I'm sure many of you would find this article EB-2 India and the Disappointment of the October 2014 Visa Bulletin: “What We’ve Got Here is a Failure to Communicate”* interesting.
I'm sure many of you would find this article EB-2 India and the Disappointment of the October 2014 Visa Bulletin: “What We’ve Got Here is a Failure to Communicate”* interesting.
Without an irritant, there can be no pearl.
Very interesting. It formalizes the speculation regarding Medical RFEs. BTW - the article mentions Sept as the RFE cutoff while RFEs were also issed to folks with Oct 2009 PD.
Originally Posted by Spectator
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Nice article wish it covered the shattered hopes of people like me who are yet to file 485. Another genuine try blowing horn to deaf ears.
One of the things that the Obama administration could have fixed without needing any help from Congress, but did not.
Please read http://www.cnn.com/2014/07/01/politi...ion/index.html
"Though some immigration advocates have argued spouses and children shouldn't count toward 140,000 limit on employment-based green cards, whether the President can make that kind of change unilaterally is murky territory."
Yup...recapture is murky too but probably less so.
I am talking about the article Spec shared. They said DOS and USCIS are not communicating properly. This is well within the president's powers to fix.
sports,
I totally agree with you.
If better communication meant CO had visibility of upcoming porting demand and approved I-140, he would generally only ever have to move the dates fairly incrementally. There would be no need to move dates drastically forward as he did in 2012. That movement allowed at least 50k people to file I-485 and avail themselves of EAD/AP and potentially I-140 portability at a later date.
There is no such thing as having your cake and eating it.
Similarly, if EO means dates become Current, people will be able to file their I-485, but USCIS processing times will likely stretch to years for a period of time. It's another example of Q's balloon - press it in one place and it pops out the other side.
Without an irritant, there can be no pearl.
Sports- great post ...and hope you get greened soon.
Sports,
Excellent post! My PD is in late April 2010 and I was one of the last beneficiaries of the 2012 dates progression. So, I can clearly relate to your post. Now I just need one more good year to cross the final hurdle. Will I be lucky the second time? Who knows....but if not due to another random progression or any other factors, I wouldn't complain a bit.
By the way, hope you get greened very soon!
Last edited by vedu; 09-17-2014 at 04:07 PM.
This is a classic process vs outcome discussion. A bad process can still result in good outcomes. But a good process is more likely to and consistently deliver a good outcome. as a management consultant, this is an interesting problem to solve.
To get around his potential communication issue and in lieu of wholesale procedural changes, my personal preference is to issue EAD cards with approved I-140s. That's the only way you get a semblance of relief to back logged countries. For most people an EAD works as well as a green card.
Thank you. I see your point. In general, for all the talk over 6 years, there has been very little positive contribution from the administration for legals, and that is what I am frustrated about. Not that any other administration would have been any better, but it sure teaches you a lot about politics in this country.
Premium processing for EAD/AP is one easy thing USCIS can add, like H-1B and I-140. There are many people who would be willing to pay the price for it as it helps spouses go to work/start businesses and in some cases, helps kids get in-state tuition rates.
Not sure if there any proposals being floated around for this.
Totally agree with you on this one. Meanwhile my husband was not the lucky one with pd of May 3 2010 so I would be greatly relieved if something like this happened on the other hand I was a beneficiary of the 2007 fiasco! Meanwhile truly appreciate the sheer knowledge of all the experts on this forum and how this forum is "no nonsense get to the point" rarely seen in other forums. While I wish I won't be stalking the forum for more than 2 years I have come to terms that it is what it is....This is a classic process vs outcome discussion. A bad process can still result in good outcomes. But a good process is more likely to and consistently deliver a good outcome. as a management consultant, this is an interesting problem to solve.
To get around his potential communication issue and in lieu of wholesale procedural changes, my personal preference is to issue EAD cards with approved I-140s. That's the only way you get a semblance of relief to back logged countries. For most people an EAD works as well as a green card.
sports,
You bring up a very good point about the basis to remain in the USA.
A pending I-485 gives the applicant a period of Authorized Stay, if not legal status. Currently, no such concept exists solely on the basis of having an approved I-140.
The EAD is exactly that - employment authorization. It confers no legal status or authorized stay.
At present, the person using the EAD would lose their H1B status and relying on an approved I-140 would have no legal basis to remain in the USA.
Thus to make such a change to EAD eligibility, this issue would need to be addressed. I'm not sure whether that can happen solely by regulation, or whether a change to the law would be required. Even the "Authorized Stay" for pending AOS is only by virtue of USCIS policy - it is not in any regulation or law. That is a very dangerous situation. USCIS do not have a good record of using the rule making process.
I can see some other problems as well, which I am not going to discuss.
Without an irritant, there can be no pearl.
Spec,
What about 485 rejection rates? I have heard from you that 485 rejection is an extremely rare event. How much is it percentage-wise? Also, what is the biggest reason for 485 rejection? One of my friends (ROW) went to paper-work hell because USCIS asked him to prove that he maintained status during his student days. He had taken some classes in community college and his school did not keep good records? Is being out of status for more than 180 days a good reason for 485 rejection? Is this data publicly available?
Iatiam
Also wanted to add that the term "unlikely" was used by my immigration attorney to describe 485 rejection chances.
Iatiam,
According to the data published by USCIS, the denial rate for Employment Based I-485 in Q1-Q3 FY2014 is 5.6%. It was 6.4% for FY2013. There is no data I know of that further subdivides the denial rate.
If a person has more than 180 days combined time Out Of Status/Unauthorized Employment since their last admission before the the I-485 was submitted, they would be statutorily ineligible to adjust status, since it would be more than that allowed by 245(k). Further time out of status cannot continue to accrue after the I-485 is accepted, but Unauthorized Employment can.
Last edited by Spectator; 09-18-2014 at 10:09 AM.
Without an irritant, there can be no pearl.
No offense intended and I am happy for guys like you and your families. Let me elaborate my earlier post, to cheer you up if you do not get your card this year. Also to tell every one not every one between those dates are lucky.Everyone from late 2008-May 2010 (myself included) were the "lucky ones" in that we all got our EADs quickly.
As spec said, we can't have our cake and eat it too. When my GC did not arrive by Sept 10th, I reached an extremely low point. It took me some time to put things back in context. Really speaking, things are not bad for us even if the GC is delayed. My EAD was good enough to port to a great job. My spouse could start working and really has taken off, which has helped us tremendously.
Things could have turned bad. Maybe if the date was moved only incrementally, we might have received out GC just now but we would never have had the EAD for the last 2.5+ years. That scenario is simply unacceptable because we would have lost the opportunities meanwhile. Once I let that sink in, I went peacefully about my business.
Thanks for everyone's wishes. I hope I have approval by October. Even if I don't, it means only one more EAD renewal and there will always be next year
P.S. Welcome back Spec!
I missed the boat in 2012 as I shifted my job in mid 2011 as the client insisted to join or leave. As the dates were well retrogressed, I joined the client with the agreement that they start my GC right away and port my PD Sep 2009. New employer started GC right away went with the top level Immg Lawyer Fr..Mn and they took their sweet time to file my case (9 months). And with this lack of communication between orgs moved the dates crazy with out proper foresight. My grievance is due to this people like me did not get a fair chance to file 485s at least.
To make things worst, the same year Dec 2011 my wife graduated and she got her OPT for 12 months being a prof masters, filed H1 in Apr 2012 and her LCA was stuck with many others due to some issue that year in DOL so the employer filed her H1 on the last day in person with out Labor in anticipation that Labor would be approved the same day (I do not commend the work though). Employer got the labor approval the same day and got the confirmation the next day. However, she got a RFE and subsequent denial in Nov 2012 saying LCA is not there in org H1 application, employer re-opened a case, with the approved Labor and the case was stuck in limbo. Now the 12 months flew by with the dates tide came and gone, we could not file 485 and her OPT ended she had to take up another prof course and pay what ever she was earning to the new university to do the same degree to keep her status intact. We applied H1 next year 2013 with PP and it got approved, in a week we got rejection of the original H1 filed in the earlier year 2012 saying the LCA got approved 2hrs after they filed H1 petition on the same day (are you nuts??). we did not loose our sanity and cursed no body except our fate.
This year we thought, the dates would move to Oct1 2009 at least based on the RFEs so that we can at least file our 485s. But again it has been a dream.
Now comes the best part, my employer is going to close the office where I am and is asking to move to a new location and is due in Q1 2015. Once it happens, they have to start my process all over again.
I expect the miscomm between orgs would continue and the dates would be moved crazy again one more time when they start my PERM again.
Future, I have kids in High School who are on H4 for whom I need to pay out of state fees once they get into college.
Note: Do not even ask why I shifted job in 2011, it was a take it or leave option which I left once and laid off in 2008 recession with the same client and the ex-employer at that time closed his shop before I get a PD of 2007. I kept long story short.
Also I am the only one who has right to curse my fatejk.
Last edited by EB2IndSep09; 09-18-2014 at 11:14 AM.
EB2Ind - that's heartbreaking. Especially with children's status weighing on your mind - I can only imagine what's going through your mind. But kudos to you for posting such a balanced post.
No offense intended and I am happy for guys like you and your families. Let me elaborate my earlier post, to cheer you up if you do not get your card this year. Also to tell every one not every one between those dates are lucky.
I missed the boat in 2012 as I shifted my job in mid 2011 as the client insisted to join or leave. As the dates were well retrogressed, I joined the client with the agreement that they start my GC right away and port my PD Sep 2009. New employer started GC right away went with the top level Immg Lawyer Fr..Mn and they took their sweet time to file my case (9 months). And with this lack of communication between orgs moved the dates crazy with out proper foresight. My grievance is due to this people like me did not get a fair chance to file 485s at least.
To make things worst, the same year Dec 2011 my wife graduated and she got her OPT for 12 months being a prof masters, filed H1 in Apr 2012 and her LCA was stuck with many others due to some issue that year in DOL so the employer filed her H1 on the last day in person with out Labor in anticipation that Labor would be approved the same day (I do not commend the work though). Employer got the labor approval the same day and got the confirmation the next day. However, she got a RFE and subsequent denial in Nov 2012 saying LCA is not there in org H1 application, employer re-opened a case, with the approved Labor and the case was stuck in limbo. Now the 12 months flew by with the dates tide came and gone, we could not file 485 and her OPT ended she had to take up another prof course and pay what ever she was earning to the new university to do the same degree to keep her status intact. We applied H1 next year 2013 with PP and it got approved, in a week we got rejection of the original H1 filed in the earlier year 2012 saying the LCA got approved 2hrs after they filed H1 petition on the same day (are you nuts??). we did not loose our sanity and cursed no body except our fate.
This year we thought, the dates would move to Oct1 2009 at least based on the RFEs so that we can at least file our 485s. But again it has been a dream.
Now comes the best part, my employer is going to close the office where I am and is asking to move to a new location and is due in Q1 2015. Once it happens, they have to start my process all over again.
I expect the miscomm between orgs would continue and the dates would be moved crazy again one more time when they start my PERM again.
Future, I have kids in High School who are on H4 for whom I need to pay out of state fees once they get into college.
Note: Do not even ask why I shifted job in 2011, it was a take it or leave option which I left once and laid off in 2008 recession with the same client and the ex-employer at that time closed his shop before I get a PD of 2007. I kept long story short.
Also I am the only one who has right to curse my fate
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Sports,
Imposing to tie to the same or similar job is where the Department of Labor's part hanging in a single string while applying AC21 portability. Without that one cannot argue that the 'job' described in the perm is bona fide.
While companies intend to sponsor the 'Alien' to get a PR, they in a way promise the DoL that the said job is equally open to local non-aliens, and the selected candidate is an expert in the said field with so and so years of experience performing the job. The company also intends to offer a permanent job to the beneficiary (how long is not the point here).
While the expert is looking to switch job using AC21, the same or similar option proves whether the employer and the beneficiary and the said job are genuine. That is the reason for allowing us to grow in the same field, i.e., to save the basis for the intent. Of course we are free to do what ever we want after GC.
There are other categories which do not require a job offer, I have no knowledge of how they are using AC21 portability.
Caution to all
So Murthy estimates the dates to go back to 2005
http://www.murthy.com/2014/09/18/ana...lletin-update/
EB2India,No offense intended and I am happy for guys like you and your families. Let me elaborate my earlier post, to cheer you up if you do not get your card this year. Also to tell every one not every one between those dates are lucky.
I missed the boat in 2012 as I shifted my job in mid 2011 as the client insisted to join or leave. As the dates were well retrogressed, I joined the client with the agreement that they start my GC right away and port my PD Sep 2009. New employer started GC right away went with the top level Immg Lawyer Fr..Mn and they took their sweet time to file my case (9 months). And with this lack of communication between orgs moved the dates crazy with out proper foresight. My grievance is due to this people like me did not get a fair chance to file 485s at least.
To make things worst, the same year Dec 2011 my wife graduated and she got her OPT for 12 months being a prof masters, filed H1 in Apr 2012 and her LCA was stuck with many others due to some issue that year in DOL so the employer filed her H1 on the last day in person with out Labor in anticipation that Labor would be approved the same day (I do not commend the work though). Employer got the labor approval the same day and got the confirmation the next day. However, she got a RFE and subsequent denial in Nov 2012 saying LCA is not there in org H1 application, employer re-opened a case, with the approved Labor and the case was stuck in limbo. Now the 12 months flew by with the dates tide came and gone, we could not file 485 and her OPT ended she had to take up another prof course and pay what ever she was earning to the new university to do the same degree to keep her status intact. We applied H1 next year 2013 with PP and it got approved, in a week we got rejection of the original H1 filed in the earlier year 2012 saying the LCA got approved 2hrs after they filed H1 petition on the same day (are you nuts??). we did not loose our sanity and cursed no body except our fate.
This year we thought, the dates would move to Oct1 2009 at least based on the RFEs so that we can at least file our 485s. But again it has been a dream.
Now comes the best part, my employer is going to close the office where I am and is asking to move to a new location and is due in Q1 2015. Once it happens, they have to start my process all over again.
I expect the miscomm between orgs would continue and the dates would be moved crazy again one more time when they start my PERM again.
Future, I have kids in High School who are on H4 for whom I need to pay out of state fees once they get into college.
Note: Do not even ask why I shifted job in 2011, it was a take it or leave option which I left once and laid off in 2008 recession with the same client and the ex-employer at that time closed his shop before I get a PD of 2007. I kept long story short.
Also I am the only one who has right to curse my fate
Despite these difficulties, I am so happy to see you keep a positive attitude. I was in a similar situation in 2011. Our company management made a massive re-organization and a lot of people hated what they got and that included me. I saw all my colleagues leave the company one after the other. Of course they were all citizens or GC holders. I was feeling desperate and even interviewed a few places. Most of them warned about 12-18 month wait and I decided to stay back. A few months later, dates progressed and I could file for I485.
People may disagree with me, but if you are in a decade long immigration journey, then you might be lucky one day and unlucky some other day. I missed the boat in Aug 2007, but it came back in 2012. If you are persistent enough, things will turn around.
Also we can always go to Q's blog and hang-out.
Iatiam
I could very much relate to you. Hope everything falls in place soon. I have a similar story except that I dont have kids in high school.No offense intended and I am happy for guys like you and your families. Let me elaborate my earlier post, to cheer you up if you do not get your card this year. Also to tell every one not every one between those dates are lucky.
I missed the boat in 2012 as I shifted my job in mid 2011 as the client insisted to join or leave. As the dates were well retrogressed, I joined the client with the agreement that they start my GC right away and port my PD Sep 2009. New employer started GC right away went with the top level Immg Lawyer Fr..Mn and they took their sweet time to file my case (9 months). And with this lack of communication between orgs moved the dates crazy with out proper foresight. My grievance is due to this people like me did not get a fair chance to file 485s at least.
To make things worst, the same year Dec 2011 my wife graduated and she got her OPT for 12 months being a prof masters, filed H1 in Apr 2012 and her LCA was stuck with many others due to some issue that year in DOL so the employer filed her H1 on the last day in person with out Labor in anticipation that Labor would be approved the same day (I do not commend the work though). Employer got the labor approval the same day and got the confirmation the next day. However, she got a RFE and subsequent denial in Nov 2012 saying LCA is not there in org H1 application, employer re-opened a case, with the approved Labor and the case was stuck in limbo. Now the 12 months flew by with the dates tide came and gone, we could not file 485 and her OPT ended she had to take up another prof course and pay what ever she was earning to the new university to do the same degree to keep her status intact. We applied H1 next year 2013 with PP and it got approved, in a week we got rejection of the original H1 filed in the earlier year 2012 saying the LCA got approved 2hrs after they filed H1 petition on the same day (are you nuts??). we did not loose our sanity and cursed no body except our fate.
This year we thought, the dates would move to Oct1 2009 at least based on the RFEs so that we can at least file our 485s. But again it has been a dream.
Now comes the best part, my employer is going to close the office where I am and is asking to move to a new location and is due in Q1 2015. Once it happens, they have to start my process all over again.
I expect the miscomm between orgs would continue and the dates would be moved crazy again one more time when they start my PERM again.
Future, I have kids in High School who are on H4 for whom I need to pay out of state fees once they get into college.
Note: Do not even ask why I shifted job in 2011, it was a take it or leave option which I left once and laid off in 2008 recession with the same client and the ex-employer at that time closed his shop before I get a PD of 2007. I kept long story short.
Also I am the only one who has right to curse my fate
My NIW got rejected once in 2007. Applied for regular EB2 with PD June 2009. Changed employer in Jan 2011 and the attorney did a mistake in the H1b that the job requires Bachelor where as my employer's requirements that I got from the recruiter had Masters. Due to the inconsistency, I changed jobs again in june 2011 and move half way across the country when my wife was almost due for labor. Missed boat in 2012. My original employer was willing to continue my application through CP. We tried but dates retrogressed.My wife's H1b is expiring next november. Here we are still waiting... I am hoping we would at least get EADs before my wife's h1b expiration. Let us see how that one goes.
Here is some effort made to see when will be the next inventory built up can happen for EB2-I from the inventory level perspective.
I've projected I-485 EB2 values for next 5 inventories how they look like based on my understanding of the datapointers which USCIS/DOS/DOL provided so far.
I see there will be a favorable numbers similar to 1-OCT-2011 inventory numbers right after the midnight 30-Sep-2015.
Now question is how will CO will react to building the inventory for EB2-I is a big question, the external factors will not be similar to what we had on 01-OCT-2011.
So he may do it in FY16Q1 or FY16Q4 but for sure it will happen sometime in FY16. When that happens I'm expecting he will take at the minimum 35k new applications so we can see at the least the dates will move to FY11Q3.
I'm sorry for FY12 & FY13 EB2-I guys whose GC dream has become a vision 2020 now.
For FY14 and new filers from India my only suggestion is to consider EB3-I instaed of EB2-I you may get atleast EAD before 2020 unless BO does something in EO.
Gurus,
feel free to comment on the graph, as I'm projecting this based on past statistics and current trends I'm at liberty to ignore some fundamentals.
we will track these projected values with the actual values when they get released and see where are we in next 12 months but I'm quiet confident this is what will happen by the end of FY15.
I tried uploading the image to the blog but I ran out of allocated space quota on this site.
Here is the link to the image :
I485-India_InventoryLevelProjectionsFor01-OCT-2015.PNG
Thank you Q, iatiam for empathizing and for your compliments. Didn't mean to use the forum to vent out my grievance but as well said by iatiam, this is a place where we see real people, real problems, efforts to help and above all people hang out and share good and bad news. That's what life is after all.
Here you go... gcpursuit is also there in the same boat. Glad I did not pose as if I am the only one in a mess up
I am close to a decade inline but do not know if by 2016 my new perm would be approved as my employer would not start the PERM till the time I am moved to new place in Q1 2015 and with all back lag we are experiencing.
Wish immigration System has been built on some basic ethics of penal system 'Let hundred guilty be acquitted but one innocent should not be punished'. I second to some one who said here earlier GC2All.
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