EB2-3 Predictions (Rather Calculations) 2015-2020

[geterdone]

If the dates move earlier, there should not be mass RFE. Since medical RFE is valid for 1 year, most of the folks who did their Medical (again or for the first time) would be under the 1 year expiry mark.

I was under the impression that many people who applied back in 2012 with 2009 pd did not get any RFE last year.

[imdeng]

My impression is otherwise. Many people were delayed - but did get their RFEs for Medical eventually last year.

There might still be RFEs for EVLs.

I was under the impression that many people who applied back in 2012 with 2009 pd did not get any RFE last year.

[mechanical13]

My impression is otherwise. Many people were delayed - but did get their RFEs for Medical eventually last year.

There might still be RFEs for EVLs.

I can confirm - I was along those who got an RFE. PD July 09, 2009. We delayed sending in our response until October to give us the maximum chance of approval before expiration. If we don't get greened this year (highly likely), we'll have to do the medicals again, and hopefully not delay an approval.

This medical process is beyond ludicrous. So many of us have been in this country for 10+ years. If we had any of the medical ailments they are testing for, we would be dead by now...

The price we pay for being skilled and from India.

[tenyearsgone]

Same here. Got the RFE in early July and responded mid-September. My PD is Sep 2009 and it's a waste of time, money and most importantly LCUs to go through the medical RFE multiple times, but it looks like I'll be doing it atleast once more in 2016.

I can confirm - I was along those who got an RFE. PD July 09, 2009. We delayed sending in our response until October to give us the maximum chance of approval before expiration. If we don't get greened this year (highly likely), we'll have to do the medicals again, and hopefully not delay an approval.

This medical process is beyond ludicrous. So many of us have been in this country for 10+ years. If we had any of the medical ailments they are testing for, we would be dead by now...

The price we pay for being skilled and from India.

[gkjppp]

01-May-2009!!! That sucks man!! So close yet so far.

My impression is that your legal status is AoS - which derives from I-485 - not the EAD/AP. So you are legal in the country - as in you will not accrue unlawful presence.

Not having an EAD affects your ability to work of course. I wonder though whether it only affects your "ability to show that you are eligible to work" and not the actual "ability to work" itself. Spec or Kanmani can throw more light here - but I am mentioning this because in 2013 we renewed our EADs and my wife's employer did not ever ask for new EAD even after the old ones on file were expired. We had to remind them to update the I-9 with new EAD information. Perhaps you continue to be eligible to work as long as your status is AoS irrespective of whether you have a currently valid EAD or not. The purpose of EAD is just to show to employers that you are currently eligible.

I myself never faced the situation because I have continued to be on H1B and have been keeping EAD/AP only as a backup.

Interesting to know, One of my friend got terminated not even leave of absence as he was not able to provide EAD before expiring, and also for me i got an email from HR to submit updated EAD before expiring date. So, your I-9 form needs validity of your H1 or EAD. Also you can't renew your DL with pending 485( I am not sure on this though, Guru's can confirm).

[tenyearsgone]

My renewal took 100+ days to get card in hand. My spouse's took ~70 days. The approval timeline seems to have speeded up significantly over the last month or so and trackitt shows folks getting it in 30-40 days now ... maybe in anticipation of DACA etc.

As always, the advice is to apply ~120 days before EAD/AP expiry.

apologies for asking on this thread, ill delete once a few gurus respond

ead processing time is stated as 3 months

in your experiences, does it take the full 3 months?

[qesehmk]

Also you can't renew your DL with pending 485( I am not sure on this though, Guru's can confirm).

I do not know if that is legal but I am pretty sure a lot of states follow that practice. I think it is cruel and sadist.

I also think that - that practice can be challenged in the courts and removed.

[gcq]

I do not know if that is legal but I am pretty sure a lot of states follow that practice. I think it is cruel and sadist.

I also think that - that practice can be challenged in the courts and removed.

In VA, EAD cannot be used to apply for DL anymore ( thanks to former VA governor Bob McDonnell). Original I485 receipt notice is the only document that can be used by people on AOS only for license application/renewal.

[mechanical13]

In VA, EAD cannot be used to apply for DL anymore ( thanks to former VA governor Bob McDonnell). Original I485 receipt notice is the only document that can be used by people on AOS only for license application/renewal.

All these state laws will eventually be contested in court and the laws annulled. The inability to get an DL while on EAD destroys the purpose of the EAD for many. Take the example of someone who has gotten their EAD via DACA or DAPA and needs to drive to work. If the EAD is the only document they have, how are they to get a DL?

[nbk1976]

In FL State, your DL has to be ednewed every year, even if you have a 2 year EAD. It's just a way for the state to rip you off each year of $50 (+$50 for wife).

[imdeng]

It is precisely the reason why some conservative state officials are arguing against EADs being the basis for DLs. As Q said, it is cruel and sadist.

WI used to allow undocumented immigrants to get DLs so they could drive and work. It is no longer allowed so folks who need to get to work essentially need to drive without a license since there is hardly any public transport - and risk being arrested if, for example, they get into a fender bender. The whole idea of DACA/DAPA is to bring people out of the shadows. Unfortunately, some people can not stomach the idea.

PS> Perhaps it would be a good idea for us to get the political leaning discussion out of the main thread. Lets keep the main thread politically neutral.

All these state laws will eventually be contested in court and the laws annulled. The inability to get an DL while on EAD destroys the purpose of the EAD for many. Take the example of someone who has gotten their EAD via DACA or DAPA and needs to drive to work. If the EAD is the only document they have, how are they to get a DL?

[sportsfan33]

I am posting here after a while.

About RFEs, I am a textbook example of someone who received his RFE late (well after the PD was current), responded fast and was a nervous wreck for over a month waiting and waiting. Our GC was eked out end of September, when many EB2I cases were greened. To cut the long story short, expect an RFE. Without your medicals being valid, there is no chance of getting a green card.

Good luck imdeng, kanmani and everyone else. That time of the year is nearing.

Finally, hoorrayyyyyyy to H4EAD! Hats off to everyone who campaigned and pulled this off. No more is the H4 visa a fame to shame.

[bookworm]

Interesting to know, One of my friend got terminated not even leave of absence as he was not able to provide EAD before expiring, and also for me i got an email from HR to submit updated EAD before expiring date. So, your I-9 form needs validity of your H1 or EAD. Also you can't renew your DL with pending 485( I am not sure on this though, Guru's can confirm).

How the employer handles the lack of EAD depends on the advice they receive from their law firms. I had a recent situation where somebody on my team did not get a STEM OPT renewal. Law firm was initially arguing for term and I argued for LOA. Finally sense prevailed and lawyers said its upto the org to decide their course of action. The only requirement is that the individual shouldnt be employed. The definition of employed is subject to debate.

[helooo]

Hello Q,gurus,
Any prediction for EB2I date movements in April VB?

Thanks!

[civilengineer]

Hello Q,gurus,
Any prediction for EB2I date movements in April VB?

Thanks!

No replies from the gurus, so I will throw out a random non-guru guess. July 1, 2007.

[tatikonda]

Hi All,

Please move this question to right thread later.

My Sister is on doing her MBA and presently having OTP until end of March 2015.
She applied for H1B last year, April 2014 and is still pending with USCIS.

Her I-94 will get expired by End of March.
Please advise, which is better option for her.

1) Continue to wait until dicision on H1B is made and then,
a) if H1 gets approved - work on H1 (no problem)
b) If H1 gets rejected - can we then apply for H4.

2) Is it better to change to H4 now, rather then wait until decision is made.

My Brother-in-law is having I-140 Approved, So in either cases, she wanted to utilize H4-EAD after May26th.

Thank You
Madhu.

[nbk1976]

I have known of someone who had her H1 application in the "pending" state for over a year. She felt the approval wasn't happening because the company was very small and USCIS was probably running checks on such companies and her application was put in this "basket" full of such cases. She withdrew and quickly moved to H4.

If the sponsoring company is a small consulting firm, this is probably the case. If so, just switch to H4 and use the new H4-EAD option.

Switching to H4 is easy: with the application, enclose passport photo copies, DL, photocopy of marriage certificate (very important), and the husband's passport photocopies, and a brief letter (half a page: keep it short).

Good luck!

[tatikonda]

Thank you NBK, Anymore suggestions Please !!

I have known of someone who had her H1 approval in the "pending" state for over a year. She felt the approval wasn't happening because the company was very small and USCIS was probably running checks on such companies and her application was put in this "basket" full of such cases. She withdrew and quickly moved to H4.

If the sponsoring company is a small consulting firm, this is probably the case. If so, just switch to H4 and use the new H4-EAD option.

Switching to H4 is easy: with the application, enclose passport photo copies, DL, photocopy of marriage certificate (very important), and the husband's passport photocopies, and a brief letter (half a page: keep it short).

Good luck!

[rmuru99]

I agree, better switch to H4 so that you never go "out of status". Now a days consulates look for proof of continuity while you go for visa stamping. Had that experience recently when I went for visa stamping.

[nbk1976]

You must formally "withdraw" the pending H1 application before "switching" to H4. I am not sure what the process is of withdrawing. You may have to write a letter to USCIS.

[tatikonda]

Hi NBK,

I think, this information is wrong..
No need to withdraw your pending H1B according to Ron Gotcher.

You must formally "withdraw" the pending H1 application before "switching" to H4. I am not sure what the process is of withdrawing. You may have to write a letter to USCIS.

[Spectator]

The April VB has been released http://travel.state.gov/content/visa...pril-2015.html

EB2-I moves to 01SEP07 (8 months)
EB2-C moves to 01APR11 from 01SEP10 (7 months)
EB3-I moves to 08JAN04 (1 week)
EB3-C retrogresses to 01JAN11 from 22OCT11
EB3-WW moves to 01OCT14 (4 months)

D. VISA AVAILABILITY - CHINA-mainland born

Employment Third Preference: The cut-off date for this category was advanced very rapidly during the past seven months, in an attempt to generate demand to ensure that all numbers under the annual limit could be made available. Item E in the November 2014 Visa Bulletin notified readers that this rapid movement could require "corrective" action as early as February, once demand began to materialize.

Continued heavy demand by applicants with very early priority dates has required a retrogression of this cut-off date for the month of April, to hold number use within the annual numerical limit. Potential forward movement of this cut-off date during the remainder of the fiscal year is dependent on the amount of demand received for applicants with very early priority dates.

Employment Fifth Preference: Item D of the February Visa Bulletin advised readers that the expected increase in demand would require the establishment of a cut-off date during the summer to hold number use within the annual numerical limit. The establishment of that date can be expected no later than June.

[almost]

The April VB has been released http://travel.state.gov/content/visa...pril-2015.html

EB2-I moves to 01SEP07 (8 months)
EB2-C moves to 01APR11 from 01SEP10 (7 months)
EB3-I moves to 08JAN04 (1 week)
EB3-C retrogresses to 01JAN11 from 22OCT11
EB3-WW moves to 01OCT14 (4 months)

Gurus,

In light of the above, how much are we expecting EB2-I to move ahead in summer? Atleast I was expecting a bigger move...maybe a year or so.

[United]

Hi Spectator,

Is there any chance of spillover from Eb3-WW to EB3I in next two three months ?

Thanks

[mechanical13]

Gurus,

In light of the above, how much are we expecting EB2-I to move ahead in summer? Atleast I was expecting a bigger move...maybe a year or so.

IMHO - Smaller moves are better since it prevents porting and visa number usage. Moderate movement until June/July lends to a bigger move towards the end of the year. Won't be a lot though, but something is better than nothing.