EB2 Predictions (Rather Calculations) - 2012

[dreamer]

I was just going through my Documents, just noticed something with my I-94
I got my I-94 till Feb 2013 on my old passport (valid till Feb 2011), Visa was valid till Sep 2011. This didn't made sense to me.
I have applied for New passport and got it in Dec 2010
I have renewed & got approval of my new H1 till Sept 2014 with new I94 attached along with I-797

My question is
1. Looks like immigration officer gave I94 till Feb 2013 instead Feb 2011 (Passport expiry), does it affect me in any way during my 485 process?
2. I am current as of Jan 2011, which I94 will play now?
3. What ever immigration officer puts in I94 is that final even if its date which doesn't makes sense?


I was just looking at it and thought of getting your input on this, your help/input is greatly appreciated

[geterdone]

congrats to all who r current!

if my wife is on f-1 and when we apply for ead, how does that work? are there any problems for f-1 applicants?

[enigma]

geterdone,

My situation is similar to yours. I posed a similar question in this thread earlier today and Q responded. You can search for my posts and should be able to find some info in this regard.

congrats to all who r current!

if my wife is on f-1 and when we apply for ead, how does that work? are there any problems for f-1 applicants?

[kd2008]

Teddy, Q, Spec, others, please let me know what you think of this:

EB1 & EB2ROW has quite a bit of backlog from last year. EB1 & EB2ROW approvals are picking up. Since USCIS operates on FIFO wrt I-485 and goes by the filing date, EB1 and EB2ROW approvals are more likely in next few months. So it may happen that EB2IC demand takes a long time to show up and also the number of filings are low. So we may see quite a progression of dates but in the end see a small SOFAD and severe retrogression. HR 3012 could change that but lets just use the law that is in force now for our discussion.

This may be bittersweet or rather, sweetbitter!

I just hope that a lot of folks waiting to file I-485 get to do so soon!

Any takers?

[codesmith]

Hi Q, Nistant, Teddy, Spec, Veni, Kanmani and others.
It's a great day.. I can't believe I'm current ... it was never expected.
I was great advocate of numbers and calculations that I learnt here from you guys and in my wildest dream also I could not have believed date moving 9+ months.
With limited transparency on the numbers and process- this forum has always provided so -so much, many "waiters" like me find this forum useful and it stands way apart from the others.
I once again like to thank you guys for the help you've been offering.

qesehmk.org zindabbad !! ( Long live qesehmk.org ) !!
Jai ho Q bhai ki

[la_2002_ch]

Dr.Jonty,
Thank you

I have been more of a silent visitor to this site with very few inputs. But I must say that all the GURUS (Q, Teddy, Spec, Veni) have been very helpful and very accurate in their estimates and predictions. As Dr. Jonty says, they dont have a crystal ball, but still they took the risk in this most un-predictable scenario (limited resources and Mr. CO's mood). Thanks to all of you. I started following Q's thread on the *** and then over here.

[Pundit Arjun]

Good luck to all who are current.

I agree with you KD. Just from my gut feel -imdeng, other late 2009ers and I will be able to file before Jan 2013.

[h1bguy]

http://www.cilawgroup.com/news/2011/...ement-in-fb2a/

Even Capital immigration is predicting that there could be a significant forward movement in Feb .No wonder even If it moves until end of 2009 .


My pd is Apr 07 2009 .

[qesehmk]

KD i am not sure i understood your question correctly. Eb1 EB2ROW "ALWAYS" take precendence over EB2IC. So yes they will have to be processed before EB2IC gets any extra visas. As per COs rationale behind moving dates - it is clear that he doesn't have a consistent rationale. If we he were to look at his own demand data ... he had more than enough left at the end of sep 2011 from 7% quota perspective. So he didn't need to move the date by a single month. Now he has moved it even beyond any possible SOFAD this year. So clearly he is using his discretion in moving the dates. So i wouldn't try to find any "legal" rationale or basis to his actions. He has to give us some cool-aid in each VB and we are drinking it. As long as the party goes on lets enjoy and file 485. As he himself said - someday it will have to come to end. Makes sense?

Any takers?

[jss1234]

THANK YOU!!

First of all congratulations to everyone of you who is current today. I still can't believe that I am current. I am so happy.

Thank you to Q, Veni, Spec, Teddy and others for there hard work. Q this blog rocks!! This is the only blog that gives me hope.

Thank you so much!!

[Pdmar08]

Remember sombody had posted a link to some website that predicted when one would get current?
Did we delete that post? It was 3week of october that it had come up on this forum.
We all laughed at the strange dates it was predicting. But i was current even before that date. Today i think many others are too.
Anyone has that link?

[H1GC140]

Congrats to all who will be current next month.

[feedmyback]

Probably you are talking about this....

http://www.myprioritydate.com/

Remember sombody had posted a link to some website that predicted when one would get current?
Did we delete that post? It was 3week of october that it had come up on this forum.
We all laughed at the strange dates it was predicting. But i was current even before that date. Today i think many others are too.
Anyone has that link?

[iatiam]

Pdmar,

http://www.myprioritydate.com/

Yes, I was the one who posted the link. It was the link my friend told me about and he also said for most of his friends, the dates followed to the t.

Remember sombody had posted a link to some website that predicted when one would get current?
Did we delete that post? It was 3week of october that it had come up on this forum.
We all laughed at the strange dates it was predicting. But i was current even before that date. Today i think many others are too.
Anyone has that link?

[helpful_leo]

Q, others;

Getting current today must be one of the least expected things to have happened to me!

Can somebody please clarify these basics to me:

1/ I got current today. So does this mean that we can apply for I-485 only on Jan 1st (and not next week)?

2/ How long is the I-485 application window period open? Jan 1-31st?

3/ If above is true, what is the advantage in your application reaching USCIS on, say, 1/1 vesus 1/25?

4/ I see a lot of posts and lawyer letters ask for "all your past I-797s / I-20s / I-94s". (But not USCIS http://www.uscis.gov/files/form/i-485instr.pdf ). I do not think I have a copy of my first I-20 from 11 years ago, or the earlier I-797s? I do have all documentation from last 5 years.
Is this critical? Any way around it?

5/ Can we ask our company lawyer to file for our EAD / AP with the I-485? Does this usually concern the employers, as the AC21 clock starts ticking after EAD application (as EAD is really not needed in our case, because of post-6yr H1B extension).

And what's with the old I-94s? Aren't you supposed to surrender it at the airport when you exit the country? How can you then have old I-94s, except your latest I-94?

Apologize for long list of Qs!

[Momster]

BTW, now I know what it feels like to be close. PD is 1/4/09. In anticipation of next month's forward movement, I have a question:

1. I-140 has been applied for but not approved yet. PERM was under appeal for a couple of years and so I-140 was only applied for a few months back. Can I-140 and 485 be applied for simultaneously on Feb 1st assuming the PD gets current in the next VB?

Reason PERM was denied: the lawyer forgot to attach any supporting documents! Heard back in Jan 2010 with a denial. Yes, such things do happen.

[Gclongwait]

check in quotes below

Q, others;

Getting current today must be one of the least expected things to have happened to me!

Can somebody please clarify these basics to me:

1/ I got current today. So does this mean that we can apply for I-485 only on Jan 1st (and not next week)?
Ans: You are not yet current. You will current only from Jan1st.

2/ How long is the I-485 application window period open? Jan 1-31st?
Ans: its open as long as your date stays current, which means at least Jan 1-31, depending on the Feb 2012 bulletin.

3/ If above is true, what is the advantage in your application reaching USCIS on, say, 1/1 vesus 1/25?
Ans: No real advantage. just more peace of mind, maybe faster EAD/AP by a few days.

4/ I see a lot of posts and lawyer letters ask for "all your past I-797s / I-20s / I-94s". (But not USCIS http://www.uscis.gov/files/form/i-485instr.pdf ). I do not think I have a copy of my first I-20 from 11 years ago, or the earlier I-797s? I do have all documentation from last 5 years.
Is this critical? Any way around it?
Ans: depends on your lawyer. I don't think its big deal though.

5/ Can we ask our company lawyer to file for our EAD / AP with the I-485? Does this usually concern the employers, as the AC21 clock starts ticking after EAD application (as EAD is really not needed in our case, because of post-6yr H1B extension).
Ans:It shouldn't matter to your employers, everybody does it. Actually the lawyers should not even be telling them this, so they should not even know.

And what's with the old I-94s? Aren't you supposed to surrender it at the airport when you exit the country? How can you then have old I-94s, except your latest I-94?
Ans: I didnt have them all, just the last one. That's all I gave. Nobody has all of them after so long in this country (8 years for me).
Apologize for long list of Qs!

[suninphx]

BTW, now I know what it feels like to be close. PD is 1/4/09. In anticipation of next month's forward movement, I have a question:

1. I-140 has been applied for but not approved yet. PERM was under appeal for a couple of years and so I-140 was only applied for a few months back. Can I-140 and 485 be applied for simultaneously on Feb 1st assuming the PD gets current in the next VB?

Reason PERM was denied: the lawyer forgot to attach any supporting documents! Heard back in Jan 2010 with a denial. Yes, such things do happen.

If I140 is already been applied then can't you upgrade to premium processing?-check that .

[Pdmar08]

Pdmar,

http://www.myprioritydate.com/

Yes, I was the one who posted the link. It was the link my friend told me about and he also said for most of his friends, the dates followed to the t.

absolutely. Thank you so much, I have been dying to trace it. Thank you.
In retorspect the predictions of the site were not off by much. On 10/19 i check the site, it told me i will be current on 12/3. Technically i was current from 12/1(so 2 days off) and i leant it about a month before visa bulletin came out.

[helpful_leo]

Gclongwait:

Thank you for the quick reply.

Very helpful, and much appreciated.

[Momster]

Thanks, suninphx. The I-140 related to the 2nd PERM filing (PD Jan 2010) went through PP because of a need to travel then. Not sure if the employer will do PP again. Will chk with them though.

Asked the lawyers today and they said I-140 and 485 will be filed together once date gets current. I wasn't even sure you can do that and if there are any risks in doing so, so I posed this question to see if anyone has been through a similar situation. Thanks again.

[fedupwithgc]

I have not come across any statement from DoL in this regard. Could you point me towards a link for the same? This would surely explain the low PERM/485 ratio, if true.

I was told by my attorney last year and we shall see if its true in next 3-4 months when inventory builds up...

Now that my date is current, next step is to apply and start monitoring the inventory demand. I think in next 2-3 months once we get latest Demand Data out, that should give us a lot more information on where we stand.

[Jonty Rhodes]

Dr.Jonty,
Thank you

You're very welcome, Veni.

[Feb262009]

I am so happy. Though I am not current yet, this gives me a hope. Who knows? I may be current in next bulletin.

[mysati]

Enigma,

I was on F1 before and as far as I know, it is preferable to be on H4 than on F1 because if u'r wife goes to an instate school, the tuition is much cheaper on H4. It however does not matter if she goes to a private College. F1 status is preferable, if she can get any on-campus job and get partial/full funding. Once you get your EAD, there is no need to change status, as she can work using her EAD. As far as I know, EAD should hold good for on-campus jobs too.

Thanks, Q. It's comforting to know that others have been through the 485 stage on F1. Would you suggest changing my wife's status from F1 to H4, after applying for 485 and getting the EAD cards? (since she would be able to continue her on-campus work without the need for F1 at that point). I am assuming here that if the dates do move past my PD they will eventually retrogress and I would be stuck at the EAD stage for the next year or so.

PS - Please let me know if I should move this conversation to a different thread and I will be happy to do so.