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Thread: EB2 Predictions (Rather Calculations) - 2012

  1. #3226
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    Quote Originally Posted by Jonty Rhodes View Post
    Gurus, I have a question.

    Is it true that people who were working here before and had their GCs filed (LC and I-140 approved in EB2 and EB3 category) but who may have gone back to India for various reasons can still apply for CP if their PDs are current? Do they have to have a future employment offer with the same employer in order to file for CP? I know a few who were here on EB2 and EB3 but their companies wanted them to work for them in India and some of them basically told me that they were just waiting for their PDs to be current.

    I am asking this because I have seen people asking these questions on some forums.

    Also, I was wondering if this is possible than are we looking at increased CP filings and possible surge in demand?

    Please educate me.
    IMO - its very difficult but not impossible, specially if you are working for same company after going back to India. Important point is where the job would be located after you get GC. If compnay still wants you to work in India then not sure how much support you will get in that case. All this my based on my very limited knowledge. Lets wait for other's opinions.

  2. #3227
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    Quote Originally Posted by Jonty Rhodes View Post
    Gurus, I have a question.

    Is it true that people who were working here before and had their GCs filed (LC and I-140 approved in EB2 and EB3 category) but who may have gone back to India for various reasons can still apply for CP if their PDs are current? Do they have to have a future employment offer with the same employer in order to file for CP? I know a few who were here on EB2 and EB3 but their companies wanted them to work for them in India and some of them basically told me that they were just waiting for their PDs to be current.

    I am asking this because I have seen people asking these questions on some forums.

    Also, I was wondering if this is possible than are we looking at increased CP filings and possible surge in demand?

    Please educate me.
    Jonty,

    Yes it is true that CP might still be a possibility, but not necessarily for everybody.

    With CP, the AC21 I-140 portability rules do not apply, so CP approval is only possible for the same job and same employer as on the I-140.

    As part of the Consular interview, the applicant will have to produce an EVL proving that the job continues to exist and that the Employer intends to hire them upon approval.

    In the specific scenario you outlined, where it was a planned decision by the Employer/Employee it would be possible.

    For cases where job loss led to the return, it is not likely the EVL could be produced for the original job on the I-140.

    I wondered whether there might be a slight uptick (nothing significant) in CP cases where a Porter already has an EB3 I-485 in progress, but chose to designate CP for the EB2 I-140.

    I haven't really seen any evidence of huge increases to date. The NVC Waiting List shows 3,705 EB2-I CP cases pending as of November 1, 2011.

    In the 2009 report, the figure was 2,996 and the 2010 report had a figure of 3,350. So, it appears to be increasing at about 350 cases per year.
    Last edited by Spectator; 12-16-2011 at 10:21 AM.
    Without an irritant, there can be no pearl.

  3. #3228
    Jonty

    Its possible if the future employment offer is still in place.

    As Spec correctly points out - AC21 doesn't apply for CP.

    p.s. - There have been many cases where people left for india (and abandoned their GC application) but their 485s were still approved and they received GCs in US at a friend's address. But these are cases where USCIS overlooked. As a rule USCIS would consider such applications abandoned.

    Quote Originally Posted by Jonty Rhodes View Post
    Gurus, I have a question.

    Is it true that people who were working here before and had their GCs filed (LC and I-140 approved in EB2 and EB3 category) but who may have gone back to India for various reasons can still apply for CP if their PDs are current? Do they have to have a future employment offer with the same employer in order to file for CP? I know a few who were here on EB2 and EB3 but their companies wanted them to work for them in India and some of them basically told me that they were just waiting for their PDs to be current.

    I am asking this because I have seen people asking these questions on some forums.

    Also, I was wondering if this is possible than are we looking at increased CP filings and possible surge in demand?

    Please educate me.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  4. #3229
    Hello Friends,

    My PD in EB2 is June 2010. Can someone predict when it will be current (with HR 3012 and without HR3012). My knowledge is very limited in GC processing. Thanks in advance!!

  5. #3230

    Occam's Razor and DD

    I have been trying to believe in this more optimistic scenario for a long time now. I have no new numbers to back up. Here is the logic,
    1. The pre-approved PERM process came to an end some where in June 2007. This was fraud prone and some one could actually buy a PERM for 10K before. What percentage of PERMS were actually pre-approved ones?
    2. I have a few friends who tried to apply PERM during 2008-2010 time frame. None of them could make it past that stage - they were all laid off. The DD is much larger than we think it is.
    3. Not sure where the 70:30 ratio of EB2:EB3 ratio comes from. I work in the oil and gas industry where employers are very adamant not to file in EB2. Things might be better for the IT industry. But the crack down on Desi consulting industries were severe during the downturn. Getting an H1B extension was a big deal, forget about GC.
    4. CO's has gone for a buffet and he wants to fill his plate. Whether he does it in one round (BTM) or several rounds is upto him. Both are logical and makes sense.
    So apply Occam's Razor here - Every thing being same the best explanation is the simplest one. ie dates are moving fast and they will move even faster for the next 2-3 VBs

    Disclaimer: My PD is Aug 2009. This could also be my wishful thinking.

  6. #3231
    Welcome to Aug 2009 club. I am happy just being in the discussion this early even with wishful thinking.

    We all have anecdotal evidence of DD - hopefully the Demand Data or 485 inventory will soon help us quantify the extent of DD.

    About EB2:EB3 split, the impression of 70:30 split is strengthened by the fact that we haven't come across many EB3I with 2008/09/10 PD. This forum is EB2 focussed - but I am sure Teddy can confirm that even in his ** thread which includes EB3, he has rarely come across EB3 with post-2007 PDs.

    Quote Originally Posted by iatiam View Post
    Disclaimer: My PD is Aug 2009. This could also be my wishful thinking.
    EB2I NSC | PD: 08/07/2009 | Forum Glossary

  7. #3232
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    I just checked Perm Data for year 2010, it looks intresting. I can't beleive 2010 filings are less than 2009?

    http://www.foreignlaborcert.doleta.g...ort_Master.pdf

  8. #3233
    Thanks Brother Deng. I will PM you when we have to file for 485 in Feb 2012 Till then enjoy the snow in Milwaukee.

    Quote Originally Posted by imdeng View Post
    Welcome to Aug 2009 club. I am happy just being in the discussion this early even with wishful thinking.

    We all have anecdotal evidence of DD - hopefully the Demand Data or 485 inventory will soon help us quantify the extent of DD.

    About EB2:EB3 split, the impression of 70:30 split is strengthened by the fact that we haven't come across many EB3I with 2008/09/10 PD. This forum is EB2 focussed - but I am sure Teddy can confirm that even in his ** thread which includes EB3, he has rarely come across EB3 with post-2007 PDs.

  9. #3234
    You have the wrong impression. PERM Certified for FY2010 is 70,854, for FY2009 is 29,388, for FY2008 is 48,923 (See Page 16 in the report). We have gone through this report before and have also validated it against Spec's PERM Data analysis posted in the Facts and Data section.

    Update: I jumped the gun. Cases certified are higher but cases filed are indeed lower in 2010 (page 14 in the report). Interesting.
    Quote Originally Posted by gkjppp View Post
    I just checked Perm Data for year 2010, it looks intresting. I can't beleive 2010 filings are less than 2009?

    http://www.foreignlaborcert.doleta.g...ort_Master.pdf
    Last edited by imdeng; 12-16-2011 at 01:39 PM.
    EB2I NSC | PD: 08/07/2009 | Forum Glossary

  10. #3235
    Quote Originally Posted by iatiam View Post
    I have been trying to believe in this more optimistic scenario for a long time now. I have no new numbers to back up. Here is the logic,
    1. The pre-approved PERM process came to an end some where in June 2007. This was fraud prone and some one could actually buy a PERM for 10K before. What percentage of PERMS were actually pre-approved ones?
    2. I have a few friends who tried to apply PERM during 2008-2010 time frame. None of them could make it past that stage - they were all laid off. The DD is much larger than we think it is.
    3. Not sure where the 70:30 ratio of EB2:EB3 ratio comes from. I work in the oil and gas industry where employers are very adamant not to file in EB2. Things might be better for the IT industry. But the crack down on Desi consulting industries were severe during the downturn. Getting an H1B extension was a big deal, forget about GC.
    4. CO's has gone for a buffet and he wants to fill his plate. Whether he does it in one round (BTM) or several rounds is upto him. Both are logical and makes sense.
    So apply Occam's Razor here - Every thing being same the best explanation is the simplest one. ie dates are moving fast and they will move even faster for the next 2-3 VBs

    Disclaimer: My PD is Aug 2009. This could also be my wishful thinking.
    Pre 2008, anyone and everyone who could imagine it was filing in EB2, of course I work in the semiconductor industry. This does bring an interesting point w.r.t to industries and the proportion of PERMs. Computers, Software and IT still dominate by the looks of it.

    I am in the Aug 2009 boat as well. Btw.

    Quote Originally Posted by imdeng View Post
    Welcome to Aug 2009 club. I am happy just being in the discussion this early even with wishful thinking.

    We all have anecdotal evidence of DD - hopefully the Demand Data or 485 inventory will soon help us quantify the extent of DD.

    About EB2:EB3 split, the impression of 70:30 split is strengthened by the fact that we haven't come across many EB3I with 2008/09/10 PD. This forum is EB2 focussed - but I am sure Teddy can confirm that even in his ** thread which includes EB3, he has rarely come across EB3 with post-2007 PDs.
    Its interesting, two months ago I couldn't give a hoot about the visa bulletin and now I am on this forum and crunching numbers. Perhaps the EB3 interest level is low because they are so far away from getting a green card.
    Last edited by BBear123; 12-16-2011 at 01:07 PM.

  11. #3236
    I hear you. I was trying to change jobs thinking that the dates will stall at June 2008. But now that I have a good offer in hand, I can't take it.

    Quote Originally Posted by BBear123 View Post
    Pre 2008, anyone and everyone who could imagine it was filing in EB2, of course I work in the semiconductor industry. This does bring an interesting point w.r.t to industries and the proportion of PERMs. Computers, Software and IT still dominate by the looks of it.

    I am in the Aug 2009 boat as well. Btw.



    Its interesting, two months ago I couldn't give a hoot about the visa bulletin and now I am on this forum and crunching numbers. Perhaps the EB3 interest level is low because they are so far away from getting a green card.

  12. #3237
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    Quote Originally Posted by gkjppp View Post
    I just checked Perm Data for year 2010, it looks intresting. I can't beleive 2010 filings are less than 2009?

    http://www.foreignlaborcert.doleta.g...ort_Master.pdf
    gkjppp,

    Those figures (a 28% drop) look correct since it relates to receipts in a Fiscal Year (October-September).

    To date (according to the PERM databases) there has been a decision (Certified, Denied or Withdrawn) on cases received in the relevant FY:

    FY2009 - 58,097 out of 60,977 (95.28%)
    FY2010 - 43,240 out of 43,984 (98.32%)

    The figure for FY2010 looks a bit high, unless audit numbers have declined but the overall figures bear out the difference noted in the Report.

    As it relates to Priority Dates, in FY2009 the applications received were biased towards CY2008 (34% of all applications with a decision were submitted in October to December 2008).

    Looking at the numbers by Calendar Year (January to December), the two years were quite similar in terms of Receipts. CY2009 received 48.3k applications that have had a decision and CY2010 received 48.7k applications that have had a decision to date.

    As a P.S. DOL reported that FY2011 Receipts for the period Oct-May were 63% higher than the corresponding period in FY2010.
    Last edited by Spectator; 12-16-2011 at 01:48 PM.
    Without an irritant, there can be no pearl.

  13. #3238
    So, till now we discussed that 2009 is a very light year. And 2010 is much denser. Now, from this data, can we at least say that 2010 is also as light as 2009 if not lighter?

    Quote Originally Posted by Spectator View Post
    gkjppp,

    Those figures (a 28% drop) look correct since it relates to receipts in a Fiscal Year (October-September).

    To date (according to the PERM databases) there has been a decision (Certified, Denied or Withdrawn) on cases received in the relevant FY:

    FY2009 - 58,097 out of 60,977 (95.28%)
    FY2010 - 43,240 out of 43,984 (98.32%)

    The figure for FY2010 looks a bit high, unless audit numbers have declined but the overall figures bear out the difference noted in the Report.

    As it relates to Priority Dates, in FY2009 the applications received were biased towards CY2008 (34% of all applications with a decision were submitted in October to December 2008).

    Looking at the numbers by Calendar Year (January to December), the two years were quite similar in terms of Receipts. CY2009 received 48.3k applications that have had a decision and CY2010 received 48.7k applications that have had a decision to date.

    As a P.S. DOL reported that FY2011 Receipts for the period Oct-May were 63% higher than the corresponding period in FY2010.
    Category: EB2-I PD: 11/29/2010 I-485 RD: 10/28/2020 ND: 12/05/2020 EAD/AP RD: 12/24/2020 FP: 03/30/2021

  14. #3239
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    Quote Originally Posted by feedmyback View Post
    So, till now we discussed that 2009 is a very light year. And 2010 is much denser. Now, from this data, can we at least say that 2010 is also as light as 2009 if not lighter?
    feedmyback,

    Although the total number of PERM approvals for All Countries in CY2009 and CY2010 were comparable (41.7k vs 43.1k), ROW-MP numbers fell (22.9k vs 18.5k) and IC numbers increased (18.8k vs 24.6k). China numbers were virtually unchanged, so all the increase came from India.

    This means the density of Indian cases is actually higher in CY2010 than CY2009.

    http://www.qesehmk.org/forums/showth...d-Calculations
    Without an irritant, there can be no pearl.

  15. #3240
    Got it. Thanks Spec...
    Category: EB2-I PD: 11/29/2010 I-485 RD: 10/28/2020 ND: 12/05/2020 EAD/AP RD: 12/24/2020 FP: 03/30/2021

  16. #3241
    AOS Medicals

    Sorry to post here, quite a bit urgent..

    My blood results showed I require the MMR vaccine. My Dr gave me the 1st dose of the shot and said I will have to get the 2nd dose in another 1 month. That would be mid January.

    My PD is current on Jan 1st. The Dr has given a report saying 1 MMR shot taken and 1 more to go. He says to submit the sealed envelope mentioning the same and send another follow up mid Jan. Is this okay? Or chance of an RFE?

    Any one had just 1 MMR shot and not the 2nd and still submitted the forms

  17. #3242
    Quote Originally Posted by iatiam View Post
    I hear you. I was trying to change jobs thinking that the dates will stall at June 2008. But now that I have a good offer in hand, I can't take it.
    I'm June-09 and recently changed jobs. My new PERM was filed just this month and I'm hoping and praying that my PD (PD porting) shouldn't get current and then retrogress before my new PERM is approved!! If that happens I'll be super-pisseD!

    Had I known this VB business is going to get this crazy this early, I'd have had stay put at my old job for a few more months. But anyway, even right now I could be looking at anywhere between 1 month to a year for my PD to be current. And getting a GC is an altogether different story...another 2 yrs may be? Sigh!
    Last edited by sdesh005; 12-16-2011 at 11:15 PM.

  18. #3243
    That's ok. That's the whole point of this forum. People shouldnt hold their life back in pursuing GC.

    Your overall wait to GC wouldnt be hurt no matter how many jobs you changed - as long as your PD is captured. Jun 09 is a bit out in the future, but as a rule, 5 years from PD is standard. In your case you could get lucky and get it in 2013.

    Quote Originally Posted by sdesh005 View Post
    I'm June-09 and recently changed jobs. My new PERM was filed just this month and I'm hoping and praying that my PD (PD porting) shouldn't get current and then retrogress before my new PERM is approved!! If that happens I'll be super-pisseD!

    Had I known this VB business is going to get this crazy this early, I'd have had stay put at my old job for a few more months. But anyway, even right now I could be looking at anywhere between 1 month to a year for my PD to be current. And getting a GC is an altogether different story...another 2 yrs may be? Sigh!
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  19. #3244
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    Quote Originally Posted by RMS_V13 View Post
    AOS Medicals

    Sorry to post here, quite a bit urgent..

    My blood results showed I require the MMR vaccine. My Dr gave me the 1st dose of the shot and said I will have to get the 2nd dose in another 1 month. That would be mid January.

    My PD is current on Jan 1st. The Dr has given a report saying 1 MMR shot taken and 1 more to go. He says to submit the sealed envelope mentioning the same and send another follow up mid Jan. Is this okay? Or chance of an RFE?

    Any one had just 1 MMR shot and not the 2nd and still submitted the forms
    I'm not in this situation but it shouldn't be any problem. even if there is a RFE, you will have records to show you've been taking them.

  20. #3245
    Quote Originally Posted by qesehmk View Post
    That's ok. That's the whole point of this forum. People shouldnt hold their life back in pursuing GC.

    Your overall wait to GC wouldnt be hurt no matter how many jobs you changed - as long as your PD is captured. Jun 09 is a bit out in the future, but as a rule, 5 years from PD is standard. In your case you could get lucky and get it in 2013.
    I agree. I'm not so worried about getting the actual card which could go well into
    2013 I know. However my concern is the Pd being current given the movement we're seeing of late. Getting a chance at EAD/AP would be something I'll hate to miss just because my LC isn't done and hence can't file concurrently! Hopefully my LC should come thru by March, it remains to be seen whether dates reach June 09 and stay there by then.

  21. #3246
    Quote Originally Posted by RMS_V13 View Post
    AOS Medicals

    Sorry to post here, quite a bit urgent..

    My blood results showed I require the MMR vaccine. My Dr gave me the 1st dose of the shot and said I will have to get the 2nd dose in another 1 month. That would be mid January.

    My PD is current on Jan 1st. The Dr has given a report saying 1 MMR shot taken and 1 more to go. He says to submit the sealed envelope mentioning the same and send another follow up mid Jan. Is this okay? Or chance of an RFE?

    Any one had just 1 MMR shot and not the 2nd and still submitted the forms
    This should not be a problem. While submitting the medical form all you need to prove that you started taking the dosage suggested by the civil surgeon.

    For example if somebody is asked take TB medication, the course would be for 90 days. If civil surgeon indicates that the person started taking the medication then they are good

  22. #3247
    Quote Originally Posted by qesehmk View Post
    That's ok. That's the whole point of this forum. People shouldnt hold their life back in pursuing GC.

    Your overall wait to GC wouldnt be hurt no matter how many jobs you changed - as long as your PD is captured. Jun 09 is a bit out in the future, but as a rule, 5 years from PD is standard. In your case you could get lucky and get it in 2013.
    Q ,

    Does this mean that with PD March 2011 Eb2, there is not chance to get GC before 2014 ?
    I am actually dilemma on whether to take FT and start over PERM and I-140 or not.
    Do you think its safe to take chance ? my new employer is not gauranting immediate filing on PERM, as per policy it might take 6-8 months time to start my PERM, so is it safe to move on or just stick on to where i am currently ?
    Note; My PD is March 2011 , EB2

  23. #3248
    Based on the Perm reports which was printed in 2009 and 2010, the number of per applications came down. Also starting 2005, number of h1b filings came down from 130k(or 110k) to 65K+20K, this is also places role in number of applications coming down, since 2005 applicants 6th year came in 2010 and so few applications coming to labor dept.

    In FY 2010 employers filed 43,984 applications, a 28 percent decrease from FY 2009 in which 60,977 applications were filed. The decrease in application filings may reflect, in part, the impact of unemployment in the U.S. and the consequent ability of employers to find willing and qualified U.S. workers to fill their employment needs.

    http://www.foreignlaborcert.doleta.g...ort_Master.pdf

    In FY 2009, Furthermore, the Professional, Scientifi c, and Technical Services Industry, which accounts for the largest number of permanent certifications in the PERM program, decreased over 37 percent.

    My guestimate is by end of May/June 2012, EB2 can move upto mid 2009 or end of 2009.

  24. #3249
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    Quote Originally Posted by iamsheshu View Post
    From this post http://desiways.wordpress.com/ it seems that HepA and HepB is required. Not sure though. I'm going tomorrow for the Medical Exam. Will check with them.
    I had my medicals done last week. The doc checked hep a and b as "not age appropriate". Guessing it's not required.

  25. #3250
    Friends,

    I have a family emergency and not able to decide whether or not to travel to India. Seeking your inputs.

    Filed my I-485 at TSC on 12/9/2011 - PD is 01/16/2008. I have not received the receipts yet, not sure how long it will take. I know after EAD/AP is approved it is safe to travel.

    I dont have H1B visa stamp, but do have I-797 approval.

    a) Can one travel when no receipts of I-485?
    b) Can one travel after receiving just receipts, not EAD/AP?
    c) Ofcouse H1B stamping has to be done without AP, but is it possible?
    d) How long does it take for EAD/AP in my case??

    Please help with information in this difficult time. I there are information pointers please share . Thanks for your help.

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