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Thread: EB2-3 Predictions (Rather Calculations) 2015-2020

  1. #676
    Quote Originally Posted by krishn View Post
    is uscis asking to do biometris?

    Doesn't USCIS need Biometrics, fingerprints? I have just done it only once in 2k7.
    It wasn't asked of me. I did it in 2007 too. Fingerprints probably no since finderprint doesn't change.
    Biometrics: photo, they should have our latest from EAD/AP filings I guess.

  2. #677
    Quote Originally Posted by krishn View Post
    I asked for EVL from corporate, they issued a standard 2 line EVL, with job title and salary.
    Is it required to have job duties in it?

    The HR dept have lost the job posting coz its been several years they have hired me.

    Any suggestions on EVL format and contents.


    Thanks

    Quote Originally Posted by gcq View Post
    My lawyer received the RFE today
    For myself
    1.G-325A,
    2.Medical,
    3. EVL
    4. Documentary evidence of all non-immigrant status granted to you since last lawful admission
    5. Employment authorization since last lawful admission


    For my wife:
    1.G-325A,
    2.Medical
    If Title is same as the labor title or same SOC code it should not matter. However if it does not match, you will have to provide job description to prove that your job is "same or similar" as per AC21.

    The evl format in the link below should be a good one.

    http://forums.immigration.com/thread...letter.210023/

  3. #678

  4. #679
    Hey Spec

    As always, thanks sharing! Can you share with me how you got this information? Did you actually go through all the 9089's?

    Quote Originally Posted by Spectator View Post
    OFLC included the information on both Country of Citizenship an Country of Birth for the first time in the Q2 FY2015 PERM disclosure figures. Technically it has been available in the ETA9089 information within the DOL LCR system.

    I have the data for the first half FY2015 PERM Certifications. It should be reasonably accurate. I've only shown numbers for cases where there was a difference.

    Birth Country shown below Country of Citizenship.

    INDIA Citizenship

    CHINA ------------ 2
    PHILIPPINES ------ 3
    ROW ------------ 156

    CHINA Citizenship

    ROW -------------- 3

    MEXICO Citizenship

    CHINA ------------ 1
    ROW -------------- 8

    PHILIPPINES Citizenship

    ROW -------------- 1

    ROW Citizenship

    INDIA ---------- 208
    CHINA ---------- 254
    MEXICO ---------- 11
    PHILIPPINES ----- 21
    ROW ------------ 988 (i.e. Different Country of Birth, but still ROW)

    Grand Total ----------- 1,656

    Total Certifications - 36,373




    Hope that helps you out.

  5. #680
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    Quote Originally Posted by axecapone View Post
    Hey Spec

    As always, thanks sharing! Can you share with me how you got this information? Did you actually go through all the 9089's?
    axecapone,

    To answer your question, I noticed fairly early on that Permchecker.com was showing the Country of Birth in their data. OFLC was publishing Country of Citizenship.

    When the OFLC Quarterly Data Disclosure was published, I always reconciled and combined the two data sources and was left with both Birth and Citizenship data for all Certified cases. It's then a trivial exercise to look at the number of cases where Bith and Citizenship Countries are different.

    At various times, I have had to go through over a 1,000 9089 when there was a data gap. Usually this was caused when the DOL LCR didn't update for several days and Permchecker.com did not update their data after the LCR was finally updated.

    Hopefully, OFLC will continue to publish the data required quarterly and I will not have to do that again.
    Without an irritant, there can be no pearl.

  6. #681
    All,

    I have an EB2 priority date of 1st May 2009 and just got a text and email stating that an RFE has been issued on my 485 application. Does this mean that the date might actually move that far from 1st Oct 2008? Maybe there is still hope for the people in early 2009.

    Although I will know in a couple of days what the story is but I expect either something for medical or EVL; medical would be a non issue but the odds are low as my wifes application didnt get one. On the EVL part, I am self employed right now through my own LLC. Is there anyone else who has been through an RFE in a similar circumstance? Any information would be helpful.

    Thanks

  7. #682
    Quote Originally Posted by almost View Post
    All,

    I have an EB2 priority date of 1st May 2009 and just got a text and email stating that an RFE has been issued on my 485 application. Does this mean that the date might actually move that far from 1st Oct 2008? Maybe there is still hope for the people in early 2009.

    Although I will know in a couple of days what the story is but I expect either something for medical or EVL; medical would be a non issue but the odds are low as my wifes application didnt get one. On the EVL part, I am self employed right now through my own LLC. Is there anyone else who has been through an RFE in a similar circumstance? Any information would be helpful.

    Thanks
    On Trackitt I saw someone with Dec 2009 -TSC that got an RFE. Do you mind sharing your RD and whether it is TSC or NSC? I guess we have to see more RFEs to see if this means anything.

  8. #683
    Quote Originally Posted by geterdone View Post
    On Trackitt I saw someone with Dec 2009 -TSC that got an RFE. Do you mind sharing your RD and whether it is TSC or NSC? I guess we have to see more RFEs to see if this means anything.
    Geterdone,
    As i mentioned above, my RD is 05/01/2009. I believe my application is at TSC. I am hoping this RFE is good news for a lot of us 2009ers.

  9. #684
    Quote Originally Posted by almost View Post
    Geterdone,
    As i mentioned above, my RD is 05/01/2009. I believe my application is at TSC. I am hoping this RFE is good news for a lot of us 2009ers.
    Almost,

    RD- Date when TSC received your application. 05/01/09 is your PD.

  10. #685
    Quote Originally Posted by almost View Post
    All,

    I have an EB2 priority date of 1st May 2009 and just got a text and email stating that an RFE has been issued on my 485 application. Does this mean that the date might actually move that far from 1st Oct 2008? Maybe there is still hope for the people in early 2009.

    Although I will know in a couple of days what the story is but I expect either something for medical or EVL; medical would be a non issue but the odds are low as my wifes application didnt get one. On the EVL part, I am self employed right now through my own LLC. Is there anyone else who has been through an RFE in a similar circumstance? Any information would be helpful.

    Thanks
    I would not put too much thought in to it, the officer who has your file has no indication where the dates will be next month. It just means he reviewed your file and need additional information to process it. My dates are in April 2009 and replied a RFE in the past. The status went back to

    On April XX, 2015, we received your response to our Request for Evidence for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number LIN149... Our Nebraska Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

  11. #686
    geterdone,
    Will have to check the RD for 485 but if I remember correctly it was within the month that the date became current. Will post an update later in the day after looking at the receipt notice.
    Just out of curiosity, what difference does it make?

  12. #687
    cursedguy,
    Did you receive the RFE sometime around March? and what was it for if I may ask?
    Thanks

  13. #688
    Yes in March, It was for clear and color copies of passport.

  14. #689
    YT,
    You still betting big on the processing times, to get 12K SO to EB2I in FY15?

    Is it not the EB3 ROW has already realized drop in demand and rising demand towards the end of FY15 and leaving few EB3 spills in FY15 than expected.
    Could it leading to sufficient EB3ROW demand and less EB2ROW demand by the end of FY16 itself?

  15. #690
    I-485 inventory has country wide classifications now. Looks like USCIS updated it.

    http://www.uscis.gov/sites/default/f...04-01-2015.pdf

  16. #691
    EB2ROW applications have doubled in 2014 from 2013. That doesn't look right for EB2I.


    Quote Originally Posted by bluelabel View Post
    I-485 inventory has country wide classifications now. Looks like USCIS updated it.

    http://www.uscis.gov/sites/default/f...04-01-2015.pdf

  17. #692
    Hi All,

    Looks like there is an Update of Legal Immigration System Modernization from WhiteHouse.
    I quickly looked into it.. nothing great for EB category in short terms..
    maybe helpful for next generations folks.. not for some of us you are stuck in EB2/EB3 India.

    https://www.whitehouse.gov/sites/def...on_report1.pdf

    Regards
    Tatikonda

  18. #693
    Recommendations in the pdf.

    Recommendation 1: Update the monthly Visa Bulletin. Later this year, State, in consultation
    with DHS, will revise the monthly Visa Bulletin to better estimate immigrant visa availability for
    prospective applicants, providing needed predictability to nonimmigrant workers seeking
    permanent residency. The revisions will help ensure that the maximum number of available visas
    is issued every year, while also minimizing the potential for visa retrogression.26 These changes
    will further allow more individuals seeking LPR status to work, change jobs, and accept
    promotions. By increasing efficiency in visa issuance, individuals and their families who are
    already on the path to becoming LPRs will have increased security that they can stay in the United
    States, set down roots, and more confidently seek out opportunities to build lives in our country.


    Recommendation 2: Refine monthly allocation of visas. State will increase monthly visa
    allocation totals during the first three quarters of the fiscal year to the degree permitted by law
    in order to ensure that fewer numbers are left for the final quarter, thereby ensuring that visa
    numbers issued are as closely aligned with statutory mandates as possible.


    Recommendation 3: Improve numerically controlled immigrant visa appointments. State’s
    National Visa Center will alter how numerically controlled immigrant visa appointments are
    scheduled for the last month of the fiscal year (September) to provide sufficient time to evaluate
    whether there may be potentially unused numbers. This change will allow for the scheduling of
    additional cases when necessary in order to maximize the numbers of visas used, consistent with
    the annual limits.


    Recommendation 4: Clarify and expand protections for employment-based immigrants and
    nonimmigrants. DHS intends to publish a regulation clarifying and expanding on the protections
    afforded employment-based immigrants and nonimmigrants under the American
    Competitiveness in the Twenty-First Century Act of 2000 (“AC-21”), which was meant to increase
    job flexibility for individuals who were coming to the United States to perform specialty
    occupation services (H-1B) and those on the pathway to permanent residency. This regulation
    will:
    • Increase the ability of workers waiting for a green card to change jobs or receive
    promotions by clarifying when individuals may change jobs or employers because such
    employment is “same or similar” to the job that was the original basis for permanent
    residency;
    • Further increase job flexibility by enabling individuals whose employment-sponsored
    immigrant visa petitions have been approved for more than one year to retain eligibility
    for LPR status despite the petitioning employer closing its business or seeking to withdraw
    the approved petition;
    • Provide increased guidance on job flexibility provisions for H-1B workers seeking other H-
    1B employment, including changing jobs or employers;
    • Extend grace periods for certain nonimmigrant workers whose period of authorized stay
    has expired, including because their jobs have been terminated, to better allow them to
    obtain other employment without losing their nonimmigrant status;
    • Clarify when H-1B nonimmigrants may begin working without required licensure;
    • Provide increased guidance on the maximum period of admission for H-1B
    nonimmigrants, including for those who are on the path to LPR status, and enable H-1B
    nonimmigrants to recapture time spent outside of the United States;
    • Clarify which H-1B nonimmigrants are exempt from the statutory cap to ensure that those
    nonimmigrants who are contributing to U.S. research and the education of Americans
    may remain in the United States; and
    • Protect H-1B nonimmigrants who suffered retaliatory actions because they reported
    labor violations committed by their employer.



    Quote Originally Posted by tatikonda View Post
    Hi All,

    Looks like there is an Update of Legal Immigration System Modernization from WhiteHouse.
    I quickly looked into it.. nothing great for EB category in short terms..
    maybe helpful for next generations folks.. not for some of us you are stuck in EB2/EB3 India.

    https://www.whitehouse.gov/sites/def...on_report1.pdf

    Regards
    Tatikonda

  19. #694
    Yes, I read them but none of them are great reforms for those who stuck in the process. except for portability.
    - No recapture of visas.
    - Not counting Dependents
    - Country quota
    - Increase visa numbers

    where some of the expectations but none are there. ( they may not fall under category of "Rules" these may require action from congress men"

    Quote Originally Posted by CleanSock View Post
    Recommendations in the pdf.

    Recommendation 1: Update the monthly Visa Bulletin. Later this year, State, in consultation
    with DHS, will revise the monthly Visa Bulletin to better estimate immigrant visa availability for
    prospective applicants, providing needed predictability to nonimmigrant workers seeking
    permanent residency. The revisions will help ensure that the maximum number of available visas
    is issued every year, while also minimizing the potential for visa retrogression.26 These changes
    will further allow more individuals seeking LPR status to work, change jobs, and accept
    promotions. By increasing efficiency in visa issuance, individuals and their families who are
    already on the path to becoming LPRs will have increased security that they can stay in the United
    States, set down roots, and more confidently seek out opportunities to build lives in our country.


    Recommendation 2: Refine monthly allocation of visas. State will increase monthly visa
    allocation totals during the first three quarters of the fiscal year to the degree permitted by law
    in order to ensure that fewer numbers are left for the final quarter, thereby ensuring that visa
    numbers issued are as closely aligned with statutory mandates as possible.


    Recommendation 3: Improve numerically controlled immigrant visa appointments. State’s
    National Visa Center will alter how numerically controlled immigrant visa appointments are
    scheduled for the last month of the fiscal year (September) to provide sufficient time to evaluate
    whether there may be potentially unused numbers. This change will allow for the scheduling of
    additional cases when necessary in order to maximize the numbers of visas used, consistent with
    the annual limits.


    Recommendation 4: Clarify and expand protections for employment-based immigrants and
    nonimmigrants. DHS intends to publish a regulation clarifying and expanding on the protections
    afforded employment-based immigrants and nonimmigrants under the American
    Competitiveness in the Twenty-First Century Act of 2000 (“AC-21”), which was meant to increase
    job flexibility for individuals who were coming to the United States to perform specialty
    occupation services (H-1B) and those on the pathway to permanent residency. This regulation
    will:
    • Increase the ability of workers waiting for a green card to change jobs or receive
    promotions by clarifying when individuals may change jobs or employers because such
    employment is “same or similar” to the job that was the original basis for permanent
    residency;
    • Further increase job flexibility by enabling individuals whose employment-sponsored
    immigrant visa petitions have been approved for more than one year to retain eligibility
    for LPR status despite the petitioning employer closing its business or seeking to withdraw
    the approved petition;
    • Provide increased guidance on job flexibility provisions for H-1B workers seeking other H-
    1B employment, including changing jobs or employers;
    • Extend grace periods for certain nonimmigrant workers whose period of authorized stay
    has expired, including because their jobs have been terminated, to better allow them to
    obtain other employment without losing their nonimmigrant status;
    • Clarify when H-1B nonimmigrants may begin working without required licensure;
    • Provide increased guidance on the maximum period of admission for H-1B
    nonimmigrants, including for those who are on the path to LPR status, and enable H-1B
    nonimmigrants to recapture time spent outside of the United States;
    • Clarify which H-1B nonimmigrants are exempt from the statutory cap to ensure that those
    nonimmigrants who are contributing to U.S. research and the education of Americans
    may remain in the United States; and
    • Protect H-1B nonimmigrants who suffered retaliatory actions because they reported
    labor violations committed by their employer.

  20. #695
    Actually the I140 Portability reform is pretty darn awesome.
    The problem with this report is there is NO Timeframe as to when this will happen ( If AT ALL it will happen).
    Since November 2014 the only thing which has really happened is H4 EAD ( Which was in motion for months before the November 2014 announcement).
    If i hadnt been let down repeatedly by guvment and reports I would say 'I am keeping my fingers crossed'.

  21. #696
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    Quote Originally Posted by aquatican View Post
    Actually the I140 Portability reform is pretty darn awesome.
    The problem with this report is there is NO Timeframe as to when this will happen ( If AT ALL it will happen).
    Since November 2014 the only thing which has really happened is H4 EAD ( Which was in motion for months before the November 2014 announcement).
    If i hadnt been let down repeatedly by guvment and reports I would say 'I am keeping my fingers crossed'.
    We have moved from a 4 year turnaround time for EB2I to more than 6 years now. And I guess in a couple of years EB1 India folks will also start having a similar impact with increasing timelines.
    Employment based is purely skill set requirement, so unless we take out country limits for Employment based and get everyone on the same page, and every country pushing for the reforms we won't see much happening. With a Sep/10 PD, and no EAD and not seeing it happening it in 2016 just resigned to fate. Meanwhile the H4EAD atleast has helped providing an avenue for relief instead of running around consulting companies on both spouses.

  22. #697
    Guru Spectator's Avatar
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    AILA Update

    Courtesy of Ron Gotcher - Link

    EB-3 Update and Significant Retrogression in EB-3 China.

    In August, EB-3 China will retrogress seven years to June 1, 2004. It initially appeared that there would be unused [China] family-sponsored numbers available in this category, allowing for advances in the cut-off date earlier in the year. But, demand in family-sponsored China has changed drastically, making the availability of additional numbers very unlikely. Another reason for the retrogression is that the advancement of the cut-off date for EB-3 China earlier in the fiscal year generated significant demand within the allowable annual limit. The good news is that this category will likely recover at the start of the new fiscal year, moving back to a 2010 or possibly 2011 cut-off date in October. EB-3 Other Workers will also retrogress two years to January 1, 2004.

    EB-3 China, EB-3 India and EB-3 Philippines.

    All have the potential to move forward a few months in September, depending on demand for EB-3 Worldwide through early August.

    EB-3 Worldwide and EB-3 Mexico.

    Charlie predicts EB-3 Worldwide and EB-3 Mexico will continue to advance in September but may hold steady starting in October for a month or two to see if significant demand from the recent advancement of the cut-off date materializes.

    EB-2 India and China.

    EB-2 India remained unchanged this month as predicted. There is sufficient demand in this category based on the current cut-off date and this date is likely to hold until at least October. Movement would only be possible if there were a significant decline in EB-1 and EB-2 demand from all other countries prior to the determination of the September cut-off dates. This situation is being monitored very closely. EB-2 China moved forward by 2 1/2 months to December 15, 2003. Based on current demand, this date is likely to either move slightly or remain the same for September.

    F2-A Worldwide.

    This category is moving very rapidly and is likely to continue to move rapidly due to a severe lack of demand. This will continue until demand materializes.
    There are the actual AILA words, rather than Oh Law Firm's interpretation.
    Without an irritant, there can be no pearl.

  23. #698
    Thank you Spec,
    Finally he admitted the SO from EB3ROW
    The number of pending EB3ROW applicant is quite low ''11375" (if we trust it)

    I think EB3ROW will remain current as long as the current perm trend continue, next year will be interesting for EB3I :-)

  24. #699
    Quote Originally Posted by migo79 View Post
    Thank you Spec,
    Finally he admitted the SO from EB3ROW
    The number of pending EB3ROW applicant is quite low ''11375" (if we trust it)

    I think EB3ROW will remain current as long as the current perm trend continue, next year will be interesting for EB3I :-)
    Yes, finally !

  25. #700
    Based on country data in addendum in the latest USCIS 485 Inventory, what are the estimates for EB3I?
    Spec, you still sticking to your earlier dates?

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