EB2 Predictions (Rather Calculations) - 2012

[Pdmar08]

EVL = Employer Verification Letter

Thanks!(lengthening reply because system said needs to be more than 10 characters)

[nishant2200]

Hi Guys,

I am trying to fill the G-325A form but there is no enough Space For Last and Middle Name.

Can Guru's help me on how to fill this out???

Can you handwrite it? print out with what you can fill in for other boxes, and then handwrite this part for the boxes in which your name does not fit

Else another idea, but this one should be confirmed with lawyer if it's legal to do and how to do it, you can indicate something like see attached, and in separate attached paper write down more properly. I would personally go with handwriting in block letters. Unless even that don't work because the name is ridiculously long, in which case I dont see any option other than indicating somehow to see another added attachment. But again, this is a very serious paper, and I would do this separate paper thing only if a proper lawyer says so.

[Jonty Rhodes]

Nishant usually posts these but today I am posting this.

Found it on CM's US Non-Immigrant Blogspot

This is what CM had to say for the December Visa Bulletin and EB2IC movement.

EB2-India & China Movement

Dates for EB2-IC has crossed into cut-off date of March 2008. It is impressive to see that Mr. Oppenheim is taking different approach this year and we should applaud him for his efforts. Since Mr. Oppenheim is taking different course for FY 2012, we believe that we should also keep our dogmatic approach to number crunching away for sometime until it make sense to do so. We should try to speculate what can happen in next few bulletins and successive months from their until summer 2012. We may be 'out to lunch' with this approach but can very well veer back to number crunching if this does not make sense in next few bulletins.

We believe retrogression is imminent in summer 2012; only exception will be HR 3012 if it will become a law by that time. We know that current movement upto March 2008 from 15 April 2007(Sep VB date) would easily bring demand that could end up using around 28K-30K visas from 140,000 available EB category visas. These are definitely in par with what we would usually see year-to-year with EB2-IC spillover + 5600 annual limits.

Question is so what can we expect from Mr. Oppenheim hereon? Firstly, we can say he has no clue that what real demand is due to such movement and lets presume he might not get hold off this until next two months ( that too only if he decides to persuade USCIS to tell him the numbers based on receipts issued).In reality, he may have to wait for real count on demand until April-May 2012 when such cases will start to become documentarily qualified and USCIS will start requesting for visa numbers.

That said, Mr. Oppenheim may not still be done with intaking more applications for this fiscal year. First, based on past year trend on visa use, monthly demand and estimations, EB2-IC had always moved around 11 months each year. By moving dates upto March 2008, he had just covered those bases. But still he does not know what would happen with HR 3012, whether it will pass with effective date of 01 September 2011. We know from our estimation on this bill, that cut-off dates until PD June 2008 would easily be current if this bill is passed. With approximation on fall-outs due to unforeseen reason, we can expect PD July-August 2008 to be current. If Mr. Oppenheim will stop such movement from next visa bulletin, he may miss that window on keeping cases ready for adjudication in case HR 3012 will become a law as he mentioned in previous bulletin that it can take 4-6 months to get these cases adjudicated. As I mentioned ,this is a speculation and I may be out to lunch but we believe in coming bulletin(s), EB2-IC dates may move all the way from June 2008-August 2008. Once, DOS will have enough applications in hand, it will be pretty straight forward for DOS to retrogress EB2-IC or EB2-ROW in summer 2012, whatever is appropriate based on fate of the bill.

Now who can expect Green Card for FY 2012? and how will dates retrogress? One thing to keep in mind with USCIS is that they will approve cases randomly usually based on month of filings, regardless of Priority Date. Now since most of the July 2007 backlog is cleared, I believe in 4 to 6 months when such cases will start becoming documentarily qualified, we will start to see approvals. Usually in such case, application filed at NSC will have upper hand compared to TSC filings due to vast difference in processing times. Generally during these months of the year, TSC will only approve 6000-8000 cases and NSC will approve around 10,000 cases consistently. So please do not be surprised if NSC case that become current in December bulletin will see approval before November bulletin cases. This is very common with USCIS. Approvals will be random. File your cases as perfect as possible so that you do not receive RFEs. In general, FY 2012 for EB2-IC will be exceptional with respect to approvals, with dates all over from August 2007 PD to March 2008 PD getting randomly approved. Once DOS will feel that enough visa numbers are used for EB2-IC based on EB1 and EB2-ROW demand, at that time dates may retrogress upto PD 01 Sep 07- 01 Nov 07. This is when we will start to see some huge numbers in demand data and we can go back to our number crunching and predictions based on calculations. For some time we believe VB movement and approvals at USCIS will be random.


This is the link for entire article.

http://us-non-immigrants.blogspot.co...mber-2011.html

[gcq]

Hi Guys,

I am trying to fill the G-325A form but there is no enough Space For Last and Middle Name.

Can Guru's help me on how to fill this out???

Here is an indirect way:
Scan the form as an Image. Then using a free image editor like Gimp or photoshop, type in the text. You can adjust the font to make the words fit in the form. As it is typed in, reading it will never be an issue.

[nishant2200]

thank you Dr. Jonty.

I in fact am not too much opposed to what CM is thinking. It is a plausible theory what he is saying.

There is another bill introduced in senate similar to HR3012, the S.1857, which looks like they have done so as to hasten up the process, so that in parallel Senate can also start thinking about this law change. It seems like then if House passes, then HR 3012 and S.1857 would be need to mixed and tweaked and again agreed upon by both house and senate. I am not expert in this, but common sense says, something is afoot, at least there is a lot of trying going on. Lets hope for the best.

Nishant usually posts these but today I am posting this.

Found it on CM's US Non-Immigrant Blogspot

This is what CM had to say for the December Visa Bulletin and EB2IC movement.

EB2-India & China Movement

Dates for EB2-IC has crossed into cut-off date of March 2008. It is impressive to see that Mr. Oppenheim is taking different approach this year and we should applaud him for his efforts. Since Mr. Oppenheim is taking different course for FY 2012, we believe that we should also keep our dogmatic approach to number crunching away for sometime until it make sense to do so. We should try to speculate what can happen in next few bulletins and successive months from their until summer 2012. We may be 'out to lunch' with this approach but can very well veer back to number crunching if this does not make sense in next few bulletins.

We believe retrogression is imminent in summer 2012; only exception will be HR 3012 if it will become a law by that time. We know that current movement upto March 2008 from 15 April 2007(Sep VB date) would easily bring demand that could end up using around 28K-30K visas from 140,000 available EB category visas. These are definitely in par with what we would usually see year-to-year with EB2-IC spillover + 5600 annual limits.

Question is so what can we expect from Mr. Oppenheim hereon? Firstly, we can say he has no clue that what real demand is due to such movement and lets presume he might not get hold off this until next two months ( that too only if he decides to persuade USCIS to tell him the numbers based on receipts issued).In reality, he may have to wait for real count on demand until April-May 2012 when such cases will start to become documentarily qualified and USCIS will start requesting for visa numbers.

That said, Mr. Oppenheim may not still be done with intaking more applications for this fiscal year. First, based on past year trend on visa use, monthly demand and estimations, EB2-IC had always moved around 11 months each year. By moving dates upto March 2008, he had just covered those bases. But still he does not know what would happen with HR 3012, whether it will pass with effective date of 01 September 2011. We know from our estimation on this bill, that cut-off dates until PD June 2008 would easily be current if this bill is passed. With approximation on fall-outs due to unforeseen reason, we can expect PD July-August 2008 to be current. If Mr. Oppenheim will stop such movement from next visa bulletin, he may miss that window on keeping cases ready for adjudication in case HR 3012 will become a law as he mentioned in previous bulletin that it can take 4-6 months to get these cases adjudicated. As I mentioned ,this is a speculation and I may be out to lunch but we believe in coming bulletin(s), EB2-IC dates may move all the way from June 2008-August 2008. Once, DOS will have enough applications in hand, it will be pretty straight forward for DOS to retrogress EB2-IC or EB2-ROW in summer 2012, whatever is appropriate based on fate of the bill.

Now who can expect Green Card for FY 2012? and how will dates retrogress? One thing to keep in mind with USCIS is that they will approve cases randomly usually based on month of filings, regardless of Priority Date. Now since most of the July 2007 backlog is cleared, I believe in 4 to 6 months when such cases will start becoming documentarily qualified, we will start to see approvals. Usually in such case, application filed at NSC will have upper hand compared to TSC filings due to vast difference in processing times. Generally during these months of the year, TSC will only approve 6000-8000 cases and NSC will approve around 10,000 cases consistently. So please do not be surprised if NSC case that become current in December bulletin will see approval before November bulletin cases. This is very common with USCIS. Approvals will be random. File your cases as perfect as possible so that you do not receive RFEs. In general, FY 2012 for EB2-IC will be exceptional with respect to approvals, with dates all over from August 2007 PD to March 2008 PD getting randomly approved. Once DOS will feel that enough visa numbers are used for EB2-IC based on EB1 and EB2-ROW demand, at that time dates may retrogress upto PD 01 Sep 07- 01 Nov 07. This is when we will start to see some huge numbers in demand data and we can go back to our number crunching and predictions based on calculations. For some time we believe VB movement and approvals at USCIS will be random.


This is the link for entire article.

http://us-non-immigrants.blogspot.co...mber-2011.html

[suninphx]

Nishant usually posts these but today I am posting this.

Found it on CM's US Non-Immigrant Blogspot

This is what CM had to say for the December Visa Bulletin and EB2IC movement.

EB2-India & China Movement

Dates for EB2-IC has crossed into cut-off date of March 2008. It is impressive to see that Mr. Oppenheim is taking different approach this year and we should applaud him for his efforts. Since Mr. Oppenheim is taking different course for FY 2012, we believe that we should also keep our dogmatic approach to number crunching away for sometime until it make sense to do so. We should try to speculate what can happen in next few bulletins and successive months from their until summer 2012. We may be 'out to lunch' with this approach but can very well veer back to number crunching if this does not make sense in next few bulletins.

We believe retrogression is imminent in summer 2012; only exception will be HR 3012 if it will become a law by that time. We know that current movement upto March 2008 from 15 April 2007(Sep VB date) would easily bring demand that could end up using around 28K-30K visas from 140,000 available EB category visas. These are definitely in par with what we would usually see year-to-year with EB2-IC spillover + 5600 annual limits.

Question is so what can we expect from Mr. Oppenheim hereon? Firstly, we can say he has no clue that what real demand is due to such movement and lets presume he might not get hold off this until next two months ( that too only if he decides to persuade USCIS to tell him the numbers based on receipts issued).In reality, he may have to wait for real count on demand until April-May 2012 when such cases will start to become documentarily qualified and USCIS will start requesting for visa numbers.

That said, Mr. Oppenheim may not still be done with intaking more applications for this fiscal year. First, based on past year trend on visa use, monthly demand and estimations, EB2-IC had always moved around 11 months each year. By moving dates upto March 2008, he had just covered those bases. But still he does not know what would happen with HR 3012, whether it will pass with effective date of 01 September 2011. We know from our estimation on this bill, that cut-off dates until PD June 2008 would easily be current if this bill is passed. With approximation on fall-outs due to unforeseen reason, we can expect PD July-August 2008 to be current. If Mr. Oppenheim will stop such movement from next visa bulletin, he may miss that window on keeping cases ready for adjudication in case HR 3012 will become a law as he mentioned in previous bulletin that it can take 4-6 months to get these cases adjudicated. As I mentioned ,this is a speculation and I may be out to lunch but we believe in coming bulletin(s), EB2-IC dates may move all the way from June 2008-August 2008. Once, DOS will have enough applications in hand, it will be pretty straight forward for DOS to retrogress EB2-IC or EB2-ROW in summer 2012, whatever is appropriate based on fate of the bill.

Now who can expect Green Card for FY 2012? and how will dates retrogress? One thing to keep in mind with USCIS is that they will approve cases randomly usually based on month of filings, regardless of Priority Date. Now since most of the July 2007 backlog is cleared, I believe in 4 to 6 months when such cases will start becoming documentarily qualified, we will start to see approvals. Usually in such case, application filed at NSC will have upper hand compared to TSC filings due to vast difference in processing times. Generally during these months of the year, TSC will only approve 6000-8000 cases and NSC will approve around 10,000 cases consistently. So please do not be surprised if NSC case that become current in December bulletin will see approval before November bulletin cases. This is very common with USCIS. Approvals will be random. File your cases as perfect as possible so that you do not receive RFEs. In general, FY 2012 for EB2-IC will be exceptional with respect to approvals, with dates all over from August 2007 PD to March 2008 PD getting randomly approved. Once DOS will feel that enough visa numbers are used for EB2-IC based on EB1 and EB2-ROW demand, at that time dates may retrogress upto PD 01 Sep 07- 01 Nov 07. This is when we will start to see some huge numbers in demand data and we can go back to our number crunching and predictions based on calculations. For some time we believe VB movement and approvals at USCIS will be random.


This is the link for entire article.

http://us-non-immigrants.blogspot.co...mber-2011.html

Good article ..except retrogession part..which I dont agree with at this point in time

[gclimbo08]

Similar issue, but with my last address outside U.S. My lawyer had mentioned 'Please refer to addendum' in the G-325A form and attached an addendum with just this info.

Hi Guys,

I am trying to fill the G-325A form but there is no enough Space For Last and Middle Name.

Can Guru's help me on how to fill this out???

[suninphx]

thank you Dr. Jonty.

I in fact am not too much opposed to what CM is thinking. It is a plausible theory what he is saying.

There is another bill introduced in senate similar to HR3012, the S.1857, which looks like they have done so as to hasten up the process, so that in parallel Senate can also start thinking about this law change. It seems like then if House passes, then HR 3012 and S.1857 would be need to mixed and tweaked and again agreed upon by both house and senate. I am not expert in this, but common sense says, something is afoot, at least there is a lot of trying going on. Lets hope for the best.

Please check advocacy thread

[mygctracker]

Gurus,

I'm current from Dec 1st and currently in the process of filling Forms. I don't have copy of my approved I-140 (employer doesn't share). Now while filling I-485 et all forms, can the A# Box be left as BLANK? Any problems if left BLANK?

Thanks.

[veni001]

Gurus,

I'm current from Dec 1st and currently in the process of filling Forms. I don't have copy of my approved I-140 (employer doesn't share). Now while filling I-485 et all forms, can the A# Box be left as BLANK? Any problems if left BLANK?

Thanks.

Yes you could, as long as your employer include copy of approved i-140 in the packet before sending to USCIS.

[mygctracker]

Thanks Veni bhai...:-) It is my understanding that my employer would include copy of approved I-140 in the packet.

Yes you could, as long as your employer include copy of approved i-140 in the packet before sending to USCIS.

[RMS_V13]

Neither me.

I bet we will see the dates move to Sept 2008 for sure. This is not based on numbers, but purely based on past figures. May not get the GC, but will file for I 485.

Good article ..except retrogession part..which I dont agree with at this point in time

[mygctracker]

I-485 Filing Instruction PDF says:

"If Extra space is needed to complete any item, attach a continuation sheet,indicate the item number,and date and sign each sheet"

http://www.uscis.gov/files/form/i-485instr.pdf

Hi Guys,

I am trying to fill the G-325A form but there is no enough Space For Last and Middle Name.

Can Guru's help me on how to fill this out???

[vizcard]

Neither me.

I bet we will see the dates move to Sept 2008 for sure. This is not based on numbers, but purely based on past figures. May not get the GC, but will file for I 485.

Interesting comment. I'm curious as to how u differentiate between "numbers" and "past figures". I'd love for the dates to mov to sept but I don't see it happening.

[nishant2200]

Now that we are fine with 2.5k density as max, and 3k porting as max, and also the idea that CO wants 30k + buffer, we can redo the numbers done earlier.

Oct VB, 15th april to 15th july 2007 caused 5400 reduction in demand data, 2.5k still left as preadjudicated ready to go.

Nov VB, 15th july 2007 to Nov 1st : 8.5k incoming, includes 2.5k PWMB

I am adding 1000 more who were leftovers in late 2006 and early-mid 2007, who were not in demand data for Oct VB, due to various reasons like RFE or just slipped through the cracks, or did not show up in demand data, etc.

Also he started the year with around 8k ready to go, and he was comfortable consuming it with QSP. So let's assume he would be ready to have 5k buffer at least to begin the next FY 2013.

Total so far: 5400 + 2500 + 1000 + 8500= 17,400 let’s consider 17.5k

Going by past two years trend, CO would want 30k minimum, even not considering buffer. Lets consider 5k buffer as optional. This is now confirmed looking at aggressive movement.

To grab hence:
14.5k with 5k buffer considered and 3k porting

Considering 2.5k max density, he needs further movement of 5.8 months i.e. 6 months

Now this is until the November VB. In Nov VB he already moved 4.5 months. The demand data can be ignored, it's negligible. Hence, for 30k + 5k buffer, he needs to move 1.5 months more, that will take him to 1st May 2008.

If we consider the simplistic assumption of demand = number of PERMs, the postulate that was being talked about on forum some pages back, I added the number of PERMs for EB2-EB3 India China from August 2007 to June 2008, and the average was 2466. But this includes EB3 also. If we say 75% of it is EB2, then 1850 EB2 PERMs. Even if you add a random 200 NIW, its around 2k density. With this simplification, the density goes way lower, and hence you can imagine the dates would extend much further from 1st May 2008, going well into the period for which NVC fee notices were sent, which was June 2008 latest what we know of.

The real density may lie somewhere in between the assumption of demand equals number of PERMS and the 2.5k.

REPOST with correction.

ok, let's take analysis of Teddy on the numbers mixed with bit of mine, to do worst case analysis.

Oct VB, 15th april to 15th july 2007 caused 5400 reduction in demand data, 2.5k still left as preadjudicated ready to go.

Nov VB, 15th july 2007 to Nov 1st : 10k incoming, includes 2.5k PWMB

I am adding 1000 more who were leftovers in late 2006 and early-mid 2007, who were not in demand data for Oct VB, due to various reasons like RFE or just slipped through the cracks, etc.

Also he started the year with around 8k ready to go, and he was comfortable consuming it with QSP. So let's assume he would be ready to have 5k buffer at least to begin the next FY 2013.

Total so far: 5400 + 2500 + 1000 + 10000 = 18,900 let’s consider 19k

Going by past two years trend, CO would want 30k minimum, even not considering buffer. Lets consider 5k buffer as optional.

To grab hence:
1. 11k with no buffer considered and no porting
2. 8k with no buffer considered and 3k porting
3. 16k with 5k buffer considered and no porting
4. 13k with 5k buffer considered and 3k porting

Per the 485 inventories of past year, let's say CO has seen a 2.5k density each month for EB2IC. And since he is delaying the Dec VB release, say he looks at incoming data as well as the PWMB who filed in Nov VB, and extrapolates to a 3k density, which Teddy pointed out earlier might be possible.

Hence in above each scenario, he needs further movement of:
1. 3.5 month movement to 15th February 2008
2. 2.5 month movement to 15th January 2008
3. 5 months movement to 1st April 2008
4. 4 months movement to 1st March 2008

Please this is just some hypothetical worst case analysis, not arguing here about it should be 3k density, or 2.5 k or 2k density, or porting should be 2k or 4k and so on. It is just to drive home the point that movement is needed, only the length of the movement is to be thought about by CO. I thought a lot about posting this and was almost not posting, because I don’t want to be blamed for my PD is 11/8/2007 and am trying to prove that at least I will be current etc. Nothing is guaranteed, not even a week's move frankly speaking, until it actually happens, we cant read their minds. You can surely plug in your numbers and post what you think it can be.

I understand the concept of huge 140 backlog for EB1, EB2ROW, but CO has been comfortable to give approvals freely for Oct VB as well as Nov VB. So let's say they have used 6k + 2.5k = 8.5k visas already for EB2IC for FY 2012. So it does mean CO is banking on low demand from EB2 ROW and EB1 already. I don’t think based on pressure from USCIS that one day in this FY, they will resolve the huge backlog to some degree, hence don’t grab applications to build inventory that might be useful at end of FY in order to not waste visa numbers, CO will let this bulletin slip by.

[leo07]

Good article. Makes sense. Retrogression is imminent without HR.3012. It's more a matter of when than if.

[suninphx]

Good article. Makes sense. Retrogression is imminent without HR.3012. It's more a matter of when than if.

If dates move too much then sure retrogression will happen..... As you said it more of when and also 'till what point backwards'...... I don't agree with CM that dates will retrogress till Sep 07 -nov 07. That does seem to be case based on data we know today.

[Nishant_imt]

My greencard was filed in Richmond VA by my consulting firm. At that time, they had a branch office from which they filed the greencard. 2 years later, i moved to another state on a different project. My company lost its primary vendorship in Richmond and hence shut down its Branch office there. I talked with Lawyer today and she confirmed that the greencard processing has to be filed again. So here are my questions:

1) Can I recapture my PD? how long do i have, to recapture my PD if the processing starts again.
2) Do I need to be in Richmond again to capture my PD? I mean the job again has to be in Richmond whether or not with the same consulting firm?
3) If I change job and go to any other state, can i still capture my PD?
4) If the new organization i join, files my greencard only after a year (which most of the organizations do) would i still be able to recapture my PD?
5) i am already in my 7th year of H1B, the last time i got an extension of 1 year based on my labor (I-140 came 2 days after filing H1B), so now if i change companies, would they be able to get 3 years extension for my H1B based on I-140 that was for Richmond Job?

Thanks in advance for any of your replies. I am really in a depressed state at this time. I would appreciate any word of consolation.

[nishant2200]

If your I-140 is approved, the PD is yours to keep regardless of anything, except if your I-140 gets approval gets revoked due to fraud. Do request your employer to give you a copy of the I-140 approval notice, so that you can attach with new I-140 and lawyer writes a cover letter to port the PD.

H1 extension beyond 6 years is possible, if you have filed for Labor or I-140 in new job or new GC process, and it's pending since more than 365 days - this will get you a one year extension, and if you have a approved I-140 in new job, this will get you a 3 year extension. In the first case, when lawyer requests extension, the start date of the extension can only be after the 365 days get over from the pending PERM or I-140 whichever is in pending state, so there might be brief period of when you are not valid for H1, I am not sure what is to be done for this boundary condition, a lawyer may advise.

Looking at your PD of 4/2009, mostly if you start soon in new job or new GC process, you should be able to avoid being a PWMB.

This is my understanding, I am not lawyer, always good to confirm with legal advice!

My greencard was filed in Richmond VA by my consulting firm. At that time, they had a branch office from which they filed the greencard. 2 years later, i moved to another state on a different project. My company lost its primary vendorship in Richmond and hence shut down its Branch office there. I talked with Lawyer today and she confirmed that the greencard processing has to be filed again. So here are my questions:

1) Can I recapture my PD? how long do i have, to recapture my PD if the processing starts again.
2) Do I need to be in Richmond again to capture my PD? I mean the job again has to be in Richmond whether or not with the same consulting firm?
3) If I change job and go to any other state, can i still capture my PD?
4) If the new organization i join, files my greencard only after a year (which most of the organizations do) would i still be able to recapture my PD?
5) i am already in my 7th year of H1B, the last time i got an extension of 1 year based on my labor (I-140 came 2 days after filing H1B), so now if i change companies, would they be able to get 3 years extension for my H1B based on I-140 that was for Richmond Job?

Thanks in advance for any of your replies. I am really in a depressed state at this time. I would appreciate any word of consolation.

[pch053]

nishant,
Your earlier calculation looks pretty good to me. My gut feeling is that CO might be comfortable with a buffer higher than 5K; maybe in the range of 5K - 10K. This is just my hunch and there is no logic behind this. But, since ~8K EB2I/C visas have been approved in the first two months, a similar buffer might be reasonable for future. If the buffer is around 10K, there will be another 2 month's worth movement; so overall the movement might be anywhere between May'08 (5K buffer) to July'08 (10K buffer). I think we will still see some forward movement in the next couple of bulletins and retrogression will occur around March-April'12 or so when the dates might go back to Nov-Dec'07. Of course there will be forward movement again during the normal spillover season when the dates will progress gradually depending on demand/supply ratio.

Irrespective of what exactly pans out in future, so far, everything has been positive for EB2I/C guys this year. Very few people expected the dates to move forward in Sep and Oct bulletins and also the pre-adjudicated visas to be approved during that time. This was certainly a deviation from the earlier years. The PD movement for Dec bulletin has also exceeded the expectation of most of us. If the PDs move another few months to in and around the vicinity of mid-2008, the overall PD movement for the whole year will be certainly more than what we all had hoped for at the beginning.

[dce.deepak]

Hi Nishant,

I think i am in a similar situation. My company (desi consulting) was based in location X filed my labor and I-140 and then got bought by another consulting company from based in location Y. My original company still exists but operates from location Y now. I still work very close to the original location X but not exact address. Location Y is pretty far from original location X.

Do I also need to start the GC process again. What primary reason lawyer gave for restarting the process.
Did you ask what are the chances of approval if you just file with current situation.
I thought once your I-140 is approved these things don't matter much.

My greencard was filed in Richmond VA by my consulting firm. At that time, they had a branch office from which they filed the greencard. 2 years later, i moved to another state on a different project. My company lost its primary vendorship in Richmond and hence shut down its Branch office there. I talked with Lawyer today and she confirmed that the greencard processing has to be filed again. So here are my questions:

1) Can I recapture my PD? how long do i have, to recapture my PD if the processing starts again.
2) Do I need to be in Richmond again to capture my PD? I mean the job again has to be in Richmond whether or not with the same consulting firm?
3) If I change job and go to any other state, can i still capture my PD?
4) If the new organization i join, files my greencard only after a year (which most of the organizations do) would i still be able to recapture my PD?
5) i am already in my 7th year of H1B, the last time i got an extension of 1 year based on my labor (I-140 came 2 days after filing H1B), so now if i change companies, would they be able to get 3 years extension for my H1B based on I-140 that was for Richmond Job?

Thanks in advance for any of your replies. I am really in a depressed state at this time. I would appreciate any word of consolation.

[GhostWriter]

Nishant, I think the simple assumption for demand = number of PERMs is actually EB2-IC 485s = Total PERMs for IC (including EB2 and EB3).
So the different factors EB2/Total PERM, I-140 approval rate and dependent ratio combine to be equal to 1. So you can't reduce the total PERM by taking only EB2 as that is already factored into the simplification. 2.5K is probably the more realistic density. But agree with the rest of your analysis though.
The open question now is if the 80% conversion from PERM to I-140 is enough or should it be lesser due to demand destruction and multiple PERMs (as being explored by Kanmani).

If we consider the simplistic assumption of demand = number of PERMs, the postulate that was being talked about on forum some pages back, I added the number of PERMs for EB2-EB3 India China from August 2007 to June 2008, and the average was 2466. But this includes EB3 also. If we say 75% of it is EB2, then 1850 EB2 PERMs. Even if you add a random 200 NIW, its around 2k density. With this simplification, the density goes way lower, and hence you can imagine the dates would extend much further from 1st May 2008, going well into the period for which NVC fee notices were sent, which was June 2008 latest what we know of.

The real density may lie somewhere in between the assumption of demand equals number of PERMS and the 2.5k.

[veni001]

Hi Nishant,

I think i am in a similar situation. My company (desi consulting) was based in location X filed my labor and I-140 and then got bought by another consulting company from based in location Y. My original company still exists but operates from location Y now. I still work very close to the original location X but not exact address. Location Y is pretty far from original location X.

Do I also need to start the GC process again. What primary reason lawyer gave for restarting the process.
Did you ask what are the chances of approval if you just file with current situation.
I thought once your I-140 is approved these things don't matter much.

Deepak,
PERM is position and location specific. If the employer move employee from the initial location/job attested in PERM labor to a new location/job then employer need to start PERM process for the new location/position.

In case of H1B, employer need file LCA for each location, when employee is moved from the original job location attested in the initial filing.

Having said that, since GC is for future employment, if the employer is offering the PERM job position in the place where it was initially applied, upon receiving GC, then no need to start new PERM process. Usally this is confirmed by your employer in the employment offer letter submitted with your i485.

[veni001]

Nishant, I think the simple assumption for demand = number of PERMs is actually EB2-IC 485s = Total PERMs for IC (including EB2 and EB3).
So the different factors EB2/Total PERM, I-140 approval rate and dependent ratio combine to be equal to 1. So you can't reduce the total PERM by taking only EB2 as that is already factored into the simplification. 2.5K is probably the more realistic density. But agree with the rest of your analysis though.
The open question now is if the 80% conversion from PERM to I-140 is enough or should it be lesser due to demand destruction and multiple PERMs (as being explored by Kanmani).

GhostWriter,
Looks like you still remember the discussion we had on this in the old thread. We beat this to death in last year's thread.

Nishant,
Either take Total PERM approved = EB2IC-485 demand, if not use EB2IC% from PERM, i140 denial ratio and dependent factor to derive EB2IC demand

I don't count porting in this calculations since my assumption is Porting-in = Porting-out (when you look at PERM numbers)

With the above assumption and the fact that PERM process is time consuming and expensive, you can ignore impact of multiple PERM cases on 485 demand.

[qesehmk]

Nishant

Sorry to hear that. IMHO you are secure on all questions you have raised except the last one. So don't worry on all of the first four - you are fine.

The last one is going to unfortunately throw a wrench in your GC process. Your H1 when it expires - you must have an approved labor + filed 140. If H1 expires before that then you must leave the country for one year and then come back on another H1.

Your GC could still continue since GC is independent of H1. But finding an employer who would continue with GC process when you can't work for him in US for 1 year is a challenge

Hope this clarifies .... I know it doesn't help. Sorry. But please do your homework and check with others and esp lawyers.

My greencard was filed in Richmond VA by my consulting firm. At that time, they had a branch office from which they filed the greencard. 2 years later, i moved to another state on a different project. My company lost its primary vendorship in Richmond and hence shut down its Branch office there. I talked with Lawyer today and she confirmed that the greencard processing has to be filed again. So here are my questions:

1) Can I recapture my PD? how long do i have, to recapture my PD if the processing starts again.
2) Do I need to be in Richmond again to capture my PD? I mean the job again has to be in Richmond whether or not with the same consulting firm?
3) If I change job and go to any other state, can i still capture my PD?
4) If the new organization i join, files my greencard only after a year (which most of the organizations do) would i still be able to recapture my PD?
5) i am already in my 7th year of H1B, the last time i got an extension of 1 year based on my labor (I-140 came 2 days after filing H1B), so now if i change companies, would they be able to get 3 years extension for my H1B based on I-140 that was for Richmond Job?

Thanks in advance for any of your replies. I am really in a depressed state at this time. I would appreciate any word of consolation.