EB2 Predictions (Rather Calculations) - 2012

[RRRRRR]

Thanks Kanmani,

My question is more towards the Legal status/Unauthorized employment for ~6 month period(July 2008 to January 2009), when i left company A-> Joined company B with transfer receipt notice->Joined company C with another transfer receipt notice-> Went back to Company A-> and got H1Extension approved.

Hi Happyimmmigrant,

How long you were working with Company B and C after the rejection and what was the gap once you switched from Company B to C and then to Company A. If you were working with B & C after the denials then that might be unauthorized employment.

My understanding is you can work on the receipts and that's what the Law although you cannot work once you are denied. I have never worked on the receipts so i am not sure if my understanding is correct. Although i will recommend that you get all the receipts/rejections from Company B & C as it will help you in terms of providing explanations.

I am sure you will be speaking to a lawyer. Wish you all the best and let us know how it goes. Thanks

[Kanmani]

Source : Murthy Law firm

Chat User : Murthy Madam, I started working for the new employer with the H1B transfer receipt number. What are my options if this transfer is denied?

Attorney Murthy : One who starts work based on filing a new H1B petition, per USCIS / INS policy memos and letter opinions, is allowed to return to work for the earlier employer on the prior H1B petition approval if the earlier employer has not revoked that earlier H1B petition and that earlier employer is still willing to offer the person the earlier job. The other alternative when one has failed to maintain status in the U.S. is for the person to file another H1B with a third employer, but then the individual has to travel abroad and reenter on H1B status with the latest H1B approval notice if the earlier visa stamp has not expired in the PP. In the alternative, one must apply for a new visa stamp from abroad and show the latest H1B approval notice at the port of entry to obtain a new I-94 card showing H1B status with the correct expiration date.
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245(K) has the following provision:-
The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s last lawful admission.
Have you ever depart USA and entered on valid visa stamp between January 2009 to till date ? If not please try to do so to reset your clock , needless to say pls consult an attorney before filing I-485

Thanks Kanmani,

My question is more towards the Legal status/Unauthorized employment for ~6 month period(July 2008 to January 2009), when i left company A-> Joined company B with transfer receipt notice->Joined company C with another transfer receipt notice-> Went back to Company A-> and got H1Extension approved.

[happyimmigrant]

Kanmani,
I have never exited and reentered USA between January 2009 & till date.

By the way from the quote from Murthy's Chat, let me know what i understand is correct.

if my H1 transfer is denied to Company B & C even though i worked for them untill the denial(I never worked post denial) and if Company A did not revoke my H1, I am not out of status/ unauthorized employment(because i ended up going back to company A)?

[happyimmigrant]

RRRRRR:
I did not work for company C after denial(worked only through October 2008 to december 30 2008)
for company B i do not know when the automatic denial is triggred because of not answering RFE, but i did work till early september2008.

[Kanmani]

Happyimmigrant

My understanding is same as yours .
Eventhen if there is any RFE, experienced attorneys could reply with quoting all clause and subdivisions of immigration laws .
Choose a best immigration attorney for filing I-485 . All the best.

[iatiam]

Happy, please consult an attorney ASAP. None of us are lawyers and your case seems complicated.

[kd2008]

Spec, Q, Veni, Teddy et al, Would it be possible to look at the PERM databases for cases filed from Aug. 2007 onwards and check off large companies that are no more like Bear Sterns, Lehman etc., eliminate those applications and see if we can construct a demand destruction pattern? of course doing it for IT consulting companies will be difficult. But lets see if we can even see a pattern to begin with.

[eb2visa]

Gurus,

I am new to this forum. Is there any chance to get eb2 Aug-31-2009 in next 2 months. I have to take some job decisions based on this.

Thank you in advance...

[Kanmani]

kd
below is the total approved perms / IC total
LEHMAN BROTHERS INC
2007- 75( IC -26 )
2008- 18( IC -9 )
2009 - 40( IC -30 )

BEAR STEARNS & CO INC

2007 - 20( IC -10 )
2008 - 4 ( IC -4 )
2009 - 5 ( IC -3 )

[kd2008]

kd
below is the total approved perms / IC total
LEHMAN BROTHERS INC
2007- 75( IC -26 )
2008- 18( IC -9 )
2009 - 40( IC -30 )

BEAR STEARNS & CO INC

2007 - 20( IC -10 )
2008 - 4 ( IC -4 )
2009 - 5 ( IC -3 )

Thanks, Kanmani!

So it seems that PERMs were filed by companies in relatively good standing and those from financially weak were few. Seems logical considering how expensive PERM process is. Sigh! How to understand this demand destruction process?

May be each of us can ask our attorneys about the volume of applications they see for 2008 cases. Do they see all their clients filing I-485? If demand is "low," can they put a percentage to it? Crowd-sourcing is the only way I see forward. It can never be definitive or accurate - qualitative at best. But lets try that.

[venkat]

Sorry for posting this here but I don't see a relevant thread. As part of 485 filing, do i need to complete one G-1145 for 485, EAD and AP all together
OR
i need to complete separate G-1145 for each one of them.

[RRRRRR]

RRRRRR:
I did not work for company C after denial(worked only through October 2008 to december 30 2008)
for company B i do not know when the automatic denial is triggred because of not answering RFE, but i did work till early september2008.

I think you are ok with company C but in case of Company B since a RFE came you might have to look into the fact that if RFE needs to be responded within certain number of days before the case is considered abandoned. You may want to contact a good attorney and let us know how your case progresses

Good Luck

[self.coach]

Gurus,

I am new to this forum. Is there any chance to get eb2 Aug-31-2009 in next 2 months. I have to take some job decisions based on this.

Thank you in advance...

I am Aug 2009 as well and I am hopeful we will be current, but have 'prepared' myself if they move the dates only till April. Frankly it all depends on how aggressive CO wants to be to estimate the demand......but the movement could be anywhere between Jan 31 2009 to Jan 2010.

[iatiam]

Kd, those were the big firms that we know of. There were several other which went under. Also those firms which took TARP money could not hire people on a visa. This might also have an effect in future PERM FILINGS.

[RRRRRR]

Sorry for posting this here but I don't see a relevant thread. As part of 485 filing, do i need to complete one G-1145 for 485, EAD and AP all together
OR
i need to complete separate G-1145 for each one of them.

Below extract is from the USCIS Website and to me it looks like you only need one 1145.

Special Instructions :

If you are submitting multiple immigration forms for one applicant, clip a completed form G-1145 to the front of the first immigration form of the package. You will receive a separate e-mail and/or text message for each accepted immigration form.

For representatives who file multiple unrelated immigration forms in one envelope, and who want their clients to receive e-Notification, clip a completed form G-1145 for each applicant to the front of their immigration forms package. One e-mail and/or text message will be sent per accepted immigration form, to the person seeking the benefit(s) (representatives are not copied).

[nishant2200]

Nishant,

I noticed one EB2I case approval updated on trackitt with RD 10/14/2011.

Nishant, Veni & All following are the current approvals of Oct Filers on Trackitt, finally new 485 approvals have started.
Starchaser, Abracadabra - NSC PWMB
Superman123 (Spouse only) - TSC
I believe that the approvals especially for Oct filers should pick up next month once fresh numbers for the next quarter are being allocated and current time being holiday season a lot of people maybe on vacation (Its noteworthy that EAD / AP approvals are coming fast). There have been atleast 10K approvals for the Jul 2007 / Pre Oct 01 filers this year. On Trackitt there are a good number of PWMB cases from Aug that have seen approvals. The Oct filers count should be between 2.5 – 3K hopefully most of them will get approved next month; even RD / ND will be significant besides PD.

Veni, Teddy, this was very important to know. This shows there is "intent" to approve these cases, not just hold them in pre-adjudicated phase. As far as status inquiries, congress inquiries etc goes, such early inquiries can be easily brushed off by saying processing times, or extended review, etc.

I believe QSP is in full flow, and this looks like CO's strategy moving forward. He seems to want to be one step ahead of the curve. In a classical Queueing data structure mechanism, he is enqueing enough inventory, and at the same dequeing using QSP. The Queue however can only be of a certain size at one time, if it starts getting too big, time to stop. This certain size, we don't know what is in CO's mind, what he is comfortable with.

When the pace of dequeing slows down due to either:
a. Increase in current demand of EB1, EB2 ROW, hence less QSP.
b. Increase in EB2IC demand being enqueued (for eg: due to very aggressive movements like the 9.5 month movement, or higher than expected density in certain date periods).
c. 140 backlog reduction spikes
At that time, EB2IC shall start creeping up in DD, and retrogression may occur.

I feel that current strategy by CO is the best that can be for EB2IC. Also note that I do not believe he uses EB4 or EB5 for any QSP, and the last Q4 of the FY, may lead to a further bonus numbers for us from any SO from these guys.

[zenmaster]

As seen on: http://us-non-immigrants.blogspot.co...edictions.html

CM_USNonImmigrants
Fellows update from attorney friend:

"They expect visa bulletin to see some neat movement for EB2-IC in February. I do not understand his definition of "neat" but it can be anywhere from 4-5 month assuming that new definition for "significant" would be 9.5 months. His firm will be filing lot of applications in January (number he thought was around 450-600). He said that attorneys are working hard this winter break, but due to holidays and vacation they do not expect to file many cases in first week of January. His presumption is that it will be similar at other firms and hence January filings will have not any binding on movement for February visa bulletin. He still believe retrogression will happen not before April-May bulletin.

EB3 category they expect at least two weeks movement."

CM - As usual word of advice; take it with grain of salt.

Thanks nishantbhai !
I need further 6 months movement to get covered....
This is gonna be touch and go...
cow u cow u... holy cow u...
why this kolaveri di....

[imdeng]

Another anecdotal example - I know of a couple people in a top US based business consulting company who internally transferred to UK since the company refused to carry ANY GC applications any further in 2009 - even those with approved PERM. They just washed their hands off the entire GC process through one umbrella memo that essentially said that the company will not sponsor any more GCs. They continue to hire H1Bs out of Business Schools but don't sponsor GCs for them.

Kd, those were the big firms that we know of. There were several other which went under. Also those firms which took TARP money could not hire people on a visa. This might also have an effect in future PERM FILINGS.

[imdeng]

I wonder whether it is the same CO who is handling the current PD movement - his recent behavior is completely at odds with his long history of ultra-conservative decision making. It all adds up to good news for EB2IC though - so not complaining at all.

Veni, Teddy, this was very important to know. This shows there is "intent" to approve these cases, not just hold them in pre-adjudicated phase.

[Spectator]

Hello All,

Is there a separate thread where the approvals/Receipts are being tracked?? If yes, could someone point me there.
If not, does any one know what was the case with last known PD that received their Green Card. I am just trying to figure out, if at all retrogression happens (hopefully not), where the dates would be moved to.

Am I assuming wrong when I say if a GC was approved for a PD in Aug 2007, dates will not retrogress beyond Aug 2007 (for eg to Jun 2007).
Please someone clarify.
Thanks.

Hi All,

Can anyone tell me what was the latest PD for which a GC was approved. Just trying to figure out if at all any Retrogression happens, what could be the possible date as my PD is in Sept 2007.

Thanks.

krishnav,

The general level of approvals from Trackitt are being tracked in this thread.

Generally, the latest EB2-I Primary approval on Trackitt has a PD of July 31, 2007.

There is one outlier that shows a PD of December 7, 2007 but it is not a "clean" case. Until we see many more approvals with later dates, I don't put much store by that date.

When retrogression happens, it should not retrogress to a date earlier than those cases that were receiving approvals, unless there is a big backlog of earlier cases.

I don't think we are at that stage for a PD of September 2007 yet. Having said that, I think sufficient visas will probably be available in Q2 so that September 2007 would be safe from retrogression, when it is applied.

[Gclongwait]

Hey,

Anybody here who only got I485 notices, no EAD/AP or got them later? Did they come on the same day for everybody.

[krishnav]

Thank you very much Spec. As always..very clear and helpful.

krishnav,

The general level of approvals from Trackitt are being tracked in this thread.

Generally, the latest EB2-I Primary approval on Trackitt has a PD of July 31, 2007.

There is one outlier that shows a PD of December 7, 2007 but it is not a "clean" case. Until we see many more approvals with later dates, I don't put much store by that date.

When retrogression happens, it should not retrogress to a date earlier than those cases that were receiving approvals, unless there is a big backlog of earlier cases.

I don't think we are at that stage for a PD of September 2007 yet. Having said that, I think sufficient visas will probably be available in Q2 so that September 2007 would be safe from retrogression, when it is applied.

[RRRRRR]

Hey,

Anybody here who only got I485 notices, no EAD/AP or got them later? Did they come on the same day for everybody.

Hi GCLongwait,

Post 485 thread has answer to your query and it has more information which will help you. Thanks

[pdmay2008]

Quick question. I have mailed my 485 packet today 12/30/2011 to USCIS in USPS express mail. I have checked no delivery on week end or holiday, so that it does not get delivered tomorrow 12/31. Also I have written clearly on the packet no week end delivery.

I want it to delivered on 1/3/2012 which is Tuesday as USCIS has holiday on 1/2/2012.

Hope it gets delivered on 1/3/2012. Any one has any experience on Saturday delivery. if we mention it not to deliver some times USPS makes an attempt to delivery. I am worried about that.

[vizcard]

Quick question. I have mailed my 485 packet today 12/30/2011 to USCIS in USPS express mail. I have checked no delivery on week end or holiday, so that it does not get delivered tomorrow 12/31. Also I have written clearly on the packet no week end delivery.

I want it to delivered on 1/3/2012 which is Tuesday as USCIS has holiday on 1/2/2012.

Hope it gets delivered on 1/3/2012. Any one has any experience on Saturday delivery. if we mention it not to deliver some times USPS makes an attempt to delivery. I am worried about that.

It shouldn't be a problem. Although you could have just put it in the mail on Monday 1/2/12 to avoid this situation .. another day wouldn't make a difference.