Originally Posted by vizcard
Thanks viz. But i don't understand why you say "random approvals"- once I-485 are current , USCIS do not and never have approved cases on a priority date basis once the cutoff date is determined. Or am I wrong in this statement.
Either ways - i feel option 1 a lot better considering the cons - i.e. approvals not based on priority date basis.I wish it happens next year as well.
Hi JackD1,
I will try to answer your questions but with a disclaimer - i do not have first hand knowledge and i am not a lawyer.
Hello everyone,
I recently came across this forum and i will have to say, it is one of the very informative, to the point and one of the most civil forums i have seen. Now i am kind of addicted to it and check it every day.
I wanted to present my situation and see if any the experts here can enlighten me --
My PD is 08/04/2008, EB2I, Applied 485 in 04/2012, Renewed EAD in 02/2013 and now EAD is valid till 02/2015. I have been working as a consultant since my first H1 and just switched my employer and recently joined another consultant. Now my H1 is renewed till 05/2016 and my lawyer filed AC21 last week.
The project i am working on right now is a full time/work from home. But in actuality there is not much work. I am in support job and if no projects are going on then i have max of 15-20 hours of actual work every week.
When you renewed your H1 with your new employer that means you are on H1-B status still.You need to be fully employed. As i see it , you may work 15 hours a week but you should get paid in correspondence to the LCA and H1B salary expectation
1) What are the chances of me getting my GC in FY2014 if not in 2013 ?
Better people to answer this question
2) Do you know if it would be ok to take on another job (if i find another work from home position ?)
Yes you can using your EAD take up another job
3) If answer to (2) is yes, then would it have to be a consulting position (so that i am with the same employer) ? or i can join another company as full time employee/or consultant using my EAD ?
If you use your EAD to leave the current employment and join another company then it has to be in the field. If you decide to take up additional job or start a business on the side , that doesn't need to be related to your current job description
3) I asked my employer about finding another project for me and whether it would be ok to work on 2 projects and he said that they will have to file another LCA for the new position and then i can on multiple positions. But i am trying to find out if i can join another company as full time employee on EAD as i am sick of paying 20% to my employer and want to join the vendor directly so i can get higher billing rate for myself.
Why you are still working on H1B, once you have your EAD/AP? Unless your spouse missed the boat and you need to file H4, it is better to start working on EAD/AP (my personal opinion), then you would not need any additional LCA /H1B amendments to take up additional projects
You can alway move to a different employer for the job under same job criteria under the AC21 rule. I do not think H1B application is needed at all(as you have mentioned your new employer applied H1B for you)
Thanks a lot and i really appreciate your help.
I have a quick question guys and my apologies in advance for going on a tangent. I think this thread has some of the most knowledgeable folks when it comes to immigration matters that is why I am posting here.
Here is a scenario:
If someone with 2008 April PD under EB3-I (needless to say has never file I-485) ports to EB2I and April 2008 PD is reflected on new I-140. When this person files for I-485 does he/she needs to provide any additional documents for change from EB3 to EB2. I am assuming interfiling is not going to be applicable here?
Thanks,
JackD1, to add to inspired_p's comments
Your chances of a GC in FY2014 are quite decent.
If you leave your current employment and decide to work on your EAD, do look into the minimum hours requirement. I think you still need to meet the 40 hr work week requirement, but I'm not sure.
NSC (originally TSC, transferred to NSC on 02/13/13) |-| PD - 04/25/08 |-| MD - 01/19/12 |-| RD - 01/27/12 |-| ND - 01/31/12 |-| Check Encashed - 02/02/12 |-| NRD - 02/04/12 |-| FPND - 02/09/12 |-| FPNRD - 02/17/12 |-| FP Early Walk-In - 02/24/12 |-| EAD/AP Approval & card production notice - 03/07/12 |-| EAD/AP RD - 03/12/12 |-| EAD/AP renewal RD - 12/11/12 |-| EAD/AP renewal approval - 01/22/13 |-| 485 Approval notice - 09/04/13 |-| GC RD - 09/11/13|
it is a new I-485 and one should provide all needed documentation. No additional documentation is required. Some attorneys prefer to keep a copy of the old I-140 also, though not mandatory. In your case PD retention process is complete.
Interfiling applies only in the case of an existing I-485 application and when one changes the base application that supports I-485.
Hi,
My brother had EB3 march 2006, He ported to EB2. He got 140 approved.He applied for 485 in 2007, Now as the dates are current in August, does he need to file 485 again?
His lawyer says that no need to file 485 or any thing. But, I would like to know whether he need to follow any procedure or wait just like that.
Thank you!
PD: 14 July 2008, RD:03 Jan 2012 ,ND:06 Jan 2012, FP Date:26 Jan 2012, EAD/AP Approval: 10 Feb 2012, EAD/AP Received: 17 Feb 2012,GC: RFE
Can one or more experts please help me understand this cumulative demand data? This is what I gathered from DOS Demand Data releases between October 2012 and July 2013 for EB2 India.
The cutoff date for EB2-India has been set at 09/01/2004 starting October 2012 thru July 2013, so no one should be able to file new I-485 applications in this category this entire time - so how did the cumulative demand increase by 2,250 for priority dates prior to Jan 1 2008 within this same time frame? Are these EB3-I porters with cutoff dates prior to August 2007 who already have I-485s on file and have somehow requested an 'upgrade' while their priority dates were still not current?
Appreciate some insight from the experts.
Spec
Some weeks ago, after mass RFEs were issued, you had put together a graph showing the RFEs by PD date. Could you please direct me to that data and also advise if you have an updated version? With a PD date of 24th March 08, I'm hanging my hat on that data.
Regards
Nat
Sirisha,
Your brother doesn't need to file a second I-485 . But, the existing I-485 must be linked to the newly approved EB2 I-140. Please check with the attorney if he has already taken care of that step. (otherwise known as interfiling)
Nat,
I think the latest version is Here.
I haven't revisited it since then.
Without an irritant, there can be no pearl.
In the AILA conference one of the presenter said august 2008 instead of " jan 2008 in august bulletin" ( which was immediately corrected by the other presenter ) and some attorneys probably didn't pay attention and got carried away by that.
Going beyond may 1st will be huge surprise. ( even though I hope it should )
Did any of the presenters provide a hint for the COD date?
They just said jan 2008 for august bulletin, not a word about September at AILA
I just noticed in Trackitt that the EB2 ROW approvals for July (primary applicant only) is 8 compared to 51 for April, 41 for May and 40 for June. Given that 17 days have elapsed in the month. Is this trend with an underlying theme?
Regards
Nat
Yes, the approvals numbers are low for EB2ROW and there are few more approvals in EB2 NIW. if the trend continues into second half of July, it may have a marginal impact in date movement. Trackitt do have enough pending cases to support more approvals. But overall EB2 ROW approvals started to slow down from June.
Thanks inspired_p and Pedro for you response. I guess i just got my H1 renewed for backup case (in case something goes wrong with my GC application). So i was trying to find out if 2 full time jobs can be done (1 on H1 and 1 on EAD, different employers), but i think that is not possible.
I am only talking about the jobs in my field so i am not worried about that. So, if i join another company as full time employee on EAD, i am guessing my H1 will be invalidated but i can still keep on working for current employer on EAD at the same time. Do we need to notify USCIS that we will not be working on H1 and switching to EAD ?
Thank you Kanmani!
PD: 14 July 2008, RD:03 Jan 2012 ,ND:06 Jan 2012, FP Date:26 Jan 2012, EAD/AP Approval: 10 Feb 2012, EAD/AP Received: 17 Feb 2012,GC: RFE
They might be busy pre-adjudicating 8k+ cases of eb2I
Moreover CO might want to " save enough numbers" to make sure all eb2I cases cleared until atleast feb 2008. JK..
CO doesn't make category current until absolute demand drops to low hundreds. Current Eb2I demand is around 43k. At the end of FY 2013, demand will be anywhere between 30k - 35k, not including porters. Even if you assume liberally that it will only take 2 FYs to satisfy current demand, it should be sometime in FY 2016 when any major forward movement is made.
PD: 08/25/2008 EB2I
Is everyone on this thread in a consensus that there will be movement in next bulletin or is it going to hold steady at Jan 2008.
That has been my doubt all along? how the demand number increased specially before 08 and also slight drop in post 2008
The consensus is that there will be some movement. There is a fairly wide range in terms of how much but its anywhere from 1 month to 6 months. My personal opinion is that we will end at March 1, 2008. That would clear another 3000 or so demand (almost certainly all will be original EB2 pre-adjudicated demand).
Also, IMO (and I know there are others who disagree), that dates will retrogress in the Oct VB itself probably to Jan 1 2006.
USCIS Service Center EB-485 Processing Volume Update at the End of May 2013
TSC NSC National
Pending 25,055 20,716
Preadjudicated 52,330 43,877 96,247
Customer Action Wait 2,419 15,593
Completed 7,704 12,504
New Receipt 8,263 9,713
USCIS Service Center I-140 Processing Volume Update at the End of May 2013
TSC NSC National
Pending 6,799 3,053 9,907
Customer Action Wait 1,453 3,120 4,573
Completed 3,548 3,637 7,186
New Receipt 3,365 2,191 5,556
From: oh law "www.immigration-law.com"
Does uscis approve cases on Saturdays and evening ?
previously I have seen email about change in the application coming in the evening and I have seen posts on trackitt about satuday approvals.
if they move in "high gear", my guess is most applications should be approved by mid-august ( pre-adjudicated ones )
You are correct indiani, I recollect people getting approved on Saturdays last year.
Well, its another 2 weeks from today and we will find out how things go this time!
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