EB2 Predictions (Rather Calculations) - 2012

[iamdeb]

The following is the I485 data as of Nov 2011. Hope the Gurus can decipher some meaningful information from the raw data.

http://www.uscis.gov/USCIS/Resources...a_2011-nov.pdf

Sorry these represent data from the local offices and not the service centers.

[kd2008]

Sorry, I didn't see it. Already posted here

This is a legal thesis for not counting derivatives

http://www.ilw.com/articles/2012,0201-endelman.shtm

There is nothing here that explicitly authorizes or mandates the counting of family members under the preference quotas. While a derivative is “entitled to the same status, and the same order of consideration” as the principal alien, nothing requires that family members also be given their own numbers.

(2) Entitlement to derivative status.
Pursuant to INA 203(d), and whether or
not named in the petition, the child or
spouse of an employment-based first
preference immigrant, if not otherwise
entitled to an immigrant status and
the immediate issuance of a visa, is entitled
to a derivative status corresponding
to the classification and
priority date of the beneficiary of the
petition.

But they conveniently forget the title of the section under which the above is described

Subpart D—Immigrants Subject to
Numerical Limitations

So derivatives are subject to numerical limits! Argh! I dunno why they think it is not so. May be, Spec can elucidate me here.

[bee369]

Hi my PD is Apr 20 2010 and waiting for march bulletin. I have a situation and need help from gurus. My labor is applied in il state and I need be transferred to same company but to NY state. What if my PD becomes current and if they apply for 485 by mar 1st and if I move to NY in April to same company and same job and team.
My HR talked to lawyer and they said I can move to NY and they say anyway it will take 180 days and they can apply AC21 portability after 180 days so that location change is OK. When I asked what if 485 approves in less than 180 days then they need to move me back to IL but most unlikely it will happen in 180 days because of vast movement in dates. They are not allowing me to stay until 180 days from date of 485 filing in which case there won't be any problem but they asked me not to worry because 485 approval won't happen in 180 days for apr 2010 PD, Please advise

[veni001]

Hi my PD is Apr 20 2010 and waiting for march bulletin. I have a situation and need help from gurus. My labor is applied in il state and I need be transferred to same company but to NY state. What if my PD becomes current and if they apply for 485 by mar 1st and if I move to NY in April to same company and same job and team.
My HR talked to lawyer and they said I can move to NY and they say anyway it will take 180 days and they can apply AC21 portability after 180 days so that location change is OK. When I asked what if 485 approves in less than 180 days then they need to move me back to IL but most unlikely it will happen in 180 days because of vast movement in dates. They are not allowing me to stay until 180 days from date of 485 filing in which case there won't be any problem but they asked me not to worry because 485 approval won't happen in 180 days for apr 2010 PD, Please advise

bee369,

I agree with your HR/Attorney, it is very unlikely that EB2IC April 2010 PD will be greened in FY2012, with AC21 you are almost free bird after 180 days of your i485 RD.

If you are really lucky and receive approval with 180 days then you have to move back to IL location, off-course your employer can transfer you to any location after you moved back and start working at IL location.

[Pundit Arjun]

Bee, Your lawyer is right, if your 485 doesn't get approved before invoking AC21. I too agree that the 485 will not get approved within 6 months from now.

Hi my PD is Apr 20 2010 and waiting for march bulletin. I have a situation and need help from gurus. My labor is applied in il state and I need be transferred to same company but to NY state. What if my PD becomes current and if they apply for 485 by mar 1st and if I move to NY in April to same company and same job and team.
My HR talked to lawyer and they said I can move to NY and they say anyway it will take 180 days and they can apply AC21 portability after 180 days so that location change is OK. When I asked what if 485 approves in less than 180 days then they need to move me back to IL but most unlikely it will happen in 180 days because of vast movement in dates. They are not allowing me to stay until 180 days from date of 485 filing in which case there won't be any problem but they asked me not to worry because 485 approval won't happen in 180 days for apr 2010 PD, Please advise

[Spectator]

Sorry, I didn't see it. Already posted here

This is a legal thesis for not counting derivatives

http://www.ilw.com/articles/2012,0201-endelman.shtm


But they conveniently forget the title of the section under which the above is described


So derivatives are subject to numerical limits! Argh! I dunno why they think it is not so. May be, Spec can elucidate me here.

kd,

Thanks for the link. It is an interesting commentary. I am not sure I completely buy the arguments, but for sure, exempting dependents would have a far bigger impact than any Bill in the Senate at present. It is a long article and I need to re-read it a few times, which I haven't had the chance to do.

INA 201(b) states which immigrants are not subject to Direct Numerical Limitations:

(b) Aliens Not Subject to Direct Numerical Limitations. - Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:

(1) (A) Special immigrants described in subparagraph (A) or (B) of section 101(a)(27) .

(B) Aliens who are admitted under section 207 (Refugees) or whose status is adjusted under section 209 .

(C) Aliens whose status is adjusted to permanent residence under section 210 (Special agricultural workers), or 245A (Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence).

(D) Aliens whose removal is canceled under section 240A(a) (Cancellation of removal; adjustment of status).

(E) Aliens provided permanent resident status under section 249 (Record of admission for permanent residence in the case of certain aliens who entered the United States prior to July 1, 1924 or January 1, 1972).

(2)(A) (i) Immediate relatives. - For purposes of this subsection, the term "immediate relatives" means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States 6/ and was not legally separated from the citizen at the time of the citizen's death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(1)(A)(ii) within 2 years after such date and only until the date the spouse remarries. 3/ For purposes of this clause, an alien who has filed a petition under clause (iii) or (**) of section 204(a)(1)(A) of this Act remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.

(ii) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative.

(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.

I have always thought that a clause 1(F) would need to be added stating something like:

(F) Dependents of Aliens provided permanent resident status under section 203(b).

I have always seen 203(d) as ensuring that the dependents can access the same PD and chargeabilty as the EB applicant, sparing them from the FB queue.

[bee369]

bee369,

I agree with your HR/Attorney, it is very unlikely that EB2IC April 2010 PD will be greened in FY2012, with AC21 you are almost free bird after 180 days of your i485 RD.

If you are really lucky and receive approval with 180 days then you have to move back to IL location, off-course your employer can transfer you to any location after you moved back and start working at IL location.

Ok Thanks for response guru veni001, but after I apply 485 in march ( assuming my pd becomes current ) and then if I move to NY in April, will my address change trigger any RFE for EAD/AP or 485 ? Will work for same company and team but need to move to NY in April, plz advise.

[iamsam]

I have a quick question:
If I-140 & I-485 are filed concurrently, Will the AC21 (180 days) clock start ticking from 485 receipt date or I-140 approval date?
Thanks

[jackbrown_890]

I have a quick question:
If I-140 & I-485 are filed concurrently, Will the AC21 (180 days) clock start ticking from 485 receipt date or I-140 approval date?
Thanks

180 days from RD.

[veni001]

Ok Thanks for response guru veni001, but after I apply 485 in march ( assuming my pd becomes current ) and then if I move to NY in April, will my address change trigger any RFE for EAD/AP or 485 ? Will work for same company and team but need to move to NY in April, plz advise.

bee369,
It should not, as long as your employer letter says that you will be working in the PERM job location upon receiving GC.

[cricfan]

Hi,

Sorry for asking this question in the wrong thread. I will move it to the appropriate thread once it is answered. I need to go to civil surgeon tomorrow. So, it is little urgent.

One is required to fill Full Middle name in Form I-693. I have received my labor and I-140 approval through FOIA. In my labor and I-140 approval my Given name (First name) field has been mentioned as my "First name Middle name" and Full Middle name field has been left blank. My Indian passport also has my name in the above format i.e. Given name is "First name Middle name" and there is no Middle name.

Do I need to do the same thing while filing the form I-693. Should I leave the field of Middle name blank and put my "First name Middle name" in Given name field. This may be a very trivial question. But I just want to be sure before going to the civil surgeon.

Thanks

[gcoracle]

Does an RFE on a dependent H1B have an impact on primary/dependent EAD? Reason I ask is because it has been 62 days and we are still waiting for EAD/AP.

[longgcque]

Cricfan, I had same scenario as urs. My passport has first name as - A B and last name as - C.
In 693 form, I had physician put it the same way and leave middle name as blank.

Doctor office was very particular in form filing in my case. Hope this helps.

Hi,

Sorry for asking this question in the wrong thread. I will move it to the appropriate thread once it is answered. I need to go to civil surgeon tomorrow. So, it is little urgent.

One is required to fill Full Middle name in Form I-693. I have received my labor and I-140 approval through FOIA. In my labor and I-140 approval my Given name (First name) field has been mentioned as my "First name Middle name" and Full Middle name field has been left blank. My Indian passport also has my name in the above format i.e. Given name is "First name Middle name" and there is no Middle name.

Do I need to do the same thing while filing the form I-693. Should I leave the field of Middle name blank and put my "First name Middle name" in Given name field. This may be a very trivial question. But I just want to be sure before going to the civil surgeon.

Thanks

[kd2008]

kd,

Thanks for the link. It is an interesting commentary. I am not sure I completely buy the arguments, but for sure, exempting dependents would have a far bigger impact than any Bill in the Senate at present. It is a long article and I need to re-read it a few times, which I haven't had the chance to do.

INA 201(b) states which immigrants are not subject to Direct Numerical Limitations:



I have always thought that a clause 1(F) would need to be added stating something like:

(F) Dependents of Aliens provided permanent resident status under section 203(b).

I have always seen 203(d) as ensuring that the dependents can access the same PD and chargeabilty as the EB applicant, sparing them from the FB queue.

Spec, thanks for the help with understanding their viewpoint.

[kd2008]

The USCIS Verification Division and the Office of Public Engagement invite any interested parties to participate in a national stakeholder engagement to discuss the nationwide launch of Self Check on Thursday, February 9, 2012 at 3:00 pm (Eastern Time) at the USCIS Orlando Field Office.

http://content.govdelivery.com/bulle...SDHSCIS-2d0523

I guess we all can starting verifying that we are truly who we claim to be.

[cricfan]

Thanks longgcque. appreciate it.

[rasknorr]

http://content.govdelivery.com/bulle...SDHSCIS-2d0523

I guess we all can starting verifying that we are truly who we claim to be.

Thank you. You are a GURU.

[mysati]

I am reposting this to make sure better understanding.

The law says one should be physically present inside US to adjust status from non-immigrant to immigrant . You have to prove yourself that you were physically inside while applying for AOS. The process of applying is completed only after the application is received by the uscis . proof? receipt !

srisri

Page 10 of I-485 instructions refers to travel after applying AOS. But most of our members are discussing about travel after posting the I-485 package to USCIS.

I agree about the receipt. My lawyer said that I need to leave only after the receipt date. Your receipt date is usually the day after your file reaches USCIS unless it is a weekend (i.e.) if your file reaches them on the first, second is the receipt date (unless second is a weekend) and you can leave on or after the third. But USCIS may send the notice on the fifth or later (and you need not wait for this, to leave the US).

Again these are nuances and may be open to interpretations. Better to avoid travel unless it is absolutely necessary. I will go with what my lawyer says as they have been processing my case since the days of my F1 to H1 conversion.

Kanmani,

Just wanted to clarify a bit on the discussion we had about the receipts earlier and when a person can leave US after filing AoS. I went back and reviewed what my lawyer said earlier and am posting it here for general reference.

Every file has a "Received Date" and a "Receipt Date". The "Received Date" is the proof that your file was received by USCIS. Say your file reaches USCIS on Feb-1st, then your "Received Date" is Feb-1st. But your "Receipt Date" is usually a few days later - that is when the USCIS picks it up and it is much closer to your "Notice Date". In this e.g. your "Recipt Date" may be around the 5th or 6th or later.

Since the proof of USCIS receiving your file is the "Received Date", you can technically leave US on or after Feb-2nd, in our example above.

Hope this helps.

[arikepudi]

I believe i am in a unique situation. According USPS website EAD/AP cards were delivered on Jan 30th, but we didnt receive them. Contacted USCIS and got tracking numbers of USPS. That also says the same thing. Contacted local USPS and they say the same thing. Contacted USCIS and they opened a service ticket for the same. But they say i have to wait for 15 days to resolve it or so.

I am moving from IL to FL on 10th of this month.

Gurus, any suggestions in this case.

[EB2Immigrant]

I have been following this forum as a silent observer since last summer and wanted to share some good news: received 485 approval emails yesterday.

Thanks to Q, Nishant, Veni, Teddy, Spec and all others for their valuable insights and analysis.

My best wishes for early approvals to all who are waiting in queue.

Chargeability: EB2 - I
PD: 9/5/2007
Processing Stage: I-485
NSC
Received Date: 11/18/2011
Notice Date: 11/23/2011
FP Scheduled: 1/12/2012
EAD/AP approval Date: 1/12/2011
EAD/AP: Combo card received on 01/28/2012
485 Approval: 2/1/2012
485 Email Notification: 2/1/2012
485 Physical Card: <TBD>

[Kanmani]

Kanmani,

Just wanted to clarify a bit on the discussion we had about the receipts earlier and when a person can leave US after filing AoS. I went back and reviewed what my lawyer said earlier and am posting it here for general reference.

Every file has a "Received Date" and a "Receipt Date". The "Received Date" is the proof that your file was received by USCIS. Say your file reaches USCIS on Feb-1st, then your "Received Date" is Feb-1st. But your "Receipt Date" is usually a few days later - that is when the USCIS picks it up and it is much closer to your "Notice Date". In this e.g. your "Recipt Date" may be around the 5th or 6th or later.

Since the proof of USCIS receiving your file is the "Received Date", you can technically leave US on or after Feb-2nd, in our example above.

Hope this helps.

Good. But how do I know my Received Date ?

[veni001]

I have been following this forum as a silent observer since last summer and wanted to share some good news: received 485 approval emails yesterday.

Thanks to Q, Nishant, Veni, Teddy, Spec and all others for their valuable insights and analysis.

My best wishes for early approvals to all who are waiting in queue.

Chargeability: EB2 - I
PD: 9/5/2007
Processing Stage: I-485
NSC
Received Date: 11/18/2011
Notice Date: 11/23/2011
FP Scheduled: 1/12/2012
EAD/AP approval Date: 1/12/2011
EAD/AP: Combo card received on 01/28/2012
485 Approval: 2/1/2012
485 Email Notification: 2/1/2012
485 Physical Card: <TBD>

Congratulations to you and your Family.

[mysati]

Good. But how do I know my Received Date ?

It will be on the notice that you receive, after you file. But just go with the definition in my post above.

[gkjppp]

I have been following this forum as a silent observer since last summer and wanted to share some good news: received 485 approval emails yesterday.

Thanks to Q, Nishant, Veni, Teddy, Spec and all others for their valuable insights and analysis.

My best wishes for early approvals to all who are waiting in queue.

Chargeability: EB2 - I
PD: 9/5/2007
Processing Stage: I-485
NSC
Received Date: 11/18/2011
Notice Date: 11/23/2011
FP Scheduled: 1/12/2012
EAD/AP approval Date: 1/12/2011
EAD/AP: Combo card received on 01/28/2012
485 Approval: 2/1/2012
485 Email Notification: 2/1/2012
485 Physical Card: <TBD>

Congratulations EB2Immigrant.

[ontheedge]

Hi,

Sorry for asking this question in the wrong thread. I will move it to the appropriate thread once it is answered. I need to go to civil surgeon tomorrow. So, it is little urgent.

One is required to fill Full Middle name in Form I-693. I have received my labor and I-140 approval through FOIA. In my labor and I-140 approval my Given name (First name) field has been mentioned as my "First name Middle name" and Full Middle name field has been left blank. My Indian passport also has my name in the above format i.e. Given name is "First name Middle name" and there is no Middle name.

Do I need to do the same thing while filing the form I-693. Should I leave the field of Middle name blank and put my "First name Middle name" in Given name field. This may be a very trivial question. But I just want to be sure before going to the civil surgeon.

Thanks

Yes, follow the same format to maintain consistency. Changing it on the I-693 may create unnecessary confusion.