EB2-3 Predictions (Rather Calculations) 2015-2020

[EB2IndSep09]

Kuku82,

You are not the only one in the boat there is enough company for you.
I am in the same situation and they are yet to file my PERM as my initial PERM location was closed. I reached out to the attorneys and awaiting their response.
My situation is I am with same company but different MSA now, I will keep you posted once I hear back from them.

And congrats to all who will be able to file their AOS moment recoup every drop of sweat and every sigh of frustration you wasted.

Cheers!!

Looks like I'm going to miss the boat on this one, almost 2nd time

My PD is Oct 2010, but the company split and I got moved to the other company. And they are going to file new PERM next month thru the other company. Can't use successor-in-interest relationship as per lawyer for reasons I don't understand.

Is there a way I can file for AOS now, and then use AC21 with "other" company?

[suninphx]

Good to see posts from old timers - thanks to date movement.

[Jonty Rhodes]

Vedu

Great Post. Just a few tips to add ..

You can start and own a business in US on ANY visa. There are virtually no restrictions there.

Same goes with owning a house. You can buy a house in US while being a citizen of Cameroon e.g. !! No visa requirements for buying property either.

Q, this post is really to thank you.

With October 2015 VB, I will be able to file for AOS starting October 1st. I can't say that I am not happy but for some reason, I think there are many other things in my life that have given me much more happiness. Q, this is because I listened to your advise and started concentrating more on the job that I held. I was frustrated due to GC wait. I came to US in December 2004, did my MPH on F-1, did my Internal Medicine Training for 3 years from 2007-2010 on H1B, couldn't get the fellowship due to H1B visa and started working in a Hospital. My hospital hired a new lawyer in 2010 and my PERM was delayed for a year and was filed in 2011. With HR3012 passing the House and rapid advancement of dates in 2012, I had started hoping that I would get GC soon. But then dates retrogressed. I became more frustrated as the fellowship seemed a distant dream. I got even more frustrated and started hating my job even though it is a pretty decent one. I actually let a promotion go because I was hoping that if I get a GC soon then I didn't have to commit to my hospital administration by accepting a promotion as they were asking for a 2 year commitment. Then the dates retrogressed even more and I kicked myself for letting that promotion go.

But then one day I read a post from Q where he had advised someone to pursue their life & career goals and keep GC as a secondary thing. It may sound dramatic to some but I felt that may be it was my enlightenment moment. I slowly started taking more interest in the committees that I was a part of. I started giving more time on my job. Today in 2 years, I have achieved much more in my current job and I am at a level where I don't care much if I don't get a fellowship and I don't care much if it takes me few more years to get a GC. I am working full time but on top, I have accepted a position of Medical Director of a new program that my hospital started. I am the Chief Physician Informaticist in my hospital and now working as a Deputy Chief Medical Information Officer on the inpatient side. And now, I have been asked to apply for Executive Medical Director for Acute Care by hospital administration. If I get that position, my current boss will be working under me. All this has happened in last 2 years and I have to heartily thank Q for that simple but effective advise.

I want to tell everyone that this is a fantastic forum and I have not only learned about immigration from here but I have learned much more about other peoples' struggles and started to appreciate my job, my family and many other things that I have. I know that it is not possible for everyone to enjoy their current jobs or move up the ladder, but hang in there my friends with a positive attitude and your time will come.

PS: BTW, we actually built a new house and my wife and my 5 year old enjoy it like anything. I was very resistant initially but I didn't want wait till I get GC which could still take many years.

[qesehmk]

Jonty

Wow! I am glad for your accomplishments.

What this forum, others and I do is throw light on the path. But the entire hardwork of walking on that path is yours and yours alone!

GC will come when it will come. But you will have already achieved more than what you thought GC was going to give you! Its all YOUR success. Thanks for sharing!

Having said that - as I always say - even Gods love to hear their praise. I am just a mortal human being!! You certainly stoked my ego.

Congratulations on the house too! One of the passing rights of an immigrant in this country!

Q, this post is really to thank you.

With October 2015 VB, I will be able to file for AOS starting October 1st. I can't say that I am not happy but for some reason, I think there are many other things in my life that have given me much more happiness. Q, this is because I listened to your advise and started concentrating more on the job that I held. I was frustrated due to GC wait. I came to US in December 2004, did my MPH on F-1, did my Internal Medicine Training for 3 years from 2007-2010 on H1B, couldn't get the fellowship due to H1B visa and started working in a Hospital. My hospital hired a new lawyer in 2010 and my PERM was delayed for a year and was filed in 2011. With HR3012 passing the House and rapid advancement of dates in 2012, I had started hoping that I would get GC soon. But then dates retrogressed. I became more frustrated as the fellowship seemed a distant dream. I got even more frustrated and started hating my job even though it is a pretty decent one. I actually let a promotion go because I was hoping that if I get a GC soon then I didn't have to commit to my hospital administration by accepting a promotion as they were asking for a 2 year commitment. Then the dates retrogressed even more and I kicked myself for letting that promotion go.

But then one day I read a post from Q where he had advised someone to pursue their life & career goals and keep GC as a secondary thing. It may sound dramatic to some but I felt that may be it was my enlightenment moment. I slowly started taking more interest in the committees that I was a part of. I started giving more time on my job. Today in 2 years, I have achieved much more in my current job and I am at a level where I don't care much if I don't get a fellowship and I don't care much if it takes me few more years to get a GC. I am working full time but on top, I have accepted a position of Medical Director of a new program that my hospital started. I am the Chief Physician Informaticist in my hospital and now working as a Deputy Chief Medical Information Officer on the inpatient side. And now, I have been asked to apply for Executive Medical Director for Acute Care by hospital administration. If I get that position, my current boss will be working under me. All this has happened in last 2 years and I have to heartily thank Q for that simple but effective advise.

I want to tell everyone that this is a fantastic forum and I have not only learned about immigration from here but I have learned much more about other peoples' struggles and started to appreciate my job, my family and many other things that I have. I know that it is not possible for everyone to enjoy their current jobs or move up the ladder, but hang in there my friends with a positive attitude and your time will come.

PS: BTW, we actually built a new house and my wife and my 5 year old enjoy it like anything. I was very resistant initially but I didn't want wait till I get GC which could still take many years.

[Jonty Rhodes]

Jonty

Wow! I am glad for your accomplishments.

What this forum, others and I do is throw light on the path. But the entire hardwork of walking on that path is yours and yours alone!

GC will come when it will come. But you will have already achieved more than what you thought GC was going to give you! Its all YOUR success. Thanks for sharing!

Having said that - as I always say - even Gods love to hear their praise. I am just a mortal human being!! You certainly stoked my ego.

Congratulations on the house too! One of the passing rights of an immigrant in this country!

Thanks a lot, Q.

[YTeleven]

Sorry for the late to the party.
Congrats to all who got the opportunity to file their I-485s.
For those who didn’t get the chance to file, please help yourself by signing this white house petition:
https://petitions.whitehouse.gov/pet...140-approval-4
It needs to get 65k signs by 26-Sep-2015 to get President’s attention.

I would like to congratulate CO and other agencies’ heads on behalf of our forum on coming up with the excellent VB reforms by providing the acceptance cut-off dates.
Now the inventory buildup can be managed at granular level on a monthly basis based on the agencies will & performance (irrespective of supply of visas).
At the same time the final action cut-off dates (orig. visa cut-off dates) can now have realistic dates based on supply of Visas.

Now coming to our predictions, exactly a year ago we predicted EB2-I dates will move to FY11Q3 here:
http://www.qesehmk.org/forums/showth...3828#post53828
Whatever may be the reason of current EB2-I movement, the dates have moved to till FY11Q3 as predicted, at that time when I was predicting I know that I will miss my PD by one day(1-Jul-11) and it did happen to me now (sadly I missed it by one day). Now I’m working on predicting when will be the next movement will happen.

I see most of EB3-I guys disappointed with their cut-off date movement but I would still say it’s going as per our predictions and we will see the wipe out of EB3-I backlogs by end of FY16 and we will see the acceptance dates for EB3-I moving to FY09 levels by early FY17.

anuprabh,
If you are confused with which PD to retain EB3-I 2006 or EB2-I 2011, I would say EB3-I 2006 PD will get GC by end of FY16 where as EB2-I 2010 PD will take at least another 2 to 3 years to get the GC. Please wait and see for a quarter to know how the EB3-I will move.

[rohanvus]

Thanks YT for your post - had been looking for some comments from you on this new VB.
So do we agree that current movement to July 2011 is not really based on traditional demand/supply factor but on the will and how much load agencies can take ?
Its just unfortunate that you just missed it by a day Mine is Dec ,2 , 2011
Not sure if you have gotten some head around this 'new' acceptance date concept .
Wondering if some kinda math or demand/supply factor has gone into the finalizing the acceptance date as published in the VB .
I am just afraid that if its indeed based on demand and supply equation then already there is too much demand ( even before May 2010) and the next further movement may happen only after 4 years (2019). Hope this is not the case and this VB traverses another 6 months within FY'16

PS: Been 9 years in US already but with PD in Dec 2011 ( downside of working in US MNC where GC process starts towards 4/5 year on H1B and all lengthy approvals along with it

[mesan123]

Hi Gurus Q, Kanmani, Nishant,Spec etall,

I know i have to put this question in different section,sorry for posting here, but quick was looking for quick responce..my passport has my birth place as my district name 'X' where as my birth certificate has it has home town 'Y'. I couldnot change my passport, so i got an Non-Availability form from my District place'X'.

Will it be enough if i use the Non availability and affidavits from my parents as proof or
should i use the birth certificate and affidavits from parents( even though my birth certificate place of birth and passport place of birth doesn't match)???

please any input will be appreciated.

[qesehmk]

I am still in line, have two new made in India babies that will shortly get on the queue next month..

Congrats billi on the babies. All the rest is much less important - I guess!

[SV2007]

Thanks YTeleven for the post and reassurance for EB3I folks. We will wait for your predictions on when the next movement will happen. Good luck to you as well.

[denverconnection]

Hi Gurus,

My H1B has expired recently and applied for 7th year extension, which is pending from past 1.5 months. As per the new policy (based on Acceptance date) I am eligible to apply for I-485.

1. Can I file I-485 when H1b extension is pending
2. Is it necessary to have H1B approval before I file I-485

Thank you in advance.

[anuprab]

Thanks YTeleven for the post and reassurance for EB3I folks. We will wait for your predictions on when the next movement will happen. Good luck to you as well.

Yup hopefully Yteleven's prediction comes true for Eb3 as well. I have a unique problem to which I am getting conflicting answers from lawyers. My spouse and I files for Aos under my Eb3 2006 dates and since 2007 both of us are on Ead and AP and no H1Bs. Simultaneously his employer did his Perm and 140 in Eb2 with May 2010 PD. With the recent VB movement he is eligible to file his own 485 so he has job portability but now I hear he can't as he doesn't have a valid non immigrant status. The inter filing of 485 would be done only when dates are current for final cut offs. So even with the dates movement we are back to square one. Even if he has to file he has to get in his H1 and come in the country on H1 before he files 485. Does anyone think this is right?

[imdeng]

Mesan - I had posted some BC related questions in this forum some time back and the general opinion is that USCIS is usually forgiving on small discrepancies on BC. It seems like in your case home town Y is in the district X. In that case, in my layman's opinion, I would consider BC to be perfectly fine and would go ahead with it.

Kanmani/Spec might have more legally sound opinions - so hold on making your mind until you hear back from them.

Hi Gurus Q, Kanmani, Nishant,Spec etall,

I know i have to put this question in different section,sorry for posting here, but quick was looking for quick responce..my passport has my birth place as my district name 'X' where as my birth certificate has it has home town 'Y'. I couldnot change my passport, so i got an Non-Availability form from my District place'X'.

Will it be enough if i use the Non availability and affidavits from my parents as proof or
should i use the birth certificate and affidavits from parents( even though my birth certificate place of birth and passport place of birth doesn't match)???

please any input will be appreciated.

[qesehmk]

denver - GC and H1 are two completely different things. As long as you are in a good status in US i.e. not staying illegally AND as long as you are eligible to file 485 - you can file it. H1 approval has no bearing on it other than if that situation puts you in illegal stay situation. So just check that thing..

Hi Gurus,

My H1B has expired recently and applied for 7th year extension, which is pending from past 1.5 months. As per the new policy (based on Acceptance date) I am eligible to apply for I-485.

1. Can I file I-485 when H1b extension is pending
2. Is it necessary to have H1B approval before I file I-485

Thank you in advance.

[Kanmani]

Mesan - I had posted some BC related questions in this forum some time back and the general opinion is that USCIS is usually forgiving on small discrepancies on BC. It seems like in your case home town Y is in the district X. In that case, in my layman's opinion, I would consider BC to be perfectly fine and would go ahead with it.

Kanmani/Spec might have more legally sound opinions - so hold on making your mind until you hear back from them.

mesan, if home town Y is in the district X, then get the affidavits like born in Y city/town of X district . It is sufficient.

[denverconnection]

Q, Thanks a lot.

[qesehmk]

You're welcome. But wait and see what others have to say on this too.

Q, Thanks a lot.

[anuprab]

denver - GC and H1 are two completely different things. As long as you are in a good status in US i.e. not staying illegally AND as long as you are eligible to file 485 - you can file it. H1 approval has no bearing on it other than if that situation puts you in illegal stay situation. So just check that thing..

Q does this mean if you last entered as a parolee and are no longer on H1b you cant
File your 485

[qesehmk]

Q does this mean if you last entered as a parolee and are no longer on H1b you cant
File your 485

As long as you are in good status and the promised job is going to be there - you can file 485 whenever the date is current. Makes sense?

[anuprab]

As long as you are in good status and the promised job is going to be there - you can file 485 whenever the date is current. Makes sense?

makes sense to me but not sure if the law states otherwise, if 485 means filing for adjustment of status and the status has already been adjusted once, how can a 485 be filed again unless the person is also maintaining a non-immigration status which in employment based case is H1 or L1. Just throwing this around as I have got conflicting answers. I am also doing a paid consult with another attorney for a second opinion!!! That's why the GC is so important..pinning my hopes on my EB3 case now

[Kanmani]

Yup hopefully Yteleven's prediction comes true for Eb3 as well. I have a unique problem to which I am getting conflicting answers from lawyers. My spouse and I files for Aos under my Eb3 2006 dates and since 2007 both of us are on Ead and AP and no H1Bs. Simultaneously his employer did his Perm and 140 in Eb2 with May 2010 PD. With the recent VB movement he is eligible to file his own 485 so he has job portability but now I hear he can't as he doesn't have a valid non immigrant status. The inter filing of 485 would be done only when dates are current for final cut offs. So even with the dates movement we are back to square one. Even if he has to file he has to get in his H1 and come in the country on H1 before he files 485. Does anyone think this is right?

No. At this point of time, he doesn't need H1b status. He is already protected by pending Adjustment of Status.

Moreover, he is not required to file an additional I-485 petition for his EB-2 classification. Just up gradation of the existing petition is needed, which constitutes the interfiling section of the process.

While getting consultation, please remind the attorney that he has one I-485 pending under EB-3 . That's it.

[anuprab]

No. At this point of time, he doesn't need H1b status. He is already protected by pending Adjustment of Status.

Moreover, he is not required to file an additional I-485 petition for his EB-2 classification. Just up gradation of the existing petition is needed, which constitutes the interfiling section of the process.

While getting consultation, please remind the attorney that he has one I-485 pending under EB-3 . That's it.

Kanmani thanks that was the original plan but not with this new VB format anymore. As per my lawyer, they cant interfile now under the approval for filing cut off date but will only interfile when the final cut off dates move to May 2010. Had the bulletin format not changed, this would have been the plan. their point is if he needs to be independent of my case and benefit from 485 filing, he needs to go out get H1 stamped come in and then adjust status ...

[qesehmk]

We have discussed that few days back. That's not what this person was talking about. He was talking about H1 extension approval vs ability to file 485.

That's when I am saying as long as he has a valid status in US - approval of H1 is not a prerequisite for filing 485.

makes sense to me but not sure if the law states otherwise, if 485 means filing for adjustment of status and the status has already been adjusted once, how can a 485 be filed again unless the person is also maintaining a non-immigration status which in employment based case is H1 or L1. Just throwing this around as I have got conflicting answers. I am also doing a paid consult with another attorney for a second opinion!!! That's why the GC is so important..pinning my hopes on my EB3 case now

[anuprab]

We have discussed that few days back. That's not what this person was talking about. He was talking about H1 extension approval vs ability to file 485.

That's when I am saying as long as he has a valid status in US - approval of H1 is not a prerequisite for filing 485.

Thanks Q valid non-immigrant status is it?? isn't that what adjustment of status is all about !! my head is spinning from all this. My lawyers aren't ready to interfile and or do a separate 485 for my spouse. His company lawyers wont interfile because they don't have my case with them and will only do a new 485. I am thinking what the hell lets just do the 485 without a valid non immigrant visa and if it gets denied so be it...the other option in go to india stamp a new h1 once it gets approved, enter in H1 status and then file 485..all this is not possible by Oct 31 so take a chance and file later in Nov or Dec if approval dates still valid. Phew I am exhausted just thinking about it!

[anuprab]

We have discussed that few days back. That's not what this person was talking about. He was talking about H1 extension approval vs ability to file 485.

That's when I am saying as long as he has a valid status in US - approval of H1 is not a prerequisite for filing 485.

Here is what I found. This is from USCIS directly but then again Parolee is an option for choosing a valid non-immigrant status as per USCIS document. If this is the case then 485 can be filed!

it appears that your employer may want to pursue the immigrant visa petition process for you. Unfortunately, because you have indicated you have one or
more of the following issues:
A. You did not enter the United States legally, or
B. You entered in a status that is barred from applying for permanent resident status in the United States, or
C. You worked in the U.S. without proper authorization some time after January 1, 1977, or
D. You violated your status in the United States, or
E. You are not currently in a valid nonimmigrant status, or
F. You entered in A, G or NATO status and have not yet obtained a certification from the Department of State or NATO on Form I-566, or
G. You entered in “J” status and have not yet obtained a waiver of the two-year foreign residence requirement, or
H. You entered in K-1 fiancé(e) status and did not seek permanent residence through marriage to the United States citizen petitioner,