EB2 Predictions (Rather Calculations) - 2012

[sweetanju4uu]

Hi All,

My husband filed for GC this year in EB2 and his PD is May 2011. He has his I-140 approved and waiting for the date to become current. I am on H1b and it would expire in Oct 2013.

My question is this: Since I have not filed for GC on my own, am I creating a risk for myself? Should I become confident seeing the recent moves and not apply and think I may get atleast EAD status along with my husband before my H1b expires? Or should I start applying for Labor and the whole works, freshly?

Please let me know your thoughts and analysis Gurus..!

Thanks,
Anju

[03May07]

EAD/AP is for two years.

Folks from a thread I'm following on trackitt, are getting the combo card (EAD/AP) for 1 year. I'm stilling waiting for mine.

[SaturnRing]

Hi All,

My husband filed for GC this year in EB2 and his PD is May 2011. He has his I-140 approved and waiting for the date to become current. I am on H1b and it would expire in Oct 2013.

My question is this: Since I have not filed for GC on my own, am I creating a risk for myself? Should I become confident seeing the recent moves and not apply and think I may get atleast EAD status along with my husband before my H1b expires? Or should I start applying for Labor and the whole works, freshly?

Please let me know your thoughts and analysis Gurus..!

Thanks,
Anju

If I were you, I would watch for the outcome of HR 3012. If for some reason, that doesn't go through, then you are looking at a time period of PD+ (3 or 4) yrs for EAD and 4-5 yrs for GC. So I would start GC ASAP depending on the outcome of HR 3012.

[sweetanju4uu]

If I were you, I would watch for the outcome of HR 3012. If for some reason, that doesn't go through, then you are looking at a time period of PD+ (3 or 4) yrs for EAD and 4-5 yrs for GC. So I would start GC ASAP depending on the outcome of HR 3012.

SaturnRing,

Thank you for the quick reply. I will watch for that and keep my fingers crossed.

[qesehmk]

B1 is a non-immigrant visa. The only reason USCIS/DOS want that is to ensure you haven't previously violated your non-immigrant status.

So if you never had a B1 thats not a problem.

Can Business vas B1 be considered as "Legal non-immigrant"

For 485 filing my lawyer is asking for previous approval notices of Legal non-immigrant visa, I don't have it for Business visa. I want to know if that's problem ?
Does B1 visa alppln get any approval notice like H1 or L1 ?

[codesmith]

Thanks Q for reply.
I did come to US on B1 for few months. Before that I came on L1.
I've L1 notice but I don't have B1 notice. I'm sending L1 and H1 notices to lawyer ..
My qstn was is it a problem if I can not provide B1 notice ?

B1 is a non-immigrant visa. The only reason USCIS/DOS want that is to ensure you haven't previously violated your non-immigrant status.

So if you never had a B1 thats not a problem.

[Pdmar08]

Thanks Q for reply.
I did come to US on B1 for few months. Before that I came on L1.
I've L1 notice but I don't have B1 notice. I'm sending L1 and H1 notices to lawyer ..
My qstn was is it a problem if I can not provide B1 notice ?

I dont think there is an approval notice for B1 just like B2(visitor). You go for interview and then get it stamped in passport.

[vizcard]

As per the news below it seems that there are fewer applications than expected until 2008 March, which made USCIS to jump for 9 months. If predication's go correct that due to economy slow down there was 40% down in terms of number of new applications than dates might move again in feb 2012.



http://immigrationroad.com/immigration-news.php

12/09/2011: January 2012 Visa Bulletin Released

China and India EB2 leaped forward nearly 10 months to January 1, 2009! According to the State Department: "The China and India Employment Second preference cut-off date has been advanced at a rapid rate in recent months. As previously noted, this action was intended to generate significant levels of new filings for adjustment of status at U.S. Citizenship and Immigration Services (USCIS) offices. USCIS has reported that the rate of new filings is currently far below that which they had anticipated, prompting an even more aggressive movement of the cut-off date for January and possibly beyond. While this action greatly increases the potential for an eventual retrogression of the cut-off at some point during the year, it also provides the best opportunity to utilize all numbers available under the annual limit."

The words in red are interesting to me. I'd love to see the underlying data and where our assumptions have gone wrong (but oh so right!). But that will be after I finish my paperwork

[codesmith]

I dont think there is an approval notice for B1 just like B2(visitor). You go for interview and then get it stamped in passport.

Thanks Pdmar08, even I think the same, I wasn't sure.. did not remember... if at all I got the B1 notice. Perhaps, I'm getting old .

[wantgcnow]

Anyone whose law firm is fragomen and has been current in the latest bulletin?

[vizcard]

Anyone whose law firm is fragomen and has been current in the latest bulletin?

My firm uses Fragomen. What's up?

[venkimakthal]

Anyone whose law firm is fragomen and has been current in the latest bulletin?

My firm also uses Fragomen.

[EB2-03252009]

Hello everyone, my priority data is 25th March 2009, if the dates move in the next bulletin and if I become current, how do I go about?

1) I am on H1B and it is valid until Sept 2013, I went to India early this year and got my passport stamped, my question is do I need to apply for AP even though I have my passport stamped?

2) I am planning to go to India for like 3 weeks in the last week of January 2012, do you think that is fine, or shall I wait till the visa bulletin and buy my tickets and plan accordingly?

3) I am single and planning to get married to my girl friend(lives in India) end of next year, do you people think if it is okay for me to apply if my date become current and then later add my wife’s info late next year or early 2013, do you think it will be fine without any hassles?

Would appreciate any replies. Thank you!

[sdesh005]

Since people have been asking interpretation of latest VB I have given my perspective in the header of hte thread.

So Q, it looks like any movement further into PD of 2009 for EB-2I is unlikely and even if it happens, might stay there only for a month or so? Are there any predictions as to when dates might again go into summer 2009 after the retrogression that's most likely coming up soon?

And this question is obviously in context of non-passing of HR 3012 anytime soon...so assuming business as usual.

[vizcard]

Hello everyone, my priority data is 25th March 2009, if the dates move in the next bulletin and if I become current, how do I go about?

1) I am on H1B and it is valid until Sept 2013, I went to India early this year and got my passport stamped, my question is do I need to apply for AP even though I have my passport stamped?

2) I am planning to go to India for like 3 weeks in the last week of January 2012, do you think that is fine, or shall I wait till the visa bulletin and buy my tickets and plan accordingly?

3) I am single and planning to get married to my girl friend(lives in India) end of next year, do you people think if it is okay for me to apply if my date become current and then later add my wife’s info late next year or early 2013, do you think it will be fine without any hassles?

Would appreciate any replies. Thank you!

1. You don't have to apply for AP but now with the combined EAD/ AP card, you might as well. You can still use your H1B stamp to travel.
2. I would wait for the bulletin. Ordinarily I would say go but who knows what's going on with the dates these days. You will need those 3 weeks to get your paperwork in order as there is a serious possibility for retrogression. You could potentially buy refundable tickets to block off your seats and then cancel and rebook at lowest fare.
3. If you get current, please apply. You can always add your fiacee after the wedding. I'm not sure what the process is or how long it takes though. Alternately, you could get a civil wedding done now and have the religious ceremony later.

[EB2-03252009]

Thanks for the reply vizcard!

[nishant2200]

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.

Hello everyone, my priority data is 25th March 2009, if the dates move in the next bulletin and if I become current, how do I go about?

1) I am on H1B and it is valid until Sept 2013, I went to India early this year and got my passport stamped, my question is do I need to apply for AP even though I have my passport stamped?

2) I am planning to go to India for like 3 weeks in the last week of January 2012, do you think that is fine, or shall I wait till the visa bulletin and buy my tickets and plan accordingly?

3) I am single and planning to get married to my girl friend(lives in India) end of next year, do you people think if it is okay for me to apply if my date become current and then later add my wife’s info late next year or early 2013, do you think it will be fine without any hassles?

Would appreciate any replies. Thank you!

1. You don't have to apply for AP but now with the combined EAD/ AP card, you might as well. You can still use your H1B stamp to travel.
2. I would wait for the bulletin. Ordinarily I would say go but who knows what's going on with the dates these days. You will need those 3 weeks to get your paperwork in order as there is a serious possibility for retrogression. You could potentially buy refundable tickets to block off your seats and then cancel and rebook at lowest fare.
3. If you get current, please apply. You can always add your fiacee after the wedding. I'm not sure what the process is or how long it takes though. Alternately, you could get a civil wedding done now and have the religious ceremony later.

[pdmay2008]

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.

[wantgcnow]

My firm uses Fragomen. What's up?

Did Fragomen guys contact regarding the next steps?

[wantgcnow]

My firm also uses Fragomen.

Did fragomen guys contact you regarding next steps?

[srimurthy]

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.

If I were you, I would watch for the outcome of HR 3012. If for some reason, that doesn't go through, then you are looking at a time period of PD+ (3 or 4) yrs for EAD and 4-5 yrs for GC. So I would start GC ASAP depending on the outcome of HR 3012.

[srimurthy]

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.

I dont think there is an approval notice for B1 just like B2(visitor). You go for interview and then get it stamped in passport.

[vizcard]

Did Fragomen guys contact regarding the next steps?

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.

[wantgcnow]

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.

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...

[Sudheer]

All,

Long time follower and first-time poster here. First of all thank you to Q for creating this forum and to all the other gurus and contributors. Visiting this forum and following all the predictions and calculations has become a daily ritual for me ever since I stumbled upon it a few months ago.


I am in EB2-I and my PD is April 6, 2009. With this huge surge in EB2-IC movement for the January bulletin, I am now only 3 months away and cautiously optimistic about my chances in the next couple of months. I have a question regarding my immigration situation and am hoping to get some insight from members who have either been through or heard of similar experience. My wife changed her status from H4 to F1 a few months ago and started on her Masters in this fall semester. I have heard and read in a lot of forums that F1 is a "non-immigrant intent" visa. I am worried that, when the time comes for us to file for 485 (hopefully soon), our application might run into rough weather since my wife is on F1 and not H4. Can someone throw some light on this and suggest the best course of action for our situation?

Thank you.

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.