Last edited by 10102007; 12-14-2011 at 02:11 PM.
Thx. Can the employer do anything if they find out I went behing their back to file the application? Not sure how will I get the EVD from them.
have started searching for immigration attorneys in my area. Hope something good comes out of this.... dont know what do people in "positions" get by screwing other people's lives and happines..![]()
KD no worries man you made a great attempt. Sun thanks for catching the issue. Guys with this we are back to square 1. The Perm - I140 data does not show any evidence of special demand destruction in 2008.On another note HR3012 and its counterpart bills in the Senate are going strong. We still do not have sufficient intake to cater to HR3012 atleast a buffer. The 9 month move that happened for the Jan bulletin is probably powered by the sentiment around HR 3012 atleast in part.
I understand your anxiety. Don't worry. As always, all will end well. Don't just look for lawyers in your area. Look for good lawyers. You can talk to them by phone and send/receive documents by mail.
I'm not sure what the employer can or cannot do. But a lawyer should be able to bring your anxiety down. Talk to a good one. I've heard cases where people have used other documents in place of emp verification letter. But am personally not aware of the process. Not to repeat it over and over again - Talk to a good attorney.
38% seems pretty high but I suppose some approximations are necessary. Anecdotally (a.k.a straight up not how-ever-so statistically) I have not seen too many people who filed multiple perms and more cases where dependents were added to the application. Do you have a source for I-140 approval/denial stats? It looks like any data I can come across on the USCIS webpage is for E1X.
Last edited by BBear123; 12-14-2011 at 02:58 PM.
Based on 'actual data' there is consensus at PERM-> I485 convertion ratio of 1 for EB2. In another words if there are approx. 28000 EB2/3IC PERM applications then those will result into approx. 28000 I485 EB2IC applications. Now this conversion factor includes factor of 38%. (IMO we should not really call this as demand destruction)
Due to extraordinary situation in 2008 some people on this forum ( like me ) believe that there may be some more DD on top of above. i.e PERM -> I485 conversion factor is less than 1 for PD2008.(We dont have concrete data to back this theory up yet so we are looking for some pointers to indirectly deduce some numbers)
See Teddy's post on first page, that explains the assumptions.
One thing to note is that 38% is not just the I140 denial rate. It is a single factor incorporating a person who has an approved EB2-IC PERM but does not eventually use a visa number. Easy way to understand is start with Spec's PERM-IC numbers for a particular financial year.
- The first assumption is EB2-IC to total PERM-IC ratio assumed to be 75%.
- Second assumption is a person not using a visa number even with an approved PERM. Lets say x%. This will include I-140 denial rate (Veni once had a figure of 20% or so), I-485 denial rate (negligible), multiple PERMs (unknown), job-loss (unknown).
- Third assumption is dependent ratio - 2.125 (slightly higher than 2 basically, everyone married-why suffer alone, some with kids)
The product of these three if assumed to be 1 gives a simple way to start with PERM-IC numbers and figure out I-485 demand.
.75*x*2.125 = 1 gives x = 63% implying a 37% number for people not using a visa number even with an approved PERM. So if you take 20% as I-140 denial rate then the rest 17% becomes reduction in demand due to multiple PERMs/job loss etc.
Teddy, do you think clarifying in your post that the second assumption of 38% is a combination of 3-4 factors would help ?
Last edited by GhostWriter; 12-14-2011 at 03:48 PM.
@ghostwriter - Thanks for going deep & dissecting it. You have actually classified the destruction into its 2 broad reasons a) Denial b) Abandonment for any reason. The factor of 2.125 was agreed after debating here on the forum. Actually the idea was purely to have a transformation factor from Perm to 485. Veni & Spec had worked quite extensively on the perm to 485 transformations and found a good correlation at 1, something like Karl Pearson's coefficient of correlation.
There could be several other factors like someone upgrading to EB1 or getting GC by FB or multiple perms but these are all hard to quantify so my idea was to have 1 factor kind of represent everything.
So it’s really a matter of terminology I would say Destruction means loss by all means i.e. either a) Denial b) Abandonment for any reason. Sun's idea of demand destruction is b) specifically as in 2008 the market situation was terrible compounded by perm issues (Later Half). Now another point to note is that we have CP as well which is not included in this transformation.
@Sun if this is agreeable
Transformation Factor - Ratio of expected 485 to perms.
Demand Destruction - Total loss in demand due to any reason from perm to I485.
Abandonment - Job Loss, leaving for any reason etc, something that was prevalent in 2008.
There is high likelihood that the transformation factor may be less post Jul 2007 because people did not have the cushion of EAD / AP. The factor of 1 comes from the first 6 months of 2007 as tonyromo had calculated. Sun I think the 2 of us have always understood your point has always been about “Abandonment”, somewhere the jargon has become confusing. If you have better terminology please propose.
T- thanks for your time for detailed reply (as always).
To avoid any further confusion we can go with terminology of 'demand destruction' or 'DD' IMO- unless some has better one.
My only suggestion would be that lets bring everything around convertion ratio without mention of 38% . With out context when some one sees 38% then its not palatable and then we keep discussing same points all over.![]()
Sun, Thanks so we will use the terms demand destruction to represent all kinds of demand destruction and transformation ratio. I know that the 38% is not agreeable to all but it just comes by from the dependent factor of 2.125. To me the transformation ratio is 1 and the "Implied" demand destruction is 38%.
What is your figure for transformation ratio and implied demand destruction or if you like to add an extra abandonment factor to it. This way this will become more presentable. The factor of 1 stands IMHO because of more EB2 I/C applying in EB2 more than ever before. I agree in principle that lets not project the 38% figure for now; I would wait to hear back on your figures based on your thoughts and then let’s discuss this further if you like, else we will bury it till the inventory comes out. Iam definitely open to the transformation ratio being less than 1 in fact it may go down till .75 and this means much higher demand destruction ~ 53% which is 1 - (.75/(2.125 * .75)), I think going beyond this is quite unlikely.
Last edited by TeddyKoochu; 12-14-2011 at 05:36 PM.
Teddy-
IMO if conversion ratio 1 represents the period where people had EAD cushion etc. then for PD2008 it could be around 0.8. Again this is more of gut feel. The data coming out in near future will prove if its near 0.8 or not.
Having said that even if we apply 0.8 factor for 2008 data that still does not justify the current movement. I am kind of not ready to accept that this is purely discretionary move. We have seen they have been very conservative moving dates. So makes me wonder what factor we are missing ? May be its influenced by HR3012 but again given conservative approach why they will worry about a bill which no one knows for sure if it will become law.
@sportsfan33 Iam a very ordinary guy, one amongst the many, when I started my GC journey i.e. when my labor was filed I was so naive that I did not know what the visa bulletin stood for, I saw many people were scrambling to get to it to see everything current. I started to understand things only from Sep 2009 onwards and thanks to Q largely from Jan 2010 when predictions and calculations started in the right earnest. I have always kind of believed that the invisible force of HR 3012 if we may say is helping us.
Sun thanks, in the past they have actually been worse than conservative in moving dates. .8 is a pretty good figure. The date movement this month may well be a combination of several things, HR 3012 if not in full but partly seems to have been an influence. We have not seen 8.5 month moves in ages.
You don't have to tell your employer. I hope you have a copy of your perm and 140 approval. As someone already replied 485 is your application. All you need is a EVL from your employer on their letter head. Tell them that you need a EVL for your wife's or parents stamping. Rest of the documents you should be able to provide easily. Hire a attorney and do it yourself.
Note: I am not an attorney, please consult one if you need legal assistance.
Should I Interfile 485 with my wife?
Hi guys,
I have a unique situation due to dates moving to Jan'09 in this visa bulletin. I have PD of Oct'07 EB2-I and filed 485 at NSC on Nov 14th along with my wife as dependent. She has her own Oct'08 PERM which is now current. I have following questions:
-Should my wife file 485 again as primary and me as dependent? Is that okay? We just want to reduce risk if either 485 goes into audit.
-My wife's company doesn't pay for 485 dependent filing(they will pay for her 485) so it should cost us about $1070 ..is this really worth doing?
-Also another issue is my wife just came to know that her 140 as filed as EB3 even though her labor which cleared audit was approved for EB2. She has spoken to her lawyer and they said they will file new 140 and 485 concurrently. Is this doable?
Gurus,please respond with your thoughts.
Teddy,
Thanks for your helping to all and this is 2nd post in this forum, here is my story!!!
My first labour July 23rd 2007 was filed and denied Oct 2008.2nd labour applied Nov 2008 and withdrew due to laywer mistake on Feb 15 2009.
3rd labour was applied Feb 26 2009 and approved Jan 2010 and H1B extended based 140and got 3 years validity until Oct 2013. (came to this conutry Aug 2005)
I dont have visa stmping in my passport from Oct 2008 and I dont go my home country since then due to so many factors (Always EVL models).
Loss
My father lost his leg due to sugar patient.
My younger brother got married two weeks ago
Rejected almost 5 full time offer's in different companies.
2nd boy was born July 2010 and No help from others incl from india due to visa issue-I managed my self .
We already booked the flight tickets on last month but sudden movement for Visa bulletin we postponed my wife trip to india due to attend some religios functions and also take of care of my 2nd boy to complete religious formalities.
Is it advisible to send my wife to india as this situvation also she need to attend stamping or can i wait and see next 2 bulletins and make decition but at any cost she have to go india before June either temp or even visa reject she is ok to stay india .
Sorry for the long story, please advise that will be useful for many families who suffer with out Visa stamping
My date is Feb 26 2009.
Their super conservative past is what makes the current movement baffling. It smells of panic and there doesn't seem to be anything for them to panic about. Even if DD is severe - they have a couple months to adjust PDs. Even if HR-3012 passes, they will still have a couple months to make EB-ROW U and catch up on EB-IC distribution as per law. They did not even publish the Demand Data - so we all are essentially guessing blindfolded.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Hold on for next VB. There is an even chance of you getting current. File 485 and then you will have EAD/AP for your wife to travel on. If you get current in next VB then you will have your EAD/AP well before June.
Sorry to hear of all the troubles man. We all know what you are going through - hopefully your troubles will end soon and you will be able to travel freely and also accept suitable job offers.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
My layman advice would be to wait and see what happens with your 485. If you get some trouble there then you have your wife's 485 to fall back on. Only risk is if dates retrogress behind Oct-08 but that should not be happening until the current intake matures, which is a couple months away at least.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Thanks imdeng for your adice. My problem is I don't know when my 485 will be adjudicated and when should we get the final GC? Any thoughts? Risk is if we wait till we get GC ...dates might retrogress to before Oct'08 and my wife won't be able to file 485? I guess it's all about timing ...your thoughts on how this could play out?
There are currently 5 users browsing this thread. (0 members and 5 guests)