EB2-3 Predictions (Rather Calculations) - 2014

[seattlet]

Guru's I have a question reg one of my friend's current situation

He was on H1 B with a consulting firm, filed 485 in 2007 and then resigned and left for india in 2008. He had ead / ap but had not renewed it before he left. His green card got approved in 2011 but he was outside the country. He is now trying to get back to US through some IT employers.

I have couple of questions

a) Since the 485 application was approved but he did not use the green card, will he be able use the old I40(which was used to file 485) to port the priority date to new Labor, use it for H1 B extension past 6 years ?

b) He was told my an attorney that if he comes back to US thru H1 or L1 (dual intent visas) at port of entry they might decide to either cancel his green card (asking him to renounce it on the spot) and give him H1 b status or just give him h1 status without bothering about his green card
if they dont bother, he can just change the address of the green card after clearing POE and he should be all set with his green card.

The attorney also mentioned that if he ever comes back to the country on B1 or F1 visas he will definitely be asked to forego the green card at POE.


any thoughts please

[vizcard]

a) Since the 485 application was approved but he did not use the green card, will he be able use the old I40(which was used to file 485) to port the priority date to new Labor, use it for H1 B extension past 6 years ?

He should be eligible for a brand new H1B since he has been out of the country for 1 year.

b) He was told my an attorney that if he comes back to US thru H1 or L1 (dual intent visas) at port of entry they might decide to either cancel his green card (asking him to renounce it on the spot) and give him H1 b status or just give him h1 status without bothering about his green card
if they dont bother, he can just change the address of the green card after clearing POE and he should be all set with his green card.

The attorney also mentioned that if he ever comes back to the country on B1 or F1 visas he will definitely be asked to forego the green card at POE.



any thoughts please

I'm pretty sure his GC will be cancelled regardless of what status he comes in with. He has not met any residency requirements and probably does not have a re-entry permit to support his absence. See http://www.uscis.gov/green-card/afte...nent-residence

As for retaining his PD, I believe he should be able to assuming he has all the prior documentation.

[seattlet]

Viz,
thanks for the response. Reg eligible for brand new H1 will he be counted under yearly quota ?

He should be eligible for a brand new H1B since he has been out of the country for 1 year.



I'm pretty sure his GC will be cancelled regardless of what status he comes in with. He has not met any residency requirements and probably does not have a re-entry permit to support his absence. See http://www.uscis.gov/green-card/afte...nent-residence

As for retaining his PD, I believe he should be able to assuming he has all the prior documentation.

[vizcard]

Viz,
thanks for the response. Reg eligible for brand new H1 will he be counted under yearly quota ?

Yes...since it won't be an extension.

[QuestforGC]

Hello to all experts and users of this forum,
I have been following this forum for a while and with total confidence i can say this is the best immigration forum i have come across in 5 years. Thanks to the moderators and contributors, such a wonderful forum.

I have a situation and would like to get a expert suggestion from experts like Q, Kanmani, Sportsfan, Nishant, vizcard.
Mods, please move this to appropriate thread if doesn't belong here.

Me and my wife are on H1B since 2006 and we have filed her PERM (EB3) in 2007 with company A. Perm was approved and then we have filed I-140 (PD of 2007). During the I-140 process the ICE officers came to our house and asked some questions about the employer and paystubs etc. Then they told us they are investigating some fraud charges filed on the company. We got scared and afraid about the company future and moved to company B while I-140 is in the process. As of now the I-140 application status shows Initial Review and we heard that company is no more operating.

She applied for PERM & I-140 from Company B in 2010 and both are approved and now she has PD of Dec-2010. She did not mention the previous PERM/I-140 info in the later application.
So, my question to all the experts is, can she use the 2007(EB3) PD by porting even though her I-140 is still in "Initial Review" status and not rejected yet.
Please let me know if I'm not making sense here.

I would really really appreciate the experts input.

[surya1975]

Seattlet,

After reading your post, I have second thoughts too. But I have seen a real time experience with one of our friend who had perm denied and spent almost 2 years outside usa to get into new cap .

Let me see what Viz, Q and other gurus have in their mind. I'll try to resolve this tomorrow.

I am sure it is just one year because one of my cousin came back after 1 year wait in India.

[Jagan01]

Hello to all experts and users of this forum,
I have been following this forum for a while and with total confidence i can say this is the best immigration forum i have come across in 5 years. Thanks to the moderators and contributors, such a wonderful forum.

I have a situation and would like to get a expert suggestion from experts like Q, Kanmani, Sportsfan, Nishant, vizcard.
Mods, please move this to appropriate thread if doesn't belong here.

Me and my wife are on H1B since 2006 and we have filed her PERM (EB3) in 2007 with company A. Perm was approved and then we have filed I-140 (PD of 2007). During the I-140 process the ICE officers came to our house and asked some questions about the employer and paystubs etc. Then they told us they are investigating some fraud charges filed on the company. We got scared and afraid about the company future and moved to company B while I-140 is in the process. As of now the I-140 application status shows Initial Review and we heard that company is no more operating.

She applied for PERM & I-140 from Company B in 2010 and both are approved and now she has PD of Dec-2010. She did not mention the previous PERM/I-140 info in the later application.
So, my question to all the experts is, can she use the 2007(EB3) PD by porting even though her I-140 is still in "Initial Review" status and not rejected yet.

I would really really appreciate the experts input.

When an employee ports the PD from old approved I-140 then you need to send a copy of the earlier approved I-140. If you do not have the copy of earlier approved I-140 then you need to provide the receipt number. According to my understanding, PD can only be proted from earlier approved I-140.

[QuestforGC]

Thanks for the clarification and quick reply "sportsfan33" and "Jagan01" , you guys are awesome.

[surya1975]

Hi all gurus,

Please see below link. The ymentioned EB2 ROW demand is too low like 300 per month. Is that true???

EB2 ROW: This category continues to remain current. Demand in EB2ROW continues to be very low at an average of around 300 per month. This is good news for EB2 India and China, as they could get a higher spillover in FY 2014.


http://blog.mygcvisa.com/2014/02/mar...-analysis.html

[qesehmk]

surya whoever wrote that probably wrote it in a hurry and didn't mean it. EB2ROW annual demand has always been between 16K-32K. at 300 per month that's 3600 per year which sounds right for EB2C but not for EB2ROW.

Hi all gurus,

Please see below link. The ymentioned EB2 ROW demand is too low like 300 per month. Is that true???

EB2 ROW: This category continues to remain current. Demand in EB2ROW continues to be very low at an average of around 300 per month. This is good news for EB2 India and China, as they could get a higher spillover in FY 2014.


http://blog.mygcvisa.com/2014/02/mar...-analysis.html

[nishant2200]

Just a quick hello to all my old friends. I can see lots of bright people have taken up leadership of this forum over past few months. Some old timers still around! Life is definitely more peaceful. I recently got a new addition to family.... no, it's not what you thought, its a dog..

I am thinking of moving to Texas or something like that in next year, bit tired of living in small house in California.

By no means intended to hijack any topic on this thread, but felt compelled to just say hello to this forum, which I held so dear to my heart, and I still do.

[surya1975]

surya whoever wrote that probably wrote it in a hurry and didn't mean it. EB2ROW annual demand has always been between 16K-32K. at 300 per month that's 3600 per year which sounds right for EB2C but not for EB2ROW.

Thanks for clarification Q.

[vizcard]

Just a quick hello to all my old friends. I can see lots of bright people have taken up leadership of this forum over past few months. Some old timers still around! Life is definitely more peaceful. I recently got a new addition to family.... no, it's not what you thought, its a dog..

I am thinking of moving to Texas or something like that in next year, bit tired of living in small house in California.

By no means intended to hijack any topic on this thread, but felt compelled to just say hello to this forum, which I held so dear to my heart, and I still do.

welcome back. long time no see. you are complaining about a small house in california. my wife is tired of a small condo in new york. its all relative buddy. of course in texas, you could buy a small town with what you'll get for your house in cali.

[PD2008AUG25]

http://www.uscis.gov/sites/default/f...y-2014-Jan.pdf

[vyruss]

Can someone explain briefly the difference between inventory data and the demand data? Which data more accurately depicts the number of people ahead of you. Thanks.

[qesehmk]

Can someone explain briefly the difference between inventory data and the demand data? Which data more accurately depicts the number of people ahead of you. Thanks.

inventory data is better but still not complete since there are PERM and 140 folks who don't figure in inventory data either. demand data doesn't include cases that are not quite ready for a visa.

[fedupwithgc]

http://www.uscis.gov/sites/default/f...y-2014-Jan.pdf

My PD is 07/07/2008 and it looks like there are less than 4K people ahead of me in EB2I.

Even if EB1 and FB has a spillover of at least 5K, I'm hoping to get in this FY.

What do you guys think ? Please advise...

[redwood]

http://www.uscis.gov/sites/default/f...y-2014-Jan.pdf

The most surprising part is EB3ROW. With such a low inventory, EB3ROW might become current this year and provide good spillover to EB3I.

[gc4a_k]

any chance of eb2I getting a spillover of >16K this year.

[TeddyKoochu]

The most surprising part is EB3ROW. With such a low inventory, EB3ROW might become current this year and provide good spillover to EB3I.

That’s a great point EB3 ROW inventory is definitely very low. Probably at some point they should make it current to create inventory. EB3 India should move nicely with spillover if not this year then surely next year. This would reduce porting to EB2.

[YTeleven]

any chance of eb2I getting a spillover of >16K this year.

It is possible based on prior years stats.
Please see the attachment: http://www.qesehmk.org/forums/attach...9&d=1389825372

[satwgl]

My PD is 09-OCT-2008. Is there a possibility of my PD becoming current? Thanks in advance and appreciate your responses.

[rka_72]

Inventory data released

http://www.uscis.gov/sites/default/f...y-2014-Jan.pdf

[justvisiting]

Inventory data released

http://www.uscis.gov/sites/default/f...y-2014-Jan.pdf

Well this certainly explains the forward movement on EB-3. But we have been burned by this data before. It takes USCIS a while to compile trustworthy numbers.

[redwood]

That’s a great point EB3 ROW inventory is definitely very low. Probably at some point they should make it current to create inventory. EB3 India should move nicely with spillover if not this year then surely next year. This would reduce porting to EB2.

Haven't done any in-depth analysis. But humor me here, can the fate of EB2China befall on EB2India ?

If everything remains same and this EB3ROW inventory data is true and is a good indicator of future years.

From next year -
EB3I could receive 25-30K in spillovers every year and post 2007 the demand is 10-15K per year
EB2I could receive 10-15K in spillovers every year and post 2010 the demand is 25-30K per year