EB2 Predictions (Rather Calculations) - 2012

[iamsheshu]

I advice you to stick onto your current employer if you don't have any issues. There are high chances that you might be current in few months. This is just my advice.

[iamsheshu]

Yes, my doc said the same. I'm hoping the same it's not required.

[veni001]

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.

mygctracker,

a) Yes
b) Yes

In case of Both a & b you need to re-enter US using a valid non-immigrant VISA stamp, in your case H1B.

c)Yes
d) depends on Service Center, usually 60 to 90 days after receipt.

[dce.deepak]

I had my medicals done last week. The doc checked hep a and b as "not age appropriate". Guessing it's not required.

My doctor also checked "not age appropriate" for hep A and hep B and even should me a document for the same as a proof.

[mygctracker]

Veni,

Thanks for your answers. Could you please guide me with some CIS link where I can find more related information.

As today is sunday my employer is closed, I'll contact them tomorrow.

Thanks

mygctracker,

a) Yes
b) Yes

In case of Both a & b you need to re-enter US using a valid non-immigrant VISA stamp, in your case H1B.

c)Yes
d) depends on Service Center, usually 60 to 90 days after receipt.

[shashinehal]

I advice you to stick onto your current employer if you don't have any issues. There are high chances that you might be current in few months. This is just my advice.

Can i know for whose post this reply was for ?

[veni001]

Veni,

Thanks for your answers. Could you please guide me with some CIS link where I can find more related information.

As today is sunday my employer is closed, I'll contact them tomorrow.

Thanks

mygctracker,

Please refer to Federal Register Vol 72 No. 2011.

You can download PDF here, refer to pages 61791-2

[helpful_leo]

Advance apologies if this is not the right place for this, but can somebody please clarify the below issues:

1/ My birth certificate from India was issued recently – more than 3 decades after my birth. Does the later date of execution of the birth certificate trigger an RFE? I was reading in some posts online from 2004 where some ppl got RFEs because of late execution and were asked to submit affidavits and secondary documentation of birth.
Do ppl here have more recent experience with this?

2/ My dad’s name is abbreviated in my BC. My lawyer asked for the BC have full names of both parents. Will this be an issue and should I have affidavits prepared in advance? If so, who writes the affidavit and who can notarize it in India? Any further details will be very helpful.

3/ My city of birth has different spellings in my passport (the anglicized version) and my BC (the recently changed native version). Does this require an explanation and / or affidavit? Who writes the affidavit?

4/ In my wife’s BC, the place of birth mentions the local municipality (and not the city) while her passport mentions the city. Will this require an explanation and / or affidavit explaining that the municipality is in the same city / district?

Thanks for reading and any help is greatly appreciated. We have waited 11 years for this and do not want any screw-ups.

[vizcard]

Advance apologies if this is not the right place for this, but can somebody please clarify the below issues:

1/ My birth certificate from India was issued recently – more than 3 decades after my birth. Does the later date of execution of the birth certificate trigger an RFE? I was reading in some posts online from 2004 where some ppl got RFEs because of late execution and were asked to submit affidavits and secondary documentation of birth.
Do ppl here have more recent experience with this?

2/ My dad’s name is abbreviated in my BC. My lawyer asked for the BC have full names of both parents. Will this be an issue and should I have affidavits prepared in advance? If so, who writes the affidavit and who can notarize it in India? Any further details will be very helpful.

3/ My city of birth has different spellings in my passport (the anglicized version) and my BC (the recently changed native version). Does this require an explanation and / or affidavit? Who writes the affidavit?

4/ In my wife’s BC, the place of birth mentions the local municipality (and not the city) while her passport mentions the city. Will this require an explanation and / or affidavit explaining that the municipality is in the same city / district?

Thanks for reading and any help is greatly appreciated. We have waited 11 years for this and do not want any screw-ups.

Check with your lawyer but I'll give you my best advice. In all cases you will need an affidavit. I would prepare 2 affidavits - one for you, the other for your wife. Include all the issues and explanations and have parents sign them. I got mine done on stamp paper and my parents and my wife's parents met at the courthouse and signed in the presence of a lawyer who then notarized it.

Also, this may apply to names on marriage certificates too. Check names on there as well. PM me if you want specifics on my case.

[helpful_leo]

Thanks v much vizcard for the quick response!
You are right. The same issue exists in the marriage certificates, which I had not paid attention to.

PMed you.

[mygctracker]

Veni,

I can't Thank you enough. Last night I read the PDF and mentally prepared to travel out of US without receipts.
Just now, I saw 6 Receipt notices in mail box.
Me & my wife are happy that we will travel now for family emergency in India.

It is strange, earlier I thought going to India is only after getting AP in hand, due to fear of 221g with visa stamping. But now, that fear is nullified due to unfortunate family loss.

ThankU.

mygctracker,

Please refer to Federal Register Vol 72 No. 2011.

You can download PDF here, refer to pages 61791-2

[Jan2008]

Veni,

I can't Thank you enough. Last night I read the PDF and mentally prepared to travel out of US without receipts.
Just now, I saw 6 Receipt notices in mail box.
Me & my wife are happy that we will travel now for family emergency in India.

It is strange, earlier I thought going to India is only after getting AP in hand, due to fear of 221g with visa stamping. But now, that fear is nullified due to unfortunate family loss.

ThankU.

There is one that I want to add though which my lawyer had asked me a few times and that was- whether I was planning to travel out of country during the time my I-765 (EAD) and I-131 (AP) was being processed. According to him an individual whos application is in process should not travel (outside US) until they recieve their AP's or most importantly have done their Biometrics complete.

CIS will soon send you Biometrics notice and if you do not appear for your bio test on the specified day/ time/ location, they assume your case is abondoned. I may be wrong so guru's please correct me here. I, by no means want to be a pessimist here and I hope that God gives you courage in this tough time you and your family is going thru. I have been in a situation once before and I feel your pain. Just be sure to check all your options and be sure you are safe and sound from the processing stand point when you come back or even while you are travelling.

I will pray for you and your families safety and hope things will get fine soon. Take care

[mygctracker]

Jan2008,

Thanks for the caution. But from what I've read and learnt, it is not considered abandoned. I believe Gurus here will chime in to clearify.

I sent a paid question to LawBench, just to be sure.

Thanks

There is one that I want to add though which my lawyer had asked me a few times and that was- whether I was planning to travel out of country during the time my I-765 (EAD) and I-131 (AP) was being processed. According to him an individual whos application is in process should not travel (outside US) until they recieve their AP's or most importantly have done their Biometrics complete.

CIS will soon send you Biometrics notice and if you do not appear for your bio test on the specified day/ time/ location, they assume your case is abondoned. I may be wrong so guru's please correct me here. I, by no means want to be a pessimist here and I hope that God gives you courage in this tough time you and your family is going thru. I have been in a situation once before and I feel your pain. Just be sure to check all your options and be sure you are safe and sound from the processing stand point when you come back or even while you are travelling.

I will pray for you and your families safety and hope things will get fine soon. Take care

[nishant2200]

I believe Jan2008 is correct.

You should take an infopass appointment, or call customer service, and inform of your emergency situation, maybe they help you out. And you did the right thing by seeking paid legal consultation, let's see what lawyer says.

Jan2008,

Thanks for the caution. But from what I've read and learnt, it is not considered abandoned. I believe Gurus here will chime in to clearify.

I sent a paid question to LawBench, just to be sure.

Thanks

[TheTexan]

plays basketball with CO - lol...sorry that cracked me up...

[whereismygclost]

NSC ...No FP Notice Yet ..is this normal?

NSC || PD : 3 OCT 2007 || RD: 14-Nov-2011 || ND:25-Nov-2011 || FP Notice : ?? || EAD/AP : ??

I haven't yet received FP notice yet ..no EAD/AP ..is this normal from timeline perspective? When should I expect FP notice?

[SaturnRing]

Here is to hoping for a big jump till end of 2009, we are all waiting for so long and everybody deserves atleast EAD/AP , if not for GC.

[suninphx]

I had an informal discussion with my company immigration lawyer with respect to EB2-I.

- He claimed he is a good friend with CO and plays basketball with him. Since we are in the DC proximity, it is not far fetched to believe (although he might be exaggerating).
- He claimed that he had a few private meetings with CO.
- He claimed according to his "gut feeling", dates are going to move in Feb 12 bulletin and the jump will be big. He was less positive about a movement in March 12, but he said he gives a March 12 movement high likelihood.
- He did not elaborate the demand data picture at all.
- He said retrogression depends upon the numbers they receive in these big jumps and it is impossible to predict.

I can't reveal anyone's name or identity and you need to draw your own conclusions and do what is needed for your own good. Good luck to everyone.

Sports,

Thanks for sharing. Any positive information helps.

[narendarrao]

Thanks Sportsfan. Good to hear that they still have this in mind. The action date on this is 03/2012.

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB92

[nishant2200]

I would say that there are hints of plausibility in what you say. I sense honesty in it, meaning that you are truthfully relaying what was told to you.

Thanks for sharing.

I forgot to add one thing:

The lawyer said that the big movement was "intended" to give EADs rapidly to spouses who are currently on H4, as it will generate more employment. *Also*, he said the USCIS wants to raise as much revenues as possible and EB2-IC aggressive date movement gives them this chance.

I asked him about my pet theory of "2 years worth of demand since the EADs were given for 2 years", but he did not continue that line of discussion. He simply wrapped by saying that he "feels' a big jump is coming in Feb 12 bulletin.

If he really is a good friend of CO, then those are the motivations for the big movement - from the horse's mouth.

P.S. He also said HR 3012 has played 0% part in the movement. It was planned since the summer of 2011 when HR 3012 did not exist.

[imdeng]

Sportsfan - I hope your information is correct. It certainly *feels* correct - but then it could just be wishful thinking on our part. Two significant items in your post are: possibility of an aggressive movement in Feb VB and that the movements are independent of HR-3012. Both are good news.

BTW - you are perhaps opening your source to problems since this is an open forum and the information you provided can be used to identify your source.

On another note - the forum has become less-than-really-active these days. This forum has been a source of information and strength for me and I hope serious contributors will continue to be around and help keep the community vital.

I forgot to add one thing:

The lawyer said that the big movement was "intended" to give EADs rapidly to spouses who are currently on H4, as it will generate more employment. *Also*, he said the USCIS wants to raise as much revenues as possible and EB2-IC aggressive date movement gives them this chance.

I asked him about my pet theory of "2 years worth of demand since the EADs were given for 2 years", but he did not continue that line of discussion. He simply wrapped by saying that he "feels' a big jump is coming in Feb 12 bulletin.

If he really is a good friend of CO, then those are the motivations for the big movement - from the horse's mouth.

P.S. He also said HR 3012 has played 0% part in the movement. It was planned since the summer of 2011 when HR 3012 did not exist.

[Pdmar08]

I forgot to add one thing:

The lawyer said that the big movement was "intended" to give EADs rapidly to spouses who are currently on H4, as it will generate more employment. *Also*, he said the USCIS wants to raise as much revenues as possible and EB2-IC aggressive date movement gives them this chance.

I asked him about my pet theory of "2 years worth of demand since the EADs were given for 2 years", but he did not continue that line of discussion. He simply wrapped by saying that he "feels' a big jump is coming in Feb 12 bulletin.

If he really is a good friend of CO, then those are the motivations for the big movement - from the horse's mouth.

P.S. He also said HR 3012 has played 0% part in the movement. It was planned since the summer of 2011 when HR 3012 did not exist.

Guys,
dont you(all or most, not anyone in particular) feel that we are getting a little over optimistic? Past movements have good..no great. But really? What has changed? visa numbers are still the same. Yes demand destruction ...may be...to some extent.
But no one knows if the dates will stay put at 1/1/09 or move forward or retrogress.
We on this forum had one goal right? to understand the process and try to see how things will move and make life easy thru acceptance.
All this movement for revenue? really? then why not make it current for 2 months and retrogress. Revenues++ GC--
And how will this generate more employment?

I think people should be able to apply for EADs as soon as they have I140 and m not against furhter movement. But set your expectations right. If it moves ahead great if not..you already know why...all the previous posts on this forum are full of calculations.

Unless more visa numbers are made available or there is a solid drop in demand...more intake will only mean more wait time at the next stop. While most of us at this point want to file for AOS this forum will them become a place for discussing "how long till we get GC...we are waiting so long" OR "how do i switch jobs using AC21".

[nishant2200]

The point about CO's thoughts relayed through sportsfan33 was enabling H4 spouses to get EADs, and that would certainly make more people eligible for tech jobs for which employers have otherwise difficulty in sourcing local talent, or foreign talent because of restrictions on H1 and L1 visas. So hiring numbers would go up.

The strategy is to utilize low DD until USCIS catches up or QSP dries out a whole lot, to get more people in the system, and grant them EAD, it's not about giving GC. That's what I gather from sportsfan33 's posts

Guys,
dont you(all or most, not anyone in particular) feel that we are getting a little over optimistic? Past movements have good..no great. But really? What has changed? visa numbers are still the same. Yes demand destruction ...may be...to some extent.
But no one knows if the dates will stay put at 1/1/09 or move forward or retrogress.
We on this forum had one goal right? to understand the process and try to see how things will move and make life easy thru acceptance.
All this movement for revenue? really? then why not make it current for 2 months and retrogress. Revenues++ GC--
And how will this generate more employment?

I think people should be able to apply for EADs as soon as they have I140 and m not against furhter movement. But set your expectations right. If it moves ahead great if not..you already know why...all the previous posts on this forum are full of calculations.

Unless more visa numbers are made available or there is a solid drop in demand...more intake will only mean more wait time at the next stop. While most of us at this point want to file for AOS this forum will them become a place for discussing "how long till we get GC...we are waiting so long" OR "how do i switch jobs using AC21".

[suninphx]

I don't think my source really reads any forums. Not worried.

I thought about a long time before posting all of my information. Firstly, I never knew this guy was in the thick of the things. I came to know this today morning. Yes, it could be wishful thinking. Secondly, I understand a lot of folks are going to be very disappointed if this does not come true. But I still went ahead and took a chance, because I think there are parts of the information that are very useful to us.

If the bulletin does not progress, it may be due to the unexpected heavy demand. It has already progressed beyond anyone's wildest dreams.

The red flag in my chat with him is that he never talked about the demand picture. He did admit that very heavy demand could cause retrogression.

IMO- good you posted this. I am sure people around are matured enough not to 'set expectations' based on this(or any other lawyers) information. We have great set of numbers ...so we know what to expect. Anything above that we will take happily. In case dates dont move...we wait (which as it is we are doing...)...so I dont think anything wrong 'being optimistic'

PS: Luckily for many of us that CO is not moving dates purely based on numbers ....because if he did then in that case dates should not have moved beyond Feb 2008.

[suninphx]

The point about CO's thoughts relayed through sportsfan33 was enabling H4 spouses to get EADs, and that would certainly make more people eligible for tech jobs for which employers have otherwise difficulty in sourcing local talent, or foreign talent because of restrictions on H1 and L1 visas. So hiring numbers would go up.

The strategy is to utilize low DD until USCIS catches up or QSP dries out a whole lot, to get more people in the system, and grant them EAD, it's not about giving GC. That's what I gather from sportsfan33 's posts

"The strategy is to utilize low DD until USCIS catches up or QSP dries out a whole lot, to get more people in the system, and grant them EAD, it's not about giving GC"

I also think thats exactly what CO is doing.