EB2 Predictions (Rather Calculations) - 2012

[pdmay2008]

Upcoming month's visa bulletin: December 2011 (Coming Soon)

[qblogfan]

Dear friend, Thanks for your introduction of golpappas. I like street food too.

I am sorry to hear you are checked in India. I was checked in China several years ago. It took me about one month to get visa.

I would like to provide this phone number to you: 202-663-1225, extension 100.

You can call this number to check your status in DC.

It's much pain to go through the admin check and it's totally bull shit and a waste of time. Their goal is to minimize your communication/visit to your home country, thus minimize the possibility of technology transfer.

Thanks Q, srimurthy, sandeep11, indiasunil, manubhai and mysati for your thoughtful replies. I am much relieved after your advice. Since they have not asked for any documents, I am just going to keep my fingers crossed, check my email like a maniac, inform my company of the stupidity, call VFS with the regularity of going to the loo after having golgappas* and finally, send laddus* to all of you once I land back in US.

*PS> QBF - golgappas are a street food in India that are sure to give you diarrhea (although I have avoided the fate on this trip) - but they are so tasty that you can not resist them. Laddus are a kind of sweet - usually distributed on occasions of celebration.

[qblogfan]

my friend, I was busy with some research these days and I didn't post in the past several days.

now I am back and will post more!

This is my belief.

If H1 got rejected, it does not put in harm your AOS, and you can enter on AP, and work on EAD.

H1 is not voided on EAD/AP, H1 is voided on getting actual green card.

A person on EAD/AP, can go to India, continue to have H1, may not even get H1 stamped, and next time can go and get stamped, can change jobs using H1 transfer if he wishes to have H1 cushion.

[mysati]

Not being a spoilsport here or bursting your balloon of enthu. As soon as a month's VB comes out, the next month is updated on top with the standard phrase. So please wait...apka number be ayega (Translation: You'll get your turn/chance soon.)

Upcoming month's visa bulletin: December 2011 (Coming Soon)

[leo4ever]

this L1 intratransfer work visa is the guy which torments ultimately in EB1C.

I hope this streamlining has an hidden agenda to scrutinize these candidates. There also is a dire need of labor certification with appropriate PWD for this category, so that it is certified that the salary is commensurate with someone who commands a category even above EB2.

I hope this helps misusing EB1. May be have search to see if they are planning to do only in india or also in other countries including china.

[leo07]

Those are all hypothetical questions. Why would you go for a H1b Visa when you have AP?
What I meant by renewing H1 is to extend your legal-petition not the Visa part. may be I was not clear there.

so what happens if u have EAD/AP and they reject ur H1 during visa stamping at the consulate?

[leo07]

Not true. Only after your adjustment of status application is approved will your H1b becomes void. As Nishanth mentioned that's after your GC

I believe your H1 automatically is voided once you get EAD/AP.

[vizcard]

Not true. Only after your adjustment of status application is approved will your H1b becomes void. As Nishanth mentioned that's after your GC

Thanks for the clarification. But that brings up another question. What if the AOS gets rejected. Does the underlying H1 get cancelled?

[nishant2200]

Thanks for the clarification. But that brings up another question. What if the AOS gets rejected. Does the underlying H1 get cancelled?

no, that is why people recommend maintaining a H1 also alongwith.

[pdmay2008]

Not being a spoilsport here or bursting your balloon of enthu. As soon as a month's VB comes out, the next month is updated on top with the standard phrase. So please wait...apka number be ayega (Translation: You'll get your turn/chance soon.)

Thanks for the clarification. I thought it only shows up 3 or 4 days before the VB comes out.

[sandeep11]

Apply for EAD and AP. Don't use EAD if you think it would be better off to continue on H1until you get greened. You still have to pay the same fee. They don't charge you extra for EAD and AP. The fee is $985 + $85 = $1070. Its just that you will get EAD and AP just in case.

Edit: EAD + AP (both on one card) valid for 2 years

I am not an expert on GC related stuff- so a basic question:

If you are on H-1 and when you apply for 485 I think you have the option to apply for EAD/AP. I guess AP is for travelling, is there any advantage in applying for EAD or is it better to stay with H-1? if you have EAD and your H-1 stamp is not current on the passport do you have to go for visa stamping or since you have EAD you can use that as the stamped visa? Also do people apply only for AP? how long are they valid? sorry for these basic questions

[leo4ever]

Thanks for the clarification. But that brings up another question. What if the AOS gets rejected. Does the underlying H1 get cancelled?

i liked your way of having PD in signature and copied you :-)

[cbpds1]

its more abt avoiding the H1 stamping peace killing process while on "vacation" for many folks.

Apply for EAD and AP. Don't use EAD if you think it would be better off to continue on H1until you get greened. You still have to pay the same fee. They don't charge you extra for EAD and AP. The fee is $985 + $85 = $1070. Its just that you will get EAD and AP just in case.

[leo07]

Again, I feel that you are asking all hypothetical questions.
These are two separate and almost independent applications on a different points of a time line. Just because AOS is rejected doesn't mean your H1B will be rejected, however, if your h1b is rejected chances of AOS slim down significantly. Because one of the line items on your AOS is about 'Rejection' of any type of petition with CIS.

Thanks for the clarification. But that brings up another question. What if the AOS gets rejected. Does the underlying H1 get cancelled?

[vchirakala]

Guru's,

Do I have any chance of becoming current in this or next bulletin.

[sandeep11]

If not in the upcoming bulletin, you should be current in the next (Jan VB) if what CO has mentioned in the last wednesday's stakeholders meeting stands true. Atleast I am relying on it rather with a grain of salt.

Guru's,

Do I have any chance of becoming current in this or next bulletin.

[srd4gc]

If a candidate got a rejection on an F1 visa attempt before entry into US and then got the approval for the same in another attempt, should this visa rejection be included in the 485 application???

Again, I feel that you are asking all hypothetical questions.
These are two separate and almost independent applications on a different points of a time line. Just because AOS is rejected doesn't mean your H1B will be rejected, however, if your h1b is rejected chances of AOS slim down significantly. Because one of the line items on your AOS is about 'Rejection' of any type of petition with CIS.

[venkimakthal]

If not in the upcoming bulletin, you should be current in the next (Jan VB) if what CO has mentioned in the last wednesday's stakeholders meeting stands true. Atleast I am relying on it rather with a grain of salt.

I am also more over in same boat, my PD is April 08, 08, last wednesday's stakeholders meeting both Jan and Feb VB can be like Dec movement, even if CO does in Jan we will be current, lets hope for the best, cross fingers

[leo07]

YES. you got to be truthful to the best of your knowledge when you sign on the dotted line.

If a candidate got a rejection on an F1 visa attempt before entry into US and then got the approval for the same in another attempt, should this visa rejection be included in the 485 application???

[srd4gc]

Good to know...Thanks!

[Karma1979]

Filing fees for I-485 is total of $1070. Does this include your spouse or you have to pay $1070 each (a total of $2140) ??

[vchirakala]

Good luck to everyone ...

[venkimakthal]

Filing fees for I-485 is total of $1070. Does this include your spouse or you have to pay $1070 each (a total of $2140) ??

I think it will be $2140

[tackle]

I think it will be $2140

This is correct.

[Transformer]

Filing fees for I-485 is total of $1070. Does this include your spouse or you have to pay $1070 each (a total of $2140) ??

$1070 for each 485 application.