EB2 Predictions (Rather Calculations) - 2012

[just_curious]

Guys, as much as the numbers speaks the fact they are kind of confusing for the novice people like me. my PD is Feb 2011 as I was kind of expecting the dates to be current either this FY or at least next FY. Based on the numbers laid out here, I am not sure whether I am too optimistic

[krishnav]

Hello Gurus,

Can someone please help me with this query.
Thanks.

Hello Gurus,

I have a query. This is kind of an urgent situation...so I had t post it here. I will move this to another thread once I receive an answer.

My question is if a person is currently working for Firm A and applied for GC through Firm B (a consulting firm), when he recieves his EAD, if he went back to Firm B (on H1) and works as contractor with Firm A (his employer before he received EAD), would it be an issue as far as H1 Transfer or GC is concerned.

Please advise.
Thanks.

[murali83]

I think you need to count PWMBs separately.

Thanks man, will do that

[murali83]

You need to probably factor in backlog carried forward from last FY and PWMBs. (and porting)

Will do that and recalculate, thanks

[soggadu]

http://www.cilawgroup.com/news/2012/...ctober-1-2012/

:-( expected but bad news...

[soggadu]

guys... please shed some light on this...

http://www.qesehmk.org/forums/showth...6661#post26661

[vizcard]

guys... please shed some light on this...

http://www.qesehmk.org/forums/showth...6661#post26661

I don't think there's much more to say than what Q posted there.

[Nishant_imt]

Gurus,

My I-485 was filed on 4/17 and i haven't received the receipt notice yet. If i don't receive it by 30th when the dates are retrogressing, would i be "missing the boat"?

Thanks in Advance.

[Spectator]

Some with PD 26 Feb 2009 got his GC approved. Posted this morning!! Not sure if anyone already shared this here....

http://www.trackitt.com/member/matrixminder

It turns out this was a false alarm. The user posted this on their profile comments:

Posted by matrixminder on 25 Apr 2012

Sorry fellas, got too excited with "Card Ordered" status and overlooked it was for I-765 and I - 131. Both are approved and email from USCIS that USPS picked my card which I believe is EAD approval and I will get it within 30 days. I will move this to other section...I don't know how long before I get the card.
And yes, it is EB2-I AOS...I still can't see I-485 status with the receipt number so I am assuming it's pending status...sorry for confusion again...hopefully it won't be long wait...any idea? ...Thanks!

[Spectator]

Gurus,

My I-485 was filed on 4/17 and i haven't received the receipt notice yet. If i don't receive it by 30th when the dates are retrogressing, would i be "missing the boat"?

Thanks in Advance.

Nishant_imt,

I know it is a stressful time, but try not to worry unduly.

It is the day that USCIS received the application that is important, rather than when they get around to sending out the Receipt Notice.

Hopefully, your lawyers have proof of delivery date. It does seem to take some time to receive the actual Receipt Notice.

Good Luck.

[gcq]

Hello Gurus,

Can someone please help me with this query.
Thanks.

I don't think it should be an issue. As GC is for a future job, it does not matter whom you work for now.

[usernameisnotvalid]

Thanks God!

This reinstates my trust in the system! It is perfect!

It turns out this was a false alarm. The user posted this on their profile comments:

[Nishant_imt]

As always, Thanks Much Spec. I hope the lawyer has the tracking info.

[tatikonda]

Hi Everyone,

I have reading an article on "Sunset of Non-Minister Religious Worker Immigration Law and Advisory for Earliest Filing of I-485 Applications"

Looks like every Fiscal year, these programs should get federal fund and Congress should approve it so that it continues to process, otherwise it is going to shutdown. It appears to me that, EB4 program might get effected by this.

The thought might be cruel/ugly but if this happens, is it going to benefit EB2.
do we get spill over from EB4.

Sorry Guys to ask this question.

[qesehmk]

Nothing wrong in what u said. No need to be sorry. This should add 1-2 k to eb4 spillover. I believe eb4 doesn't yield. Anything today.

Hi Everyone,

I have reading an article on "Sunset of Non-Minister Religious Worker Immigration Law and Advisory for Earliest Filing of I-485 Applications"

Looks like every Fiscal year, these programs should get federal fund and Congress should approve it so that it continues to process, otherwise it is going to shutdown. It appears to me that, EB4 program might get effected by this.

The thought might be cruel/ugly but if this happens, is it going to benefit EB2.
do we get spill over from EB4.

Sorry Guys to ask this question.

[anish5]

Hi Kanmani/Guru's,

We (My self/wife) just pop up I-485 RFE in SMS , How long take time to get physical notice and is it going to get Attorney or my home (Got EAD/AP/FInger prints came to my home directly) .
Also what type of RFE , any idea ? what is the response time, I already booked the flight ticket , can I travel using AP or can we respond after came to USA?

Please advise!!!

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS


Your Case Status: Request for Evidence


On April 26, 2012, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service

[vizcard]

Hi Kanmani/Guru's,

We (My self/wife) just pop up I-485 RFE in SMS , How long take time to get physical notice and is it going to get Attorney or my home (Got EAD/AP/FInger prints came to my home directly) .
Also what type of RFE , any idea ? what is the response time, I already booked the flight ticket , can I travel using AP or can we respond after came to USA?

Please advise!!!

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS


Your Case Status: Request for Evidence


On April 26, 2012, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service

No way to tell till you actually get the hard copy RFE. I believe you will get that in 7 days or so...could be longer.
You can travel on AP and respond when you get back as long its within the time to respond (90 days I think)

[srinidhi]

I have received my EAD last week and I am working on H1B with my GC sponsored employer .My H1B is expiring next month . I am getting salary of 80K per annum on my H1B .But my Perm prevailing wage says 54$ per hour . If I start work using my EAD , Does my employer need to pay the prevailing wage as stated in my PERM ? or Can he pay me the same wage(80K pa) what I am getting right now ?

Thanks

[Jonty Rhodes]

Sorry to post something off-topic but I think this can help people who want to change their jobs and still want to retain their PD even if their I-140 is revoked by the previous employer. (unless it is revoked for fraud or willful misrepresentation). I believe this will not only help the people who are porting from EB-3 to EB-2 but also people in EB-2 who also want to change the jobs.

Below is a link for the video from Immigration Lawyer Rajiv Khanna which throws some light on this. The document in the video was released by NSC after a Teleconference on 04/12/2012 and talks about the policy they (TSC and NSC) follow. This was also reported on Oh Law Firm Website by Attorney Mathew Oh few days ago also.

I am not sure if people were already aware of this before. At least, not me. I always thought that if you change your job and go to a new employer and if the old employer revokes your I-140 for any reason, than you lose your PD. I guess I was wrong.

There is one caveat though. If you are seeking H1B extension beyond 6 years than you can not do that on revoked I-140.

http://www.youtube.com/watch?v=TsVVo...layer_embedded

This is what Oh Law Firm website said.

04/25/2012: I-140 Earlier Priority Date Recapture in the Context of Withdrawal of Approved Earlier I-140 by Earlier Employer

In order to tackle the insurmountable hurdle for EB-3 employment-based immigration, Indian and Chinese professionals have been seeking EB-2 labor certification and EB-2 I-140 petition through new employers and they have been agonizing to find answer to a question as to whether they could recapture the earlier priority date which was retained through the former employer but afterward revoked by withdrawal of the approved I-140 petition by the former employer. This issue is handled, from time to time, by adjudicators differently, leading to denial of recapture despite of the language in the USCIS regulation which gives a right for the alien beneficiary to retain earlier priority date unless the approved petition is revoked for fraud or misrepresentation. Under the immigration statute, the employer does not have any authority to revoke the government decision and only the agencies can revoke the decisions. The employers can withdraw the approved petitions and based on the withdrawal, the agencies can revoke the approved petitions. In such context, the agency is revoking the approved petition not, repeat not based on fraud or misrepresentation. Therefore, the retained priority date should not be affected in the latter context. In the AILA and Nebraska Service Center liaison minute of 04/12/2012 which has just been released, the Nebraska Service Center confirms that Texas and NSC centers adhere to retaining the earlier priority date unless the I-140 was revoked for fraud or willful misrepresentation and not for withdrawal of the approved petition by the employer. The agency's liaison opinion is not a binding rule but at least reflects their practice. Good to know, but those who face such decision should seek legal counsel.

This raised a question in my mind. Suppose if I change my job and go from Employer A to Employer B and if Employer A revokes my I-140 (not for fraud or willful misrepresentation) than I understand that I would be able to retain my PD. But in order to do that, does the job description has to be similar with Employer B also?

I am asking this because one of my Physician friend is currently working as a General Internist and has a traditional Internal Medicine Practice (meaning seeing patients in his office and also going to hospital to see patients). He is wanting to change the job and work exclusively in the inpatient setting (seeing patients only in hospital, no more office hours). He has an approved LC and I-140 under EB2I with Employer A but the job description will be different if he goes to Employer B since he is going to have only inpatient duties. Should he change his job or not?

Thanks in advance.

[Spectator]

This raised a question in my mind. Suppose if I change my job and go from Employer A to Employer B and if Employer A revokes my I-140 (not for fraud or willful misrepresentation) than I understand that I would be able to retain my PD. But in order to do that, does the job description has to be similar with Employer B also?

I am asking this because one of my Physician friend is currently working as a General Internist and has a traditional Internal Medicine Practice (meaning seeing patients in his office and also going to hospital to see patients). He is wanting to change the job and work exclusively in the inpatient setting (seeing patients only in hospital, no more office hours). He has an approved LC and I-140 under EB2I with Employer A but the job description will be different if he goes to Employer B since he is going to have only inpatient duties. Should he change his job or not?

Thanks in advance.

Jonty,

My take on this issue.

A job being the same or similar is only an issue when a person is using I-140 Portability under AC-21 because an I-485 has been pending at least 180 days. When this is the case, no new PERM or I-140 is being approved for the new position and the job is required to be similar to the PERM/I-140 it is being based on.

I would argue that your example would fall under the definition of "similar" anyway. The requirement is not that the job be "identical".

Where the new job has its own new PERM (if required) and I-140, then there is no requirement for the job to be similar to that of the previously approved I-140 to recapture the earlier PD.

The USCIS Adjudicators Field Manual deals with the issues in Chapter 22.2 (d).

(1) Determining the Priority Date.

In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien's priority date is established by the filing of the labor certification, once the alien's Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

There is also a section on a PD based on an earlier petition.

(3) Priority Date Based on Earlier Petition.

If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example: Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

I think the example makes it quite clear that the later petition does not need to be similar to the originally approved petition to retain the PD.

[Kanmani]

I have received my EAD last week and I am working on H1B with my GC sponsored employer .My H1B is expiring next month . I am getting salary of 80K per annum on my H1B .But my Perm prevailing wage says 54$ per hour . If I start work using my EAD , Does my employer need to pay the prevailing wage as stated in my PERM ? or Can he pay me the same wage(80K pa) what I am getting right now ?

Thanks

Srinidhi,

The salary noted in the perm which was accepted by the employer to pay you is for the future employment after you obtain ur GC.

[ismile]

Kanmani,

If you don't mind could you please share the reason for your RFE?

[bieber]

Hi Kanmani/Guru's,

We (My self/wife) just pop up I-485 RFE in SMS , How long take time to get physical notice and is it going to get Attorney or my home (Got EAD/AP/FInger prints came to my home directly) .
Also what type of RFE , any idea ? what is the response time, I already booked the flight ticket , can I travel using AP or can we respond after came to USA?

Please advise!!!

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS


Your Case Status: Request for Evidence


On April 26, 2012, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service

Anish

what is your RD and service center?

[anish5]

No way to tell till you actually get the hard copy RFE. I believe you will get that in 7 days or so...could be longer.
You can travel on AP and respond when you get back as long its within the time to respond (90 days I think)

Thank you Vizcard, Will update you once get the RFE in hand.
I was thinking to respond after my vacation but let see the dates are confomrtable with in range.

[Jonty Rhodes]

Jonty,

My take on this issue.

A job being the same or similar is only an issue when a person is using I-140 Portability under AC-21 because an I-485 has been pending at least 180 days. When this is the case, no new PERM or I-140 is being approved for the new position and the job is required to be similar to the PERM/I-140 it is being based on.

I would argue that your example would fall under the definition of "similar" anyway. The requirement is not that the job be "identical".

Where the new job has its own new PERM (if required) and I-140, then there is no requirement for the job to be similar to that of the previously approved I-140 to recapture the earlier PD.

The USCIS Adjudicators Field Manual deals with the issues in Chapter 22.2 (d).



There is also a section on a PD based on an earlier petition.



I think the example makes it quite clear that the later petition does not need to be similar to the originally approved petition to retain the PD.

Sorry Spec. I thanked you earlier in one of my posts but I think Kanmani moved the Vaccination RFE thread to Post-485 filing section and by mistake, my post thanking you was also moved with that thread. So posting the appreciation again.

Thanks a lot Spec. As always, you are right on target. Thanks again.