EB2 Predictions (Rather Calculations) - 2012

[veni001]

Hi guys,

I have a similar question. Few months ago my spouse received EAD/AP combo card after filing for dependent I-485. She was in F-1 status at the time and had 20 hours/week assistantship. After receiving EAD, she did not report it to school and continued to be on I-20 (international student status). Last week, she received a new I-20 with some graduate program level minor updates. She still continues to work as an international student and receives assistantship from the school. My question is whether her student status is valid? Can she continue to be in student status and not use EAD? Or should we have reported her EAD status to her school? Other question is, will there be any problem with her future EAD renewal because of this?

Note- There is no travel involved in this case and AP was never used.

Yes, her student status is valid as log as she maintain her valid F1 status or until USCIS adjudicate her 485.

Unless she want to switch to EAD no further action is needed.

[vedu]

Veni,

Thanks for the confirmation, appreciated! She should be in F1 status for the foreseeable future.

Yes, her student status is valid as log as she maintain her valid F1 status or until USCIS adjudicate her 485.

Unless she want to switch to EAD no further action is needed.

[luckycub]

Hi all, I need your input -

I am currently on H1B in academia while I have received my EAD this March. If I switch to EAD, suppose my H1B will automatically become invalid. My question is after I switch to EAD, can I work for multiple employers? or in other word, can I work in multiple positions? Thanks a lot!

[Pundit Arjun]

Hi all, I need your input -

I am currently on H1B in academia while I have received my EAD this March. If I switch to EAD, suppose my H1B will automatically become invalid. My question is after I switch to EAD, can I work for multiple employers? or in other word, can I work in multiple positions? Thanks a lot!

Yes, you can work for Multiple employers/positions using the EAD. Good luck

[luckycub]

Yes, you can work for Multiple employers/positions using the EAD. Good luck

That's much better! Thanks a lot!

[JJcalifornian]

just a follow up question, My employer is holding H1B and maintaining my H1B status, can I work for some one else using my EAD on a part time basis?

[vizcard]

just a follow up question, My employer is holding H1B and maintaining my H1B status, can I work for some one else using my EAD on a part time basis?

Once you use your EAD, your H1 is invalidated whether or not its the same employer.

[qesehmk]

vizcard - that's wrong. H1 stays valid. Just that your status is no longer H1. One can always start using H1 as long as the underlying 797 is valid.

Once you use your EAD, your H1 is invalidated whether or not its the same employer.

[vizcard]

vizcard - that's wrong. H1 stays valid. Just that your status is no longer H1. One can always start using H1 as long as the underlying 797 is valid.

You are correct. I meant H1 status when I said H1.

Although to be in H1 status again (after going on EAD status), one has to stop working on EAD. I don't think you can work on both EAD and H1 at the same time. That was the original poster's question. Is this correct ?

[JJcalifornian]

vizcard - that's wrong. H1 stays valid. Just that your status is no longer H1. One can always start using H1 as long as the underlying 797 is valid.

Thanks Vizcard/Q,

I was in doubt as EAD is not a status but a permission to work for anyone. As long as my employer is keeping my H1 and I'm staying with them I thought I can hold the H1 status. So if I want to take up a part time job I need to file I-9 with my employer and I can use I-9 to work for a different employer as well.

[qesehmk]

Vizcard - EAD is total freedom. You can take up as many jobs as you want and no your H1 status doesnt get affected by use of EAD unless you used EAD as work authorization for the job you are holding using H1 authorization. In other words your H1 status can get affected if you stop using your H1 authorization.

If you use H1 for one type of employment and use EAD for another - that sounds perfectly alright to me.

You are correct. I meant H1 status when I said H1.

Although to be in H1 status again (after going on EAD status), one has to stop working on EAD. I don't think you can work on both EAD and H1 at the same time. That was the original poster's question. Is this correct ?

[qesehmk]

That is correct.

If your H1 with your current employer is in good standing ... I don't think you need to update I-9 with them.

With any potentially new employer you of course should use EAD - unless you do hold a second H1.

So that's another thing - by the way - a person can hold multiple H1s and work for multiple employers at the same time.

I was in doubt as EAD is not a status but a permission to work for anyone. As long as my employer is keeping my H1 and I'm staying with them I thought I can hold the H1 status. So if I want to take up a part time job I need to file I-9 with my employer and I can use I-9 to work for a different employer as well.

[luckycub]

vizcard - that's wrong. H1 stays valid. Just that your status is no longer H1. One can always start using H1 as long as the underlying 797 is valid.

Hi Q,
So, I can keep my H1B with the current employer, and use my EAD for other jobs as long as I dont use the EAD for the current employer, my H1B stays valid till expiration -
Can I still be able to refile or renew my H1B when the current one expires and I used my EAD for other jobs?
Thank you!

[qesehmk]

I think so. Yes.

p.s. - H1 authorization always remain valid till expiration. Whether you choose to be in H1 status or not is your choice. And yes you can switch between statuses (of course use a good lawyer as needed!)

Hi Q,
So, I can keep my H1B with the current employer, and use my EAD for other jobs as long as I dont use the EAD for the current employer, my H1B stays valid till expiration -
Can I still be able to refile or renew my H1B when the current one expires and I used my EAD for other jobs?
Thank you!

[gs1968]

I don't know if this has been analyzed already or not

http://aila.org/content/default.aspx?docid=40699

[veni001]

I don't know if this has been analyzed already or not

http://aila.org/content/default.aspx?docid=40699

Yes, Spec did few pages back

[kumar19]

Hi, a few general questions. Mine is EB2I Texas with PD 07/31/2007. My wife started working on EAD. EAD expires 01/2013. I am still on H1. She is tavelling to India tomorrow.

1. carrying her EAD/AP card, Prior H1/H-4 status approval ( just for the sake of it) documents good enough? Anything else I am missing?
2. I am hoping to get my GC this oct/nov. but at that time my wife ( using EAD now) will be in india. Will that be a problem? what else we need to be aware of in this case?
3. in worst possible case scenario, if I dont get my GC by 01/2013, I need to renew my EAD.Whats the earliest date I can apply for EAD renewal?

sorry to post in this forum. I will make sure to have this question moved couple of days later. As always thankful to the members contributing to this forum.

[Spectator]

Answers inline.

Hi, a few general questions. Mine is EB2I Texas with PD 07/31/2007. My wife started working on EAD. EAD expires 01/2013. I am still on H1. She is tavelling to India tomorrow.

1. carrying her EAD/AP card, Prior H1/H-4 status approval ( just for the sake of it) documents good enough? Anything else I am missing?

That should be fine.

2. I am hoping to get my GC this oct/nov. but at that time my wife ( using EAD now) will be in india. Will that be a problem? what else we need to be aware of in this case?

As long as her AP remains valid, she does not have a problem, but she would need to return before it expires.

3. in worst possible case scenario, if I dont get my GC by 01/2013, I need to renew my EAD.Whats the earliest date I can apply for EAD renewal?

The earliest you can apply is 120 days from expiry.

[SmileBaba]

Admins/Mods: I have posted a thread on my wife's 485 RFE 2 days ago but is still not visible on forum. Kindly see if you can make it available on forum.

[vizcard]

Admins/Mods: I have posted a thread on my wife's 485 RFE 2 days ago but is still not visible on forum. Kindly see if you can make it available on forum.

In what forum did you create the thread? Calculations or Live Discussion. If you don't mind, just ask your question here.

[qesehmk]

smilebaba done.moved to 485 folder.

The forum level threads are moderated. Please create new threads inside the subforum level folders e.g. 485 folder.

Admins/Mods: I have posted a thread on my wife's 485 RFE 2 days ago but is still not visible on forum. Kindly see if you can make it available on forum.

[openaccount]

Finally 2011 DOS report updated:

http://www.travel.state.gov/pdf/FY11...-Table%20V.pdf
http://www.travel.state.gov/pdf/FY11...Table%20VI.pdf

EB2-->66,804
EB2I-->23,997
EB2C-->8,257
EB2IC-->32,254
Eb2ROW-->34550
EB1------->25229
EB3---->37425

[openaccount]

Another surprising(good) thing EB3I got 3954 not sure if this has some porting numbers which were added in Eb3 instead of Eb2

[Spectator]

FY2011 Visa Approvals

FY2011-EB Visa Approvals

EB2 Approvals

- Country --- EB1 ----- EB2 ----- EB3 ----- EB4 ---- EB5 ---- Total
CHINA ----- 3,940 --- 8,257 --- 2,542 ------ 78 -- 2,408 --- 17,225
INDIA ----- 4,563 -- 23,997 --- 4,002 ----- 444 ----- 37 --- 33,043
MEXICO ---- 1,206 --- 1,147 --- 6,228 ----- 713 ----- 53 ---- 9,347
PHIL. ------- 171 --- 3,242 --- 3,909 ----- 304 ------ 2 ---- 7,628
ROW ------ 15,349 -- 30,161 -- 20,744 --- 4,842 ---- 963 --- 72,059

TOTAL ---- 25,229 -- 66,804 -- 37,425 --- 6,381 -- 3,463 -- 139,302

THEORETICAL SPILLOVER

EB1 -------- 14,811
EB2-M ------- 1,656
EB2-P -------- (439)
EB2-ROW ---- (1,333)
EB4 --------- 3,559
EB5 --------- 6,477

TOTAL ------ 24,731

SPILLOVER USED

Spillover -- 26,648
EB2-IC ------ 5,606

SOFAD ------ 32,254

SPILLOVER
WASTAGE ---- (1,917)

A negative number indicates that more spillover was used than was available from EB1, EB2, EB4 & EB5 i.e. visas were used from EB3!

SPILLOVER ALLOCATION

--------------- No. ---- % --
CHINA ------- 5,454 -- 20.47%
INDIA ------ 21,194 -- 79.53%

TOTAL ------ 26,648 - 100.00%


EB2-WW used 34,550 visas, which is 116 more than the initial allocation of 34,434.



EB3 Approvals

EB3-China received 39 more visas than their allocation of 2,503 visas (1.56%).
EB3-India received 1,199 more visas than their allocation of 2,803 visas (42.78%).
EB3-Mexico received 3,425 more visas than their allocation of 2,803 visas (122.19%).
EB3-Philippines received 1,106 more visas than their allocation of 2,803 visas (39.46%).
EB3-ROW received 8,384 less visas than their allocation of 29,128 visas (28.78%).
Adjusted for M&P usage, EB3-ROW received 3,853 less visas that expected (15.66%).

EB3 received 2,615 less visas than the allocation of 40,040 (6.53%).


EB1
--------------- Total ---- % ------ CP ---- % CP -- CP FY2010
China --------- 3,940 -- 15.62% ---- 269 -- 6.83% ----- 4.08%
India --------- 4,563 -- 18.09% ----- 69 -- 1.51% ----- 1.56%
Mexico -------- 1,206 --- 4.78% ----- 46 -- 3.81% ----- 2.40%
Philippines ----- 171 --- 0.68% ----- 15 -- 8.77% ----- 7.37%
ROW ---------- 15,349 -- 60.84% -- 1,213 -- 7.90% ----- 6.00%

Total -------- 25,229 - 100.00% -- 1,612 -- 6.39% ----- 4.80%


EB2
--------------- Total ---- % ------ CP ---- % CP -- CP FY2010
China --------- 8,257 -- 12.36% ----- 66 -- 0.80% ----- 1.08%
India -------- 23,997 -- 35.92% ---- 133 -- 0.55% ----- 0.51%
Mexico -------- 1,147 --- 1.72% ----- 18 -- 1.57% ----- 2.69%
Philippines --- 3,242 --- 4.85% ---- 256 -- 7.90% ----- 6.34%
ROW ---------- 30,161 -- 45.15% -- 1,213 -- 4.02% ----- 4.78%

Total -------- 66,804 - 100.00% -- 1,686 -- 2.52% ----- 2.78%


EB3
--------------- Total ---- % ------ CP ---- % CP -- CP FY2010
China --------- 2,542 --- 6.79% -- 1,492 - 58.69% ---- 56.15%
India --------- 4,002 -- 10.69% ---- 263 -- 6.57% ---- 16.57%
Mexico -------- 6,228 -- 16.64% ---- 324 -- 5.20% ----- 2.18%
Philippines --- 3,909 -- 10.44% -- 1,498 - 38.32% ---- 20.79%
ROW ---------- 20,744 -- 55.43% -- 3,985 - 19.21% ---- 11.70%

Total -------- 37,425 - 100.00% -- 7,562 - 20.21% ---- 14.94%


EB4
--------------- Total ---- % ------ CP ---- % CP -- CP FY2010
China ------------ 78 --- 1.22% ----- 16 - 20.51% ----- 4.08%
India ----------- 444 --- 6.96% ---- 173 - 38.96% ---- 21.72%
Mexico ---------- 713 -- 11.17% ----- 22 -- 3.09% ----- 2.86%
Philippines ----- 304 --- 4.76% ----- 87 - 28.62% ---- 29.66%
ROW ----------- 4,842 -- 75.88% -- 1,062 - 21.93% ---- 15.95%

Total --------- 6,381 - 100.00% -- 1,360 - 21.31% ---- 15.86%


EB5
--------------- Total ---- % ------ CP ---- % CP -- CP FY2010
China --------- 2,408 -- 69.54% -- 2,233 - 92.73% ---- 75.26%
India ------------ 37 --- 1.07% ----- 12 - 32.43% ---- 24.19%
Mexico ----------- 53 --- 1.53% ------ 4 -- 7.55% ---- 28.00%
Philippines ------- 2 --- 0.06% ------ 0 -- 0.00% ----- 0.00%
ROW ------------- 963 -- 27.81% ---- 630 - 65.42% ---- 53.01%

Total --------- 3,463 - 100.00% -- 2,879 - 83.14% ---- 60.42%


EB1 - EB5
--------------- Total ---- % ------ CP ---- % CP -- CP FY2010
China -------- 17,225 -- 12.37% -- 4,076 - 23.66% ---- 16.83%
India -------- 33,043 -- 23.72% ---- 650 -- 1.97% ----- 2.95%
Mexico -------- 9,347 --- 6.71% ---- 414 -- 4.43% ----- 2.42%
Philippines --- 7,628 --- 5.48% -- 1,856 - 24.33% ---- 16.11%
ROW ---------- 72,059 -- 51.73% -- 8,103 - 11.24% ----- 8.88%

Total ------- 139,302 - 100.00% - 15,099 - 10.84% ----- 8.45%


EB1 - EB3
--------------- Total ---- % ------ CP ---- % CP -- CP FY2010
China -------- 14,739 -- 11.39% -- 1,827 - 12.40% ---- 14.24%
India -------- 32,562 -- 25.15% ---- 465 -- 1.43% ----- 2.39%
Mexico -------- 8,581 --- 6.63% ---- 388 -- 4.52% ----- 2.26%
Philippines --- 7,322 --- 5.66% -- 1,769 - 24.16% ---- 14.89%
ROW ---------- 66,254 -- 51.18% -- 6,411 -- 9.68% ----- 7.47%

Total ------- 129,458 - 100.00% - 10,860 -- 8.39% ----- 7.14%


FAMILY BASED
--------------- Total ---- % --
China -------- 17,450 --- 7.89%
India -------- 12,032 --- 5.44%
Mexico ------- 44,732 -- 20.24%
Philippines -- 18,142 --- 8.21%
ROW --------- 128,686 -- 58.22%

Total ------- 221,042 - 100.00%


EB & FB
--------------- Total ---- % --
China -------- 34,675 --- 9.62%
India -------- 45,075 -- 12.51%
Mexico ------- 54,079 -- 15.01%
Philippines -- 25,770 --- 7.15%
ROW --------- 200,745 -- 55.71%

Total ------- 360,344 - 100.00%

[vizcard]

So rules don't mean squat.