This bill has good chances of passing before end of this CY
This bill has good chances of passing before end of this CY
Leo; EB2I; PD: 11/01/2008; NSC; MD: 01/03/2012; RD: 01/04/2012; ND: 1/12/2012; FP Scheduled: 02/22; EAD/AP: 02/22; CPO email: 03/09/2012; GC 3/15/2012; what next???? India Trip????
USCIS has updated processing times on Nov 14.
https://egov.uscis.gov/cris/processingTimesDisplay.do
Guys -
I need your honest input on my predicament. My PD is 11/02/2009 EB2I and i have an approved I-140. I am in my 8th yr on H1; got it stamped till 2013 July (when it expires).
I am stuck at my current 'Job' and honestly i get this rush to jump on to a new company and start afresh with H1, Labor, I-140.
I know that this whole transition takes around 8 months - give or take and ~10k out of pocket (H1,Labor, I-140), if i get onboard a consulting firm.
Question is - What's the best course of action? Do you think, i 'suck it in' and continue where i am till Oct 2012, when we have a better sense of where things stand with PD movement or pursue new opportunities right away?
Wouldn't that be too late to switch in Oct 2012, considering that i will have less time to go through the whole - H1,Labor, I-140 cycle in 9 months(before July 2013)?.
I dont have any offers at present and i am pretty confident i will get one when i start the hunt.
appreciate your feedback..
Cheers,
Teddy, I looked at EB2-NIW data for India on trackitt I-485 and I-140 tracker. Yes, there are extraordinary number of applications in July 2007 but beyond that there are hardly any to warrant attention. And most EB2-NIW also try their hand in EB1A category. So data is inconclusive and as you say we will have to wait and see. May be the Jan 2012 USCIS inventory will shed light on the ratio we are looking out to nail down.
Last edited by kd2008; 11-15-2011 at 12:21 PM.
Take the job.
With your PD, you're not going to be current this FY under any scenario except for HR3012/SR1857. You'll be back in this spot (I140 pproved waiting on I485) before your date becomes current.
Your biggest risk is ability to renew H1 past July 2013. For that, as long as you've applied for PERM pre July 2012 you'll be fine (or alternatively have received the I140 before July 2013, but that has more risk attached to it). To file your PERM pre July 2012, you'll need to move jobs immediately (before Feb/Mar 2012 in any case).
And if HR3012/SR1857 passes, you'll probably not be delayed by more than a few months that it takes you to clear your PERM as you can cofile your I140/485. The cost of the application I don't have enough information to comment on. In my case, if I switched jobs the difference in pay/happiness quotient would more than make up for the cost of processing the GC.
Hope that helps.
NSC (originally TSC, transferred to NSC on 02/13/13) |-| PD - 04/25/08 |-| MD - 01/19/12 |-| RD - 01/27/12 |-| ND - 01/31/12 |-| Check Encashed - 02/02/12 |-| NRD - 02/04/12 |-| FPND - 02/09/12 |-| FPNRD - 02/17/12 |-| FP Early Walk-In - 02/24/12 |-| EAD/AP Approval & card production notice - 03/07/12 |-| EAD/AP RD - 03/12/12 |-| EAD/AP renewal RD - 12/11/12 |-| EAD/AP renewal approval - 01/22/13 |-| 485 Approval notice - 09/04/13 |-| GC RD - 09/11/13|
In general I think it is a good idea to take an opportunity when one presents itself. You are far enough from the PD right now and will probably not be current until sometime in 2013 - could even get delayed until the end of 2013. With an approved I-140, you should not have a trouble extending your H1 when you need to - and if you shift in time then you will be ready to catch your PD when it becomes current sometime (hopefully early) in 2013.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
I would suggest wait till you see the next i-485 inventory report and also demand data in Feb/March. Currently no one has complete picture of demand data post July 2007. If I were you, I would wait for 2-3 months to see how far the dates could move for FY 2012. Also, you have the hassle and cost of reapplying for Labor, I-140 etc..
Would i get a 3 yr H1 extn with an approved I-140 with a new sponsor or an extn till July 2013?
I am sorry to bring this up again. What's the consensus? If the Current approved I-140 can be used to extend H1 for 3 more years with the new employer, is the risk that Pedro mentioned really a risk?- "Your biggest risk is ability to renew H1 past July 2013. For that, as long as you've applied for PERM pre July 2012 you'll be fine (or alternatively have received the I140 before July 2013, but that has more risk attached to it). To file your PERM pre July 2012, you'll need to move jobs immediately (before Feb/Mar 2012 in any case). "
Pedro - I am just trying to get a clear picture. I am under the exact impression as you laid it. But seems like 3yr H1 extension is possible with the new employer with an approved I-140 from prev employer.
or am i missing something?
I don't completely agree here. Not all websites are full of rumors, it depends on where you look. lawfirm websites are not usually the place for this kind of news. WSJ,TheHill,HuffingtonPost,Rollcall,politico, drudgereport etc are fairly reliable. Of course there's bias based on where these papers fall on the Left-Center-Right spectrum. it's up to you how to skim through the bias and get the news as the news.
Hi All,
My I140 was approved in 2009 by company X and in later half of 2009 the company was bought by Company Y(AS a complete entity and all office locations stay the same) in later half of 2009. Now my Priority Date is current and i am filing my 485 but the lawyer came back and said that they will have to file an amendment of 140 along with this since the 140 is from company X. I requested them if we can do a premium processing of 140 and they said they cannot do it because they do not have the Original Labor.
My understanding is Original Labor is sent while filing the first 140 and i am not sure if USCIS sends it back once the 140 is approved. If they do not send it then i guess an amended 140 will always have to go through a normal processing time which does not make sense to me unless USCIS returns the original Labor.
According to them if i do PP of 140 then application may get denied as for I140 Premium original labor should be attached with the application.
Thanks for your help and for looking at this. I will remove this from the thread once it gets answered.
I was trying to find the question in your post. You seem to have all the correct information. What's the question?
I'll pitch in with what I know as I have gone through similar lane.
- PP is not possible for I-140 amendment. Reason being, original labor that you attached to your previous I-140 would have been moved to USCIS 'Archive' location. CIS will not have immediate access to your labor in order to finish the processing under 15 days.
- your attorney must have told you that PP will be rejected, PP fee will be returned and the application will be processed under regular processing. Application WILL NOT BE denied just because you filed the amendment in PP.
Hope it helps!
this question is mostly for ppl in full time position...is ur company covering your spouse's legal (lawyer) and uscis fees or just your expenses?
Ever since last bulletin is released, this thread became Q & A instead of predictions & calculations
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