So a good Demand Data (like today) implies 1) vast majority (if not all) of the last few month's I-485s still haven't hit pre-approval stage. 2) Visa numbers still exisit
Is this fair?
I know this is not the correct place for this question. I will delete it in a day.
If my PD becomes current in this bulletin and if I file for my H-1B renewal next week in premium prcessing, will I still get 3 year or will they give me 1 year as dates are current effective next month?
Thanks.
That is going to be interesting. Typically they may run out of visas at the quarter end. It seems that it did not happen in the Dec-Jan transition. Let us see what happens at the March-Apr transition. If we see a sudden drop in approvals at March end then yes, the quarterly numbers were exhausted and we will see an accumulation in the next month's demand data for May bulletin.
If the H1-B extension is beyond 6 years and at the time of adjudication of H1-B, there is an I-485 pending against your name, then you will get an 1 yr extension. If the I-485 hasn't been filed at the time of adjudication of H1-B, then the extension will be for 3 yrs. I am not an expert. So please wait for what others have to say.
ANother Jan filer Greened
PD: 28 MAR 2008
RD: 4 JAN 2012
ND: 6 JAN 2012
EAD/AP received: 23 FEB 2012
Fingerprints: 10 FEB 2012
ASC Location: Louisville, KY
I485 CPO: 7 MAR 2012
I485 Decision email: 7 MAR 2012
http://www.trackitt.com/usa-discussi...page/last_page
I dont think as of now atleast visa numbers are done .....![]()
One more Jan Filer
485 card received: waiting
485 approved on: 3/7/2012
EAD/AP combo card received: 3/2/12
EAD/AP approved on: 2/26/2012
FP completed: 2/1/2012
Early Walk-in: Yes
Original ASC: Elizabeth
Fingerprinted ASC: Long Island City, NY (because its near to my office)
ND: 01/10/2012
RD: 01/12/2012
PD: 09/16/2008
H-1B extension is beyond 6 years. I would not have filed I-485 as dates are current in this bulletion (but effectively from 1st of April). So, I thought about this and am going to file my extension in premium so that i can get an approval before my date is effectively current. But still i ahd the doubt that the dates are published to be current..so?
Nearly 8K+ Eb2IC backlog was cleared within the 2012 Q1 quota , with this Dos could have ran out of Visa numbers . If this is true then they are going on approving cases by stealing numbers from Q2 . My belief is there should be some bending of rules happened with a mutual agreement between USCIS and Dos.
Note: I still believe 8k approved from 2011 quota until proven wrong.Spillover numbers are otherwise unused numbers. How could Spillover happen in Day 1 of the fiscal year ? If we donate used clothes, do we donate them right away coming out from an apparel store?
Last edited by Kanmani; 03-08-2012 at 11:14 AM.
That user is http://www.trackitt.com/member/GSingh3422
Another Jan filer, http://www.trackitt.com/member/pinky032008 got approved. Read his/her post.
http://www.trackitt.com/member/niranjanvemuri
http://www.trackitt.com/member/igreened
Above two were also approved. Both are NSC and Jan filers.
Last edited by kd2008; 03-08-2012 at 11:11 AM.
Spec, please correct my understanding from the following from your posting in facts and data. Thanks for documenting for everyone's benefit.
"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."
I believe this should also include the scenario that if USCIS is able to adjudicate more applications than the allocated numbers by DOS even if the dates are current then also the numbers should show up. Now if USCIS has no monthly circuit breakers then the approvals will only stop when the annual limits are hit. Right now Nov and Dec filers are being approved consistently even though significant number of people in these groups are still pending / waiting.
Demand data should be qualified but unsatisfied or unsatiated demand assuming that there is a monthly limit or circuit breaker. However if it’s just in the case when PD is not current then this document is truly redundant from the standpoint of predictions.
There are two situations where "demand" would come about (i.e. on the demand data report)
1. Dates are current - visa quotas are maxed out (in which case retrogression would happen and demand would increase). The "circuit breakers" are quarterly quotas.
2. Dates are already retrogressed - a person's application is pre-adjudicated (what happened due to the 2007 fiasco).
Thanks Vizcard for pointing, I read through Spec's post and he has the circuit breaker scenario also documented by quarterly limits. Now since this will be a new quarter I think they can have a open heart about forward movement.
"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.".
Spec thanks your description sounds perfect.
Last edited by TeddyKoochu; 03-08-2012 at 01:42 PM.
Teddy,
I agree.
In the document, I also said
and I have mentioned that scenario several times.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 only law about allocation is for the Quarterly limit, so allocating more in a month within the quarter is very likely. Figures for EB3 in previous years shows this does appear to happen.
Frankly, I think the quarterly limit for Q2 might be a bit tight. As long as he successfully negotiates that, a new quarter's allocation becomes available.
Although it is the law, I am not convinced CO has ever seen 27% as a hard, hard limit, since he can "anticipate" returns of visas from Consulates. If those happen to be "less" than he used in his calculations, then he has exceeded the Quarterly limit. Only the Year End limit is a hard cap in reality IMO.
I am more and more convinced that CO knows exactly where he wants to stop the forward movement in Cut Off Dates and that he will do that regardless. In that respect, I have stopped trying to guess.
I think the more interesting question is how much SOFAD there will be this year. Really, leaving aside the EAD/AP issue, that is the only important number, other than the more cases there are, the longer it will be before rapid forward movement is possible again.
As both Q and yourself have said, the forward movement is completely independent of the number of visas available this year.
People should enjoy it while it lasts, but it will end eventually.
Without an irritant, there can be no pearl.
nellore,
This memo (page 13 (10)) instructs Adjudicators to look at the VB that was in effect at the time of filing to determine whether to grant a 1 or 3 year extension. Some selected snippets from the memo:
Any petitioner seeking an H-1B extension on behalf of an H-1B alien beneficiary pursuant to §104(c) of AC21 must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.So, if the extension was filed when you weren't Current, then you should be entitled to a 3 year extension.Adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of the filing of the Form I-129 petition in which a request for an §104(c) of AC21 H-1B extension request is made. If the H-1B alien beneficiary is shown to be ineligible to be granted lawful permanent resident status because of the per country visa limitations, then the H-1B extension request under the provisions of §104(c) of AC21 may be granted for a maximum of three year increments, until such time as the alien’s application for adjustment of status has been processed and a decision made thereupon.
Without an irritant, there can be no pearl.
Sorry if this is already posted (please let me know i will delete).
http://www.travel.state.gov/pdf/Empl...utOffDates.pdf
Does this any helpful info...
TSC || PD: Aug 08 2007 || Receive date: Nov 08 || EAD/AP: Jan 24 || RFE for birth certificate: Feb 27 || Response received: Mar 5 || CPO email: Mar 13
First time poster. Feel free to correct me if I make any noob mistakes.
I can vouch for what Spec said from personal experience. My H1B - Post 6 yr extension was pending since Oct 11 thru Jan 12 when I had to visit India for a family emergency. The Feb bulletin (issued in Jan 12) made my PD (10/2009) current (starting Feb 1). I got my visa extension stamped based on the extended H1B and got a full 3 years.
Hope that helps.
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