EB2-3 Predictions (Rather Calculations) - 2014

[zenmaster]

Awesome...
Need to hibernate back until Q4 2015 now

[vizcard]

Now it is evident that the dates would retrogress. Any calculated guess from gurus when they would move forward again?

July or Aug 2015

[vizcard]

Hi Spec, Q,Kanmani, Viz & others
I need your valuable advice from you guys on the following issue, Posting it here as it most active thread, Moderator's Please feel free to the appropriate thread

I need this information for my friend who had to abandon her GC due to some unavoidable circumstances,
Her GC will expire in 3/15 and last port of entry year is 2008, now her Indian company wants her to go to US for 2 weeks to care of some office work, they are asking her to surrender her GC so that they can apply for B1 visa. she is not willing to surrender her GC,
Is she eligible for re-entry permit and will it get approved ?
Her company is saying that the re-entry permit will be denied for sure and cost associated for re-entry permit is HIGH.
Is there a way she is reinstate her Green Card with out applying for B1 visa?

I really appreciate your help and thank you very much for your advise in advance.

A re-entry permit would not be applicable in this case as you need to apply for that BEFORE the trip. I'm not sure if there's any option other than giving up the GC and going on a B1. In any case, why is she holding on to the GC for 6 months when she hasn't been to the US in 6 years?

Also, there is no way to "reinstate" a GC without going through the whole process again as the basis for the green card is no longer valid.

[moon80]

Good chance that it will move in Dec 2014/Jan 2015

[Kanmani]

Hi Spec, Q,Kanmani, Viz & others
I need your valuable advice from you guys on the following issue, Posting it here as it most active thread, Moderator's Please feel free to the appropriate thread

I need this information for my friend who had to abandon her GC due to some unavoidable circumstances,
Her GC will expire in 3/15 and last port of entry year is 2008, now her Indian company wants her to go to US for 2 weeks to care of some office work, they are asking her to surrender her GC so that they can apply for B1 visa. she is not willing to surrender her GC,
Is she eligible for re-entry permit and will it get approved ?
Her company is saying that the re-entry permit will be denied for sure and cost associated for re-entry permit is HIGH.
Is there a way she is reinstate her Green Card with out applying for B1 visa?

I really appreciate your help and thank you very much for your advise in advance.

Newhope,

She is not eligible for re-entry permit, as it must be obtained before leaving the US (just like AP). There is an option to reinstate the abandoned GC using Returning Resident Visa.

The USCIS link is here ... http://travel.state.gov/content/visa...residents.html

I don't think your friend will be qualified for that, because when you try to re-instate the GC, you must have ties to this country to continue as a PR.

In my opinion, giving life to the abandoned GC solely for the purpose of 2 weeks visit is impossible.

[Kanmani]

You can not stay on EAD forever - whenever you become current, your case will be approved or denied - there is no third option. With the decision the role of EAD is over. However, are you sure that your job change will not meet AC21 requirements? They are pretty broad and I have not come across any case of 485 being rejected because of AC21 requirements not being met.

imdeng,

There are numerous denial cases on account of AC21 requirements. Trust my word, simply because it takes hours for me to show you the evidence

I can compare those denials to that of fishing the speeding car on a free-way. You may not know who will be pulled aside.

Just like Zen, I would also prefer to go on hibernation!

[vizcard]

Good chance that it will move in Dec 2014/Jan 2015

if you are referring to the EB2I priority date, then I'm afraid there is NO chance of it moving in Dec 2014/Jan 2015. The caveat would be if Obama does something (recapture or elimination of dependents from cap).

[vik123]

Gurus,

Just wondering, Can they use 2014 year Spillover after Sep 2014? If not, Will they use FY 2015 visa quota in October 2014 approval?

[vckomara]

You have 2 options -
1) try to see if you can word the new job description to be similar to the old job to qualify for AC21. As imdeng mentioned there's quite a wide latitude for what qualifies. Unless u are doing something drastic like nuclear scientist to programmer you should be able to get away with it. If you feel comfortable, list out the high level job descriptions on this forum and perhaps members could opine.

2) restart your GC process and port your old pd. You should get perm approval in 9-12 months and can concurrently file 140/485. I would only recommend this if you really want the other job and are willing to potentially wait another year to get approved.

Unfortunately, that is my case. I am in a scientist role with programming constituting 20% of my job. I have to move to full time programming job. Dont know how big a deal that would be under AC 21. Thanks for all who responded though.

[iatiam]

So I guess that's all for this year then. The wait continues for the next year. I wasn't expecting a miracle, so whatever has happened has happened for good.

[vckomara]

Unfortunately, that is my case. I am in a scientist role with programming constituting 20% of my job. I have to move to full time programming job. Dont know how big a deal that would be under AC 21. Thanks for all who responded though.

Also here are some high level job functions used for EB-2 application which I overlooked in your response and it doesnt look as bad as I thought but still not a programming job.

1. Research and Develop Novel methods for **** (science related)
2. Independently demonstrate and develop new techniques
3. Implement application software using C#/C++

[imdeng]

Kanmani - I absolutely trust your word :-)

imdeng,

There are numerous denial cases on account of AC21 requirements. Trust my word, simply because it takes hours for me to show you the evidence

I can compare those denials to that of fishing the speeding car on a free-way. You may not know who will be pulled aside.

Just like Zen, I would also prefer to go on hibernation!

[vizcard]

Gurus,

Just wondering, Can they use 2014 year Spillover after Sep 2014? If not, Will they use FY 2015 visa quota in October 2014 approval?

The answers to your questions - No and Yes

[vik123]

The answers to your questions - No and Yes

Thanks vizcard.

[kumar777]

Hi Gurus,

Before we go on hibernation till Q4' 15, could some body tell me how many pending applications ( rough estimate ) are existing between may'09 till end of 09?
Thanks Gurus..

[bikenlalan]

There are about 8500 pending applications between May-Dec 09 as per the July inventory + expect approx 1500 pending until May 2009 which will not be cleared this FY, + (1000-1500) straight EB2 and porters who will file until the dates stay put until the next bulletin. So total of 11000 until Dec 09.

Gurus please correct me if I am wrong.

[imdeng]

That is reasonable ball park. Number for porters may be a little higher and inventory overhang may be a touch more. ~13K feels about right.

There are about 8500 pending applications between May-Dec 09 as per the July inventory + expect approx 1500 pending until May 2009 which will not be cleared this FY, + (1000-1500) straight EB2 and porters who will file until the dates stay put until the next bulletin. So total of 11000 until Dec 09.

Gurus please correct me if I am wrong.

[helooo]

Hello Q,Spec and other Gurus,
When will the first time filer start getting approval?Will they pickup randomly or according to PD or Receipt Date?Very few have received EAD/AP so far.Is there any time frame?Any Hope!!

EB2I TSC | PD: 06/16/2008

[vizcard]

Hello Q,Spec and other Gurus,
When will the first time filer start getting approval?Will they pickup randomly or according to PD or Receipt Date?Very few have received EAD/AP so far.Is there any time frame?Any Hope!!

EB2I TSC | PD: 06/16/2008

First time filers approvals take approx 4 months for the GC. So I would assume a July filer would get approved in the Oct timeframe assuming there are numbers available. EAD/AP should be within 90 days and not dependent on dates being current or not.

[qesehmk]

helooo

All the cases that are current are processed by receipt date of 485 - oldest first.

So whenever you filed .. expect GC 4-5 months later.

Hello Q,Spec and other Gurus,
When will the first time filer start getting approval?Will they pickup randomly or according to PD or Receipt Date?Very few have received EAD/AP so far.Is there any time frame?Any Hope!!

EB2I TSC | PD: 06/16/2008

[moon80]

if you are referring to the EB2I priority date, then I'm afraid there is NO chance of it moving in Dec 2014/Jan 2015. The caveat would be if Obama does something (recapture or elimination of dependents from cap).

There is good chance that Mr. O might do something for legals Nov/Dec 2014 using his exec power. In that case dates will move.

[seattlet]

Sometimes it takes as little as 40 to 50 days to get 485 approved for first timers. (EAD and AP denied in such cases since 485 gets approved before EAD application is adjucated). Hence it might help to get fingerprinting done as soon as possible by opting to walk in once fingerprinting appt is received to speed up the case.

Generally when the dates retrogress there wont be any approvals from that month onwards, but last year we saw some approvals in December for EB2 I when the dates were not current. Further I dont think anyone is 100% sure how the spillover from last year is used for October / November 485 approvals for EB2 India. There were a ton of approvals for EB2 India in Oct / Nov last year which logically could have come only from EB2 India's 2014 quota or from family spillover but I dont have more info. I benefitted from it last year and I hope the same happens this year.

And the processing by receipt date is the rule, but adjucating 485 has many variables to it (depending on background check results, the adjucating officer, information in the application etc) and hence you might get 485 approved much ahead of folks who have RD before your's . this happens especially when first timers get approved in few weeks compared to the folks who have 485 pending for more than a year (due to retrogression) and
still dont get cleared before Nov.

helooo

All the cases that are current are processed by receipt date of 485 - oldest first.

So whenever you filed .. expect GC 4-5 months later.

[PD2008AUG25]

Mr. Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State, just announced in a meeting in which our office participated that due to extraordinarily high volume of EB-2 India cases, the Department of State will make the EB-2 India category unavailable until the end of the fiscal year (September 30, 2014) effective immediately as of today, September 10, 2014. It is important to note that this announcement does not affect the October 2014 Visa Bulletin, which has EB-2 India with a cutoff date of May 1, 2009 and which will be effective as of October 1, 2014

http://www.cilawgroup.com/news/2014/...g-in-the-fall/

[Jagan01]

Mr. Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State, just announced in a meeting in which our office participated that due to extraordinarily high volume of EB-2 India cases, the Department of State will make the EB-2 India category unavailable until the end of the fiscal year (September 30, 2014) effective immediately as of today, September 10, 2014. It is important to note that this announcement does not affect the October 2014 Visa Bulletin, which has EB-2 India with a cutoff date of May 1, 2009 and which will be effective as of October 1, 2014

http://www.cilawgroup.com/news/2014/...g-in-the-fall/

I am a little confused with the following paragraph:

No EB-2 India Filings for the Remainder of September
The fact that EB-2 India is unavailable for September also means that no new EB-2 India I-485 filings will be accepted during the rest of the month. This includes I-485 filings for dependents and I-485 interfiling requests (usually after I-140 porting applications). Cases that are filed are either likely to be held for processing on October 1st or will be returned to the applicant.

I thought that candidates can apply until they are current for the VB.

What happens to people who have not yet received EAD. Do we still get the EAD. I am done with finger printing but no sign of EAD yet.

[qesehmk]

Sometimes it takes as little as 40 to 50 days to get 485 approved for first timers.

That's possible seattlet. Certainly. I only quoted average time.