Thank youQuote:
Originally Posted by Jitesh
Here is my case details.
TSC || PD : 05/10/2007 || RD: 03-Oct-2011 || ND: 05-Oct-2011 || FP : 27-Oct-2011 || EAD/AP : 02-Dec-2011 || 485: 01/12/2012
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Thank youQuote:
Originally Posted by Jitesh
Here is my case details.
TSC || PD : 05/10/2007 || RD: 03-Oct-2011 || ND: 05-Oct-2011 || FP : 27-Oct-2011 || EAD/AP : 02-Dec-2011 || 485: 01/12/2012
Nishant_imt,Quote:
Originally Posted by Nishant_imt
I agree wih Q, it is perfectly legal and poses no problems if the salary is higher than the PWD.
I think the only difference is that the PERM must be submitted within the validity of the PWD rather than within 180 days of recruitment starting, had that been after the PWD was received. Don't quote me on that.
I have no doubt your team will be on top of the regulations.
Best of luck for a speedy and successful process.
It is an issue in the sense that it should either urs or RD. else when processing time comes and here date is not current there could be issues.Quote:
Originally Posted by Rkmarthy
I have the same problem, i talked to my lawyer, he didnt say "nah its ok" they are going to talk to uscis.
I suggest you talk to ur lawyer.
Not a single post today? :)
I think this is normal. If you notice there should be a line on the rcpt notice that the earlier PDs may not reflect. Since primary & derivatives applications move as one file, it should not delay her case processing.Quote:
Originally Posted by Rkmarthy
What Does the Demand Data represent?
I see lots of misconceptions about what the Demand Data shows.
There are many comments that say that looking at the Demand Data will give a guide to how much the Visa Bulletin will progress or whether retrogression is likely.
If you understand what the Demand Data is, you will see that neither is possible at the moment.
The figures in the Demand Data represent the number of documentarily qualified cases where a visa request has been made, but the visa has not yet been allocated. It is just a Pending file for cases where a visa request has not, or cannot, be actioned.
Let's understand when a case becomes documentarily qualified, when a visa is requested, and when it is allocated.
(a) For Consular Processed cases, a case becomes documentarily qualified when NVC requests a visa after Packet 4 information has been received and the interview date is set.
Between that time and when, the interview actually takes place, the visa is pending and adds one to the Demand Data total.
If the interview is successful, then the visa is consumed. If the interview is not successful, it is returned to the pool. In both cases, the Demand Data total is reduced by one.
(b) For AOS cases, a case becomes documentarily qualified when USCIS adjudicate and approve the I-485 case. At this point they request a visa from DOS.
Only if the visa can not be immediately allocated, because the PD is not Current, does that request become part of the Demand Data and the total rises by one.
If the PD is Current, which it is for all EB2-IC I-485 cases in the system at the moment, the visa is allocated and used immediately. The Demand Data total remains unchanged.
For all the new applications that USCIS have received since October 2011, with an average processing time of 4-6 months, virtually none will have reached the stage of being adjudicated. For those few that have (such as Veni's), the visa request was granted immediately because the PD was Current, leaving the Demand Data total unchanged.
Only when Cut Off Dates retrogress can the Demand Data figures for EB2-IC increase.
In this situation, if USCIS request a visa for a case with a PD that is no longer Current, then it will be added to the Demand Data total.
Possibly, the other way that the Demand Data might increase, is if DOS run out of visas for EB2-IC under Quarterly Spillover and stop allocating them.
The few cases shown in the Demand Data at present almost certainly represent Consular Processed cases, where the visa has been pre-allocated, but an interview has not yet taken place.
Look at EB2-ROW. It has always been Current. The maximum amount I have seen from a quick look at past Demand Data is the 130 in the latest version.
When the Demand Data for March 2012 is published, don't expect it to be much different from the February 2012 one. If the dates don't retrogress in the March VB, the April one won't be either.
I know this might not be the proper thread to post it but i need help...so may be some one of you might have answer for my problem
So back in 98 I was framed to be involved in college mob fight. I wasnt even present on sight. However charges were filed. NO arrest was made as antispatory bail was issued . Latter on it was proved in court that charged were framing and false so case was dismissed. Now when i tried to get police clearence from india it says FIR was made latter on case was dismissed
When I filled my ds-260 form i wasnt even aware of this situation. so clicked no . Now when I would present this police clearence with court order would it have any affect on my case
any help would be greatly appreciated ! May God bless you !
All those questions about felony etc .... to my understanding are as they relate to US jurisdiction. I am not sure if what you did or didn't do in India matters a whole lot.
That's my gut feel. I am not very confident on this one.
Quote:
Originally Posted by murakh
thanks Q . I have applied throgh consular process and they ask for police clearence from india so I dont know. may be lawyer can answer my qs
Makes sense. I was only talking about 485.
Quote:
Originally Posted by murakh
Quote:
Originally Posted by Kanmani
Spec,
Very good post, copied to Monthly Demand Data thread in Facts and Data Section.
Quote:
Originally Posted by Kanmani
Kanmani, Veni,Quote:
Originally Posted by veni001
Thanks for the kind comments.
Demand Data for EB2-IC has been very useful in the past, when a fairly static backlog was reducing, and it will be in the future when a new backlog starts to increase.
I still look forward to the DD to see what is happening in EB3, but it makes rather depressing reading.
Veni,
I think ultimately, where you have copied the post is the correct place, but it is slightly buried in the existing thread. To provide some temporary greater visibility, I will copy it to a new thread. When the figures start to increase, I will delete it and leave the only copy in your thread. I hope that makes sense.
I have a quick question to the experienced members, about the predicted movement in Mar VB.
So far, we havent seen any NVC fee notices for PDs with 2010.
Does that mean, that CO has decided to stall the PD movement for Mar VB?
I think it means NSC is processing cases with Oct 2007 PD in as little as 2 months.
The processing is more a function of your PD than when you filed.
Quote:
Originally Posted by arunabha
Isnt the USCIS inventory report overdue ?
Cheers
Nat
Can some one tell me that statement '8k-10k already consumed' - is based on calculations or actual data?
sun, the DD before Oct VB showed around 8.5k which got wiped out by Oct VB move to 15 July 2007. And pretty sure there were would be others before that date too, who were in pending inventory, not in DD. also people with dates current in Nov VB are starting to get approvals as well as PWMB of Oct VB. So I agree with the statement of 8-10k consumed.Quote:
Originally Posted by suninphx
This case also makes me believe that an approval can be made purely on the initial FBI clearance report (remember that this takes normally 24-48 hrs after the FP is done). With the initial FBI clearance maybe they consider the file pre-adjudicated assuming that all the supporting documents are in place and processed. May be rest of the checks would invlove only if there is something unusual (like some wierd combination of name that closely matches to ours pops up etc). In this case it was done on 1/9 and approved on 1/13. Wow.
Maybe Once FP is done there might be a trigger that 485 is ready for approval if the application is already processed and that there is a number available.
There is a glimmer of hope for the rest of Nov and Dec filers. I guess it is all matter of luck and the superfast IO that our file is assigned to.
Tick..Tick...Tick...Tick......
Quote:
Originally Posted by nishant2200
I had mentioned 8K-10K figure based on Teddy's estimate for visa numbers consumed so far in FY2012. I believe his rationale is same as Nishant's below.
Quote:
Originally Posted by nishant2200
Agreed with you sportsfan33 and Nishant. Makes sense. Nov and Dec filers(at least) , good news on the cards! :)
Quote:
Originally Posted by sportsfan33
Pandits
With this, does the projection of having the gc in hand move to the right or does it still remain at Jan 08 time frame?
No - the 8K-10K consumption till date is part of the overall figure available. So the reality is actually the opposite - if we have a total SOFAD of say 25K, then we have already consumed 10K and we only have 15K remaining for the rest of the year. Right now the consensus seems to be that we will get a TOTAL of 25K-30K visas for EB2I. This is mainly because EB1 has picked up but EB2ROW has slowed down in FY2012.
Quote:
Originally Posted by sportsfan33
Firstly once again congratulations to whereismygclost its great news. The process of approvals once the date is current is essentially a multi thread human intensive process rather than a single thread ordered batch process with IO's doing each case individually. Finally the Nov filers account has been opened by a clean case. PD being current essentially makes the case eligible to be approved while an earlier RD and ND gives higher likelihood of the case being at a stage further assuming all officers / adjudicators are at the same pace and follow exactly the same process. Also the case being simpler or having exceptional qualifications also helps. Let us wait for more Nov EB2 I / C cases gain traction on approvals now. Finally what matters for a speedier approval is the officer / adjudicator's judgment in that sense whereismygclost's case is outstanding so it definitely helped the officer decide that this case warrants an approval right away no need to look into any further.
The process will have randomness now with all factors playing in. I very sincerely thank all of you for your kind words and keeping me in your minds. I wish everyone a speedier approval. Some of the real old-timers like imechanix, leo07, 03may2007 are waiting from the Oct batch. Looks like for our good friend Sogaddu will see his 485 approval before EAD / AP. Good luck to all.
Well said Teddy. I heard stories, being in a multinational helps (no disrespect to whereismygclost) - lobbying and all. Hope this is not the case...
Quote:
Originally Posted by TeddyKoochu
Nishant, imdeng
I don't necessarily disagree with 8k -10k number. By reading some posts today I got impression that it's a verified through some report which I missed. So was just making sure. Thanks guys.
Nishant /Imdeng / SuninPhx -
Consider the following facts. Oct Demand data showed 8.5K and Oct Inventory shows 14K. The Oct inventory may have had some PWMB cases who filed in Jul & Aug, almost all these cases are approved. The inventory may contain some older problematic cases and some cases adjusted for porting. Overall here itself 11K is the average of the inventory and demand data. Maybe let’s settle for 10K here.
Oct filers Apr 15 to Jul 15th PWMB cases have been calculated to be 2K, of that probably 50% are already approved refer to Trackitt and the posts from our friend QBF.
Porting we had assumed is 3K a year, trackitt shows a fairly high number of porting cases. If we consider that a third of the year is gone then it’s another 1K.
This would put the consumption at ~ 12K. It is definitely a minimum of 10K if you consider the demand data and not the mean of the inventory and demand data at the 01-Oct-2011 point that is now approved. Throughout Oct – Dec 2011, 2007 preadjudicated cases have been approved.
10K+ is a reasonable estimate for EB2I visas issued in Q1FY2012. Considering that the approvals are continuing in Q2FY2012 following QSP, the important question is - where is CO getting these visa numbers from??
Assuming a linear allocation, Q1 had 140/4 = 35K visas to give. 10K to EB2I would mean 30% of total EB visas to EB2I. This mark has never been reached before - its unprecedented and frankly unsustainable considering that EB1 has picked up pace recently. CO has discretion in setting up PD; however, actually issuing visas is a much serious deal and there is very little discretion involved. Perhaps a combination of EB2ROW demand decline and EB2IC demand destruction is the story here.
Quote:
Originally Posted by TeddyKoochu
Sorry ro ask this question again....
I have a quick question to the experienced members, about the predicted movement in Mar VB.
So far, we havent seen any NVC fee notices for PDs with 2010.
Does that mean, that CO has decided to stall the PD movement for Mar VB?
Are there any macro-economic reasons why EB2ROW demand would be low?
For all practical reasons, the economy seems to be improving. Also, the economy in Europe seems to be getting worse, which would suggest that people there are probably looking for safe havens (want to come to the US).
The 10k EB2I allocation suggests that there are other factors at play. I don't what they are (perhaps anticipation that HR3012 will pass), but USCIS can't use VISA numbers in anticipation...can they?
The only other explanation is that demand destruction for EB2 and EB1 is staggering and beyond anything anyone had ever anticipated. (This ofcourse still does not explain the 10k allocation because one would think this demand destruction applies to EB2I as well).
Just my thoughts. I am really a novice at these calculations.
Although the absence of fee notices does not completely preclude the possibility of forward movement, it surely reduces the probability. Coupled with the fact that the Feb VB did not have as encouraging a language as the Jan VB does indicate that the movement might stall. There shouldn't be any retrogression as yet since visa numbers continue to be available but given the massive inventory that DoS already have, my personal opinion is that the chances of forward movement are low.
Quote:
Originally Posted by sudkal33
I don't know if this helps in your thinking.Quote:
Originally Posted by mechanical13
PERM Certifications for Non-IC Countries have shown a steady decline over recent years, which isn't really the case for IC.
Non-IC
------------------ % of Total
CY2006 - 55.7k --- 63.0%
CY2007 - 44.4k --- 60.5%
CY2008 - 37.5k --- 57.5%
CY2009 - 22.9k --- 55.0%
CY2010 - 18.5k --- 42.9%
CY2011 is not complete. For Certifications in FY2011 (with PDs of Jan-June 2011), the figures are
CY2011 (part) - 9.8k - 36.5%
Although not complete, 2011 PDs for non-IC hint at a slight increase over the 2010 figures.
Forecasting actual approval rates is complicated by the fact that there appear to be backlogs of EB2-Non IC cases.
Hi Guys- many places in the forms ask for:
1) I-94 number- this is the number that has already been printed on the i-94 card right? basically the preprinted number on the i-94 card that you picked up at the airport? and htis number changes everytime you have entered the country right? so we need to use the number on the most recent i-94 card received while entering?
2) A number or alien registration number- firstly is A number and Alien registration number the same? and where can i find this number? On my old EAD cards that i received for OPT, i see something called INS A number- is that the same? what should i enter here please.
Quick response will be greatly appreciated. I am trying to send these forms out asap.
Thanks,
There are some interesting figures in this Department of Labor Office of Foreign Labor Certification Stakeholders Meeting—January 6, 2012 document
The numbers adjudicated in Q1 are quite low - possibly this is due to the continuing long processing times for PWD (also discussed in the document)Quote:
For the first quarter of the fiscal year (which began Oct. 1, 2011), DOL has adjudicated approximately 13,000 labor certification applications (ETA-9089s), certifying 9400, auditing 2400, and denying 600.
Currently DOL has pending 21,000 ETA-9089s:
50% in analyst review (filed October 2011 and prior)
33% in audit (filed April 2011 and prior)
10% on appeal/reconsideration (filed April 2010 and prior)
4% in supervised recruitment
3% undergoing “employer existence review”
The government error reconsideration queue is “current.”
The denial rate for audited cases is approximately 55—60%, slightly higher than for FY 2010.
Quote:
Prevailing wage determination for the PERM program are expected to be “current” (issued within 60 days) by the third week in January 2012.
Prevailing Wages
1. PW Redeterminations: We understand that the current processing time for a PW is about 60 days. Members have reported that it has taken up to six months to receive a decision on a PW redetermination request. At what point can members inquire about redetermination requests? What is the procedure for making such an inquiry?
During the last 45 days, DOL has undertaken a sustained effort to reduce the queue, and as noted in opening comments, DOL expects PWD processing for all programs to be “current” soon. “Historically, about 2% to 4% of applications fall outside of standard processing time. When this happens, the filer should e-mail the Help Desk.”
1. Yes. The most recent I94 and status is what's needed.Quote:
Originally Posted by funnysummer2005
2. They are the same and you get it with an approved I140. Check with your lawyers.
33% audit is huge %. DOL tighten perm processing.Quote:
Originally Posted by Spectator
All, Below is lawyer's reply. It doesn't seem like an issue. Good luck all.Quote:
Originally Posted by Pdmar08
They changed that process – under the law her PD and your PD are same as she is your dependent on the 485 that we had filed but few months back they have stopping putting the primary applicants PD on the beneficiary’s receipt notice.
gkjppp,Quote:
Originally Posted by gkjppp
Remember it is saying that this is the % of Pending cases.
Currently DOL has pending 21,000 ETA-9089s:
50% in analyst review (filed October 2011 and prior) = 10,500
33% in audit (filed April 2011 and prior) = 6,930
10% on appeal/reconsideration (filed April 2010 and prior) = 2,100
4% in supervised recruitment = 840
3% undergoing “employer existence review” = 630
Total = 21,000
That is not the same as saying 33% of ALL cases undergo audit, since others were Certified and are no longer pending. Also, the processing times for different categories in the pending numbers are very different, so the proportions are not equal.
Spec, Thanks for the clarification. 33% of pending PERMS are in audit, make sense.Thanks once again for detailed explanation.Quote:
Originally Posted by Spectator
RK,Quote:
Originally Posted by Rkmarthy
thanks for the prompt update. Its always good to know the reason for things.
pdmar08,Quote:
Originally Posted by Pdmar08
we both have same RD, ND, and RD. My pd is dec 31, 07.
Pls let us know when you get your FP notice,it will give me a good idea of when to expect mine. I will update too if I get.
thanks