EB2 Predictions (Rather Calculations) - 2012

[bee369]

It is probably true that getting a GC in 180 will be tough unless there's wholesale RfEs for the 2008 and 2009 cases. That's very unlikely and then there's the retrogression factor. I would definitely wait until after FP and EAD in hand.

If I understand your situation correctly, are they suggesting you physically move to NY but as an IL employee and then file the AC21 after 180 days for change in location? Technically a change in location requires a new labor and I140 but I don't know if this is true even after the 485 application. My guess is yes - in case of a RfE on your case.

They r moving me as NY employee but same team

[nishant2200]

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Good article to read on USCIS website, apart from AC21 and porting, a very specific para is:

Q5. Can I accept a different position or receive a promotion from my employer and remain eligible to adjust my status to permanent residence?
A5. USCIS will evaluate these situations on a case-by-case basis. The job duties for each position, the SOC codes for each position, and any differences in the wages will be the determining factors as to whether you remain eligible. Regardless of whether the new job is considered a demotion, a lateral move or a promotion within the company for which the beneficiary is employed, the job duties must be sufficiently similar. USCIS officers will view the totality of the circumstances in light of the congressional intent, expressed in INA section 204(j), as enacted by 106(c) of AC21, to facilitate job mobility within the same or similar occupational classification for qualifying aliens with long-pending adjustment applications.


main thread at: http://www.qesehmk.org/forums/showth...ct-on-I-485-PD

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ps: credit to ponty2012 on trackitt for finding this information.

[MeraNoAayega]

Service Center: TSC

485 Approved Date: Mar 13, 2012

765/131 Approved Date: Jan 05, 2012

FP Appointment Date: Dec 14, 2011
FP Notice Date: Nov 17, 2011

485/765/131 Notice Date: Nov 7, 2011
485/765/131 Receipt Date:Nov 3, 2011
485/765/131 Mailed Date: Nov 2, 2011

Above details are same for both primary and dependent. Good luck !!

[vizcard]

They r moving me as NY employee but same team

That's tricky and in my opinion risky. In the eyes of the USCIS, the premise of your application is a Company A at location A for job A. If any of those change, its a red flag for them. It might be easier to be an IL employee who works in NY vs being a NY employee working in NY. Are you in consulting or an industry job ? What I said is more relevant for an industry job. I would talk to an independent immigration lawyer.

For what its worth, my law firm (fragomen) has told me that if I wanted to move to a different office in my Firm, it would be a do-over.

[Desperate8]

I had similar issue before. I got a fake update saying card production ordered in the first week Nov. I called customer serverice after reaching level 2 they told me my spouse address is wrong, all the mails are going to old address and some one returned it. They told me when something like that happen it triggers the CPO email, which is odd.

Mine atlast got approved in the last week of nov after updating my spouse address. Double check your address if you moved recently.

Got Card mailed email today - I shouldbe getting "My Precious" in a couple of days I guess.

Yes address was verified and was correct.

[mesan123]

So this should ease your tensions....ENJOY the day

Got Card mailed email today - I shouldbe getting "My Precious" in a couple of days I guess.

Yes address was verified and was correct.

[qesehmk]

If there further interest ..... this discussion is moved at
http://www.qesehmk.org/forums/showth...t-Want-To-Read

Please do not post replies on this topic in this thread.

With due respect, I clearly said that I am not against IT at all. But against people who misuse the system. If indeed is so hot then why the universities/colleges still have other disciplines? If all colleges teach so called hot IT, then question of swiching career is not there?.

I guess we are missing the main point - misuse of the system. This is I am mad at and any one should be.

Why to increase the immigratiion intake? It is high anyway? But instead - the qualifying bench mark should be set high, if we want USA to be the first world.

We very well know who finances children's education in India and from where so called EVVCL guys get their GC financing?

[bee369]

That's tricky and in my opinion risky. In the eyes of the USCIS, the premise of your application is a Company A at location A for job A. If any of those change, its a red flag for them. It might be easier to be an IL employee who works in NY vs being a NY employee working in NY. Are you in consulting or an industry job ? What I said is more relevant for an industry job. I would talk to an independent immigration lawyer.

For what its worth, my law firm (fragomen) has told me that if I wanted to move to a different office in my Firm, it would be a do-over.

My understanding and what our law firm told is that GC can be for future position and in my EV letter they mentioned that they r applying 485 for my IL and also they did mention that I will be working for PERM location and role after approval and if it takes more than 180 days for approval we can apply AC21 and put new location right ? I am just concerned about any chance that I can get GC within 180 days, if so hopefully they will move me back to IL but just in case if they dont, just wondering what will happen.

[qesehmk]

I agree with Vizcard ..... but I don't see what he says vs you say in conflict. they are both true.

My firm was fragomen and tehy also said that moving to another location will be do-over. My strong suspicion is that the law firms are paid by corporations and they will say things that are in the interest of the client. Is it exactly how law expects it to be? I don't know.

But I will tell you this -if your employer (i..e your boss) is behind you 100% and is not concerned about losing you or losing his position after your GC, then what you say below is a perfect scenario and everything can be managed. All it takes is for your company to say yes you will work in IL after 485, for you to get GC. They may or may not say that based on other considerations that may not necessarily tied to the legality of the situation at hand.

My understanding and what our law firm told is that GC can be for future position and in my EV letter they mentioned that they r applying 485 for my IL and also they did mention that I will be working for PERM location and role after approval and if it takes more than 180 days for approval we can apply AC21 and put new location right ? I am just concerned about any chance that I can get GC within 180 days, if so hopefully they will move me back to IL but just in case if they dont, just wondering what will happen.

[bee369]

I agree with Vizcard ..... but I don't see what he says vs you say in conflict. they are both true.

My firm was fragomen and tehy also said that moving to another location will be do-over. My strong suspicion is that the law firms are paid by corporations and they will say things that are in the interest of the client. Is it exactly how law expects it to be? I don't know.

But I will tell you this -if your employer (i..e your boss) is behind you 100% and is not concerned about losing you or losing his position after your GC, then what you say below is a perfect scenario and everything can be managed. All it takes is for your company to say yes you will work in IL after 485, for you to get GC. They may or may not say that based on other considerations that may not necessarily tied to the legality of the situation at hand.

Ok thanks Q and Vizcard

[veni001]

I am greened.

Nishant, You are right, 3rd week of March. Got CPO mail for both me and my wife just 5 mins before.

I am always thankful to Nishant, Q, Teddy, V and others on this forum.

Thank you,
SK

NSC
RD-12/27/11
ND-12/29/11
FP-2/10/12
EAD-2/8/11
I-485-3/12/12

I got the I 485 Approval on Saturday...

PD 23 Jan 2008 India EB2
Perm was approved in Dec 2010 after being Denied twice and Appealed twice.
I 140 was approved in Jan 2011

Thanks to All you guys for the predictions etc etc.

God Bless u all...

Girish

Service Center: TSC

485 Approved Date: Mar 13, 2012

765/131 Approved Date: Jan 05, 2012

FP Appointment Date: Dec 14, 2011
FP Notice Date: Nov 17, 2011

485/765/131 Notice Date: Nov 7, 2011
485/765/131 Receipt Date:Nov 3, 2011
485/765/131 Mailed Date: Nov 2, 2011

Above details are same for both primary and dependent. Good luck !!

Congratulations to H1GC140; girishgkulkarni and MeraNoAayega.

[luckycub]

Hi - a quick question - is it ok to change the address with USCIS a few days prior to moving?

[gc4a_k]

is it a new construction or an existing one. for new construction you will have to wait till closing as address is updated in USPS database only after closing and even that takes up to a week.

for exisiting home/apartment you can go ahead and change the address. make sure your new home/apt has your name in the mail box.

[luckycub]

is it a new construction or an existing one. for new construction you will have to wait till closing as address is updated in USPS database only after closing and even that takes up to a week.

for exisiting home/apartment you can go ahead and change the address. make sure your new home/apt has your name in the mail box.

It is an existing apartment - lease starts Mar-26th. Have heard that it takes USCIS 7 days to update the address in their system and my situation is that I may have to reschedule my FP appointment date with my new address since my FP date is on 3-30 (earlier walk-in was denied) in the current state. Thank you.

[gc4a_k]

It is an existing apartment - lease starts Mar-26th. Have heard that it takes USCIS 7 days to update the address in their system and my situation is that I may have to reschedule my FP appointment date with my new address since my FP date is on 3-30 (earlier walk-in was denied) in the current state. Thank you.

Yes it takes them 7 days to update. in my case, when i went for my FP appt, the address shown in the screen was the old one even though i got mail from USCIS that my address has been changed. the lady in ASC told me that they cannnot change the address over there. i went ahead and got my FP done. still waiting for my EAD/AP approval.

[YTeleven]

USCIS FY2011 Highlights Report shows improved performance since 2009 :
http://www.uscis.gov/USCIS/About%20U...s%20Report.pdf

[luckycub]

Yes it takes them 7 days to update. in my case, when i went for my FP appt, the address shown in the screen was the old one even though i got mail from USCIS that my address has been changed. the lady in ASC told me that they cannnot change the address over there. i went ahead and got my FP done. still waiting for my EAD/AP approval.

Thank you. Was yours done in the same ASC or different? Did you reschedule your FP appt?

[gc4a_k]

went to elizabeth, nj asc and i didnot reschedule. now that i think about it, i probably should have. this way all the depts would have the same address and probably would be easier (no confusion) to handle the case.

[gc4a_k]

went to elizabeth, nj asc and i didnot reschedule. now that i think about it, i probably should have. this way all the depts would have the same address and probably would be easier (no confusion) to handle the case.

FYI, my FP was done on March 2nd.

[avi_july2010]

Hi all,

I have been checking out this forum from past couple of months and learned so much...People in here have terrific knowledge and theories. Admins are doing excellent job. Please keep up the good work..

I was looking through I-485 approvals in the tracker and observed some approvals for EB2 I&C with priority dates in the last quarter of 2008, most promising one being of 12/30/2008. While it by no means indicates that all petitions before the said date have been approved, but its indeed a good sign that USCIS is approving some cases with priority dates in the last quarter of 2008. Does anybody know when the spillover kicks in? Is it every quarter or in the last two quarters?

[YTeleven]

Hi all,

I have been checking out this forum from past couple of months and learned so much...People in here have terrific knowledge and theories. Admins are doing excellent job. Please keep up the good work..

I was looking through I-485 approvals in the tracker and observed some approvals for EB2 I&C with priority dates in the last quarter of 2008, most promising one being of 12/30/2008. While it by no means indicates that all petitions before the said date have been approved, but its indeed a good sign that USCIS is approving some cases with priority dates in the last quarter of 2008. Does anybody know when the spillover kicks in? Is it every quarter or in the last two quarters?

My understanding is that, from this year onwards they are doing it on Quaterly basis. Since we are in the middle of the FY2012, you can expect that they might have already allocated 50-60% of visas based on the quaterly spillover rules.

[tatikonda]

Is there a report on Visa Numbers used so far by DOS ?
Last I heard CO saying in January 2012, that they reached 39% not sure how much they reached now and is there any possible movement in May Visa Bulletin.

Please share your thoughts !!

[Desperate8]

So this should ease your tensions....ENJOY the day

Absolutely - All relaxed , but will strive my best to help our community with more answers.

Summary / Lessons -

L1 / L2 officers don't have right set of Information maybe within 1-2 days of your updates. So please RESIST calling them.

[eb2visa]

2011 USCIS Highlights

http://www.uscis.gov/USCIS/About%20U...s%20Report.pdf

[veni001]

Hi all,

I have been checking out this forum from past couple of months and learned so much...People in here have terrific knowledge and theories. Admins are doing excellent job. Please keep up the good work..

I was looking through I-485 approvals in the tracker and observed some approvals for EB2 I&C with priority dates in the last quarter of 2008, most promising one being of 12/30/2008. While it by no means indicates that all petitions before the said date have been approved, but its indeed a good sign that USCIS is approving some cases with priority dates in the last quarter of 2008. Does anybody know when the spillover kicks in? Is it every quarter or in the last two quarters?

My understanding is that, from this year onwards they are doing it on Quaterly basis. Since we are in the middle of the FY2012, you can expect that they might have already allocated 50-60% of visas based on the quaterly spillover rules.

First of all, welcome to both of you.

In my opinion USCIS can do QSP only when EB1 and ER2ROW demand is less than the allowed numbers in a particular quarter.

Please note that the demand can vary widely from one quarter to the next, depending on USCIS processing speed.