EB2-3 Predictions (Rather Calculations) - 2013

[camilosesto83]

Camilo - welcome to forum.
I-129 is an employer form. So the question is being asked to the new employer who hasn't yet filed immigrant petition for you. So the answer is "NO".
Not sure why you are filling out the form. just helping out the employer?

Thanks for your reply Sir. The lawyer apparently copied me on the forms that she sent to the employer and I was just going through it. But then if they say No to that questions, where else would they mention the fact that I have an approved I-140, so that I can get a 3 yr extension.

[gc0907]

I think you will have to attach I-140 approval notice.
Your company lawyer should know what to do in such cases.
You might want to check this discussion as well.

Thanks for your reply Sir. The lawyer apparently copied me on the forms that she sent to the employer and I was just going through it. But then if they say No to that questions, where else would they mention the fact that I have an approved I-140, so that I can get a 3 yr extension.

[yank]

Hi,

Sorry for posting this question in this forum!

I am in a process of filing EAD/AP renewal by myself and have few questions:

1. I live and work in Illinois so as per USCIS site I have dispatch documents to USCIS Phoenix Lockbox. Correct?

For U.S. Postal Service (USPS) deliveries:

USCIS
PO Box 21281
Phoenix, AZ 85036

For Express mail and courier deliveries:

USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

2. In the cover letter which USCIS address shall I mention? Phoenix lockbox or Nebraska service center

NEBRASKA SERVICE CENTER
U.S. CITIZENSHIP & IMMIG SERVICE
P.O. Box 82521
LINCOLN, NE 68501-2521

Please advise.

[camilosesto83]

GC0907 thanks for your reply.

I have one more question. My joining date with my new employer is November 7, 2012. November 6, 2012 will be my last day with my current employer. I have not used any of my vacation days this year and hence my current employer says he will pay me for full of november to balance that. Is that legal, should I accept that payment, will it violate my h1b since from Nov 7 to 30, I will get pay stubs from 2 different employers. Or is this overlap period typical in most cases.

Thanks

Camilo

[ramesh1201]

Ask you employer to pay it as a Bonus. Don't take it as Salary.

[vizcard]

Technically isn't that one of the reasons the dates moved all the way into 2010? - other than tardy receipts.

CO moved the dates aggressively because of low inventory.

[qesehmk]

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[sbhagwat2000]

Hello I am new to this forum and I can say that the info here is the best I have seen. I have a few questions . Can someone please take a crack at the following as I have to make some decisions as to what to do with my future in the USA

1. My PD is 2005 EB2I. Any hope it will be current in the next 2-3 months?

2. I was looking at the 485 inventory. How come there are applications even in years 1999 and 2000. What applications are those?

3. So I calculated the number of applications before Jan 1 2007 in the May inventory. That adds up to 1200 including all the applications - even those dated 1999. Now in the DD released with the bulletin the demand before Jan 1 2007 was 1350. How is that? I thought the demand data is a subset of the inventory? Does that mean the inventory is useless and things like interfiling which are used mostly in porting are not reflected in the inventory?

Just looking for clarity. Would really appreciate if someone can answer the above

Thanks!!!!

[cricfan]

My PD is Mar 2010 in EB2I. I think, it will take sometime for my PD to become current once again. So, I am thinking of switching based on my current EAD. My current labor has a degree requirement of M.S. Degree. Does my new job has to have a requirement of M.S. or will it be fine if the job requirement is B.S. + 5 yrs experience ? The job duties will remain same. Can someone please advise me ?

[nishant2200]

My PD is Mar 2010 in EB2I. I think, it will take sometime for my PD to become current once again. So, I am thinking of switching based on my current EAD. My current labor has a degree requirement of M.S. Degree. Does my new job has to have a requirement of M.S. or will it be fine if the job requirement is B.S. + 5 yrs experience ? The job duties will remain same. Can someone please advise me ?

EAD job change after 180 days pending 485 only cares for same or similar job, which looks like is your case.

Labor stuff u mention is no longer applicable in this kind of granularity.

[cricfan]

Thanks Nishant. Appreciate your response.

[username]

I got a good offer from XYZ company with same and similar job role and duties. But new company wanted me to join them on EAD (strictly no H1B transfer).

- Is it 100% safe to invoke AC21 after 180 days of I485 filing?

- There is any risk involve in use of AC21?

I am getting worried in switching status from H1B to EAD at this stage of GC processing. Need some guidance.

Thanks!!!

[vizcard]

I got a good offer from XYZ company with same and similar job role and duties. But new company wanted me to join them on EAD (strictly no H1B transfer).

- Is it 100% safe to invoke AC21 after 180 days of I485 filing?

- There is any risk involve in use of AC21?

I am getting worried in switching status from H1B to EAD at this stage of GC processing. Need some guidance.

Thanks!!!

It is 100% safe. The only long term risk (though minimal) is if you get your GC app rejected, there is no H1 safety net.

[username]

It is 100% safe. The only long term risk (though minimal) is if you get your GC app rejected, there is no H1 safety net.

But why (or in what circumstances) my GC app might get rejected?

[ton_vj]

Guru,
Please move this post, if you find this inappropriate to this discussion. I need a help! As this thread is very much live and many of us watch this every hour. I need your help and guidance as i am in deep agony.

6th year completed on July 3rd 2012. And company A revoked my H1 on June 20th. ( Labor Cleared at that time)
Joined with company B on June 1st, but company B applied H1 on June 24th(Receipt Date), went to RFE and subsequently H1 Denied on Oct 6th.
Went back to Company A in July ( I-140 Approved on Aug 17th -Notice Date, H1B filed on Sep 24th for consular processing, Now H1 went to RFE on Oct 8th)
Please see below the statement from USCIS and this is the only RFE i got.

RFE details:

Maintaining Status:

"Provide the Following evidence to establish that the beneficiary was in a Valid non-Immigration Status at the time the petition was filed:

The Petition was filed on Sep 24th, 2012. The record indicates that there is a pending petition for the beneficiary, WAC1218xxxxx. The Record also Indicates that the previous petition with the same petitioner, WAC1013xxxxx, was revoked on June 20th, 2012. therefore provide the evidence of the beneficiary's non-immigration Status from June 20th to Sep 24th, 2012 "

Now my question is i have spent 10 months between July 2009 till April 2010 on H4. And currently my I-140 is also approved, having said that what are my chances for H1 stamping through consular processing?

Does anybody had this Issue before, Please share your experience

[gc_soon]

Hello I am new to this forum and I can say that the info here is the best I have seen. I have a few questions . Can someone please take a crack at the following as I have to make some decisions as to what to do with my future in the USA

1. My PD is 2005 EB2I. Any hope it will be current in the next 2-3 months?

2. I was looking at the 485 inventory. How come there are applications even in years 1999 and 2000. What applications are those?

3. So I calculated the number of applications before Jan 1 2007 in the May inventory. That adds up to 1200 including all the applications - even those dated 1999. Now in the DD released with the bulletin the demand before Jan 1 2007 was 1350. How is that? I thought the demand data is a subset of the inventory? Does that mean the inventory is useless and things like interfiling which are used mostly in porting are not reflected in the inventory?

Just looking for clarity. Would really appreciate if someone can answer the above

Thanks!!!!

I believe the demand data also includes CP cases which the I485 inventory won't include.

[vizcard]

But why (or in what circumstances) my GC app might get rejected?

Never heard of a case where one was rejected. So can't answer that question. Like i said, the risk is minimal. I should probably have said infinitesimally small.

[GhostWriter]

You might find the report for 2011 at the below link useful.
http://www.travel.state.gov/pdf/FY11...Table%20XX.pdf

The column for "immigrants" corresponds to GC cases (includes all EB, FB and immediate relative applications for AOS and CP cases).
Of the 382K grounds of inelligibility
- 313K correspond to 221(g) usually issued for lack of documentation in CP cases
- 26K correspond to unlawful presence in US for more than 1 year
- 15K correspond to Labor certification (not sure but probably only applicable for CP cases)

But why (or in what circumstances) my GC app might get rejected?

[username]

You might find the report for 2011 at the below link useful.
http://www.travel.state.gov/pdf/FY11...Table%20XX.pdf

The column for "immigrants" corresponds to GC cases (includes all EB, FB and immediate relative applications for AOS and CP cases).
Of the 382K grounds of inelligibility
- 313K correspond to 221(g) usually issued for lack of documentation in CP cases
- 26K correspond to unlawful presence in US for more than 1 year
- 15K correspond to Labor certification (not sure but probably only applicable for CP cases)

Thanks for the info.

I don't fall in any of above categories. So in other words I am safe to invoke AC21 and move to new employer using EAD?

[nishant2200]

Never heard of a case where one was rejected. So can't answer that question. Like i said, the risk is minimal. I should probably have said infinitesimally small.

Agreed. Also if GC rejected, IMO your H1 is doomed too, unlawful stay, illegal fraud etc.

Just make sure your new job is same or similar, I think vertical progression is ok. For eg, software engineer to senior engineer or team lead or software manager, but not qa analyst or project manager etc

[nishant2200]

I got a good offer from XYZ company with same and similar job role and duties. But new company wanted me to join them on EAD (strictly no H1B transfer).

- Is it 100% safe to invoke AC21 after 180 days of I485 filing?

- There is any risk involve in use of AC21?

I am getting worried in switching status from H1B to EAD at this stage of GC processing. Need some guidance.

Thanks!!!

If you are getting boost in career, ie great job profile or > 20% raise, go for it. No risk IMO. Btw you should be in this FY eith 12/2007 PD, 90% chance.

[username]

If you are getting boost in career, ie great job profile or > 20% raise, go for it. No risk IMO. Btw you should be in this FY eith 12/2007 PD, 90% chance.

Thank you guys!!!!

[asankaran]

Latest demand data is out
http://www.travel.state.gov/pdf/Empl...utOffDates.pdf

[june2010]

Why is the EB2I demand higher (37200) from the previous month (34000). I doubt this is attributed to porting since the rise is numbers is in year '07,'08 and '09.

[vishnu]

thats just more I-485 applications being preadjudicated. think we are close to the top...unlikely that there are many more 485s that are yet to be pre-adjudicated