EB2 Predictions (Rather Calculations) - 2012

[shekhar_kuruk]

Filing I-485 for Spouse:
I am getting ready to file I-485 for my wife, I am preparing all the required forms. I talked to my lawyer and she told to attach a copy of my I-485 receipt, which I am doing. Do I need to attach a copy of my I-140 approval ? Also do I need to file form I-134? Any help is appreciated. Thanks.

[veni001]

Hi, I received 485 card-prod-order email.

PD: 12/16/08
RD: 01/05/12
ND: 01/09/12
FP: 02/07/12
EAD:03/01/12

485 CPO :03/22/12

No H1 transfers, I'm working with the same consulting company who filed for my H1.

Thanks a lot to "our forum", the most friendliest and cleanest.
Thanks to Q, Nishant,T,S,Kanmani,Sun,mesan,Imdeng and so many who're helping everyone on each single day.

codesmith,

Congratulations to you and your Family!

[veni001]

Filing I-485 for Spouse:
I am getting ready to file I-485 for my wife, I am preparing all the required forms. I talked to my lawyer and she told to attach a copy of my I-485 receipt, which I am doing. Do I need to attach a copy of my I-140 approval ? Also do I need to file form I-134? Any help is appreciated. Thanks.

shekhar_kuruk,

Yes, include a copy of I-140 approval & EVL submitted with your AOS application.

Also you need I-134 for derivative AOS application.

[shekhar_kuruk]

Thanks Veni. Also reading through the instructions, I need to send it to the Chicago Lockbox address, is that right?

[veni001]

Again I found this on Ron Gotcher's site. http://www.immigration-information.c...9958#post69958

Thanks Spec,

Looks like the Dave for May is already set to 15AUG2007.

[gc2008]

Gurus,
As retrogression is imminent now. Can we expect some movement (from August 2007) from 2012 October onwards or do they hold movement until last quarter of fiscal year 2013 as they used to do prior to this fiscal year?
Also what is pre adjudication. Is it that all checks are done including immigration officer review and just waiting for Visa number. Or do we still get an RFE when our dates get current?

Also is there any way to know if pre adjudication is done?

[Spectator]

Thanks Veni. Also reading through the instructions, I need to send it to the Chicago Lockbox address, is that right?

Not unless you are filing under a Family Based Preference.

For Employment Based, it is either Dallas or Phoenix Lockbox, depending where you live.

The I-485 instructions are here http://www.uscis.gov/files/form/i-485instr.pdf

Take some time to read them carefully. I agree it could be clearer, as it doesn't specifically mention derivatives of EB cases applying at a later date.

[Jonty Rhodes]

Sorry to post something off-topic in this forum. Those who have already obtained Green Cards or are US Citizens may be interested in this new service. Not sure, if people on H1Bs or EAD/AP can qualify for this or not.

http://www.globalentry.gov/index.html

http://www.globalentry.gov/eligibility.html

Please remove the post if not useful.

[vizcard]

Sorry to post something off-topic in this forum. Those who have already obtained Green Cards or are US Citizens may be interested in this new service. Not sure, if people on H1Bs or EAD/AP can qualify for this or not.

http://www.globalentry.gov/index.html

http://www.globalentry.gov/eligibility.html

Please remove the post if not useful.

You have to be a PR or Citizen. Its really worth it if you travel a lot. But otherwise the Citizen / GC lines are shorter anyway.

[shekhar_kuruk]

Not unless you are filing under a Family Based Preference.

For Employment Based, it is either Dallas or Phoenix Lockbox, depending where you live.

The I-485 instructions are here http://www.uscis.gov/files/form/i-485instr.pdf

Take some time to read them carefully. I agree it could be clearer, as it doesn't specifically mention derivatives of EB cases applying at a later date.
Last edited by Spectator; Today at 02:57 PM.

Thanks Spec, I live in Colorado, I will mail it to the Pheonix lock box, the instructions were not very clear, just wanted to be sure.

[vizcard]

Gurus,
As retrogression is imminent now. Can we expect some movement (from August 2007) from 2012 October onwards or do they hold movement until last quarter of fiscal year 2013 as they used to do prior to this fiscal year?
Also what is pre adjudication. Is it that all checks are done including immigration officer review and just waiting for Visa number. Or do we still get an RFE when our dates get current?

Also is there any way to know if pre adjudication is done?

I think there will be movement in the first quarter. Beyond that it's a matter of if CO wants to use QSP or not. My gut feeling is that he will use QSP but be stingy about it.

Pre-adjudication is basically making a decision on your case and not assigning a visa number (because they are not available). If RFEs have to happen, they can happen any time because USCIS will need a "complete packet" before pre-adjudicating. I think the online status will show under "Decision". The CPO stuff happens in "Post-Decision Activity" stage.

[Nishant_imt]

Gurus - I am in a very restricting situation and don't know if asking this question is really optimistic of me. My Pd is 2/13, and I was planning to recapture my previous Pd until the news of retrogression arrived. Now, let's say, I get my Perm approved in 75 days (which I know is wishful thinking looking at the current trends). That puts me around 26th April timeline. I will have only 2 working days left to file concurrent 140 and485. But the perm won't arrive in next 7days. Is it possible to file both without hard copy of perm immediately and then as soon as perm arrives, I can send perm in a separate package? Has anyone done that before?

[qesehmk]

Don't stress out on the second PERM. Ask your company to file 140 and 485 based on first PERM which I assume is still valid.

Move to the second location only on a temporary basis. Then only filing the first PERM based GC willl make sense.

Talk to the lawyer ASAP about this option.

Gurus - I am in a very restricting situation and don't know if asking this question is really optimistic of me. My Pd is 2/13, and I was planning to recapture my previous Pd until the news of retrogression arrived. Now, let's say, I get my Perm approved in 75 days (which I know is wishful thinking looking at the current trends). That puts me around 26th April timeline. I will have only 2 working days left to file concurrent 140 and485. But the perm won't arrive in next 7days. Is it possible to file both without hard copy of perm immediately and then as soon as perm arrives, I can send perm in a separate package? Has anyone done that before?

[Kanmani]

Gurus,
As retrogression is imminent now. Can we expect some movement (from August 2007) from 2012 October onwards or do they hold movement until last quarter of fiscal year 2013 as they used to do prior to this fiscal year?
Also what is pre adjudication. Is it that all checks are done including immigration officer review and just waiting for Visa number. Or do we still get an RFE when our dates get current?Also is there any way to know if pre adjudication is done?

Yes . If the 2007 scenario is repeated (slow movement of PDs after retrogression) , we may get an RFE during the visa number allocation stage too . Some of the 2007 filers got RFE for EVL/reason for address change( reason for living in a completely different state from where the job belongs to )/ AC21 new job proof.

[Nishant_imt]

Thanks for your reply Q. But situation I am in, I can't leave my current position. My company is a primary vendor here. They are making 50dollars an hour on me. If I move to previous location, they will not be making $20. Besides, my employer treats me like a king. They paid me on bench, instructed the lawyer to expedite the second filing, paid for my H1b extn premium processing. I am even on their website for last 2 months as employee of the month. They even agreed to client's request for a contract-to-hire for me. They are no more primary vendors to the client in previous location. And I just hated to work there. I told the manager there that I would rather go back to India then to come work for capital one. Personally, going back isnt an option. So I have to bite the bullet and be amongst PWMB. It's very frustrating.

[qesehmk]

Ok. I misunderstood. I thought that the location belongs to your employer rather than client location.

For Feb 2009 you will have to wait probably another year max for date to become current again. The dates will retro but they will jump back to Q2 2008 come Oct 2012 and then once again resume forward.

Thanks for your reply Q. But situation I am in, I can't leave my current position. My company is a primary vendor here. They are making 50dollars an hour on me. If I move to previous location, they will not be making $20. Besides, my employer treats me like a king. They paid me on bench, instructed the lawyer to expedite the second filing, paid for my H1b extn premium processing. I am even on their website for last 2 months as employee of the month. They even agreed to client's request for a contract-to-hire for me. They are no more primary vendors to the client in previous location. And I just hated to work there. I told the manager there that I would rather go back to India then to come work for capital one. Personally, going back isnt an option. So I have to bite the bullet and be amongst PWMB. It's very frustrating.

[Nishant_imt]

That is refreshing to hear. Thanks again. But can't you put your two cents on original question if I can file I 140 without hard copy of perm immediately and send it a week later?

[qesehmk]

I think it's possible. They will issue an RFE right? Saying that PERM is missing. But you will have made the date. My 2 cents with an uneducated guess - my friend!! Good luck!

That is refreshing to hear. Thanks again. But can't you put your two cents on original question if I can file I 140 without hard copy of perm immediately and send it a week later?

[Nishant_imt]

Alright I will pray for max 75day approval from now on. I guess your uneducated guess is far more valuable to me then my educated facts about gc process.

[Silverlining027]

Gurus,
Thank you very much for providing great info.
I am very confused right now. I wanted to change my employer in December. but then EB2 PD moved to May 2010. my PD is EB2 I 7/6/2010. so I decided to stay with current employer for few more months, with hope that I might get current soon. but with this EB2I retro news has confused me again. My situations is: I have good job options with further growth and I m not very much happy with my current employer. Gurus need yr input on following questions:
Do you guys think my date will become current within year or it might take longer based on all calculations? because I can some how continue with my current employer If I have hope to become current within year otherwise I want to change my job. Gurus please give yr thoughts. I am really stressed and confused.
Thank you,
AD.

[Spectator]

Gurus,
Thank you very much for providing great info.
I am very confused right now. I wanted to change my employer in December. but then EB2 PD moved to May 2010. my PD is EB2 I 7/6/2010. so I decided to stay with current employer for few more months, with hope that I might get current soon. but with this EB2I retro news has confused me again. My situations is: I have good job options with further growth and I m not very much happy with my current employer. Gurus need yr input on following questions:
Do you guys think my date will become current within year or it might take longer based on all calculations? because I can some how continue with my current employer If I have hope to become current within year otherwise I want to change my job. Gurus please give yr thoughts. I am really stressed and confused.
Thank you,
AD.

Silverlining027,

Don't rely on my advice, but I think it will be over 2 years before the Cut Off Dates reach into 2010 again because there will be a new backlog of pre-adjudicated cases to work through from this movement.

[imdeng]

Q has consistently maintained and I agree that it is a fool's errand to plan your life around GC. My advise would be to take the best job prospect you have open (as long as they will also continue to support you for GC) - it is unlikely that your PD will now be reached this FY. By the time your PD becomes current again, you will be ready to move into it in your new job.

Gurus,
Thank you very much for providing great info.
I am very confused right now. I wanted to change my employer in December. but then EB2 PD moved to May 2010. my PD is EB2 I 7/6/2010. so I decided to stay with current employer for few more months, with hope that I might get current soon. but with this EB2I retro news has confused me again. My situations is: I have good job options with further growth and I m not very much happy with my current employer. Gurus need yr input on following questions:
Do you guys think my date will become current within year or it might take longer based on all calculations? because I can some how continue with my current employer If I have hope to become current within year otherwise I want to change my job. Gurus please give yr thoughts. I am really stressed and confused.
Thank you,
AD.

[Spectator]

Gurus - I am in a very restricting situation and don't know if asking this question is really optimistic of me. My Pd is 2/13, and I was planning to recapture my previous Pd until the news of retrogression arrived. Now, let's say, I get my Perm approved in 75 days (which I know is wishful thinking looking at the current trends). That puts me around 26th April timeline. I will have only 2 working days left to file concurrent 140 and485. But the perm won't arrive in next 7days. Is it possible to file both without hard copy of perm immediately and then as soon as perm arrives, I can send perm in a separate package? Has anyone done that before?

Nishant_imt,

People who never receive their hard copy PERM approval do apply, asking USCIS to obtain a copy from DOL. It probably does delay the process, but that probably won't be a concern, given the time for the dates to become Current again.

The other option which occurs to me is that even if you apply on the basis of your original PERM/I-140, you will have become AC21 portable by the time your I-485 is adjudicated. Working at the original location wouldn't be necessary. I don't know the legality of that approach and your Employer would have to play ball.

Best to discuss it with your attorney. I totally understand your wish not to miss the boat.

Good luck.

PS I think from anecdotal evidence, many people did exactly what you are thinking of doing in August 2007, before the last filing date on August 17, 2007.

[gc2008]

I lost my hope now. I am jan filer with pd in December 2008.
Do I have any chance in 2013? If so when can it be? The reason why I am asking is my H1B due again in 2013 and I want to stay on H1B and don't want to switch to EAD.

I hope not to go thru this H1B extension nightmare process again.
Almost every year I have been under going this process with lot of mental stress. I had hope of getting my gc in near future, but I lost that hope now.

[suninphx]

Gurus,
Thank you very much for providing great info.
I am very confused right now. I wanted to change my employer in December. but then EB2 PD moved to May 2010. my PD is EB2 I 7/6/2010. so I decided to stay with current employer for few more months, with hope that I might get current soon. but with this EB2I retro news has confused me again. My situations is: I have good job options with further growth and I m not very much happy with my current employer. Gurus need yr input on following questions:
Do you guys think my date will become current within year or it might take longer based on all calculations? because I can some how continue with my current employer If I have hope to become current within year otherwise I want to change my job. Gurus please give yr thoughts. I am really stressed and confused.
Thank you,
AD.

I am no Guru but here are my 2 cents:
If new employer is ready to start your GC process soon after you you join them there is high chance that you will complete till I140 stage with your new process before your PD becomes current. So check that out.