EB2 Predictions (Rather Calculations) - 2011

[qesehmk]

Another simple thing you can do is - track the status of 140 on USCIS's website. That will confirm approval or current status.

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.

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

JJC I think the safest time to port PD is 6 months after filing 485.

Another safe thing is when you change jobs amicably and prior employer doesn't revoke 140.

The following case is GREY!
1. I-140 is approved
2. 485 not yet filed.
3. Employer withdraws I-140
4. You switch jobs and try to recapture PD

Grey because USCIS does say that PD will be retained unless 140 was withdrawn because of fraud or misrepresentation. However sometimes interpretation changes and you need a good lawyer not just with brains but skills to negotiate with USCIS on why PD should be retained.

Remember law as writtten or intended is FINALLY interpreted by mere mortals. And interpreting law in your or my favor is NOT their first priority!!!

[RRRRRR]

Another simple thing you can do is - track the status of 140 on USCIS's website. That will confirm approval or current status.





JJC I think the safest time to port PD is 6 months after filing 485.

Another safe thing is when you change jobs amicably and prior employer doesn't revoke 140.

The following case is GREY!
1. I-140 is approved
2. 485 not yet filed.
3. Employer withdraws I-140
4. You switch jobs and try to recapture PD

Grey because USCIS does say that PD will be retained unless 140 was withdrawn because of fraud or misrepresentation. However sometimes interpretation changes and you need a good lawyer not just with brains but skills to negotiate with USCIS on why PD should be retained.

Remember law as writtten or intended is FINALLY interpreted by mere mortals. And interpreting law in your or my favor is NOT their first priority!!!

Hi Q,

Thanks for your response, i agree with you it might or might not be possible to keep the old PD date if you just have a approved I-140. Things are straight forward if you have an approved I140 with 485 pending for more then 180 days.

So i guess in my case(have approved I140 and have not filed 485) it depends on my current employer, if they withdraw the I-140 then it can go either way once i re-start my GC with other employer at a later stage. I guess by law they are not required to withdraw the I140, i mean it is not the same as H1B since I140 is for future employment and company may retain the I140 for certain period, but again it depends on companies policy which may change over a period of time.

Thanks once again

[rdsingh79]

skpanda,
You are correct. Section 104(c) of AC21 Act applies to folks who are beyond their normal 6 yrs H1B limit and cannot apply for adjustment of status (due to unavailable immigrant visa numbers). So this new rule should be helpful to lots of folks who are waiting to file for I-485.

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.

[qesehmk]

Sure. Given that USCIS has now disallowed labor substitution, the employer has no use of the labor or 140 should the employee leave.
Plus the employer has to pay the lawyer to even withdraw 140. So generally if you leave amicably, you should expect to retain PD.

Even otherwise you could as I said but then its a matter of chance!

Hi Q,

Thanks for your response, i agree with you it might or might not be possible to keep the old PD date if you just have a approved I-140. Things are straight forward if you have an approved I140 with 485 pending for more then 180 days.

So i guess in my case(have approved I140 and have not filed 485) it depends on my current employer, if they withdraw the I-140 then it can go either way once i re-start my GC with other employer at a later stage. I guess by law they are not required to withdraw the I140, i mean it is not the same as H1B since I140 is for future employment and company may retain the I140 for certain period, but again it depends on companies policy which may change over a period of time.

Thanks once again

[shreyasai2004]

Hi Gurus,

I have one quick question. I don't have any documents or related information about my Green card process. My employer told me that it is company policy not provide any documents and information to employee. How can I get copies of my documents like approved I-140 and PERM ceritificate. Because first my employer told me that my PD is XX-XX-XXXX now he was saying different date. Now I am suspecting that he was started or not my GC. Let me know how can I get my documents from USCIS. I don't have any information about my GC process. I heared that we can submit G-639 form to get all information but in G-639 form they are asking petition cliam or receipt number and alien registration number. I don't have any information about that. Please let me know what exact information we need to provide to get my documents.


Thanks Gurus in advance for providing information.

[Wiscdude]

Hello every one,

My priority date is 23rd sep 2007, EB2 india. Could anyone predict when could i file 485 & be greened???


Thanks,
Wisc...

[RRRRRR]

Hello every one,

My priority date is 23rd sep 2007, EB2 india. Could anyone predict when could i file 485 & be greened???


Thanks,
Wisc...

Hi Wisc,

It is hard to predict but based on the figures posted by the senior members you might be able to file it somewhere between Q1-Q2/2012 and definitely before Sep 2012.

It all depends on the SOFAD which we will receive from Eb1 and Eb2 ROW which in turn is dependent on economy and other factors.

Hope this will help.

[Wiscdude]

Thank you very much RRRRR..

[manipur]

Gurus Can we find out if there is a chance of Quarterly spillover.They have already taken one step by starting the spillover before Q4.

[JJcalifornian]

Thanks much Q,RR,Soggadu,

I agree to some part of it, I was trying to find the options for so long, if you consult a lawyer, in most cases they would say - yes, it's possible - and when you face the situation, things can go wrong, they can wash their hands by telling " Sorry I didn't think about it, oh I missed it blah blah" Here I see real experiences of people and one guy tried 5 times to recapture PD finally he got approved in 6th time. As Q said it depends on the lawyers ability and the service center you are requesting.

The pain, frustration, making $30-40K/yr less than market rate for years, makes me to think of taking the risk.Only thing if for some reason they changed the laws and open up for every one then I would be part of next PWMB.

Here I'm copying the trackitt link again http://www.trackitt.com/usa-discussi...aptured/page/1 or you can search the string
" i 140 approved but priority date was not recaptured" on trackitt

Sorry for taking you away from calculations, this thread is intended for...

[leo07]

Realistically, you must be prepared to file for AOS in the months of July-August-September of 2012. Please plan accordingly. anything before that is a miracle. My PD:June 8th 2007, I'm mentally preparing myself for the same period, just as FYI

Good Luck.

Hello every one,

My priority date is 23rd sep 2007, EB2 india. Could anyone predict when could i file 485 & be greened???


Thanks,
Wisc...

[Reader]

My priority date is 12/12/2007 and I was very confident that I will be able to apply 485 latest by September 2012. Now after seeing the last bulletin and various statistics in this thread showing the backlog, it looks like I could be in the border of missing 2012 and wait for the following year 2013’s spillover season. Is that a fair assumption or being too pessimistic?

Realistically, you must be prepared to file for AOS in the months of July-August-September of 2012. Please plan accordingly. anything before that is a miracle. My PD:June 8th 2007, I'm mentally preparing myself for the same period, just as FYI

Good Luck.

[qesehmk]

That certainly is pessimistic. But I wouldn't blame your pessimism given how you may have felt robbed off the same opportunty this year itelf.

Another thing to remember is that regardless when you file, the time to greencard doesn't get affected much when compared with people who are around your PD.

So e.g. people who missed 2007 boat are still getting their GCs immediate ly when they are able to file 485.

My priority date is 12/12/2007 and I was very confident that I will be able to apply 485 latest by September 2012. Now after seeing the last bulletin and various statistics in this thread showing the backlog, it looks like I could be in the border of missing 2012 and wait for the following year 2013’s spillover season. Is that a fair assumption or being too pessimistic?

[cbpds1]

I think we should think the American way, what does it take for us to port from EB2 to EB1 instead of waiting endlessly

just my thought, havent found an answer though

That certainly is pessimistic. But I wouldn't blame your pessimism given how you may have felt robbed off the same opportunty this year itelf.

Another thing to remember is that regardless when you file, the time to greencard doesn't get affected much when compared with people who are around your PD.

So e.g. people who missed 2007 boat are still getting their GCs immediate ly when they are able to file 485.

[qblogfan]

The major difference is that:

PWMB people didn't have EAD/AP in the past 4-5 years and EAD/AP means minimum to these PWMB folks.

The people who caught the bus of 2007, they have been enjoying the freedom and benefits for 4-5 years.

If MR.CO does not BTM, people after 2007 will not enjoy the benefits of EAD/AP too much because he will wait for the last moment to move VB.

EAD/AP will not benefit the folks after 2007.

That certainly is pessimistic. But I wouldn't blame your pessimism given how you may have felt robbed off the same opportunty this year itelf.

Another thing to remember is that regardless when you file, the time to greencard doesn't get affected much when compared with people who are around your PD.

So e.g. people who missed 2007 boat are still getting their GCs immediate ly when they are able to file 485.

[cbpds1]

Maybe CO is been provided with a new policy to contrain us folks as much as possible(akin to the H1 stamping model), in order to flush out H1 folks out of the country......I see it as a govt policy , CO is just the face of it.

H1 petition, Labor/140 --> less hurdles --> Funds to the govt
H1 stamping , EAD-->GC --> implement policy, block --> Less fees to be received.

The major difference is that:

PWMB people didn't have EAD/AP in the past 4-5 years and EAD/AP means minimum to these PWMB folks.

The people who caught the bus of 2007, they have been enjoying the freedom and benefits for 4-5 years.

If MR.CO does not BTM, people after 2007 will not enjoy the benefits of EAD/AP too much because he will wait for the last moment to move VB.

EAD/AP will not benefit the folks after 2007.

[qesehmk]

That would indeed be a very good outcome for anybody.

I think we should think the American way, what does it take for us to port from EB2 to EB1 instead of waiting endlessly

I completely agree with this. Exactly what I have always said.

The major difference is that:
PWMB people didn't have EAD/AP in the past 4-5 years and EAD/AP means minimum to these PWMB folks.
The people who caught the bus of 2007, they have been enjoying the freedom and benefits for 4-5 years.

If MR.CO does not BTM, people after 2007 will not enjoy the benefits of EAD/AP too much because he will wait for the last moment to move VB.

EAD/AP will not benefit the folks after 2007.

[ssvp22]

Maybe CO is been provided with a new policy to contrain us folks as much as possible(akin to the H1 stamping model), in order to flush out H1 folks out of the country......I see it as a govt policy , CO is just the face of it.

H1 petition, Labor/140 --> less hurdles --> Funds to the govt
H1 stamping , EAD-->GC --> implement policy, block --> Less fees to be received.

I agree with this, especially if you look at the big way INS has come after contracting companies by finding all kind of loopholes in the H1 petition process. Big Co immigrants were screwed anyway when they do layoffs, which happens ever 3-4 years as part of the recession. So, if GC cycle is made 2+5 years(2 years before company files and 5 years it takes for approval), INS is pretty much making sure that very few from India, China survive the process. As compared to this people from Mongolia and Nepal get their GC in 1 year. No doubt debt is at $14 trillion.

[superdesi2100]

The major difference is that:

PWMB people didn't have EAD/AP in the past 4-5 years and EAD/AP means minimum to these PWMB folks.

The people who caught the bus of 2007, they have been enjoying the freedom and benefits for 4-5 years.

If MR.CO does not BTM, people after 2007 will not enjoy the benefits of EAD/AP too much because he will wait for the last moment to move VB.

EAD/AP will not benefit the folks after 2007.

Man, I understand your pain. I was one of the few lucky ones to barely made it during July 2007 fiasco. My labor was filed on 5/30/07. I had our HR check status of my labor everyday after DOS made all categories current.

My Labor status changed to certified at about 2:30pm on 8/15/07. It showed pending in the morning the same day. I called my lawyer and asked him if this gives us enough time to file I-140 and I-485 by 8/17/11. The lawyer stayed in his office until 9:00pm that night for me. He and I completed all the documents and I emailed those to my company's president for signature. My company's president signed the documents and personally carried them to my lawyer's office on 8/16/11 (this is significant because I am the the first and only person sponsored by my company so far and my company's president doesn't even fax any document himself). I work in a satellite office of my company in a different state. I sent my documents by FedEx same day delivery to my lawyer's office on 8/16/11. The lawyer assembled everything on 8/16/11 and overnighted the package to USCIS for 8/17/11 delivery.

My life has been significantly better since then. My wife has been working full time because she got an EAD and it has improved our financial condition quite a bit.

I personally think that if a person has an approved I-140, he or she should be issued an EAD no matter what. EAD has nothing to do with green card. USCIS can issue a green card when the priority date becomes current. Mean while the person can continue to work with EAD.

Be patient man - your day will come too...

[Wiscdude]

Thanks Leo.

[valuablehurdle]

My concern is that the dates should not retrogress in the coming months.
If I understand correctly... If the backlog before April 15th is cleared, the dates will not retrogress in the subsequent months. Right? Guru's can you please educate me of this....

[gc_usa]

My concern is that the dates should not retrogress in the coming months.
If I understand correctly... If the backlog before April 15th is cleared, the dates will not retrogress in the subsequent months. Right? Guru's can you please educate me of this....

It may or may not retro. if Porting and PWMB demand is more than what DOS allocate then it can retro. Assume that demand come 800 and DOS allocate only 700 out of 2800 then it will retro but to prevent retro CO can allocated 800. But again if at some point if demand exceeds 2800 before spill over starts date will retro.

[veni001]

My concern is that the dates should not retrogress in the coming months.
If I understand correctly... If the backlog before April 15th is cleared, the dates will not retrogress in the subsequent months. Right? Guru's can you please educate me of this....

valuablehurdle,

Based on FY2010 trending, unless documentarily qualified porting numbers (EB3I-->EB2I) are more than 500 per month EB2I should stay at 15APR2007 until some spillover numbers are made available.

On the otherhand EB2C should see at-least two week forward movement every month starting October Bulletin.

[qblogfan]

Thanks for your kind words!

All the folks after 2007 have the same wish: get EAD/AP one year or two years earlier.

Originally I thought BTM would make our dreams come true, but the cold blooded sep. VB killed this dream again.

Man, I understand your pain. I was one of the few lucky ones to barely made it during July 2007 fiasco. My labor was filed on 5/30/07. I had our HR check status of my labor everyday after DOS made all categories current.

My Labor status changed to certified at about 2:30pm on 8/15/07. It showed pending in the morning the same day. I called my lawyer and asked him if this gives us enough time to file I-140 and I-485 by 8/17/11. The lawyer stayed in his office until 9:00pm that night for me. He and I completed all the documents and I emailed those to my company's president for signature. My company's president signed the documents and personally carried them to my lawyer's office on 8/16/11 (this is significant because I am the the first and only person sponsored by my company so far and my company's president doesn't even fax any document himself). I work in a satellite office of my company in a different state. I sent my documents by FedEx same day delivery to my lawyer's office on 8/16/11. The lawyer assembled everything on 8/16/11 and overnighted the package to USCIS for 8/17/11 delivery.

My life has been significantly better since then. My wife has been working full time because she got an EAD and it has improved our financial condition quite a bit.

I personally think that if a person has an approved I-140, he or she should be issued an EAD no matter what. EAD has nothing to do with green card. USCIS can issue a green card when the priority date becomes current. Mean while the person can continue to work with EAD.

Be patient man - your day will come too...

[bieber]

Veni

Thanks for updating the 140 and Eb1 calculations thread, I still don't get that how the 16894 eb1 receipts for fy2010 (which was published from AILA recently) is derived from the total receipts and perm approvals. (even with 2 month lag)

There are couple of typos/errors (not sure)
Total fy2011 eb1 receipts are 13794, but you have 14092
Total 140 receipts for fy2010 are 77320, but you have 77280

not a big number difference though