EB2 Predictions (Rather Calculations) - 2011

[PBTEXAS]

Hi qblogfan, nishant, qeshmk and other active members,

I have been avid reader of the discussion that you present on this forum with the insight to how the date will progress in visa bulletin in coming months. I have some fear in mind about GC approval and would like to know your thoughts on same.

Priority Date: July 5, 2007
Country: India
Filed In: EB2 Category

My previous company filed LC/I-140 and I-485 during July 2007 fiasco. I-140 got approved in 2009 and in September 2010, I moved to Company B. Did send AC 21 documentation to USCIS soon after joining new company through company lawyer. Never saw an update on the status check website of USCIS and nor received an RFE till date on the same. I would like to know what are the possible scenarios so that I be well equipped in case things go out of control. I thank you all for valuable information and understanding the nature of the problem the whole EB2/EB3 community is facing (especially India and China). Looking forward to hear from you all.

Best
PBTEXAS

[collhyd]

Dear Gurus of Forum,
Can you now please provide the revised predictions.

Thanks
(My Priority EB2 Feb 28, 2008)

[murali83]

Guys,

Slightly OT question here.

When you file I-485, I know some lawyers ask for all previous 797 approvals and some just the current.

"In my case, I was thinking of switching jobs sometime last year to company B who filed for my H1b and it got approved. But negotiations broke down and I never joined the company B. So I ended up staying with my employer (company A) with whom I will stay for quite some more time even after my GC. I even went to India and got my visa also stamped with my current employer (company A) just recently. So essentially that H1b from company B is just lying in the bin and was never used for any purpose."

My question is do I need to furnish that approved h1b from company B when I file for my 485.

So when my lawyer says that she wants all my past H1 approvals for 485 filing, will just company A's h1 (which she already has) suffice, or do I need to give her this othet h1b from company B also.

[dec2007]

Acquisition after I 140 approved
taking liberty to post my question here...
Friends, any one has experience or know of similar situation as mine.. Would appreciate your thoughts.

my PD is EB2Iec 31, 2007.
I140 approved in July 2008
Acquired by a company in Oct 2008.

My 3 years H1B (beyond 6 years) was approved in may 2011 based on my approved I140.

My pd is getting closer and my concern is if there is anything we need to do, like name change amendments etc.

our company lawyer says no need to do anything. The ownership change was too far up the corporate chain to require reporting and no rights/responsibilities have changed with no change in legal structure of our business.

looking for a second opinion, so that we don't get disappointed after 4 years of waiting.. share your thoughts please. Thanks

[qesehmk]

PBTexas, sit tight. If you filed through lawyer .. you should be safe 99.99%.

My previous company filed LC/I-140 and I-485 during July 2007 fiasco. I-140 got approved in 2009 and in September 2010, I moved to Company B. Did send AC 21 documentation to USCIS soon after joining new company through company lawyer. Never saw an update on the status check website of USCIS and nor received an RFE till date on the same. I would like to know what are the possible scenarios so that I be well equipped in case things go out of control.

PBTEXAS

Guys,

My question is do I need to furnish that approved h1b from company B when I file for my 485.

It's a good idea to provide everything you have including the company B H1. I don't think that no having that information will hurt you. But why take chance. By the way just in case you didn't know you can hold multiple H1s at teh same time.

Acquisition after I 140 approved
taking liberty to post my question here...
Friends, any one has experience or know of similar situation as mine.. Would appreciate your thoughts.

my PD is EB2Iec 31, 2007.
I140 approved in July 2008
Acquired by a company in Oct 2008.

My 3 years H1B (beyond 6 years) was approved in may 2011 based on my approved I140.

My pd is getting closer and my concern is if there is anything we need to do, like name change amendments etc.

our company lawyer says no need to do anything. The ownership change was too far up the corporate chain to require reporting and no rights/responsibilities have changed with no change in legal structure of our business.

looking for a second opinion, so that we don't get disappointed after 4 years of waiting.. share your thoughts please. Thanks

I would've thought the same and your company lawyer confirms it.

[qesehmk]

Agree. I don't buy that either. But as I said many times ... the law is like two lines drawn on the side of the road. These guys can tresspass these lines a little bit here and there. But even then they can claim to be within the framework of the law.

Q,
Doesn't it mean that CO (or whoever it is) can do whatever he wants to do no matter what the rules or precedents say? (interpret the rules in the way he wants to)
Unusually high demand for EB1 EB2ROW showing up all in a sudden - I don't buy this story. I believe it is something made up. I can't prove it, but it is something they are saying to cover up something.
postponing trip - guess there are plenty such cases! Family can't go either from this year because dependent visa is also now processed like primary H1b.

[qesehmk]

Even if you have an approved GC and H1 gets cancelled ... I don't think legally the officer can deport you.

The problem with the immigration officers is that ... they have tremendous powers. Just in case you didn't know they can give you a visa on arrival if they like you!!! So my understanding is that an immigration officer can deny an entry on ANY ground he/she pleases. The only people whom they can't deny entry is citizens.

So if you are holding GC for 9 years and 364 days and have a citizenship appt scheduled the next day ... you could still be unfortunate enough to be denied entry into the US using your GC.

Thanks Q. Appreciate your response buddy. That 20% chance of approval while I am still abroad is what got me thinking about this issue. The company itself is a multinational European company and a leader in its field. But I would not be surprised if the immigration officer at port of entry does not know about the company.

About Fraud - I wish I had done some fraud. I wouldn't have waited for 13 years to file 485. But no such luck

Cheers.

[krishnav]

krishnav,

Since the new applications (PWMB) will not reflect in demand until Jan 2012, we can not rule out the possibility of BTM in the next two visa bulletins.

Any movement afterwords depends on how CO is allocating visas to EB2IC (all FY quota at once, monthly allocations, similar to FY 2010, quarterly spillover .... etc)

Once 485 is filed, getting GC purely depends on processing times and availability of numbers, I personally know people who received GC and EAD on the same day, about 3 months after filing their 485.

In some cases EAD arrived after GC!

Thanks Veni.

[qblogfan]

We also need to remember the innocent people killed by NATO and US army.

Guys ..... lets take a moment to remember those who died in 911 as well as those innocents who died around the world in various wars or terrorist incidents including the Mumbai Trains and Taj Hotel and Paliament in Delhi and many many others.

[qblogfan]

I understand your feelings very well. I have postponed my trip for many times. I was told clearly by the US embassy that I will be checked in my last visa interview. I haven't visited my home for three years. It's a very painful process. I may hold here for one extra year and I will take my trip no matter what the situation is one year later. I wish I can submit 485 in the next summer.

We are under other people's mercy. This feeling is not so great. When we want to travel, we worry about tons of things. When we are bullied in office by the white men, we have to continue to work there. I hope all of us will get freedom soon!

Looks like we can throw out all the prediction algorithms as the CO has just thrown a curve-ball. Feel happy for the guys who can apply for their 485 now. Just imagining what those guys must be going through (mostly relief I guess) makes me look forward to the day when the next batch of guys/ gals become current. For completely selfish reasons, I just hope that the next movement will be for 3 months, taking it to atleast Oct 15, but beyond that is even better because so many 'guru's in the forum have their dates in the second half of October.

Sometimes I feel a bit cheap and am disgusted at myself for postponing India trips just because of the fear of running in to the Great Black Hole of Stamping. Its disgusting because we have to put off the trips for not faults of ours. Anyways, these movements bring hope to so many of us. Hope can sometimes be a cruel thing but let us hope that this hope brings joy to all of us soon.

[qblogfan]

Frankly I don't know the answer. I haven't submitted 485 yet. I hope other gurus can help you.

Hi qblogfan, nishant, qeshmk and other active members,

I have been avid reader of the discussion that you present on this forum with the insight to how the date will progress in visa bulletin in coming months. I have some fear in mind about GC approval and would like to know your thoughts on same.

Priority Date: July 5, 2007
Country: India
Filed In: EB2 Category

My previous company filed LC/I-140 and I-485 during July 2007 fiasco. I-140 got approved in 2009 and in September 2010, I moved to Company B. Did send AC 21 documentation to USCIS soon after joining new company through company lawyer. Never saw an update on the status check website of USCIS and nor received an RFE till date on the same. I would like to know what are the possible scenarios so that I be well equipped in case things go out of control. I thank you all for valuable information and understanding the nature of the problem the whole EB2/EB3 community is facing (especially India and China). Looking forward to hear from you all.

Best
PBTEXAS

[rinku1112]

Even if you have an approved GC and H1 gets cancelled ... I don't think legally the officer can deport you.

The problem with the immigration officers is that ... they have tremendous powers. Just in case you didn't know they can give you a visa on arrival if they like you!!!

Thanks Q. I did not know that and will keep that in mind. I will put my most charming face up the next time I am in front of a IO at POE

[qesehmk]

Seriously. This happened with somebody I know who told me this. This person had C1D1 which limits you to the port of call. But this person was travelling within US and got caught by an io who gave this guy 24 hours to leave US. Luckily another IO followed this person and gave him a B1 in his visa on the spot and told him that an IO has powers and nobody can object him in his exercise of those powers. But just like he has the power to object to you not having a visa, I have the power to give you the visa. And he got one.

True or false or hyperbole. I don't know. But this is something I learnt first hand. Regardless of truth, it helps to understand that just like the whole immigration process, even after you get GC, some of the government agencies always have discretionary powers. Its always useful to keep smiling and avoid pissing off an IO to the extent possible.

Thanks Q. I did not know that and will keep that in mind. I will put my most charming face up the next time I am in front of a IO at POE

[samudrala]

Hi Gurus,

First Congratulations to all of you who are current in October bulletin and wish others get current soon.

I became current in Oct. bulletin as well.

I am PWMB with a priority date of 06/06/2007 EB2 India. Can someone tell me how long does it take to get my EAD/AP and GC.

Thanks all

[abhinata]

Hello Guys,

I am new to this forum. I have read post in this forum and couldn't found a clear answer to my question below. Maybe I didn't dig deep enough.

I have an anxiety question after seeing Oct visa bulletin: I will be current on Oct1st. My PD is 13Jul2007. I have applied for 485 in Jul2007. No RFEs so far but had LUD in Aug2008.

Question is what happens if the PD retrogress in Nov bulletin before I get my GC? Do I have to wait again till it becomes current?

Thanks

[visagcinfo]

See how contradicting outcomes when the same case is looked at by two different IOs.
They add a clause at the bottom of the rules and regulation "..at the discretion of the officer..." and make way to ignore all the rules and regulations above that in the list and still claim they follow the rules and regulations, ha!

Keep smiling.. employer, recruiters/middle layers, full time employees at client place, government agencies. Any place where we can stand up for something (or vent out)? (1st two applies for people in EVC model though)

.....an io who gave this guy 24 hours to leave US. Luckily another IO followed this person and gave him a B1 in his visa on the spot ....

... some of the government agencies always have discretionary powers. Its always useful to keep smiling and avoid pissing off an IO to the extent possible.

[nishant2200]

Frustratingly on iphone keyboard I have generated this table of FB intake approach last year, so that we may see inspiration to EB which looks like similar this year.

VB--F2A--F2B

Sep 2010--01Jan10--01Jan05
Oct 2010--01Apr10--01Apr05
Nov 2010--01Jun10--01Jun05
Dec 2010--01Aug10--01Jun05
Jan 2011--01Jan08--15Apr03
Sep 2011--01Dec08--01Jul03
Oct 2011--08Jan09--15Jul03

So it does look like DOS is familiar with the game of taking intake in Q1 and then retro in Q2.

[veni001]

Hello Guys,

I am new to this forum. I have read post in this forum and couldn't found a clear answer to my question below. Maybe I didn't dig deep enough.

I have an anxiety question after seeing Oct visa bulletin: I will be current on Oct1st. My PD is 13Jul2007. I have applied for 485 in Jul2007. No RFEs so far but had LUD in Aug2008.

Question is what happens if the PD retrogress in Nov bulletin before I get my GC? Do I have to wait again till it becomes current?

Thanks

abhinata,
You PD must be current and a visa number should be available for VO to assign to your case.

[veni001]

Even if you have an approved GC and H1 gets cancelled ... I don't think legally the officer can deport you.

Thanks Q. I did not know that and will keep that in mind. I will put my most charming face up the next time I am in front of a IO at POE

In this case one can go to nearest US consulate ti get their passport stamped with IV. In the event GC approved but the individual not able to get his/her passport stamped with IV, usually IO issue parole at POE.

[veni001]

Frustratingly on iphone keyboard I have generated this table of FB intake approach last year, so that we may see inspiration to EB which looks like similar this year.

VB--F2A--F2B

Sep 2010--01Jan10--01Jan05
Oct 2010--01Apr10--01Apr05
Nov 2010--01Jun10--01Jun05
Dec 2010--01Aug10--01Jun05
Jan 2011--01Jan08--15Apr03
Sep 2011--01Dec08--01Jul03
Oct 2011--08Jan09--15Jul03

So it does look like DOS is familiar with the game of taking intake in Q1 and then retro in Q2.

Nishant,
Very good observation.

[natvyas]

If I remember correctly....in one of the informal communication the CO had mentioned that once the date reaches Aug, he would have to take a look at fresh intake of applications.

I wonder what was his thought process then and how it has changed since he has moved the dates so close to Aug.

[Kanmani]

Nishant that is wonderful .
Veni and Spec , how much do you guys think will be the intake 20K + porting ?

[rdsingh79]

This is from Dec 2010 VB which talk about the FB movement referred to by Nishant above. CO uses language similar to what we saw in Oct 2011 VB for EB2IC

Family-sponsored: From early 2009 through September 2010, the level of demand for numbers in the Family-sponsored preference categories was very low. As a result, the cut-off dates for most Family preference categories were advanced at a very rapid pace, in an attempt to generate demand so that the annual numerical limits could be fully utilized. As readers were advised in previous Visa Bulletins providing projections of visa availability (e.g., April 2009, January 2010, May 2010, July 2010), such cut-off date advances could not continue indefinitely, and at some point they could slow, stop, or in some cases retrogress.

The level of demand which has been experienced during FY-2011 has resulted in most of the worldwide cut-off dates being held for the month of December. At this time it is not possible to predict when or if these dates may advance further, and there is a distinct possibility that retrogressions could occur as early as January if demand within the established cut-off dates does not appear to be subsiding.

Nishant,
Very good observation.

[indiaeb2]

Good Morning Guys - I just came from Vacation and was very glad to see the oct visa movements. Congragulation for folks who are going to be current. I missed it by 21 days as you know my PD is Aug 6th 2007. I hope i can file mine for Nov....

Q - When you get a chance, could you please update your posting #1 . Thanks

[gchopeful123]

Congrats to everyone who is current for Oct. Though I think most of you would be documentarily qualified, I had some questions on the I-485 filing once PD is current. Note that my PD is Sep 2007, therefore I havent been able to even file I-485 yet, but need to be prepared.

1) How much time is available to file the I-485 once the PD becomes current e.g. if PD is current within Oct 11 VB, does it mean that the application can be submitted any time between Oct 1 - Oct 31? - or is it critical that the application reach USCIS on Oct 1st itself?

2) If there is a delay in medical evaluation, can the I-485 be submitted first just to get the foot in the door and the medical forms submitted later on?

3) I have copy of birth certificates which are in english and with accurate information. In this case, are affidavits still required or will the birth certificates suffice?

Thanks