 19
CY 2011 329 + 15 so far ..but again many PERMs are not yet approved
The above trend shows very poor "conversion" of PERMS into I-140s in 2008 but better in 2009 and very good in 2010.
Spec, Teddy, Veni what do you think of this?
I have considered total # of applications based on PD - included approved, pending, denied.
May be there is a reason why people don't add their case to I-140 tracker. I don't know. Qualitatively speaking I am inclined to believe this trend.
Please discuss.
Kd, I think the "very poor" conversion in 2008 actually could be true. My reasoning would be that 2008/09 were worst hit years w.r.t. recession(loosing/changing jobs). It is very much possible that people had to change employers even before filing/approval of I-140. There wont be much final demand in such a scenario.Quote:
Originally Posted by kd2008
Just chipped in with my 2 cents. I am sure S,Q,T,V have much better thoughts on this.
Quote:
Originally Posted by imdeng
Quote:
Originally Posted by sportsfan33
Quote:
Originally Posted by GhostWriter
sportsfan33,
That is a very good point. One thing Ron doesn't understand is CY-FY breakdown of PERM approvals for 2008 & 2009 PD's
For IC filers with PD2008 approval breakdown is as follows
Total CY approvals to-date = 27,715
FY2008 = 9,464 (33.9%)
FY2009 = 12,273 (44.1%)
FY2010 = 4,368 (15.5%)
FY2011 = 1,610 (5.7%)
For IC files with PD2009 approval breakdown is as follows
Total CY approvals to-date = 18,789
FY2009 = 10 (0%)
FY2010 = 17,223 (92%)
FY2011 = 1,556 (8%)
For ROW-M-P files with PD2008 approval breakdown is as follows
Total CY approvals to-date = 37,480
FY2008 = 13,895 (36.9%)
FY2009 = 14,059 (37.5%)
FY2010 = 6,574 (17.4%)
FY2011 = 2,952 (7.7%)
For ROW-M-P files with PD2009 approval breakdown is as follows
Total CY approvals to-date = 22,936
FY2009 = 8 (0%)
FY2010 = 21,199 (92.2%)
FY2011 = 1,729 (7.5%)
As we can see most of PD2008 approvals are from FY2009&FY2010 also most of PD2009 approvals are from FY2010. In addition FY2010 and FY2011 are the two great years for SOFAD.
If what ever Ron's assumption(guess) is correct should have made significant dent across the board for EB3, which is not the case based on inventory reports!
I am not sure you can draw correlation from an online database that is purely voluntary. It seems like there was a drop in PERM applications approved in 2009 from the DOL statistics but that's about all that you can safely say.Quote:
Originally Posted by kd2008
KD that's very interesting statistics. Thanks. This is inline with demand destruction theory being discussed extensively recently. There may not be many takers right now as there is no solid data to back this up. So let's wait for some concrete evidence I guess. ( I believe that there is possibility of substantial DD in PD 2008 BTW).Quote:
Originally Posted by kd2008
Please share your experiences or suggestionsQuote:
Originally Posted by gc2008
Thanks
Yes it is ok. don't worry about it. Your employment verification letter will list your duties which will be very similar to the PERM job description. Even if the job description is not same, the attorney is never going to willfully lie in your application just so you can get a GC.Quote:
Originally Posted by gc2008