EB2 Predictions (Rather Calculations) - 2011

[nnnnnn123]

oh ok.. i am extending my H1b beyond 5 years for 3 year extension using my approved 140. will my spouse get EAD?

NO , It is for the people who have to use AC21 law to extend their H1b beyond 6 years ( i.e, spouses are eligible for EAD if the H1b holder has Labor or I140 cleared)

[doctorp]

here is the correct link, it seems like it is in initial stages
http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB92

[skpanda]

Not so soon..It will take some time... if at all this happens.

This is still in 'Proposed Rule Stage'
http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB92


The NPRM (Notice of Proposed Rule Making) is set for March 2012. Not necessarily that this time line will be met. It may get postponed as well. Worst Case, White house may not allow DHS/USCIS to go further on this rule (especially in this current economic situation and unemployment rate).


Assuming White House gives a go ahead on this rule by March 2012, there will be a comment period (public). After that there is no defined process/timeline (atleast as of now) for this to reach the Final Rule Stage. It may take its own sweet time (months/years).

Therefore....

Yes... this is a good initiative but I would be cautiously optimistic about this. I would not rely on this to make any decisions. This may take atleast 1 year to go thru (if at all it goes thru). Sorry if my statements hurt somebody... but just stated some observations.

if this happens ...it will be little bit of relief as only one of us need to go through this H1b extension tension in family...and finding jobs with an EAD is better than H1b

[Spectator]

Guys, did any one see this...
http://www.reginfo.gov/public/do/eAg...&RIN=1615-AA53

It looks like this is the final stage... a lot of people will benefit, if this becomes effective


Title: Nonimmigrant Classes; Spouses and Children of Lawful Permanent Residents; V Classification
Abstract: Section 1102 of the LIFE Act of 2000 amends the Immigration and Nationality Act to create a new nonimmigrant classification V for the spouses and children of lawful permanent residents awaiting the availability of an immigrant visa number in the appropriate preference category in accordance with the State Department's monthly Visa Bulletin. Eligible spouses and children of lawful permanent residents residing abroad that obtain the V nonimmigrant visa from the Department of State may work and reside in the United States on the basis of the V classification until they can apply for adjustment of status to that of lawful permanent resident. Certain eligible spouses and children of lawful permanent residents already present in the United States may be granted V classification until they can apply to adjust status to that of lawful permanent resident.

familyguy,

From what I can tell, this only applies to people that have an approved I-130 under F2A (even then it was highly restrictive because the I-130 had to be filed before Dec 31, 2000), so is inapplicable to EB cases.

The original rule was proposed in 2001 http://www.gpo.gov/fdsys/pkg/FR-2001...151.pdf#page=1 In it is seems to say it is only applicable to F2A in several places, most notably in the eligibility section.

Who Is Eligible for V Nonimmigrant Status?

To be eligible for V nonimmigrant status, the alien must be the beneficiary of an immigrant visa petition, Form I–130, Petition for Alien Relative, that was filed by the LPR on or before December 21, 2000, under the F2A preference category of section 203(a)(2)(A) of the Act (8 U.S.C. 1153(a)(2)(A)). The child of a petitioned-for spouse or child beneficiary is also eligible for such status if he or she is accompanying or following to join such an alien.

The alien is eligible for V status if the Form I–130 immigrant visa petition has been pending for 3 years or more. In addition, the alien is eligible for V status after the visa petition has been approved and 3 years have passed since the date of filing, in either of the following circumstances:

(1) An immigrant visa number is not yet available to the beneficiary; or
(2) If an immigrant visa number is available to the beneficiary, his or her application for an immigrant visa abroad or application for adjustment of status under section 245 of the Act (8 U.S.C. 1255) is still pending.

An eligible spouse of an LPR will be classified as V–1. An eligible child of an LPR will be classified as V–2. The child of either, if eligible to accompany or follow to join the principal alien under section 203(d) of the Act (8 U.S.C. 1153(d)), will be classified as V–3.

An alien eligible for V nonimmigrant status may apply for a V nonimmigrant visa at a consular office abroad or, if the alien is already in the United States, he or she may apply to the Service for classification as a V nonimmigrant. An alien in V nonimmigrant status in the United States may obtain employment authorization.

Section 203(a) is FB and (2)(A) refers to F2A.

It's a bit of a tortuous read, but I think I have interpreted it correctly.

It would provide needed relief, given the level of retrogression, if it was more widely available.

[skpanda]

Spec...please see post #6488 for the right link for the proposed rule for H4s.

familyguy,

From what I can tell, this only applies to people that have an approved I-130 under F2A (even then it was highly restrictive because the I-130 had to be filed before Dec 31, 2000), so is inapplicable to EB cases.

The original rule was proposed in 2001 http://www.gpo.gov/fdsys/pkg/FR-2001...151.pdf#page=1 In it is seems to say it is only applicable to F2A in several places, most notably in the eligibility section.



Section 203(a) is FB and (2)(A) refers to F2A.

It's a bit of a tortuous read, but I think I have interpreted it correctly.

It would provide needed relief, given the level of retrogression, if it was more widely available.

[familyguy]

Spec,
Thanks for clarifying that..

familyguy,

From what I can tell, this only applies to people that have an approved I-130 under F2A (even then it was highly restrictive because the I-130 had to be filed before Dec 31, 2000), so is inapplicable to EB cases.

It would provide needed relief, given the level of retrogression, if it was more widely available.

[qesehmk]

Congrats Q !!!
Can you explain the procedure to write to a senator about your case ?
I am current now and am taking an InfoPass next week to en-quire about my case status.
But wanted to get ready in case InfoPass yields nothing new.
Thanks !!

Someone also asked for this. I have posted it on a separate thread at http://www.qesehmk.org/forums/showth...=7358#post7358

I have also moved all congratulatory comments and responses so as to not create distraction from this thread.

skpanda, I am starting to believe more in this now. So then two observations:
1. They realize SO more, need pipeline, late in the game, leading to Current for EB2 and SO to EB3 ROW. Good for bigger picture because lots of guys get EAD/AP.
2. They realize SO more, need pipeline, early in the game, leading to BTM/UFM, and few people get guaranteed GC, and a few get EAD, and very less SO to EB3 ROW.

Of course these are just two hypothetical situations out of a myriad of scenarios.

Nishant we must also consider a few more - pessimistic ones - though.
They realize SO more, can't build pipeline, visas get wasted.
They realize SO less than 10K, don't need to build pipeline. (This could happen when EB1 and ROW's contribution is zero or even negative.)
For both of these the probability is probably 5% each.

All , wanted to let you know that my friend with PD : 04-Apr-2007 got his approval today.I am newbie to this thread, but have been reading the forum comments for a very long time. Thank you all for your contribution.
Congrats Q-----------

Welcome to forum! Thanks!

congrats Q.
A question to all. I got a copy of my I-140 and can see the A-XXXX number, but could not find it in the FLC Datacenter. Also I tracked the SRC number for I-140 at USCIS earlier when it was filed and it showed that it was approved. So what is the way to check the A-xxxx number is correct or not and also get the PD date. It has a date when the labor was filed listed but I am not sure if that should be considered the PD date?
Thanks for the answers.

The date of labor listed is your PD. I would've said just call USCIS to confirm, but then I realized I-140 is not an application YOU made. This is the application that your company made. But if you are willing to take chances, call USCIS. Do you think your company will give you false information?

[skpanda]

I know... i can feel the pain.. If this rule passes.. my family will benefit right away.

Yes skpanda , it hurts .

[JJcalifornian]

Recapture of PD on I140 after revocation

Seeking opinion from Gurus and experts.

I'm on 4th year on H1B I140 got approved through a consultant with PD jan2009, based on recent VB's this would get current in SEPT2014. If I move out, my employer will revoke my I140 due to the fact that they have to follow some best practices. I'm aware about recapturing I140 PD even after it gets revoked. - more details http://www.trackitt.com/forum/viewDi...page/last_page -

I'm thinking to get a permanent job by early 2012, even if they start GC processing after a year, I wouldn't loose anything as my PD get's current only in 2014, moreover who ever is the employer if they want me to work for them they have to do GC processing since I have visa for only 3 more years.

Now -- what are the chances of legislative solutions for the visa backlog ? Recently both parties are talking about highly skilled immigration reform, do they make it happen anytime soon by keeping CIR aside?

[Spectator]

Spec...please see post #6488 for the right link for the proposed rule for H4s.

skpanda,

I wasn't commenting about the h4 proposal.

I was answering familyguys' post.

[mesan123]

Hi Q...

thank you...i am able to login now yipee

[qesehmk]

Regardless legislative solution you should get your GC by 2014 as long as you retain your PD.
My understanding is that as long as 140 was approved at some point of time, the labor date sticks to you. So doesn't matter if 140 is revoked. You can carry the PD to next GC application.

Other folks pls correct if wrong.

Recapture of PD on I140 after revocation

Seeking opinion from Gurus and experts.

I'm on 4th year on H1B I140 got approved through a consultant with PD jan2009, based on recent VB's this would get current in SEPT2014. If I move out, my employer will revoke my I140 due to the fact that they have to follow some best practices. I'm aware about recapturing I140 PD even after it gets revoked. - more details http://www.trackitt.com/forum/viewDi...page/last_page -

I'm thinking to get a permanent job by early 2012, even if they start GC processing after a year, I wouldn't loose anything as my PD get's current only in 2014, moreover who ever is the employer if they want me to work for them they have to do GC processing since I have visa for only 3 more years.

Now -- what are the chances of legislative solutions for the visa backlog ? Recently both parties are talking about highly skilled immigration reform, do they make it happen anytime soon by keeping CIR aside?

[rdsingh79]

Actually once a NPRM (proposed rule) is published in Federal Register, there is 60 days mandatory public comment period. Based on the feedback, agencies are free to publish the final rule anytime. So it all depends on how hard a agency is willing to push itself (or how hard the stakeholders can push the agency to finalize the rule). If the H1 immigrant community can organize and push USCIS, it is possible to have this regulation in effect year. This is a huge deal for EB2/3 IC folks (H1B) who are not able to file for I-485 due to backlog.

Not so soon..It will take some time... if at all this happens.

This is still in 'Proposed Rule Stage'
http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB92


The NPRM (Notice of Proposed Rule Making) is set for March 2012. Not necessarily that this time line will be met. It may get postponed as well. Worst Case, White house may not allow DHS/USCIS to go further on this rule (especially in this current economic situation and unemployment rate).


Assuming White House gives a go ahead on this rule by March 2012, there will be a comment period (public). After that there is no defined process/timeline (atleast as of now) for this to reach the Final Rule Stage. It may take its own sweet time (months/years).

Therefore....

Yes... this is a good initiative but I would be cautiously optimistic about this. I would not rely on this to make any decisions. This may take atleast 1 year to go thru (if at all it goes thru). Sorry if my statements hurt somebody... but just stated some observations.

[rahil1]

Actually once a NPRM (proposed rule) is published in Federal Register, there is 60 days mandatory public comment period. Based on the feedback, agencies are free to publish the final rule anytime. So it all depends on how hard a agency is willing to push itself (or how hard the stakeholders can push the agency to finalize the rule). If the H1 immigrant community can organize and push USCIS, it is possible to have this regulation in effect year. This is a huge deal for EB2/3 IC folks (H1B) who are not able to file for I-485 due to backlog.

It is only for dependents whose primary has already filed 485. Its not for all H4's

[soggadu]

Recapture of PD on I140 after revocation

Seeking opinion from Gurus and experts.

I'm on 4th year on H1B I140 got approved through a consultant with PD jan2009, based on recent VB's this would get current in SEPT2014. If I move out, my employer will revoke my I140 due to the fact that they have to follow some best practices. I'm aware about recapturing I140 PD even after it gets revoked. - more details http://www.trackitt.com/forum/viewDi...page/last_page -

I'm thinking to get a permanent job by early 2012, even if they start GC processing after a year, I wouldn't loose anything as my PD get's current only in 2014, moreover who ever is the employer if they want me to work for them they have to do GC processing since I have visa for only 3 more years.

Now -- what are the chances of legislative solutions for the visa backlog ? Recently both parties are talking about highly skilled immigration reform, do they make it happen anytime soon by keeping CIR aside?

JJ... It is a billion zillion dollar question on everybdy's minds now a days... also keep in mind that the election yr is 2012 and that might be one of the reasons everyone is so mushi mushi abt legal immigration and all... No one can really answer your question directly, not even the highest authority...

also, i remind you not to make any life changing decisions basing on future legislative actions that may or may not happen at all.... In my experience, in this country only those immigrants have made it big... who have kept immigration and career separately... yes it can be done with planning... my take on this...

[RRRRRR]

Hi Q / JJCalifornian,

I think this is a great question as I am not aware of this situation. I also have an approved I-140 and have been thinking to move out of USA and come back later and was not aware of the fact that we can use the old priority date. Is there a time limit attached to it i mean how long one can stay out of USA before restarting your GC process in order to retain the old priority date.
I do have a copy of my approved I-140 and not sure if something else is needed for this.

HI JJcalifornian,

The trackitt link provided by you is not working, i am not sure if we need to consult a lawyer in that case or is that something you have already done.

Thanks

[skpanda]

Why do you think so?

From the rule:

"The Department of Homeland Security (DHS) proposes to amend its regulations by extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). "

This for me means, people who have used AC21 to extend their H1B beyond 6 years (not necessarily they have filed for 485). FYI One of AC21's significant advantage was for people to extens H1B beyond 6 years, provided their I140 has been applied 1 year before completion of 6 years OR I140 is approved.

It is only for dependents whose primary has already filed 485. Its not for all H4's

[ssvp22]

This for me means, people who have used AC21 to extend their H1B beyond 6 years (not necessarily they have filed for 485). FYI One of AC21's significant advantage was for people to extens H1B beyond 6 years, provided their I140 has been applied 1 year before completion of 6 years OR I140 is approved.

Can anyone confirm this statement?

[skpanda]

Source 1:

See point 1:
http://www.murthy.com/news/UDac21up.html

Can anyone confirm this statement?

Source 2:
http://thevisabulletin.com/2008/01/7...scis-guidance/

[gchopeful123]

Agree with skpanda... AC21 has various provisions. It is not restricted to providing benefit of changing jobs 6 months after filing I-485. Anyone who is using Labor and I-140 for H1B extension after 6 year limit is essentially using AC21.

Why do you think so?

From the rule:

"The Department of Homeland Security (DHS) proposes to amend its regulations by extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). "

This for me means, people who have used AC21 to extend their H1B beyond 6 years (not necessarily they have filed for 485). FYI One of AC21's significant advantage was for people to extens H1B beyond 6 years, provided their I140 has been applied 1 year before completion of 6 years OR I140 is approved.

[ssvp22]

See point 1:
http://www.murthy.com/news/UDac21up.html

Thank you for the update. Since the rule is on the "Proposed Rule Stage", i think it will be a while before it ever gets published as a rule - http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf

[ssvp22]

Thank you for the update. Since the rule is on the "Proposed Rule Stage", i think it will be a while before it ever gets published as a rule - http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf

Maybe someone can email Kevin(kevin.bazaire@dhs.gov) from http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB92 about the progress on the rule.

[memk26]

Agree with skpanda... AC21 has various provisions. It is not restricted to providing benefit of changing jobs 6 months after filing I-485. Anyone who is using Labor and I-140 for H1B extension after 6 year limit is essentially using AC21.

Thats what I also read from this article, anyone in EB category who uses h1 ext using Labor/I140 beyond 6 year their spouse would be eligible for EAD. But this is proposed..lets not discuss much about this now

[skpanda]

I thought of that and also calling (202 272-8107).. but realized it may not do any good. These things go at their own pace. Better to leave it as it is and not draw any attention.. otherwise.. Anti immigration folks will start opposing this saying extra people with EADs.. loss of jobs...blah blah.

Maybe someone can email Kevin(kevin.bazaire@dhs.gov) from http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB92 about the progress on the rule.

[srimurthy]

The date of labor listed is your PD. I would've said just call USCIS to confirm, but then I realized I-140 is not an application YOU made. This is the application that your company made. But if you are willing to take chances, call USCIS. Do you think your company will give you false information?

Thanks for the response.
Assuming the worst they may share false info, thats the reason I am trying to gather as much as I can. But chances are less, since I got a copy of the notice when I-140 was filed and I tracked the SRC number. Also now I got a complete set of six odd pages that have details of the I-140 when it was filed for me and the dependents. I was only checking how current the FLCDataCenter is and also ensuring that I have all info.