They will implement everything right away, if it will screw the IC category. But they are talking about allowing people to file I-485 when PD is not current for couple of years now...but still talking.Originally Posted by TeddyKoochu
They will implement everything right away, if it will screw the IC category. But they are talking about allowing people to file I-485 when PD is not current for couple of years now...but still talking.
AFAIK you can port your date if your i140 is approved if it is revoked after its approved its fine, it should not be withdrawn before approval. If you have the receipt number you can track it yourself. FOIA is the way to go as Nishant has suggested.
May be, USCIS delayed the EB1 I-140 on purpose?
snathan,
Even if they implement this right away, i would assume the new EB2-entrepreneur(s) from I&C should wait in the line, unless they have earlier PD from an approved EB3 application!
Not a Legal advice/opinion, please check with good immigration attorney.
Besides this new rule there are ways you can try results are not guaranteed however all that will be lost is money only, if successful the outcome is priceless.
Refer to the following article on Murthy - http://www.murthy.com/news/ukmurtak.html
People with 3 year degrees only (Iam not sure if you have another degree after that in that case you should be good) can give it a try to apply in EB2. With your 12 years of experience its worth a try in Exceptional Ability Group (This is different from US masters or BS + 5), if your experience was anything less than 8-10 years the case would be likely denied for sure. All depends on how well the attorney can make a case. Try doing credits from any accredited university to cover the additional credits to make it equivalent to a 4 years US degree, followed by an educational evaluation. After that it should be very easy to get EB2. One of my colleagues had a EB3 PD of Sep 2002 unfortunately his I140 was denied in Oct 2007, now his PD is Dec 2007 EB3 and he is trying this way out.
Last edited by TeddyKoochu; 08-02-2011 at 10:02 PM.
Thank you Teddy for your reply....i dont have receipt number...so will follow the path nishant mentioned...
Besides this new rule there are ways you can try results are not guaranteed however all that will bee lost is money only, if successful the outcome is priceless.
Refer to the following article on Murthy - http://www.murthy.com/news/ukmurtak.html
People with 3 year degrees only (Iam not sure if you have another degree after that in that case you should be good) can give it a try to apply in EB2. With your 12 years of experience its worth a try in Exceptional Ability Group, if your experience was anything less than 8-10 years the case would be likely denied for sure. All depends on how well the attorney can make a case. Try doing credits from any accredited university to cover the additional credits to make it equivalent to a 4 years US degree, followed by an educational evaluation. After that it should be very easy to get EB2. One of my colleagues had a EB3 PD of Sep 2002 unfortunately his I140 was denied in Oct 2007, now his PD is Dec 2007 EB3 and he is trying this way out.
In reality really it’s the tough interpretation of the Kazarian memo that caused the delay. However bigger the delay more likely the applicants will go for premium, good for the applicant (lets be happy for all legal immigrants) as an avenue to speed it up, money for the agencies to do their great job faster, apologies to SOFAD
Many of us waited for this kind of relief; sadly we must accept that this moved to the next level. There were talks of pre-registration many times it never took off. Lets hope for BTM in September else its next year in May.
Not at all. If there is BTM it would be in addition to the SFM of July 8th, 2007 in the Sep Bulletin.
p.s. - Yes, I am suggesting Jul 8th rather than 1st.
natvyas that's fortunately so untrue. Finding investor is actually very very easy. Having an idea is somewhat difficult. But more difficult is creating financially viable plan, the associated business model and then creating a prototype and finally proving that somebody will actually buy it. Not all investors would require all of it. But if you can do all of it then in all likelihood you will find more than one investors ready to fund your idea.
There you go! Thats the decision in your favor! Congrats.
Teddy I am going to be in strong disagreement over this statement. I would suggest try working backwords from 2012 Spillover Season. How much will be the SOFAD - best and worst case? If that were to be fully utilized then how many new cases should be in and by what timeline they should be in to fully utilize SOFAD? The answers to these questions point to Q1 or 2012 as the latest by which any BTM must occur.
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.
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Q let me explain this in greater detail.
- In September 2011 there are no quarterly restrictions in place so BTM could be as large as this years SOFAD to have a good buffer.
- Today we have had 2 inputs a) EB2 investor via b) I140 premium for Eb1. Both these factors especially the premium processing will give a huge boost to Eb1 processing. With this Q1 may not yield Eb1 SOFAD because of the backlog and newer cases coming much faster.
- Now it may only be in Q2 that some SOFAD is generated, refer to Specs analogy I think it may be fair to say that this was a 9 month year for Eb1 and next year may well be a 15 month year because of the I140 acceleration. So even at the end of Q2 we may not have that large a SOFAD, Eb1 using most of its cap.
- Probably by May there will be BTM it will be further diminished by porting as newer cases will come in. We have seen that newly filed cases are getting approved in 4 months almost consistently so May is really not late.
So in theory its really Sep 2011 or May 2012 (Diminished BTM). Also if 20K is the lower end of SOFAD expected next year then BTM if it happens in May when DOS has all the visibility may not be much. The push on I140 is good for all EB1 applicants happening at a very bad time atleast for SOFAD, we should accept it as part of streamlining and improvement though.
this didnt gain much ground but this idea was floated a couple of years ago. See the story on NPR http://www.npr.org/templates/story/s...ryId=103769788
Teddy
Thanks. I dont disagree w all these things. But try working with numbers and work it backwords starting with 2012 spillover season.
Even if we go with 20K sofad calculations will look as follows:
20 k = leftover till Aug 2007 + pwmb + porting + 2 X M
where M = months beyond and including August
20 = 3 + (3+3) + 2 X M
so M = 5.5 months
That brings us to Mid January 2008
So if USCIS needs to clear a case in January, when should they have that case in? I think India/China and ROW have different standardsfor 485 processing. 6-9 months is minimum. Even if you go with 6 months, it means by end of Q2 i.e. Mar 2012 - Mid Jan 2008 has to be reached.
If USCIS does that then they are left with Zero cases in their hopper in Sep 2012 unless they move another couple of months between May - Sep 2012.
In my judgement they wont move so much on the edge of knife! At all times they would want to maintain a healthy buffer or work in progress inventory. Thats why rather than mid Jan 2008, the movement should at least be till Mar 2008 for EB2IC by Mar 2012.
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.
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T & Q,
This is a really interesting discussion you are having and you are both making extremely valid points.
I did think earlier that, with the numbers getting reasonably close to exhaustion, that September 2011 provided the perfect opportunity to advance the Cut Off Dates (COD) to bring in the next wave of applications.
The signs are that this opportunity is going to be wasted, despite the multiple advantages of doing so. Maybe we will still be surprised.
The fact that there are so many potential cases either just filed or that can be filed as the COD moves through July 2007 does complicate things, especially if we add on potential porting (although I don't think those numbers will be as large as some people suggest).
As for when BTM could happen - April at the earliest seems most likely to me. The reason I say that is that April is the first month of Q3, when the number of visas that can be used jumps from 54% to 81% of the total.
The other alternative would be to pseudo implement a quarterly spillover, something DOS has shied away from to date.
In hindsight, I wonder whether August/September 2008 represented BTM to pull in unfiled cases. The COD eventually moved to August 2006, having been April 2004 in July.
We didn't have Inventories in those days, but the first USCIS Inventories suggest that either large numbers of new cases with 2006 PDs were filed then, or that not many approvals were made for PDs in most of CY2006.
There doesn't appear to have been the prospect of enough visas being available to approve the number of existing cases to the end of July 2006, yet the COD was moved a very long way.
It seems such a wasted opportunity, if it doesn't happen in September. Possibly transparency is not always a good thing. These days we can estimate the numbers left and the Demand Data shows how unlikely there are to be sufficient numbers.
Nonetheless, I still believe the benefits of more transparency far out way any inadvertent down sides.
Last edited by Spectator; 08-03-2011 at 07:59 AM.
Without an irritant, there can be no pearl.
Spec
As always you make some great points.
Let me start with #3. I think that is unlikely. A BTM by deifnition should be quick (and clean). Clean means one that doesn't disrupt FIFO process. Movement in Jul or August hardly fits the bill.
I do like number 1 and before we go there ... let me ask this ... the quarterly numbers you quote ... are they minimum that DoS must do. Or the max DoS could do? Secondly, is it by law or by discretion of DoS? Once we establish that then only we can speak of it intelligently.
As per #2, I think it is extremely hard to achieve this without great coordination between USCIS and DoS in terms of information sharing and policy objectives. I think the 2007 fiasco was a cat and mouse between DoS and USCIS. while data transparency has increased, if I were DoS why would I simply trust the data and run on the edge of knife and then be whacked by congress or whoever for failing to use the quota? I would rather always maintain a healthy buffer of cases w USCIS and make USCIS work hard.
Last edited by qesehmk; 08-03-2011 at 08:13 AM.
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
Q,
Any news from your source, or is it too early to ask? Thanks!
Here is a silver lining if there is no BTM in Sept. If DOS does not build a sufficient pipeline, then we may find ourselves in a situation next Aug/Sept where we have visa numbers available for EB2IC but no qualified 485s to approve. This is a situation similar to 07/07 - either make the category current or increase PD by a long enough margin that CP cases cover the slack. No pipeline would mean a very interesting spillover season next year since I am confident that DOS/USCIS are not going to waste available EB2IC visa numbers - there will be too much hue and cry if that were to happen.
In any event, BTM doesn't really matter - SOFAD does. BTM is just a methodology for accommodating SOFAD. While BTM is important for people currently on the margins of PD since it gives you EAD/AP, it as such does not make any material long term difference to the EB2IC GC prospects.
and how is it that I have a higher reputation score (the green bars) than Q? :-)
Last edited by imdeng; 08-03-2011 at 08:17 AM.
Yes. BTM matters in two ways: 1) it provides people some security w EAD/AC21 etc. 2) It improves the chances that SOFAD Will not be wasted.
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
LoL!! I retrogressed!
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
That is my point - DOS/USCIS will try their best to NOT waste visa numbers - there is too much transparency in numbers to do that these days. So, assuming that visa numbers will not be wasted, no BTM increases the likelihood of something interesting happening next SOFAD season.
If that is the case, DOS/USCIS will take huge intake(probably around mid of 2008) and will make retrogress in Oct. Bulletin.
I do think it was quick and clean. The dates advanced only in August/September 2008 and in October 2008 retrogressed to April 2003.
The fact that very few later cases appear to have been approved tends to say that FIFO was not disrupted. Rather, it was a ploy to allow filing. Maybe we differ on the definition of quick.
Really good questions. Answers in reverse order.I do like number 1 and before we go there ... let me ask this ... the quarterly numbers you quote ... are they minimum that DoS must do. Or the max DoS could do? Secondly, is it by law or by discretion of DoS? Once we establish that then only we can speak of it intelligently.
It is the law, as laid down in the INA. INA 201 (a)(2) says:
It represents a maximum and there is no corresponding minimum that must be allocated. The maximum is calculated on the total EB allocation and does not have to be prorated for individual Categories or Countries.INA: ACT 201 - WORLDWIDE LEVEL OF IMMIGRATION
Sec. 201. [8 U.S.C. 1151]
(a) In general. - Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to-
(2) employment-based immigrants described in section 203(b) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(b) ), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;
I agree. Ultimately, if USCIS request more visas than are available, DOS can stop issuing them. By all accounts, that happened last year in FB and the full quota was exhausted 2 weeks before the end of the FY. You won't find any disagreement from me on this point. I absolutely think they should have BTM in September.As per #2, I think it is extremely hard to achieve this without great coordination between USCIS and DoS in terms of information sharing and policy objectives. I think the 2007 fiasco was a cat and mouse between DoS and USCIS. while data transparency has increased, if I were DoS why would I simply trust the data and run on the edge of knife and then be whacked by congress or whoever for failing to use the quota? I would rather always maintain a healthy buffer of cases w USCIS and make USCIS work hard.
Without an irritant, there can be no pearl.
imdeng,
Good post.
A very good summation of what would have to happen in that situation. You clearly understand the ramifications of such a situation.
Making it Current or advancing a very long way at the end of the year would not generate any extra approvals and the visas would be wasted anyway.
I agree that DOS/USCIS will not allow that situation to happen. It would, in an instant, undo all the bridge building since 2007. I would imagine that DOS do now consult with USCIS on what production is possible.
I think that USCIS are quite capable of processing I-485 consistently in 4 months (or less) given the right motivation, so movement of COD in April/May gives enough time. As Q says, I think DOS would build some buffer into the numbers.
Movement in September 2011 would make these problems completely moot, which is why I had hoped for it so much.
Without an irritant, there can be no pearl.
From Rajiv Khanna's blog on Entrepreneur Visa
"In response to stakeholder feedback, USCIS has also updated existing FAQs to clarify that an H-1B beneficiary who is the sole owner of the petitioning company may establish a valid employer-employee relationship for the purposes of qualifying for an H-1B nonimmigrant visa – which is used by U.S. businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as science, engineering, and computer programming."
I hope they can BTM in September, but I doubt it.
Mr.CO does not want to build a pipeline and he wants to wait for the last minute to do it.
I will not be surprised if Mr.CO builds the pipeline in the last month.
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