EB2 Predictions (Rather Calculations) - 2012

[SmileBaba]

Is W2 amount less than LCA? (assuming you are on H1B)

Yes it is!

[suninphx]

Yes it is!

Ok in that case take help of a 'good' immigration lawyer

[JJcalifornian]

@murthy.com

NewsFlash! EB2 Cutoff of March 1, 2008 Expected in December!
Posted 27.Oct.2011
The cutoff date for the employment-based, second preference (EB2) category for India and China is expected to advance to at least March 1, 2008 in the December 2011 Visa Bulletin. This prediction is reliable, as we received it directly from Mr. Charles Oppenheim, Chief, Immigrant Visa and Control Division, U.S. Department of State. The continued forward movement will allow for many additional individuals to pursue the final stage of their permanent residence (green card) cases in December 2011

[SmileBaba]

Ok in that case take help of a 'good' immigration lawyer

Isn't it right that providing W2 with other I-485 documents is not a requirement?

[Reader]

Question regarding the medicals... If I choose a civil surgeon who is also in my insurance network, would the blood work and vaccination be covered by the insurance?

I have read from few other posts that vaccination was paid by the insurance. I am wondering, would the insurance company treat the claims the same way whether the claim is from my PCP or the civil surgeon in the USCIS list who is also in my PPO network??

[suninphx]

Isn't it right that providing W2 with other I-485 documents is not a requirement?

When you file AOS that time you are required to be in status. W2 >LCA is one of aspects of you being in status. That's where they can ask you W2/ paystubs etc.
So check with lawyer to find out how important this really is- and corrective actions if necessary.HTH

[immi2910]

When you file AOS that time you are required to be in status. W2 >LCA is one of aspects of you being in status. That's where they can ask you W2/ paystubs etc.
So check with lawyer to find out how important this really is- and corrective actions if necessary.HTH

GC is for future employment. I think if your current salary is equal to or greater than LCA amount then you should be fine even if W2 is less than LCA. Also, if the employer states he will be paying the amount in LCA and has ability to pay you should be fine as well.

[SmileBaba]

GC is for future employment. I think if your current salary is equal to or greater than LCA amount then you should be fine even if W2 is less than LCA. Also, if the employer states he will be paying the amount in LCA and has ability to pay you should be fine as well.

Thanks!
Current salary and the current fiscal year total is all well with LCA. I am worried about 2010 and 2009 W2's.
Also employer should be able to demonstrate ability to pay for the green card position.

Gurus:Please comment.

[qesehmk]

SmileBaba,

Your situation is a bit precarious. It is true that GC is future employment. And so it may not hurt you to have historical W2s less than what's mentioned in your I-140.

However it would be a good idea to spend some time with a lawyer and vet this out.

Q

Thanks!
Current salary and the current fiscal year total is all well with LCA. I am worried about 2010 and 2009 W2's.
Also employer should be able to demonstrate ability to pay for the green card position.

Gurus:Please comment.

[suninphx]

GC is for future employment. I think if your current salary is equal to or greater than LCA amount then you should be fine even if W2 is less than LCA. Also, if the employer states he will be paying the amount in LCA and has ability to pay you should be fine as well.

Again- for applying AOS you need to be in status which OP is technically not. When you apply for h1 Extn why do you think they ask you W2 and paystubs? That's because for EOS you need to be in status when you apply. Same logic apply for AOS. Obviously I am not lawyer , hence I suggested OP to check with good immigration lawyer.

[kpt112107]

I did check this with my insurance. (I have same kind of insurance and found surgeon in network)
"ANY VACCINATIONS/TESTS GOING TO GET AS PART OF TRAVEL (IMMIGRATION) REQUIREMENT ARE NOT COVERED BY INSURANCE"
They referred some clause in insurance agreement but i didn't check that.

So, What to do?

As I am expecting my date to be current soon, I talked to doctor and asked for appointment to have vaccinations and told him to check with insurance whether they are going to cover or not?

Doctor talked to insurance and he said they are going to cover those. I went and had vaccinations (Hep A, Hep B, TDAP booster) and took blood to test for MMR, Vericella & Syphillis to find out those vaccines are necessary or not. (The above vaccinations I had are not mandatory for my age, but took it bcoz of free).

If he tells me that I need to have those after test results then I will get those. (Remember I have to pay co-pay each time)

I will take appointment for TB test once after my date become current. I may need to pay for this. (may not be covered by insurance)

I am delaying TB test appointment bcoz of my lawyer strictly instructed me not to take Doctor appoint till dates become current.

Question regarding the medicals... If I choose a civil surgeon who is also in my insurance network, would the blood work and vaccination be covered by the insurance?

I have read from few other posts that vaccination was paid by the insurance. I am wondering, would the insurance company treat the claims the same way whether the claim is from my PCP or the civil surgeon in the USCIS list who is also in my PPO network??

[SmileBaba]

Again- for applying AOS you need to be in status which OP is technically not. When you apply for h1 Extn why do you think they ask you W2 and paystubs? That's because for EOS you need to be in status when you apply. Same logic apply for AOS. Obviously I am not lawyer , hence I suggested OP to check with good immigration lawyer.

Lawyer suggests that for AOS you are required to be in status since your last entry to USA.
Suninphx:Never heard of an applicant/lawyer providing W2 while filing for H1 extension. I guess pay-stubs suffice the requirement.

[suninphx]

Lawyer suggests that for AOS you are required to be in status since your last entry to USA.
Suninphx:Never heard of an applicant/lawyer providing W2 while filing for H1 extension. I guess pay-stubs suffice the requirement.

Can't comment on that as I have not applied for one.

You can find numerous posts on net where lawyer suggested to travel outside and come back and then apply for AOS. (that way you have clean slate as far as status goes) but those were good old days when stamping was not much of an issue.

[kpt112107]

I don't know W2s are mandatory or not.
But my lawyer asked me W2s for every H1 extn and I-140 also.
I got RFE for I-140, asked for latest W2s and Latest tax returns (from my employer.)

Nothing harm in submitting. Anyway they will know if they really want to know....

Lawyer suggests that for AOS you are required to be in status since your last entry to USA.
Suninphx:Never heard of an applicant/lawyer providing W2 while filing for H1 extension. I guess pay-stubs suffice the requirement.

[gchappy]

Hello,

I have been lurking the discussion board since long and admire everyone's efforts. You guys are all doing great work here. I just wanted to say thank you for bringing a lot of clarity to the entire process.

Now coming to the good news. I just got the email from USCIS about Card/Document production for my I-485 application. I am EB2-I with the priority date of 6/7/07. However I have yet to file for my wife which we will do in the next 2-3 days.

[nishant2200]

You are most welcome friend.

yes, going to the county's public health office (big counties have more than one), is generally cheap and straightforward option. I am glad it worked for you.

Nishant2200 i must say i am really really appreciate on the updates your are providing to the immigration community.i don't know how you are getting this much time to provide the updates .. kudos to you and your effort.

q,Teddy , spec, veni and all other great gurus...thanks a lot for your valuable information.

By the way nishant2200 with your info regarding medicals i am getting all shots freely from community health center (which saves all most 500$ for me and my wife) once again thanks a lot.

[nishant2200]

not to be spoilsport here, congrats, but isn't this going to be a problem, you already got your greencard, while your wife has not yet applied for AOS. I believe your wife's application for AOS should be receipted by them before you get green card, otherwise there might be problems about status. Anyone else chime in here please.

Hello,

I have been lurking the discussion board since long and admire everyone's efforts. You guys are all doing great work here. I just wanted to say thank you for bringing a lot of clarity to the entire process.

Now coming to the good news. I just got the email from USCIS about Card/Document production for my I-485 application. I am EB2-I with the priority date of 6/7/07. However I have yet to file for my wife which we will do in the next 2-3 days.

[grnwtg]

Congrats gchappy...

Hello,

I have been lurking the discussion board since long and admire everyone's efforts. You guys are all doing great work here. I just wanted to say thank you for bringing a lot of clarity to the entire process.

Now coming to the good news. I just got the email from USCIS about Card/Document production for my I-485 application. I am EB2-I with the priority date of 6/7/07. However I have yet to file for my wife which we will do in the next 2-3 days.

[gchappy]

Thanks Nishant, I was concerned about that as well. I checked with my attorney's office and got the following:

"This will not affect your wife's I-485 application, since you were married well before the date of your I-485 approval. We look forward to receiving your wife's signed documents to proceed with her I-485 application."

So this means I can apply for my wife anytime as long as I am married prior to the I-485 approval. This doesn't completely clear the doubts as I can't find any information on case like this on USCIS website or anywhere else.

[nishant2200]

welcome. well if lawyer says its ok, its ok!

unless someone here knows something else, and puts in doubt.

Thanks Nishant, I was concerned about that as well. I checked with my attorney's office and got the following:

"This will not affect your wife's I-485 application, since you were married well before the date of your I-485 approval. We look forward to receiving your wife's signed documents to proceed with her I-485 application."

So this means I can apply for my wife anytime as long as I am married prior to the I-485 approval. This doesn't completely clear the doubts as I can't find any information on case like this on USCIS website or anywhere else.

[MeraGC1]

Friends,

As per CO:

The cutoff date for the employment-based, second preference (EB2) category for India and China is expected to advance to at least March 1, 2008 in the December 2011 Visa Bulletin. This prediction is reliable, as we received it directly from Mr. Charles Oppenheim, Chief, Immigrant Visa and Control Division, U.S. Department of State. The continued forward movement will allow for many additional individuals to pursue the final stage of their permanent residence (green card) cases in December 2011. More details and predictions for the future will be provided for MurthyDotCom and MurthyBulletin readers.
(Source Murthy law firm)

Does that mean he is going to move the dates beyond March/April 2008 in Jan 2012 VB?

Is there any chance that he will move the dates to June/July 2008 in Jan 2012 VB?

[sam96_77]

This was just posted at murthy

The cutoff date for the employment-based, second preference (EB2) category for India and China is expected to advance to at least March 1, 2008 in the December 2011 Visa Bulletin. This prediction is reliable, as we received it directly from Mr. Charles Oppenheim, Chief, Immigrant Visa and Control Division, U.S. Department of State. The continued forward movement will allow for many additional individuals to pursue the final stage of their permanent residence (green card) cases in December 2011. More details and predictions for the future will be provided for MurthyDotCom and MurthyBulletin readers.

[yesman]

That would be awesome, if it does happen. Mine is April 3 2008. I really hope they don't move it to April 1st and stop it there (or retrogress). Good luck to us all

Hope mine PD April 8, 2008 will be in new year Jan 2012 VB

[vizcard]

I really hope CO goes all the way till end 2008 at some point in FY2012. I'm in August 2008 so selfishly I want it to go atleast till end-Aug but it really would be good for others to atleast get the EAD and start the 180 day clock to change jobs. And it really wouldn't "hurt" the DOS/USCIS either - it's a matter of optics at that point.

[valuablehurdle]

Friends:

It is a broken system.

I hope this information helps everyone who are waiting for the GC and their PD is current.

PD 04/15/2007 NSC
RD 08/10/2007
ND 10/10/2007

Here is a synopsis of event:
10/01/11- PD became current
10/03/11 - Openned an SR with L1 officer.
10/06/11 - Contact Congressman M. Doyle (D) office. Visited personally. Told them I am buying a House in there constituency. Showed them my sales agreement.
(REMEMBER: YOU HAVE TO CONTACT THE CONGRESSMAN OF YOUR OWN CONSTITUENCY)
10/07/11 - Got a response from Congressman's office
"After speaking with USCIS today, they are forwarding your case to an officer for review. This should take approximately two or three weeks."

10/14/11 - Got a standard e-mail reponse for the openned SR. "Application pending..wait 90 days ...bla bla bla"

10/25/11 - Contact Senator Toomey's office (R). Visited his office personally. Very formally dressed. Caseworker was really nice. Gave them the paperwork. He promised he will look into it.
10/25/11 - SAME DAY.. got the following response:
"I called the Nebraska Service Center and talked to someone who told me your case is with a review officer currently. There is no timeline for completion, it just depends on what else is on that person’s desk and how fast they can get it done."
10/27/11 - Got Approval.

I hope this helps. Good luck my friends. I am pretty sure everyone will overcome this once they are current.